Administrative Review Tribunal Act 2024
PART 4
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PROCEEDINGS
Division 6
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Tribunal powers
Subdivision B
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Management of proceedings
SECTION 83
TRIBUNAL MAY REMOVE PARTY FROM PROCEEDING IF PARTY FAILS TO APPEAR OR DOES NOT COMPLY
Tribunal may remove party who fails to appear
83(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;
83(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
83(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.
83(4)
However, subsection (3) does not apply if the party is the applicant.
Reinstatement
83(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.
Tribunal may remove party who fails to appear
83(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 .
83(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
83(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.
83(4)
However, subsection (3) does not apply if the party is the applicant.
Reinstatement
83(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.
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