79Appeal to Federal Court of Australia from decisions of Disciplinary Tribunal

#### 79 Appeal to Federal Court of Australia from decisions of Disciplinary Tribunal (1) A person who was a party to a proceeding before the Disciplinary Tribunal may appeal to the Court, on a question of law, from a decision of the Tribunal in that proceeding. (1A) Where, in pursuance of section 67, 68 or 69, the Disciplinary Tribunal imposes a penalty on a person in respect of a breach of discipline (other than a penalty of admonition or reprimand), the person or the Commissioner may appeal to the Court from the decision of the Tribunal on the ground that the penalty is unduly severe or is inadequate. (1B) On application by a person who wishes to appeal to the Court under subsection (1A) against a decision of the Tribunal, the Tribunal constituted by the President or by a Deputy President may suspend the operation of the decision for 28 days or such further period as the Tribunal in its discretion directs and on such conditions (if any) as it thinks fit. (2) The appeal shall be instituted: (a) within 28 days after the day on which a document setting out the terms of the decision of the Disciplinary Tribunal was furnished to the appellant or within such further time as the Court, whether before or after the expiration of that period, allows; and (b) in such manner as is prescribed by rules of court made under the Federal Court of Australia Act 1976. (3) The Court has jurisdiction to hear and determine the appeal, and that jurisdiction shall be exercised by the Court constituted as a Full Court. (4) The Court shall, in determining the appeal, make such order as it thinks appropriate. (5) Without limiting by implication the generality of subsection (4), the orders that may be made by the Court on the appeal include an order affirming or setting aside the decision of the Disciplinary Tribunal and an order remitting the proceeding to be heard and determined again, either with or without the hearing of further evidence, by the Tribunal and in accordance with any directions of the Court. (6) Subject to the following provisions of this section, the institution of an appeal to the Court from a decision of the Disciplinary Tribunal does not affect the operation of the decision or prevent the taking of action to implement the decision. (7) Where an appeal is instituted in the Court from a decision of the Disciplinary Tribunal, the Court or a Judge of the Court may make such order or orders staying or otherwise affecting the operation or implementation of either or both of the following: (a) the decision of the Tribunal or a part of that decision; and (b) the decision to which the proceeding before the Tribunal related or a part of that decision; as the Court or Judge considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the appeal. (8) Where an order is in force under subsection (7) (including an order that has previously been varied on one or more occasions under this subsection), the Court or a Judge of the Court may make an order varying or revoking the first‑mentioned order. (9) An order in force under subsection (7) (including an order that has previously been varied on one or more occasions under subsection (8)): (a) is subject to such conditions as are specified in the order; and (b) has effect until: (i) where a period for the operation of the order is specified in the order—the expiration of that period or, if a decision is given on the appeal before the expiration of that period, the giving of the decision; or (ii) where no period is so specified—the giving of a decision on the appeal.