QLDIn ForceAct
Child Protection Act 1999
sec.99MWhen matter before court
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### sec.99M When matter before court
Subsection (2) applies if—
a review application is before the tribunal; and
some or all the matters to which the reviewable decision relates are also before a court.
A legally qualified member of the tribunal must suspend the tribunal’s review if the member considers—
the court’s decision about the matters would effectively decide the same issues to be decided by the tribunal; and
the matters will be dealt with quickly by the court.
If a legally qualified member acts under subsection (2) , the court decides the matters and the decision effectively decides the issues before the tribunal, the member must dismiss the review application.
Subsection (5) applies if—
a legally qualified member has suspended the tribunal’s review; and
the matters have not been decided by the court.
The member may cancel the suspension and the tribunal may continue to deal with the review application.
A legally qualified member may act under subsection (2) , (3) or (5) on the member’s own initiative or on application by a party to the review.
s 99M ins 2009 No. 24 s 18
amd 2016 No. 24 s 18
(sec.99M-ssec.1) Subsection (2) applies if— a review application is before the tribunal; and some or all the matters to which the reviewable decision relates are also before a court.
(sec.99M-ssec.2) A legally qualified member of the tribunal must suspend the tribunal’s review if the member considers— the court’s decision about the matters would effectively decide the same issues to be decided by the tribunal; and the matters will be dealt with quickly by the court.
(sec.99M-ssec.3) If a legally qualified member acts under subsection (2) , the court decides the matters and the decision effectively decides the issues before the tribunal, the member must dismiss the review application.
(sec.99M-ssec.4) Subsection (5) applies if— a legally qualified member has suspended the tribunal’s review; and the matters have not been decided by the court.
(sec.99M-ssec.5) The member may cancel the suspension and the tribunal may continue to deal with the review application.
(sec.99M-ssec.6) A legally qualified member may act under subsection (2) , (3) or (5) on the member’s own initiative or on application by a party to the review.
- (a) a review application is before the tribunal; and
- (b) some or all the matters to which the reviewable decision relates are also before a court.
- (a) the court’s decision about the matters would effectively decide the same issues to be decided by the tribunal; and
- (b) the matters will be dealt with quickly by the court.
- (a) a legally qualified member has suspended the tribunal’s review; and
- (b) the matters have not been decided by the court.