QLDIn ForceAct
Motor Accident Insurance Act 1994
sec.87SHPowers of court on appeal
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### sec.87SH Powers of court on appeal
When deciding an appeal against an internal review decision, the court—
has the same powers as the commission in making the internal review decision; and
is not bound by the rules of evidence; and
must comply with natural justice.
An appeal is by way of rehearing.
The court may—
confirm the internal review decision; or
substitute another decision for the internal review decision; or
set aside the internal review decision and return the matter to the commission with directions the court considers appropriate.
s 87SH ins 2019 No. 36 s 19
(sec.87SH-ssec.1) When deciding an appeal against an internal review decision, the court— has the same powers as the commission in making the internal review decision; and is not bound by the rules of evidence; and must comply with natural justice.
(sec.87SH-ssec.2) An appeal is by way of rehearing.
(sec.87SH-ssec.3) The court may— confirm the internal review decision; or substitute another decision for the internal review decision; or set aside the internal review decision and return the matter to the commission with directions the court considers appropriate.
- (a) has the same powers as the commission in making the internal review decision; and
- (b) is not bound by the rules of evidence; and
- (c) must comply with natural justice.
- (a) confirm the internal review decision; or
- (b) substitute another decision for the internal review decision; or
- (c) set aside the internal review decision and return the matter to the commission with directions the court considers appropriate.