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. > > > (6) If the District Court remits a compensation matter application to be dealt with by the usual decision-maker, the Court may make such orders that it considers appropriate to facilitate the determination of the application by the decision-maker. > > > (7) The usual decision-maker is to determine any compensation matter application that is remitted to the decision-maker in accordance with any orders made by the District Court.