PART IV
-
REVIEWS BY THE TRIBUNAL OF DECISIONS
Division 2
-
Parties and procedure
History
Div 2 heading inserted by No 38 of 2005. For transitional provisions see note under s
2A
.
SECTION 33
PROCEDURE OF TRIBUNAL
33(1)
In a proceeding before the Tribunal:
(a)
the procedure of the Tribunal is, subject to this Act and the regulations and to any other enactment, within the discretion of the Tribunal;
(b)
the proceeding shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act and of every other relevant enactment and a proper consideration of the matters before the Tribunal permit; and
(c)
the Tribunal is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks appropriate.
History
S 33(1) amended by No 26 of 1982, s 26.
33(1AA)
Decision-maker must assist Tribunal.
In a proceeding before the Tribunal for a review of a decision, the person who made the decision must use his or her best endeavours to assist the Tribunal to make its decision in relation to the proceeding.
History
S 33(1AA) inserted by No 38 of 2005. For transitional provisions see note under s
2A
.
Parties etc. must assist Tribunal
33(1AB)
A party to a proceeding before the Tribunal, and any person representing such a party, must use his or her best endeavours to assist the Tribunal to fulfil the objective in section
2A
.
History
S 33(1AB) inserted by No 60 of 2015, s 3 and Sch 1 item 55, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
33(1A)
Directions hearing.
The President or an authorised member may hold a directions hearing in relation to a proceeding.
History
S 33(1A) substituted by No 38 of 2005. For transitional provisions see note under s
2A
.
S 33(1A) inserted by No 31 of 1993.
33(2)
Who may give directions.
For the purposes of subsection (1), directions as to the procedure to be followed at or in connection with the hearing of a proceeding before the Tribunal may be given:
(a)
where the hearing of the proceeding has not commenced
-
by a person holding a directions hearing in relation to the proceeding, by the President, by an authorised member or by an authorised officer; and
(b)
where the hearing of the proceeding has commenced
-
by the member presiding at the hearing or by any other member authorized by the member presiding to give such directions.
History
S 33(2) amended by No 60 of 2015, s 3 and Sch 1 item 56, by substituting
"
officer
"
for
"
Conference Registrar
"
in para (a), effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
S 33(2) amended by No 38 of 2005. For transitional provisions see note under s
2A
.
S 33(2) substituted by No 26 of 1982, s 26; amended by No 31 of 1993.
33(2A)
Types of directions.
Without limiting the operation of this section, a direction as to the procedure to be followed at or in connection with the hearing of a proceeding before the Tribunal may:
(a)
require any person who is a party to the proceeding to provide further information in relation to the proceeding; or
(b)
require the person who made the decision to provide a statement of the grounds on which the application will be resisted at the hearing; or
(c)
require any person who is a party to the proceeding to provide a statement of matters or contentions upon which reliance is intended to be placed at the hearing; or
(d)
limit the number of witnesses who may be called to give evidence (either generally or on a specified matter); or
(e)
require witnesses to give evidence at the same time; or
(f)
limit the time for giving evidence or making oral submissions; or
(g)
limit the length of written submissions.
History
S 33(2A) amended by No 60 of 2015, s 3 and Sch 1 item 57, by inserting para (d) to (g), effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
S 33(2A) inserted by No 31 of 1993, s 10.
33(3)
(Repealed by No 60 of 2015)
History
S 33(3) repealed by No 60 of 2015, s 3 and Sch 1 item 58, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 33(3) formerly read:
33(3)
Directions may be varied or revoked.
A direction as to the procedure to be followed at or in connection with the hearing of a proceeding before the Tribunal may be varied or revoked at any time by any member or Conference Registrar empowered in accordance with this section to give such a direction in relation to the proceeding at that time.
S 33(3) amended by No 38 of 2005. For transitional provisions see note under s
2A
.
S 33(3) inserted by No 26 of 1982.
33(4)
(Repealed by No 60 of 2015)
History
S 33(4) repealed by No 60 of 2015, s 3 and Sch 1 item 58, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 33(4) formerly read:
33(4)
Authorised Conference Registrar.
The President may authorise a particular Conference Registrar to be an authorised Conference Registrar for the purposes of paragraph (2)(a).
S 33(4) substituted by No 38 of 2005. No 38 of 2005, Sch 1
[
111] provides:
Transitional
-
subsection 33(4) of the
Administrative Appeals Tribunal Act 1975
111(1)
This item applies to the power to make an authorisation under subsection 33(4) of the
Administrative Appeals Tribunal Act 1975
as amended by this Schedule.
111(2)
For the purposes of section 4 of the
Acts Interpretation Act 1901
, that power is taken to be a power to make an instrument of an administrative character.
For further transitional provisions see note under s
2A
.
S 33(4) inserted by No 26 of 1982.
33(5)
(Repealed by No 60 of 2015)
History
S 33(5) repealed by No 60 of 2015, s 3 and Sch 1 item 58, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 33(5) formerly read:
33(5)
An authorisation under subsection (4) may be:
(a)
general; or
(b)
limited to:
(i)
a particular reviewable decision or particular reviewable decisions; or
(ii)
reviewable decisions included in a particular class or classes of reviewable decisions; or
(iii)
a particular proceeding or particular proceedings; or
(iv)
proceedings included in a particular class or classes of proceedings.
S 33(5) substituted by No 38 of 2005. For transitional provisions see note under s
2A
.
S 33(5) inserted by No 26 of 1982.
33(6)
(Repealed by No 60 of 2015)
History
S 33(6) repealed by No 60 of 2015, s 3 and Sch 1 item 58, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 33(6) formerly read:
33(6)
The President may at any time vary or revoke an authorisation under subsection (4).
S 33(6) inserted by No 38 of 2005. For transitional provisions see note under s
2A
.
33(7)
(Repealed by No 60 of 2015)
History
S 33(7) repealed by No 60 of 2015, s 3 and Sch 1 item 58, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 33(7) formerly read:
33(7)
In this section:
authorised Conference Registrar
means a Conference Registrar authorised under subsection (4).
reviewable decision
means a decision in respect of which an application to the Tribunal for review has been, or may be, made.
S 33(7) inserted by No 38 of 2005. For transitional provisions see note under s
2A
.
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