When is the deadline for appeal to a presidential member of the personal injury commission from a non-presidential member's decision?
The catalogue records a 28 days period from The date the decision appealed against is made. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The date the decision appealed against is made
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
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This route remains in preparation until a pinpoint official source is recorded.
- s 352(4)(b): a longer period may be determined or allowed, whether generally or for the kind of proceedings, in accordance with the Commission rules. Not computed.
- Added on verification: this was missing from the researched catalogue although it is the standard internal appeal in NSW workers compensation practice. Two jurisdictional gates apply before the period matters: s 352(3) bars the appeal unless the amount of compensation at issue is both at least $5,000 (or such other amount as prescribed) and at least 20 per cent of the amount awarded in the decision appealed against; and s 352(3A) requires leave for an appeal against an interlocutory decision. The appeal is limited by s 352(5) to error of fact, law or discretion and is not a review or new hearing. Section text verified verbatim against the current consolidation on legislation.nsw.gov.au.