Powers of appeal court on appeal
36B Powers of appeal court on appeal
In deciding an appeal against a reviewed decision, the appeal court—
has the same powers as the person who made the original decision; and
is not bound by the rules of evidence; and
must comply with natural justice; and
may hear the appeal in court or in chambers.
An appeal is by way of rehearing.
The appeal court may—
confirm the reviewed decision; or
set aside the reviewed decision and substitute another decision that it considers appropriate; or
set aside the reviewed decision and return the issue to the person who made the original decision with the directions that it considers appropriate.
This Act’s bill:Explanatory memorandum
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