Western Australian Numbered Acts Western Australian Numbered Acts (1) If written reasons
for an arbitrator’s decision under this Act in respect of a dispute are
given to a party to the dispute, the party may, with the leave of the District
Court, appeal to the District Court against the decision.
(2) The District Court
must not grant leave to appeal unless a question of law is involved.
(3) In addition to the
requirement that a question of law is involved, the District Court must not
grant leave to appeal when an amount of compensation is at issue
unless —
(a) the
amount at issue in the appeal is —
(i)
at least $5 000 (or a greater amount, if any,
prescribed by the regulations); and
(ii)
at least 20% of the amount awarded in the decision
appealed against;
or
(b) the
District Court is of the opinion that the matter is of such importance that,
in the public interest, an appeal should lie.
(4) An application for
leave to appeal cannot be made later than 28 days after the day on which
the written reasons for the decision appealed against were given to the party
making the application.
(5) An appeal under
this section is by way of review of the decision appealed against and, except
as provided by this Part, must be conducted in accordance with the rules of
court of the District Court.
(6) Evidence that is
fresh evidence or evidence in addition to or in substitution for the evidence
received in relation to the decision appealed against cannot be given on an
appeal to the District Court except with the leave of the District Court.
(7) On hearing an
appeal made under this section, the District Court may —
(a)
affirm, amend or quash the decision appealed against, or substitute, or make
in addition, any decision that should have been made in the first instance;
and
(b)
subject to the limitations on an award of costs imposed by section 400,
make any further or other decision, as to costs or otherwise, as the District
Court thinks fit.