Online Criminal Harms (Reviewing Tribunals) Rules 2024 · As enacted · Part 2 · Exercise of Jurisdiction
6. Inquisitorial function
Feedback & supportWhere a Reviewing Tribunal considers an appeal made to it against an appealable decision, it is the duty of the Reviewing Tribunal —
to investigate the case; and
in relation to the Reviewing Tribunal’s findings from its investigations — to determine the appeal by applying the same principles as would be applied by a civil court, including principles on an application for judicial review.
To avoid doubt, a Reviewing Tribunal is not under any duty to hear, consider or determine any appeal if it determines the appeal to be an appeal to which section 43(2) of the Act applies.
Subregulation 1
Where a Reviewing Tribunal considers an appeal made to it against an appealable decision, it is the duty of the Reviewing Tribunal —
to investigate the case; and
in relation to the Reviewing Tribunal’s findings from its investigations — to determine the appeal by applying the same principles as would be applied by a civil court, including principles on an application for judicial review.
Subregulation 2
To avoid doubt, a Reviewing Tribunal is not under any duty to hear, consider or determine any appeal if it determines the appeal to be an appeal to which section 43(2) of the Act applies.