sec.219QQCAT to decide review on evidence before decision maker

### sec.219Q QCAT to decide review on evidence before decision maker A review of a reviewable decision is by way of rehearing on the evidence ( original evidence ) given in the proceeding before the original decision-maker ( original proceeding ). However, QCAT may give leave to adduce fresh, additional or substituted evidence ( new evidence ) if satisfied— the person seeking to adduce the new evidence did not know, or could not reasonably be expected to have known, of its existence at the original proceeding; or in the special circumstances of the case, it would be unfair not to allow the person to adduce the new evidence. If QCAT gives leave under subsection (2) , the review is— by way of rehearing on the original evidence; and on the new evidence adduced. s 219Q ins 2019 No. 32 s 28 (sec.219Q-ssec.1) A review of a reviewable decision is by way of rehearing on the evidence ( original evidence ) given in the proceeding before the original decision-maker ( original proceeding ). (sec.219Q-ssec.2) However, QCAT may give leave to adduce fresh, additional or substituted evidence ( new evidence ) if satisfied— the person seeking to adduce the new evidence did not know, or could not reasonably be expected to have known, of its existence at the original proceeding; or in the special circumstances of the case, it would be unfair not to allow the person to adduce the new evidence. (sec.219Q-ssec.3) If QCAT gives leave under subsection (2) , the review is— by way of rehearing on the original evidence; and on the new evidence adduced. - (a) the person seeking to adduce the new evidence did not know, or could not reasonably be expected to have known, of its existence at the original proceeding; or - (b) in the special circumstances of the case, it would be unfair not to allow the person to adduce the new evidence. - (a) by way of rehearing on the original evidence; and - (b) on the new evidence adduced.