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NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
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A former teacher, Laura Hill, was sentenced to over five years in prison for having a sexual relationship with her 15-year-old student. The court recognised that Hill has a borderline personality disorder which contributed to her offending and makes prison more difficult for her. She also received credit for telling the school principal about the relationship before police became involved. The judge noted that Hill has been separated from her young children since her arrest, which amounts to additional punishment beyond the prison sentence. Despite the student appearing to consent, the court emphasised that the law prohibits sexual activity with children under 16 to protect them from harm. The sentence was set below the standard sentence guidelines due to these mitigating factors.
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