sec.97QCAT to decide review on evidence before the commissioner

sec.97 QCAT to decide review on evidence before the commissioner

This section applies to a proceeding for a review by QCAT of an objection decision. QCAT must— hear and decide the review of the objection decision by way of a reconsideration of the evidence before the commissioner when the decision was made, unless QCAT considers it necessary in the interests of justice to allow new evidence; and decide the review of the decision under the same law that applied to the making of the relevant original decision. The grounds on which the application for review is made are limited to the grounds of the relevant objection unless QCAT otherwise orders. If QCAT decides, under the QCAT Act , section 139 , that the proceeding should be reopened, the issues in the proceeding that are reheard must be— heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the objection decision; and decided in accordance with the same law that applied to the making of the relevant original decision. In this section— new evidence means evidence that was not before the commissioner when the objection decision was made. relevant objection means the objection to which the objection decision relates. relevant original decision means the original decision that was the subject of the relevant objection. (sec.97-ssec.1) This section applies to a proceeding for a review by QCAT of an objection decision. (sec.97-ssec.2) QCAT must— hear and decide the review of the objection decision by way of a reconsideration of the evidence before the commissioner when the decision was made, unless QCAT considers it necessary in the interests of justice to allow new evidence; and decide the review of the decision under the same law that applied to the making of the relevant original decision. (sec.97-ssec.3) The grounds on which the application for review is made are limited to the grounds of the relevant objection unless QCAT otherwise orders. (sec.97-ssec.4) If QCAT decides, under the QCAT Act , section 139 , that the proceeding should be reopened, the issues in the proceeding that are reheard must be— heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the objection decision; and decided in accordance with the same law that applied to the making of the relevant original decision. (sec.97-ssec.5) In this section— new evidence means evidence that was not before the commissioner when the objection decision was made. relevant objection means the objection to which the objection decision relates. relevant original decision means the original decision that was the subject of the relevant objection.

• (a) hear and decide the review of the objection decision by way of a reconsideration of the evidence before the commissioner when the decision was made, unless QCAT considers it necessary in the interests of justice to allow new evidence; and