Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 8 - Decision  

Subdivision C - Decision on review of reviewable decision  

SECTION 106   CIRCUMSTANCES IN WHICH TRIBUNAL MAY REACH DECISION WITHOUT HEARING - REVIEW OF DECISIONS ONLY  
Tribunal may make decision without hearing in certain circumstances

106(1)    
The Tribunal may make its decision in the proceeding in relation to the application after considering the documents and things given to the Tribunal and without holding the hearing of the proceeding if any of subsections (2) to (5) applies.

Parties consent

106(2)    
This subsection applies if:

(a)    all of the parties to the proceeding consent to the proceeding being determined without the hearing of the proceeding; and

(b)    it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding.

Where only parties are applicant and non-participating party to the proceeding or hearing

106(3)    
This subsection applies if:

(a)    the only parties to the proceeding are the applicant and a non-participating party to the proceeding or the hearing of the proceeding; and

(b)    either:

(i) the decision is wholly in favour of the applicant; or

(ii) the applicant requests the Tribunal to make its decision without holding the hearing of the proceeding; and

(c)    it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding.

Party fails to comply

106(4)    
This subsection applies if:

(a)    a party to the proceeding fails to comply with this Act or an order of the Tribunal in relation to the proceeding within a reasonable time; and

(b)    it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding.

Party fails to appear

106(5)    
This subsection applies if:

(a)    a party to the proceeding fails to appear at a Tribunal case event that relates to the proceeding; and

(b)    the party is not a non-participating party to the proceeding or Tribunal case event; and

(c)    the Tribunal is satisfied that the party received appropriate notice of the date, time and place of the Tribunal case event; and

(d)    it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding.

Note 1: