Introduction
What to expect in a typical appeal hearing and what the outcomes may be.
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Content
Members consider the evidence
Every case is different. The Appeal Bench looks at the material in the original case to understand the decision.
The Members may also accept extra evidence or new information. First, they must consider:
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Is the evidence from a reliable source?
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Did the parties make a reasonable effort to find the evidence for the original case?
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Is the evidence strong enough to probably change the decision?
Parties present information to Members
If the Appeal Bench agrees to accept extra evidence, the parties may present this.
The person who applied for the appeal (the appellant) presents the details of their case.
The respondent can reply or respond to the details.
The appellant has the opportunity to reply to what the respondent said or presented.
Members make a decision
For each appeal application, the Appeal Bench must decide 2 issues:
- Should the Commission give permission to appeal the decision?
- Was there an error in the original decision?
Following the hearing, the Full Bench may 'reserve' their decision. This means the Members need more time to look at the evidence and the law. They will deliver the final decision in writing within 8 to 12 weeks of:
- the final hearing day OR
- the date the parties had to file any further submissions or materials.
The final decision could be:
- to refuse permission to appeal
- to confirm, cancel or vary the original decision
- to make a decision on any new material and include that in the appeal decision
- to refer the case to another Member to reconsider the decision.