Disability Services Act 2006
sec.321Undecided reviews and appeals by new disqualified persons
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sec.321 Undecided reviews and appeals by new disqualified persons
This section applies if— before the commencement, a person— applied, under section 109, for a review of a part 5 reviewable decision; or appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and at the commencement— the application or appeal has not been decided; and the person is a new disqualified person. The application or appeal, and any proceeding in relation to the application or appeal, must be dismissed— if a proceeding in relation to the application or appeal is before a court—by the court; or otherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal. s 321 ins 2013 No. 14 s 31 (sec.321-ssec.1) This section applies if— before the commencement, a person— applied, under section 109, for a review of a part 5 reviewable decision; or appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and at the commencement— the application or appeal has not been decided; and the person is a new disqualified person. (sec.321-ssec.2) The application or appeal, and any proceeding in relation to the application or appeal, must be dismissed— if a proceeding in relation to the application or appeal is before a court—by the court; or otherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.
- (a) before the commencement, a person— (i) applied, under section 109, for a review of a part 5 reviewable decision; or (ii) appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and
- (i) applied, under section 109, for a review of a part 5 reviewable decision; or
- (ii) appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and
- (b) at the commencement— (i) the application or appeal has not been decided; and (ii) the person is a new disqualified person.
- (i) the application or appeal has not been decided; and
- (ii) the person is a new disqualified person.
- (i) applied, under section 109, for a review of a part 5 reviewable decision; or
- (ii) appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and
- (i) the application or appeal has not been decided; and
- (ii) the person is a new disqualified person.
- (a) if a proceeding in relation to the application or appeal is before a court—by the court; or
- (b) otherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.