Disability Services Act 2006
sec.356Undecided reviews and appeals by new disqualified persons
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sec.356 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part 5 reviewable decision; and immediately before the commencement, the application or appeal had not been decided or withdrawn; and on the commencement, the person is a new disqualified person.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 356 ins 2019 No. 19 s 46 (sec.356-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part 5 reviewable decision; and immediately before the commencement, the application or appeal had not been decided or withdrawn; and on the commencement, the person is a new disqualified person. (sec.356-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- (b) immediately before the commencement, the application or appeal had not been decided or withdrawn; and
- (c) on the commencement, 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
- (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.