Duties Act 2001

This section applies to a proceeding for a review by QCAT of a review decision.

QCAT must—

hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made, unless QCAT considers it necessary in the interests of justice to allow new evidence; and

decide the review of the decision in accordance with the same law that applied to the making of the original decision to which the proceeding for the review relates.

The grounds for the review by QCAT are limited to the grounds of the review by the commissioner, unless QCAT orders otherwise.

If QCAT decides, under the QCAT Act, section 139, that the proceeding should be reopened, the issues in the proceeding that are reheard must be—

heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and

decided in accordance with the same law that applied to the making of the original decision to which the proceeding for the review relates.

In this section—new evidence means evidence that was not before the commissioner when the review decision was made.