48Assignment to the Court of Appeal

#### 48 Assignment to the Court of Appeal 48 Assignment to the Court of Appeal > > (1) > > > > > (a) In this section— > > > > > > specified tribunal means— > > > > > > > (i) the Land and Environment Court or a Judge of that Court, > > > > > > > (ia) (Repealed) > > > > > > > (ii) the Industrial Relations Commission or a member of the Commission, > > > > > > > (iia) the Dust Diseases Tribunal of New South Wales, > > > > > > > (iii) (Repealed) > > > > > > > (iv) the District Court or a Judge of the District Court (but not a Judicial Registrar of that Court), > > > > > > > (v) (Repealed) > > > > > > > (vi) a judge or member functioning or purporting to function under any Act giving power to a judge or member, whether as judge or member or as a designated person, > > > > > > > (vii) a tribunal or other body (not including the State Parole Authority) that was constituted by one or more judges or members when exercising the functions, or purporting to exercise the functions, to which the proceedings in the Court relate, or > > > > > > > (viii) the Civil and Administrative Tribunal when exercising functions, or purporting to exercise functions, for the purposes of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) (including as applied by the [Public Notaries Act 1997](/view/html/inforce/current/act-1997-098)). > > > > > (b) In paragraph (a) (vi) and (vii), judge or member means a person who is or has been— > > > > > > > (i) a Judge or associate Judge, or > > > > > > > (ii) a judge or member of any body referred to in paragraph (a) (i)–(iv), or > > > > > > > (iii) a Justice of the High Court or a Judge of the Federal Court of Australia or a Supreme Court of another State or Territory. > > > (2) There are assigned to the Court of Appeal proceedings in the Court— > > > > > (a) (Repealed) > > > > > (b) for commanding or otherwise requiring a specified tribunal to perform a public duty, > > > > > (c) for prohibiting or otherwise restraining a specified tribunal from proceeding in any matter before the tribunal, > > > > > (d) for commanding or otherwise requiring the removal into the Court of any matter before a specified tribunal, whether for the purpose of quashing or otherwise, but this paragraph has effect subject to subsection (3), > > > > > (e) for determining, by declaration or otherwise, any matter concerning the powers of a specified tribunal, > > > > > (f) on an appeal from a specified tribunal, > > > > > (g) for otherwise reviewing a decision of a specified tribunal, > > > > > (h) on a case stated by a specified tribunal, > > > > > (ha) for determining any question of law referred to the Court for its opinion under the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002), > > > > > (i) for the punishment of contempt of the Court, but only if the contempt consists of— > > > > > > > (i) contempt in the face of, or in the hearing of, the Court of Appeal, or > > > > > > > (ii) disobedience of a judgment or order of the Court of Appeal, or > > > > > > > (iii) breach of an undertaking given to the Court of Appeal, > > > > > > including proceedings in which the Court of Appeal is constituted by an associate Judge, > > > > > (j) for such matters as are necessary or convenient for the discharge of the functions of the Court of Appeal, and > > > > > (k) for such matters as are prescribed by the rules. > > > (3) Notwithstanding paragraph (d) of subsection (2), the rules may provide for the assignment to the Divisions of the Court of proceedings in the Court for commanding or otherwise requiring the removal into the Court of any matter before a specified tribunal in cases not involving a review of a decision of a specified tribunal. > > > (4) (Repealed) > > **s 48:** Subst 1972 No 41, sec 5 (b). Am 1973 No 19, sec 9 (1); 1975 No 1, sec 4 (a); 1979 No 96, sec 7 (b); 1979 No 205, Sch 2, Part 1; 1980 No 46, sec 3; 1984 No 93, Sch 1, Part 1; 1984 No 153, Sch 16; 1987 No 111, Sch 1; 1989 No 63, sec 36; 1991 No 34, Sch 3; 1996 No 17, Sch 5.16 \[2\]; 1996 No 30, Sch 1.35 \[2\]; 1996 No 111, Sch 1.8 \[4\] \[5\]; 2004 No 94, Sch 2.7; 2005 No 31, Sch 13 \[6\]; 2005 No 98, Sch 3.49 \[1\]; 2008 No 77, Sch 2.7 \[1\] \[2\]; 2010 No 54, Sch 3.17; 2013 No 85, Sch 2.3 \[2\]; 2013 No 95, Sch 2.137 \[1\]–\[4\]; 2015 No 7, Sch 2.41 \[1\]; 2016 No 54, Sch 1.16 \[3\]; 2016 No 48, Sch 2.34 \[2\]; 2020 No 24, Sch 1.13\[1\] \[2\]; 2023 No 41, Sch 2.32\[1\].