43Appeal from decisions of Secretary

43 Appeal from decisions of Secretary

[Section 43 Substituted by No. 44 of 1993, s. 11 ]

(1)  [Section 43 Subsection (1) amended by No. 33 of 2023, s. 38, Applied:27 Nov 2023] *[Section 43 Subsection (1) amended by No. 16 of 1995, s. 95 ]*An employee who is aggrieved by a determination, order, ruling, direction or decision made or given by the Secretary may appeal to the Tasmanian Civil and Administrative Tribunal which must hear and determine the appeal.

(2)  *[Section 43 Subsection (2) amended by No. 16 of 1995, s. 95 ]**[Section 43 Subsection (2) amended by No. 42 of 1996, s. 3 and Sched. 1 ]*For the purposes of subsection (1) –

(a) the application of the Workers Rehabilitation and Compensation Act 1988 extends to the hearing of the appeal as if the employee were an applicant as defined in that Act; and

(b) [Section 43 Subsection (2) amended by No. 33 of 2023, s. 38, Applied:27 Nov 2023] the appeal is to be instituted by an application in the prescribed form referred to in Part V of that Act and filed with the Tasmanian Civil and Administrative Tribunal.