Administrative Review Tribunal Act 2024

PART 7 - APPEALS AND REFERENCES OF QUESTIONS OF LAW TO FEDERAL COURT  

Division 2 - Appeals on questions of law  

Subdivision B - Jurisdiction and powers of Federal Court  

SECTION 177   COURT MAY MAKE FINDINGS OF FACT  

177(1)    
In hearing the appeal, the Federal Court may make findings of fact if:

(a)    the findings of fact are not inconsistent with findings of fact made by the Tribunal (other than findings made by the Tribunal as the result of an error of law); and

(b)    it appears to the Court that it is convenient to do so.

177(2)    
In deciding whether it is convenient, the Court must have regard to:

(a)    the extent (if any) to which it is necessary to make findings of fact; and

(b)    the means by which those facts might be established; and

(c)    the quick and efficient resolution of the whole of the matter; and

(d)    the relative expense and delay (if any) to the parties if the Court, rather than the Tribunal, makes the findings of fact; and

(e)    whether any of the parties considers that it is appropriate for the Court, rather than the Tribunal, to make the findings of fact; and

(f)    any other matters that the Court considers relevant.

177(3)    
For the purposes of this section, the Court may:

(a)    have regard to the evidence given in the proceeding in the Tribunal; and

(b)    receive further evidence.