Pending proceedings and unexercised rights: appeals to NCAT or court
32 Pending proceedings and unexercised rights: appeals to NCAT or court
This clause applies to—
pending proceedings before NCAT on an appeal against a decision of the Review Panel, or before a court on an appeal against (or for the judicial review of) a decision of NCAT determining an appeal under this Act, and
an unexercised right to appeal to NCAT against a decision of the Review Panel, or to appeal to a court against a decision of NCAT determining an appeal under this Act.
On and from the repeal day—
the appeal body in which proceedings are pending may continue to deal with the proceedings until they are concluded, and
a person who has an unexercised appeal right may appeal against the decision to which that right relates to the appeal body to which the decision was originally appealable.
For those purposes—
the appeal body continues to have and may exercise all the functions that the appeal body had in relation to the pending proceedings or appeal immediately before the repeal day, and
the provisions of any Act, statutory rule or other law (including provisions concerning the time within which to appeal) that would have applied to or in respect of the pending proceedings or appeal had the amending Act not been enacted continue to apply.
This Act’s bill:Explanatory memorandumSecond reading speech
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