Administrative Review Tribunal Act 2024 (40 of 2024)

Part 4   Proceedings

Division 6   Tribunal powers

Subdivision B   Management of proceedings

83   Tribunal may remove party from proceeding if party fails to appear or does not comply

Tribunal may remove party who fails to appear

 

(1) If:

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

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

the Tribunal may order that the party ceases to be a party to the proceeding.

Note 1: Tribunal case events include hearings, directions hearings and dispute resolution processes (see the definition of Tribunal case event in section 4).

Note 2: For how to appear at a Tribunal case event, see section 73.

      

(2) However, subsection (1) does not apply if the party is:

(a) the applicant; or

(b) a non-participating party to the proceeding or Tribunal case event.

Tribunal may remove party who fails to comply with Act or order

      

(3) If a party to a proceeding in the Tribunal fails to comply with this Act or an order of the Tribunal in relation to the proceeding within a reasonable time, the Tribunal may order that the party ceases to be a party to the proceeding.

      

(4) However, subsection (3) does not apply if the party is the applicant.

Reinstatement

      

(5) If a person ceases to be a party to a proceeding under subsection (1) or (3), the person is a party to the proceeding again if the Tribunal, on application by the person or on its own initiative, orders that the person is a party to the proceeding.