sec.33Tribunal to decide review on evidence before the commissioner

### sec.33 Tribunal to decide review on evidence before the commissioner In a proceeding for a review of a decision of the commissioner by the tribunal, the tribunal must— hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made; and decide the review of the decision in accordance with the same law that applied to the making of the original decision. If the tribunal decides, under the QCAT Act , section 139 , that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and decided in accordance with the same law that applied to the making of the original decision. In this section— original decision means the decision of the commissioner to which the proceeding for the review relates. s 33 amd 2005 No. 14 s 2 sch sub 2009 No. 24 s 622 amd 2010 No. 51 s 24 ; 2012 No. 25 ss 117 , 144 (1) (sec.33-ssec.1) In a proceeding for a review of a decision of the commissioner by the tribunal, the tribunal must— hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made; and decide the review of the decision in accordance with the same law that applied to the making of the original decision. (sec.33-ssec.2) If the tribunal decides, under the QCAT Act , section 139 , that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and decided in accordance with the same law that applied to the making of the original decision. (sec.33-ssec.3) In this section— original decision means the decision of the commissioner to which the proceeding for the review relates. - (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made; and - (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision. - (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and - (b) decided in accordance with the same law that applied to the making of the original decision.