Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 6 - Tribunal powers  

Subdivision B - Management of proceedings  

SECTION 84   IF APPLICANT DIES OR IS BANKRUPT, WOUND UP OR IN LIQUIDATION OR ADMINISTRATION  
When this section applies

84(1)    
This section applies in relation to a proceeding in the Tribunal in relation to an application (the substantive application ) for review of a decision if:

(a)    the applicant:

(i) dies; or

(ii) becomes bankrupt; or

(iii) is wound up or otherwise ceases to exist; or

(iv) becomes subject to any form of liquidation or administration (however described); and

(b)    the Tribunal considers that the applicant cannot continue with the substantive application because of the event mentioned in paragraph (a) .

Another person may apply to continue with substantive application

84(2)    
The following persons may apply to the Tribunal to continue with the substantive application:

(a)    a legal personal representative, executor, administrator, liquidator or trustee of the applicant for the substantive application;

(b)    a person whose interests are affected by the decision.

84(3)    
If a person applies to continue with the substantive application, the Tribunal may, on request or on its own initiative, give such orders as appear to the Tribunal to be appropriate in the circumstances.

Tribunal may dismiss substantive application

84(4)    
The Tribunal may dismiss the substantive application if:

(a)    the Tribunal considers that there is no person mentioned in subsection (2) who can continue with the substantive application; or

(b)    no application to continue with the substantive application is made within 3 months after the Tribunal becomes aware of the event mentioned in paragraph (1)(a) .