A Presidential member conducting an appeal by way of review under s 352 of the WIM Act must decide for himself or herself what is the true and correct decision. The identification of error in the Arbitrator's decision is not a precondition to intervention, though demonstrated error may be relevant. The Presidential member has a wide discretion as to how the review is conducted but must exercise independent judgment on the matters in issue. The expression 'true and correct view' used by Spigelman CJ in Chemler is synonymous with the 'preferable or correct decision' as used in administrative merits review.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
4 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.