Disability Services Act 2006
sec.358Appeal by new disqualified person against decision of tribunal on review of part 5 reviewable decision
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sec.358 Appeal by new disqualified person against decision of tribunal on review of part 5 reviewable decision
This section applies if— before the commencement, a person may have appealed under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision; and on the commencement— the time within which the person may appeal under the QCAT Act has not passed; and the person is a new disqualified person. Any appeal started by the person against the decision must be dismissed— if a proceeding in relation to the 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 358 ins 2019 No. 19 s 46 (sec.358-ssec.1) This section applies if— before the commencement, a person may have appealed under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision; and on the commencement— the time within which the person may appeal under the QCAT Act has not passed; and the person is a new disqualified person. (sec.358-ssec.2) Any appeal started by the person against the decision must be dismissed— if a proceeding in relation to the 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 may have appealed under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision; and
- (b) on the commencement— (i) the time within which the person may appeal under the QCAT Act has not passed; and (ii) the person is a new disqualified person.
- (i) the time within which the person may appeal under the QCAT Act has not passed; and
- (ii) the person is a new disqualified person.
- (i) the time within which the person may appeal under the QCAT Act has not passed; and
- (ii) the person is a new disqualified person.
- (a) if a proceeding in relation to the 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.