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. > > > (13) Fresh evidence or evidence in addition to or in substitution for the evidence received in relation to the decision appealed against may not be given on an appeal to the Commission except with the leave of the Commission. > > > (14) The Commission must not grant leave unless satisfied the evidence was not available to the party, and could not reasonably have been obtained by the party, before the proceedings or that failure to grant leave would cause substantial injustice in the case. > > > (15) On appeal, the decision may be confirmed or may be revoked and a new decision made in its place. > > > (16) Alternatively, the matter may be remitted back to the non-presidential member, or to another non-presidential member, for determination in accordance with any decision or directions of the Commission, including, in relation to a decision about the degree of permanent impairment resulting from an injury, a direction to refer the matter for assessment by a medical assessor under the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), Chapter 7, Part 7. > > > (17) The [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016), Schedule 2, clause 2 applies to and in relation to the provision of legal services in connection with an appeal to the Commission under this section in the same way as it applies to and in relation to the provision of legal services in connection with a claim or defence of a claim for damages referred to in that clause. > > > > Note— > > > > The [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016), Schedule 2, clause 2 prohibits a law practice from providing legal services in connection with a claim or defence unless a legal practitioner associate responsible for the provision of the services believes, on the basis of provable facts and a reasonably arguable view of the law, that the claim or defence has reasonable prospects of success. > > > (18) In this section— > > > > decision includes an award, interim award, order, determination, ruling and direction. > > **s 199I:** Ins 2011 No 73, Sch 1 \[1\]. Subst 2024 No 60, Sch 1\[2\].