Disability Services Act 2006
sec.382Undecided reviews or appeals
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sec.382 Undecided reviews or appeals
This section applies if, immediately before the commencement— an application for a review of a part 5 reviewable decision, made under former section 109 by the affected person for the decision, had not been decided or withdrawn; or an appeal against a decision of the tribunal relating to a part 5 reviewable decision, started under the QCAT Act by the affected person for the decision or the chief executive, had not been decided or withdrawn. The entity hearing the review or appeal must dismiss— the application or appeal; and any proceeding that relates to the application or appeal. Subsection (2) applies to a proceeding before the tribunal even if the dismissal would be contrary to a direction of the Court of Appeal. The chief executive must make a new decision about the affected person under section 385. s 382 ins 2020 No. 39 s 24 (sec.382-ssec.1) This section applies if, immediately before the commencement— an application for a review of a part 5 reviewable decision, made under former section 109 by the affected person for the decision, had not been decided or withdrawn; or an appeal against a decision of the tribunal relating to a part 5 reviewable decision, started under the QCAT Act by the affected person for the decision or the chief executive, had not been decided or withdrawn. (sec.382-ssec.2) The entity hearing the review or appeal must dismiss— the application or appeal; and any proceeding that relates to the application or appeal. (sec.382-ssec.3) Subsection (2) applies to a proceeding before the tribunal even if the dismissal would be contrary to a direction of the Court of Appeal. (sec.382-ssec.4) The chief executive must make a new decision about the affected person under section 385.
- (a) an application for a review of a part 5 reviewable decision, made under former section 109 by the affected person for the decision, had not been decided or withdrawn; or
- (b) an appeal against a decision of the tribunal relating to a part 5 reviewable decision, started under the QCAT Act by the affected person for the decision or the chief executive, had not been decided or withdrawn.
- (a) the application or appeal; and
- (b) any proceeding that relates to the application or appeal.