14BPending non-court pre-establishment proceedings

#### 14B Pending non-court pre-establishment proceedings 14B Pending non-court pre-establishment proceedings > > (1) This clause applies in relation to pre-establishment proceedings if they are pending proceedings before an original decision-maker other than a court. > > > (2) Unheard proceedings are taken on and from the establishment day— > > > > > (a) to have been commenced for determination by the new decision-maker, and > > > > > (b) may be determined by the new decision-maker instead of the original decision-maker. > > > (3) For part heard proceedings, the person or persons who started hearing or considering the proceedings— > > > > > (a) is or are to continue, on and from the establishment day, to hear or consider the proceedings, and to determine the proceedings, in the capacity of the new decision-maker, and > > > > > (b) is or are taken for the purposes of completing the proceedings to have been duly appointed as the new decision-maker, or as a member of the Commission if it is the new decision-maker, even if they have not been appointed by or under another provision of this Act, and > > > > > (c) may have regard to any record of the proceedings before the original decision-maker, including a record of any evidence taken in the proceedings before the original decision-maker. > > > (4) The following provisions apply to the completion of proceedings under this clause— > > > > > (a) the person or persons completing the proceedings has and may exercise all the functions that the original decision-maker had immediately before the establishment day, > > > > > (b) for pre-establishment referral proceedings— > > > > > > > (i) the person or persons completing the referral proceedings may refer the matter for determination by the new decision-maker for the referred matter instead of the original decision-maker for the referred matter, and > > > > > > > (ii) the new decision-maker to which the matter is referred has and may exercise all the functions that the original decision-maker for the referred matter had to determine the matter immediately before the establishment day, > > > > > (c) the provisions of any Act, statutory rule or other law that would have applied to or in respect of the determination of the proceedings had this Act not been enacted continue to apply, > > > > > (d) despite paragraph (c), Division 3.2 of this Act applies to the proceedings, including section 30, but only if— > > > > > > > (i) the proceedings concern a compensation claim within the meaning of Division 3.2, and > > > > > > > (ii) a person with standing to whom section 26(1) applies makes an application to the District Court in accordance with that section. > > > (5) To avoid doubt, if the District Court remits a matter to which subclause (4)(d) applies to the new decision-maker under section 26, the modifications made by this clause to proceedings, other than subclause (4)(d), continue to apply to the determination of the proceedings.