Working with Children Check Act 2000
sec.564Existing appeal by chief executive against QCAT decision
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sec.564 Existing appeal by chief executive against QCAT decision
This section applies if— a person is a new disqualified person; and immediately before the commencement, an appeal against a decision of QCAT relating to a chapter 8 reviewable decision about the person started by the chief executive under the QCAT Act had not been decided or withdrawn. The court or tribunal hearing the appeal must apply the amended Act in relation to the subject matter of the appeal. In deciding the appeal, the court or tribunal must consider that, if the person was a disqualified person when the chief executive made the chapter 8 reviewable decision, the person would not have been permitted to apply for a review of the chapter 8 reviewable decision. s 564 ins 2019 No. 18 s 66 (sec.564-ssec.1) This section applies if— a person is a new disqualified person; and immediately before the commencement, an appeal against a decision of QCAT relating to a chapter 8 reviewable decision about the person started by the chief executive under the QCAT Act had not been decided or withdrawn. (sec.564-ssec.2) The court or tribunal hearing the appeal must apply the amended Act in relation to the subject matter of the appeal. (sec.564-ssec.3) In deciding the appeal, the court or tribunal must consider that, if the person was a disqualified person when the chief executive made the chapter 8 reviewable decision, the person would not have been permitted to apply for a review of the chapter 8 reviewable decision.
- (a) a person is a new disqualified person; and
- (b) immediately before the commencement, an appeal against a decision of QCAT relating to a chapter 8 reviewable decision about the person started by the chief executive under the QCAT Act had not been decided or withdrawn.