Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 1   Amendment of the Administrative Appeals Tribunal Act 1975

Administrative Appeals Tribunal Act 1975

116   Section 42B

Repeal the section, substitute:

42B Power of Tribunal if a proceeding is frivolous, vexatious etc.

(1) The Tribunal may dismiss an application for the review of a decision, at any stage of the proceeding, if the Tribunal is satisfied that the application:

(a) is frivolous, vexatious, misconceived or lacking in substance; or

(b) has no reasonable prospect of success; or

(c) is otherwise an abuse of the process of the Tribunal.

(2) If the Tribunal dismisses an application under subsection (1), it may, on application by a party to the proceeding, give a written direction that the person who made the application must not, without leave of the Tribunal, make a subsequent application to the Tribunal of a kind or kinds specified in the direction.

(3) The direction has effect despite any other provision of this Act or any other Act.