71Procedure on appeals

### 71 Procedure on appeals > > (1)  *\[Section 71 Subsection (1) substituted by No. 90 of 1994, s. 31 \]*An appeal under [section 70](#GS70@EN) must be made by lodging a notice of appeal with the Registrar within 21 days after the date of service of the notice relating to the decision being appealed against. > > > (2)  *\[Section 71 Subsection (2) amended by No. 113 of 1986, s. 17 \]**\[Section 71 Subsection (2) amended by No. 59 of 1992, s. 48 \]*A notice of appeal for the purposes of [subsection (1)](#GS71@Gs1@EN) shall specify – > > > > > > (a) the award or decision against which the appeal is brought; > > > > > > > (b) the organization, association, or person bringing the appeal; and > > > > > > > (c) the grounds of the appeal. > > > (2A)  [*\[Section 71 Subsection (2A) inserted by No. 104 of 2000, s. 26, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS26@EN) At any time before setting a date for a hearing, or before the date of the hearing, the Full Bench may require the appellant to provide, to the Full Bench and the other parties to the appeal, further and better particulars of the grounds for appeal. > > > (3)  *\[Section 71 Subsection (3) amended by No. 59 of 1992, s. 48 \]*Where a notice of appeal is lodged under [subsection (1)](#GS71@Gs1@EN) , the Registrar shall give to the appellant and such organizations and persons as the President directs notice of the time and place at which the appeal will be held. > > > (4)  *\[Section 71 Subsection (4) substituted by No. 59 of 1992, s. 48 \]*[*\[Section 71 Subsection (4) substituted by No. 25 of 2007, s. 11, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-025#GS11@EN) If a notice of appeal is lodged under [subsection (1)](#GS71@Gs1@EN) , the Full Bench may suspend the operation of the award or decision being appealed against. > > > (4A)  [*\[Section 71 Subsection (4A) inserted by No. 25 of 2007, s. 11, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-025#GS11@EN) A suspension of the operation of an award or decision – > > > > > > (a) may be given on any conditions the Full Bench considers appropriate; and > > > > > > > (b) operates for a period determined by the Full Bench, not extending beyond the determination of the appeal; and > > > > > > > (c) may be amended or revoked by the Full Bench. > > > (5)  *\[Section 71 Subsection (5) amended by No. 59 of 1992, s. 48 \]*Where an appeal is made to a Full Bench, an organization or any person may apply to the Full Bench for leave to appear on the hearing of the appeal. > > > (6)  *\[Section 71 Subsection (6) substituted by No. 59 of 1992, s. 48 \]*A Full Bench may – > > > > > > (a) grant an application under [subsection (5)](#GS71@Gs5@EN) either unconditionally or subject to such conditions as it determines; or > > > > > > > (b) refuse to grant the application. > > > (7)  *\[Section 71 Subsection (7) omitted by No. 59 of 1992, s. 48 \]*.  .  .  .  .  .  .  .   > > > (8)  On the hearing of an appeal, evidence and matters, other than evidence and matters raised in the proceedings in respect of the matter appealed against, shall be admitted only by leave of the Full Bench hearing the appeal. > > > (9)  Subject to [subsection (8)](#GS71@Gs8@EN) , a Full Bench may, in respect of an appeal, determine whether, in respect of any matter in dispute before it, it will hear argument only or hear both evidence and argument. > > > (10)  On the hearing of an appeal, a Full Bench shall act according to equity, good conscience, and the merits of the matter without regard to technicalities or legal forms, and may direct itself by the best evidence it can procure, whether that evidence would be admissible in a court or not. > > > (10A)  [*\[Section 71 Subsection (10A) inserted by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja12@GC2@EN) In respect of a matter in relation to which an appeal has been lodged, the President or presiding member may make or give any procedural order or direction, not involving the decision of the matter, that he or she considers necessary or proper to prevent prejudice to the rights or claims of any party to the matter. > > > (10B)  [*\[Section 71 Subsection (10B) inserted by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja12@GC2@EN) An order or direction under [subsection (10A)](#GS71@Gs10A@EN) may be discharged or varied by a Full Bench. > > > (11)  *\[Section 71 Subsection (11) substituted by No. 71 of 1995, Sched. 