QLDIn ForceAct
Right to Information Act 2009
sec.118Reference of questions of law to Queensland Civil and Administrative Tribunal
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### sec.118 Reference of questions of law to Queensland Civil and Administrative Tribunal
The information commissioner may, at the request of a participant in an external review or on the commissioner’s own initiative, refer a question of law arising on an external review to QCAT.
QCAT must—
exercise its original jurisdiction under the QCAT Act to hear and decide the question of law referred to it under this section; and
be constituted by 1 judicial member.
If a question of law is referred to QCAT under this section, the commissioner must not make a decision on the external review while the reference is pending.
If QCAT decides a question of law referred to it under this section, the commissioner is bound by the decision.
(sec.118-ssec.1) The information commissioner may, at the request of a participant in an external review or on the commissioner’s own initiative, refer a question of law arising on an external review to QCAT.
(sec.118-ssec.2) QCAT must— exercise its original jurisdiction under the QCAT Act to hear and decide the question of law referred to it under this section; and be constituted by 1 judicial member.
(sec.118-ssec.3) If a question of law is referred to QCAT under this section, the commissioner must not make a decision on the external review while the reference is pending.
(sec.118-ssec.4) If QCAT decides a question of law referred to it under this section, the commissioner is bound by the decision.
- (a) exercise its original jurisdiction under the QCAT Act to hear and decide the question of law referred to it under this section; and
- (b) be constituted by 1 judicial member.