Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 219H

219H Conduct of proceedings relating to reviewable decisions

(1) A review of a reviewable decision is by way of rehearing on the evidence (
"original evidence" ) given in the proceeding before the original decision-maker (
"original proceeding" ).

(2) However, QCAT may give leave to adduce fresh, additional or substituted evidence (
"new evidence" ) if satisfied—

(a) the person seeking to adduce the new evidence did not know, or could not reasonably be expected to have known, of its existence at the original proceeding; or

(b) in the special circumstances of the case, it would be unfair not to allow the person to adduce the new evidence.

(3) If QCAT gives leave under subsection (2) , the review is—

(a) by way of rehearing on the original evidence; and

(b) on the new evidence adduced.