NSWIn ForceRegulation
Personal Injury Commission Rules 2021
120Application by party for workers compensation question of law referral
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#### 120 Application by party for workers compensation question of law referral
120 Application by party for workers compensation question of law referral
> > (1) A party to Commission proceedings before a non-presidential member may apply for a workers compensation question of law referral by lodging in the Commission an application and serving it on the Authority and the other parties.
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> > (2) The application must include or attach full details of the question of law and the reasons for seeking the referral, including the reasons why it is alleged that the question involves a novel or complex question of law as referred to in section 351(3) of the 1998 Act.
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> > (3) If a party seeks to oppose the application, the party must, within 14 days of being served with the application, lodge a notice of opposition in the Commission and serve the notice on the Authority and the other parties.
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> > (4) A notice of opposition must include or attach full details of the reasons for opposing the application.
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> > (5) If a party wishes to object to the matter of leave to refer the question of law being decided solely on the basis of the written application and any written notice of opposition lodged, the party must state the objection, including the reasons for the objection in full, in the application or in the notice of opposition lodged by the party.
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> > (6) If the non-presidential member, on the application of a party, seeks leave to refer a question of law under section 351 of the 1998 Act, the member must give to the President—
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> > > (a) the application, and
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> > > (b) any notice of opposition served on the member, and
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> > > (c) a statement of the question of law that the member wishes to be considered by the President.