1 \]* [Section 8](/view/html/inforce/2026-04-12/act-1995-070#GS8@EN) and [Part 3 of the](/view/html/inforce/2026-04-12/act-1995-070#HP3@EN) [Commissions of Inquiry Act 1995](/view/html/inforce/2026-04-12/act-1995-070) apply to the proceedings in any appeal before a Full Bench as if – > > > > > > (a) the Full Bench were a Commission established under [section 4 of that Act](/view/html/inforce/2026-04-12/act-1995-070#GS4@EN) ; and > > > > > > > (b) the matter the ground of the appeal were the matter into which that Commission had been directed to inquire under that Act. > > > (12)  *\[Section 71 Subsection (12) amended by No. 71 of 1995, Sched. 1 \]*A person who is present at the hearing of an appeal before a Full Bench for the purpose of giving evidence when summoned so to do is entitled to be paid such fees, allowances, and sums by way of reimbursement of expenses as are prescribed in the regulations. > > > (13)  *\[Section 71 Subsection (13) substituted by No. 59 of 1992, s. 48 \]*On the hearing of an appeal, a Full Bench may do one or more of the following: > > > > > > (a) confirm, revoke or vary the award or decision appealed against; > > > > > > > (b) make an award or decision dealing with the subject-matter of the award or decision appealed against; > > > > > > > (c) direct the Commissioner who made the award or the Commissioner or Registrar whose decision is appealed against, or another Commissioner, to take further action to deal with the subject-matter of the award or decision in accordance with the directions of the Full Bench. > > > (14)  *\[Section 71 Subsections (14) - (16B) omitted by No. 59 of 1992, s. 48 \]*.  .  .  .  .  .  .  .   > > > (15)  .  .  .  .  .  .  .  .   > > > (16)  .  .  .  .  .  .  .  .   > > > (16A)  .  .  .  .  .  .  .  .   > > > (16B)  .  .  .  .  .  .  .  .   > > > (17)  A Full Bench shall give its decision in respect of an appeal in writing. > > > (18)  A decision of a Full Bench in respect of an appeal shall contain the reasons for the appeal. > > > (19)  *\[Section 71 Subsection (19) substituted by No. 59 of 1992, s. 48 \]*A Full Bench is to cause a copy of its decision in respect of an appeal to be served on – > > > > > > (a) each of the parties to the appeal; and > > > > > > > (b) in the case of an appeal relating to an award or an interpretation, on any organization which under [section 63](#GS63@EN) [(10)](#GS63@Gs10@EN) was determined by a Commissioner to have an interest in the award or interpretation. > > > (20)  *\[Section 71 Subsection (20) inserted by No. 113 of 1987, s. 17 \]**\[Section 71 Subsection (20) amended by No. 59 of 1992, s. 48 \]*Where the Full Bench gives a direction under [subsection (13)](#GS71@Gs13@EN) [(c)](#GS71@Gs13@Hpc@EN) to recall the certificate of registration of an organization, the Registrar shall, by notice in writing served on the organization to which the direction relates, recall the certificate of registration of the organization by requiring it to be delivered to him by such date as is specified in the notice. > > > (21)  *\[Section 71 Subsection (21) inserted by No. 113 of 1987, s. 17 \]*Where an organization delivers its certificate of registration to the Registrar as required by a notice under [subsection (20)](#GS71@Gs20@EN) , the Registrar shall re-issue the certificate with the necessary amendments and return it to the organization. > > > (22)  *\[Section 71 Subsection (22) inserted by No. 113 of 1987, s. 17 \]**\[Section 71 Subsection (22) amended by No. 59 of 1992, s. 48 \]*An organization which fails to deliver to the Registrar its certificate of registration as required by a notice under [subsection (20)](#GS71@Gs20@EN) is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.