Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 5 - Tribunal procedure  

Subdivision A - General principles  

SECTION 55   RIGHT TO PRESENT CASE  
General rule

55(1)    
The Tribunal must ensure that each party to a proceeding in the Tribunal is given a reasonable opportunity to:

(a)    present the party ' s case; and

(b)    access any information or documents to which the Tribunal proposes to have regard in reaching a decision in the proceeding; and

(c)    make submissions and adduce evidence.

Exceptions

55(2)    
Subsection (1) does not apply in relation to a non-participating party to the proceeding.

55(2A)    
If a party to the proceeding is a non-participating party to a Tribunal case event in relation to the proceeding, subsection (1) does not apply in relation to that party in relation to that Tribunal case event.

55(3)    
Subsection (1) is subject to:

(a)    section 69 (hearings to be in public unless practice directions or Tribunal order requires otherwise); and

(b)    section 70 (Tribunal may restrict publication or disclosure of information); and

(c)    section 78 (inspection of documents produced under summons); and

(d)    section 91 (disclosure of information - public interest certificate); and

(e)    Part 6 (proceedings in Intelligence and Security jurisdictional area).

55(4)    
This section does not limit section 53 (Tribunal controls scope of review of decision).