199IAppeal against decision of Personal Injury Commission constituted by non-presidential member

199I Appeal against decision of Personal Injury Commission constituted by non-presidential member

199I Appeal against decision of Personal Injury Commission constituted by non-presidential member

(1) This section applies if the regulations provide for the referral of the determination about disputes of decisions made in relation to the police officer support scheme to the Personal Injury Commission.

(2) A party to a dispute may appeal to the Commission, constituted by a presidential member, against a decision in relation to the dispute by the Commission constituted by a non-presidential member.

(3) An appeal must be made by application to the President.

(4) The appeal must not proceed unless the President is satisfied the procedural requirements of this section and any applicable rules of the Commission (the Commission rules) about the making of an appeal have been complied with.

(5) The President is not required to be satisfied about the substance of the appeal.

(6) There is no appeal under this section against an interlocutory decision except with the leave of the Commission.

(7) The Commission must not grant leave unless, in the Commission’s opinion, determining the appeal is necessary or desirable for the proper and effective determination of the dispute.

(8) The appeal must be made within—

(a) 28 days after the decision appealed against is made, or

(b) a longer period determined or allowed, whether generally or for the kind of proceedings, in accordance with the commission rules.

(9) An appeal under this section is limited to a determination of whether the decision appealed against was or was not affected by an error of fact, law or discretion, and to the correction of the error.

(10) The appeal is not a review or new hearing.

(11) An appeal under this section stays the operation of the decision appealed against pending the determination of the appeal.

(12) However, an appeal does not stay or otherwise affect the operation of a decision about weekly payments and weekly payments remain payable despite any appeal.