Western Australian Current Acts

FREEDOM OF INFORMATION ACT 1992 - SECT 78

78 .         Question of law on complaint, referral of to Supreme Court

        (1)         The Commissioner may refer to the Supreme Court any question of law that arises in the course of dealing with a complaint.

        (2)         A question may be referred under this section on the Commissioner’s own initiative or at the request of a party to the complaint.

        (3)         The Supreme Court has jurisdiction to hear and determine a question of law referred to it under this section and, in exercising that jurisdiction, may —

            (a)         as well as determining that question, determine any related or incidental question of law that it considers to be raised; or

            (b)         instead of determining that question, determine any other question of law that it considers to be more pertinent.

        (4)         If a question of law is referred to the Supreme Court under this section, the Commissioner is not to —

            (a)         give a decision on the complaint to which the question is relevant while the reference is pending; or

            (b)         proceed in a manner, or make a decision, that is inconsistent with the decision of the Supreme Court on the question.

        (5)         A party, other than the Commissioner or a party who has requested the reference, does not have to appear, be represented or make submissions at, or otherwise participate in, the hearing of a reference under this section, and a party who does not participate in a reference is not liable for any costs in relation to the reference.