82Interpretation

82 Interpretation

82 Interpretation

(1) Each of the following kinds of decisions of the Tribunal is an appealable decision of the Tribunal for the purposes of this Division—

(a) any decision made by an Appeal Panel in an internal appeal,

(b) any decision made by the Tribunal in an external appeal,

(c) any decision made by the Tribunal in proceedings in which a civil penalty has been imposed by the Tribunal in exercise of its enforcement or general jurisdiction.

Note.

An appealable decision includes any ancillary or interlocutory decisions of the Tribunal in such proceedings.

(2) However, an appealable decision of the Tribunal does not include—

(a) any decision made by the Tribunal in proceedings for contempt of the Tribunal, or

(b) any decision made by an Appeal Panel in an internal appeal against a decision of a registrar.

Note.

Section 201 of the District Court Act 1973 (as applied by section 73) provides for appeals to the Supreme Court against contempt decisions of the Tribunal under that section.

(3) For the purpose of this Division, the appropriate appeal court for an appeal against a decision in proceedings in which a civil penalty has been imposed is—

(a) if the Tribunal was constituted by one or more senior judicial officers—the Supreme Court, or

(b) if the Tribunal was not constituted by or with any senior judicial officers—the District Court.

(4) A reference to the Tribunal in another provision of this Division is to be read as a reference to an Appeal Panel if the appealable decision of the Tribunal concerned is a decision of an Appeal Panel.

(5) In this section—

senior judicial officer means any of the following—

(a) a Judge of the District Court,

(b) a judicial member of the Industrial Relations Commission,

(c) a Judge of the Land and Environment Court,

(d) a Judge of the Supreme Court.