PART IV
-
REVIEWS BY THE TRIBUNAL OF DECISIONS
Division 4
-
Hearings and evidence
History
Div 4 heading inserted by No 38 of 2005. For transitional provisions see note under s
2A
.
SECTION 37
LODGING OF MATERIAL DOCUMENTS WITH TRIBUNAL
37(1AAA)
Scope.
This section does not apply to a proceeding in the Security Division to which section
39A
or
39BA
applies.
History
S 37(1AAA) amended by No 33 of 2023, s 3 and Sch 1 item 44(c), by substituting
"
section 39A or 39BA
"
for
"
section 39A
"
, effective 1 July 2023.
S 37(1AAA) amended by No 60 of 2015, s 3 and Sch 1 item 73, by substituting
"
Security Division
"
for
"
Security Appeals Division
"
, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
S 37(1AAA) inserted by No 175 of 1995.
Decision-maker must lodge material documents
37(1)
Subject to this section, a person who has made a decision that is the subject of an application for review (other than second review) by the Tribunal must, within 28 days after receiving notice of the application (or within such further period as the Tribunal allows), lodge with the Tribunal a copy of:
(a)
a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and
(b)
subject to any directions given under section
18B
, every other document that is in the person
'
s possession or under the person
'
s control and is relevant to the review of the decision by the Tribunal.
History
S 37(1) substituted by No 60 of 2015, s 3 and Sch 1 item 74, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 37(1) formerly read:
37(1)
Decision-maker must lodge statement of reasons and relevant documents.
Subject to this section, a person who has made a decision that is the subject of an application for review by the Tribunal must, within 28 days after receiving notice of the application (or within such further period as the Tribunal allows), lodge with the Tribunal 2 copies of:
(a)
a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and
(b)
every other document or part of a document that is in the person
'
s possession or under the person
'
s control and is relevant to the review of the decision by the Tribunal.
S 37(1) amended by No 38 of 2005. No 38 of 2005, Sch 1
[
125], provides:
Transitional
-
paragraph 37(1)(b) of the
Administrative Appeals Tribunal Act 1975
The amendment made by item 124 does not apply to a proceeding by way of an application to the Tribunal for review of a decision made by a person if, before the commencement of this item, the person had complied with paragraph 37(1)(b) of the
Administrative Appeals Tribunal Act 1975
in relation to the proceeding.
For further transitional provisions see note under s
2A
.
S 37(1) substituted by No 58 of 1977; amended by No 143 of 1979; substituted by No 175 of 1995.
37(1AAB)
Subject to this section, if the Tribunal has made a decision that is the subject of an application for second review:
(a)
the person who made the decision that was reviewed by the Tribunal; or
(b)
for an application referred to in paragraph
96A(a)
or (c) of the
Child Support (Registration and Collection) Act 1988
-
the Registrar within the meaning of that Act;
must, within 28 days after receiving notice of the application (or within such further period as the Tribunal allows), lodge with the Tribunal a copy of any document of a kind referred to in paragraph
(1)(b)
that is required to be lodged by a direction given under section
18B
.
History
S 37(1AAB) inserted by No 60 of 2015, s 3 and Sch 1 item 74, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
37(1AA)
The Tribunal may direct a person who is required to lodge a copy of a statement or document under subsection
(1)
or
(1AAB)
to lodge a specified number of additional copies with the Tribunal, within the specified period. The person must comply with the direction.
History
S 37(1AA) substituted by No 60 of 2015, s 3 and Sch 1 item 74, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 37(1AA) formerly read:
37(1AA)
The Tribunal may direct a person who is required to lodge with the Tribunal 2 copies of a statement or other document or part of a document under subsection (1) to lodge with the Tribunal such number of additional copies, and within such period, as the Tribunal determines and, if the Tribunal gives such a direction, the person must comply with it.
S 37(1AA) inserted by No 175 of 1995.
Document setting out reasons for decision may be lodged instead of statement
37(1AB)
The Tribunal may direct a person who is required to lodge a copy of a statement under paragraph
(1)(a)
to lodge instead of that statement a copy of a document setting out the reasons for the relevant decision, within the specified period. The person must comply with the direction.
History
S 37(1AB) substituted by No 60 of 2015, s 3 and Sch 1 item 74, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 37(1AB) formerly read:
37(1AB)
Document setting out reasons for decision may be lodged instead of statement.
