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Coal Mining Safety and Health Act 1999
sec.238How to start appeal
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### sec.238 How to start appeal
An appeal is started by the appellant—
filing a notice of appeal with an Industrial Magistrates Court; and
serving a copy of the notice on—
if the appeal is against the Minister’s decision—the Minister; or
if the appeal is against the CEO’s decision—the CEO; or
if the appeal is against the board of examiners’ decision—the board of examiners.
The notice of appeal must be filed within 28 days after the appellant receives notice of the decision appealed against.
The court may at any time extend the period for filing the notice of appeal.
The notice of appeal must state the grounds of the appeal.
s 238 amd 2018 No. 28 s 38 ; 2020 No. 10 s 139 sch 2
(sec.238-ssec.1) An appeal is started by the appellant— filing a notice of appeal with an Industrial Magistrates Court; and serving a copy of the notice on— if the appeal is against the Minister’s decision—the Minister; or if the appeal is against the CEO’s decision—the CEO; or if the appeal is against the board of examiners’ decision—the board of examiners.
(sec.238-ssec.2) The notice of appeal must be filed within 28 days after the appellant receives notice of the decision appealed against.
(sec.238-ssec.3) The court may at any time extend the period for filing the notice of appeal.
(sec.238-ssec.4) The notice of appeal must state the grounds of the appeal.
- (a) filing a notice of appeal with an Industrial Magistrates Court; and
- (b) serving a copy of the notice on— (i) if the appeal is against the Minister’s decision—the Minister; or (ii) if the appeal is against the CEO’s decision—the CEO; or (iii) if the appeal is against the board of examiners’ decision—the board of examiners.
- (i) if the appeal is against the Minister’s decision—the Minister; or
- (ii) if the appeal is against the CEO’s decision—the CEO; or
- (iii) if the appeal is against the board of examiners’ decision—the board of examiners.
- (i) if the appeal is against the Minister’s decision—the Minister; or
- (ii) if the appeal is against the CEO’s decision—the CEO; or
- (iii) if the appeal is against the board of examiners’ decision—the board of examiners.