26Applications involving federal jurisdiction may be made to District Court

26 Applications involving federal jurisdiction may be made to District Court

26 Applications involving federal jurisdiction may be made to District Court

(1) A person with standing to apply to the President or the Commission for a matter concerning a compensation claim to be determined by the usual decision-maker (a compensation matter application) may, with the leave of the District Court, make the application to the Court instead of the President or Commission.

(2) The regulations may make provision for or with respect to—

(a) who has standing to make an application for leave, and

(b) excluding or including applications as compensation matter applications.

(3) The District Court may grant leave for a compensation matter application to be made to the Court only if it is satisfied that—

(a) an application was first made to the President or Commission, and

(b) the determination of the matter by the usual decision-maker would involve an exercise of federal jurisdiction, and

(c) the usual decision-maker would otherwise have had jurisdiction enabling the decision-maker to determine the application.

(4) An application for leave must be—

(a) filed with the District Court along with—

(i) an application that has been completed in the form and manner required under this Act or enabling legislation for the kind of compensation matter application concerned, and

(ii) if the parties to the compensation matter application have reached a settlement before leave is sought using a resolution process provided under this Act or enabling legislation—a copy of the terms of settlement, and

(b) accompanied by the applicable fee (if any) payable for the compensation matter application unless it has already been paid.

(5) The District Court may—

(a) remit a compensation matter application for determination by the usual decision-maker if the Court is satisfied that the usual decision-maker has jurisdiction to determine it, and

(b) do so instead of granting leave or after granting leave.