Queensland Civil and Administrative Tribunal Act 2009
sec.153Deciding appeal on question of law only
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sec.153 Deciding appeal on question of law only
This section applies to an appeal before the Court of Appeal against a decision of the tribunal on a question of law only. In deciding the appeal, the Court of Appeal may— confirm or amend the decision; or set aside the decision and substitute its own decision; or set aside the decision and return the matter to the tribunal for reconsideration— with or without the hearing of additional evidence as directed by the court; and with the other directions the court considers appropriate; or make any other order it considers appropriate, whether or not in combination with an order made under paragraph (a) , (b) or (c) . If the Court of Appeal returns the matter to the tribunal for reconsideration, the court must give directions about whether or not the tribunal reconsidering the matter must be constituted by the same persons who constituted the tribunal when the decision was made. (sec.153-ssec.1) This section applies to an appeal before the Court of Appeal against a decision of the tribunal on a question of law only. (sec.153-ssec.2) In deciding the appeal, the Court of Appeal may— confirm or amend the decision; or set aside the decision and substitute its own decision; or set aside the decision and return the matter to the tribunal for reconsideration— with or without the hearing of additional evidence as directed by the court; and with the other directions the court considers appropriate; or make any other order it considers appropriate, whether or not in combination with an order made under paragraph (a) , (b) or (c) . (sec.153-ssec.3) If the Court of Appeal returns the matter to the tribunal for reconsideration, the court must give directions about whether or not the tribunal reconsidering the matter must be constituted by the same persons who constituted the tribunal when the decision was made.
- (a) confirm or amend the decision; or
- (b) set aside the decision and substitute its own decision; or
- (c) set aside the decision and return the matter to the tribunal for reconsideration— (i) with or without the hearing of additional evidence as directed by the court; and (ii) with the other directions the court considers appropriate; or
- (i) with or without the hearing of additional evidence as directed by the court; and
- (ii) with the other directions the court considers appropriate; or
- (d) make any other order it considers appropriate, whether or not in combination with an order made under paragraph (a) , (b) or (c) .
- (i) with or without the hearing of additional evidence as directed by the court; and
- (ii) with the other directions the court considers appropriate; or