125Appeal against decision of Commission as to matter of law

#### 125 Appeal against decision of Commission as to matter of law 125 Appeal against decision of Commission as to matter of law > > (1) This clause applies to a party to an application for an assessment of costs who is dissatisfied with a decision of the Commission (the first instance Commission) as to a matter of law arising in the proceedings to determine the application. > > > (2) A party to whom this clause applies may, in accordance with the Commission rules, appeal to the Commission against the decision (the appellate Commission). > > > (3) The appeal is to be— > > > > > (a) in the form approved by the President, and > > > > > (b) accompanied by the fee approved by the President from time to time. > > > (4) After deciding the question that is the subject of the appeal, the appellate Commission may, unless it affirms the first instance Commission’s decision— > > > > > (a) make a determination in relation to the application that, in its opinion, should have been made by the first instance Commission, or > > > > > (b) remit its decision on the question to the first instance Commission and order the first instance Commission to re-determine the application. > > > (5) On a re-determination of an application, fresh evidence, or evidence in addition to or in substitution for the evidence received at the original proceedings, may be given. > > > (6) In proceedings to determine an application for the assessment of costs under Schedule 6, subclause (2) only applies to a decision of the first instance Commission that is made in, or in connection with, the referral of a dispute to the President under clause 88(3). > > Note— > > Schedule 3, clause 5 of the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018) requires the Commission to be constituted by— > > > (a) when dealing with the assessment of costs under this Regulation—1 non-presidential member of the Workers Compensation Division of the Commission, and > > > (b) when dealing with an appeal against an assessment—1 presidential member of the Workers Compensation Division. > > **pt 17, div 4, sdiv 5 (cll 125, 126):** Subst 2020 (744), Sch 3\[20\].