27Right of appeal against determination of the Compensation Board

27 Right of appeal against determination of the Compensation Board

27 Right of appeal against determination of the Compensation Board

(1) Not later than 30 days after being notified of the determination of a claim by the Compensation Board or of the refusal by the Board of a claim, the claimant may, by notice in writing, lodge with the Compensation Review Tribunal an appeal against the determination or refusal.

(2) An appeal shall not be entertained by the Compensation Review Tribunal unless it:

(a) specifies the ground of appeal, and

(b) is accompanied by a lodgment fee of $100.

(3) The grounds on which an appeal may be lodged under subclause (1) are:

(a) in the case of an appeal against a determination of the Compensation Board, that the Compensation Board has wrongly assessed the amount of compensation that is payable to the claimant, and

(b) in the case of an appeal against the refusal of a claim, that the claimant was entitled to compensation under this instrument or that the claim was wrongfully refused.

(4) A claimant is not entitled to appeal under this clause to the Compensation Review Tribunal on the ground:

(a) that the claimant is dissatisfied with the determination of any rate of interest by the Compensation Board or the Treasurer for the purposes of clause 18 or 24, or

(b) that the Compensation Board has declined to exercise its discretion under clause 20, 21 or 22,

but if the Board has, in respect of a claim, exercised its discretion under clause 20, 21 or 22, the claimant is nevertheless entitled to appeal under this clause on the ground specified in subclause (3) (a).

(5) If:

(a) a claimant has appealed under subclause (1) against the refusal of a claim by the Compensation Board, and

(b) in consequence of the Compensation Review Tribunal’s having remitted the matter to the Board under clause 29 (3) (b) for reconsideration, the Board has made a determination assessing the amount of compensation to be paid to the claimant,

the claimant is not precluded from lodging a further appeal under subclause (1) on the ground specified in subclause (3) (a).

Am 13.11.1987; 14.1.1994.