Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:3_110f
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 3 cl 110F
Character Range: 265819–266951

110F  Powers of courts

 (1) The court must hear and determine an appeal under this Subdivision and may make such order as it thinks appropriate by reason of its decision.

 (2) Without limiting subsection (1), the orders that may be made by the court on an appeal include:
 (a) an order affirming or setting aside the decision of the SSAT; or
 (b) an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the SSAT in accordance with the directions of the court.

Constitution of SSAT if courts remit cases etc.

 (3) If the court makes an order remitting a case to be heard and decided again by the SSAT:
 (a) the SSAT need not be constituted for the hearing by the person or persons who made the decision to which the appeal relates; and
 (b) whether or not the SSAT is reconstituted for the hearing—the SSAT may, for the purposes of the proceeding, have regard to any record of the proceeding before the SSAT prior to the appeal (including a record of any evidence taken in the proceeding), so long as doing so is not inconsistent with the directions of the court.