An Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 is prima facie confined to the grounds of appeal permitted by the Registrar under s 327, but may consider other grounds falling within s 327(3) provided it notifies the parties and gives them an opportunity to be heard. The s 328 appeal by way of review is a flexible model that may, depending on the circumstances, involve either a hearing de novo or an appeal by way of rehearing. A court exercising judicial review of an Appeal Panel's decision should not substitute its own clinical judgment for that of the Panel.
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