New South Wales Consolidated Acts
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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 353
Appeal against decision of Commission constituted by presidential member
(1) If a party to any proceedings under the Workers Compensation Acts before
the Commission constituted by a presidential member is aggrieved by a decision
of the presidential member in point of law, the party may appeal to the Court
of Appeal.
(2) The Court of Appeal may, on the hearing of any appeal under
this section, remit the matter to the Commission constituted by a
presidential member for determination by the Commission in accordance with any
decision of the Court and may make such other order in relation to the appeal
as the Court thinks fit.
(3) A decision of the Court of Appeal on an appeal
under this section is binding on the Commission and on all the parties to the
proceedings in respect of which the appeal was made.
(4) The following
appeals under this section may be made only with leave of the Court of
Appeal-- (a) an appeal from an interlocutory decision,
(b) an appeal from a
decision as to costs only,
(c) an appeal where the amount of compensation in
dispute is less than $20,000 (or such other amount as may be prescribed by the
regulations),
(d) an appeal from a decision made with the consent of the
parties.
(5) In this section,
"decision" includes an award, interim award, order, determination, ruling,
opinion and direction.
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