On an appeal to the QCAT appellate tribunal on a question of law only, the appellate tribunal must assess the reasonableness of the first instance decision against the facts as found by the first instance tribunal and cannot make findings of fact anew. Where the ground of appeal is Wednesbury unreasonableness, the factual frame of reference is the findings of the tribunal whose decision is under appeal, not those of an earlier decision-maker in the chain. The Court of Appeal may exercise the power under s 153(2)(b) of the QCAT Act to substitute its own decision rather than remit where there has been extraordinary delay in finalising proceedings.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.