Subject to any other Act, the President may, in relation to a particular decision or class of decisions, direct that the person who is obliged to lodge with the Tribunal the statement referred to in paragraph (1)(a) may, in lieu of lodging the statement, lodge with the Tribunal, within the period applicable under subsection (1), 2 copies of the document setting out the reasons for the decision that is the subject of the application for review.
S 37(1AB) inserted by No 175 of 1995.
37(1AC)
If a person has, in accordance with a direction given under subsection
(1AB)
, lodged with the Tribunal a copy of the document setting out the reasons for a decision, the Tribunal may at any later time direct the person to lodge with the Tribunal, within such period as the Tribunal determines, a statement in accordance with paragraph
(1)(a)
.
History
S 37(1AC) amended by No 60 of 2015, s 3 and Sch 1 item 75, by substituting
"
a copy
"
for
"
2 copies
"
, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
S 37(1AC) inserted by No 175 of 1995.
37(1AD)
If a person who has made a decision that is the subject of an application for a review by the Tribunal has given to a party to the proceeding a statement in relation to the decision under subsection
28(1)
, the reference in paragraph
(1)(a)
to a statement is taken to be a reference to the statement given under subsection
28(1)
.
History
S 37(1AD) inserted by No 175 of 1995.
Statement of reasons and relevant documents to be given to other parties
37(1AE)
A person who is required under subsection
(1)
,
(1AAB)
or
(1AB)
to lodge a copy of a statement or document with the Tribunal within a particular period must, unless the Tribunal directs otherwise, also give a copy of the statement or document to each other party to the proceeding, within the same period.
History
S 37(1AE) substituted by No 60 of 2015, s 3 and Sch 1 item 76, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 37(1AE) formerly read:
37(1AE)
Statement of reasons and relevant documents to be given to other party.
A person who is required under subsection (1) or (1AB) to lodge 2 copies of a statement or other document or part of a document with the Tribunal under this section within a particular period must also give a copy of the statement or other document or part of a document within that period to each other party to the proceeding.
S 37(1AE) inserted by No 175 of 1995.
37(1AF)
When document not required to be lodged.
If:
(a)
a person who has made a decision that is the subject of an application for a review by the Tribunal would, apart from this subsection, be required under paragraph
(1)(b)
or subsection (1AAB) to lodge a copy of a document with the Tribunal in respect of the application; and
(b)
within the period applicable under subsection
(1)
the person:
(i)
applies to the Tribunal for a direction under subsection
35(3)
or
(4)
in relation to the document and lodges with the Tribunal, together with the application for the direction, a copy of the document; and
(ii)
gives a copy of the application for the direction to each party to the application for review;
the person is not required to comply with paragraph
(1)(b)
or subsection
(1AAB)
in relation to the document unless and until the Tribunal, after hearing the application for the direction, directs the person to do so.
History
S 37(1AF) amended by No 60 of 2015, s 3 and Sch 1 items 77
-
79, by substituting
"
or subsection (1AAB) to lodge a copy
"
for
"
to lodge 2 copies of a document or a part
"
in para (a), substituting para (b)(i) and
"
paragraph (1)(b) or subsection (1AAB) in relation to
"
for
"
paragraph (1)(b) in relation to the document or part of
"
, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. Para (b)(i) formerly read:
(i)
applies to the Tribunal for a direction under subsection
35(2)
in relation to the document or part of the document and lodges with the Tribunal, together with the application for the direction, 2 copies of the document or part of the document; and
S 37(1AF) amended by No 38 of 2005. For transitional provisions see note under s
2A
.
S 37(1AF) inserted by No 175 of 1995.
37(1AG)
Subsection
(1AF)
does not affect the obligation of a person referred to in that subsection to comply with paragraph
(1)(b)
or subsection
(1AAB)
in relation to a document to which that subsection does not apply.
History
S 37(1AG) amended by No 60 of 2015, s 3 and Sch 1 item 80, by substituting
"
or subsection (1AAB) in relation to
"
for
"
in relation to any document or part of
"
, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
S 37(1AG) inserted by No 175 of 1995.
37(1A)
Tribunal may shorten deadline for lodging documents.
If it appears to the Tribunal that a party to a proceeding before the Tribunal for a review of a decision would or might suffer hardship if the period prescribed by subsection
(1)
or
(1AAB)
for lodging with the Tribunal for the purposes of the review the copy of the documents mentioned in that subsection is not shortened, the Tribunal may, upon request being made by that party, make an order directing that the copy be lodged with the Tribunal within such period (being a period of less than 28 days) after the person who made the decision receives or received notice of the application as is specified in the order.
History
S 37(1A) amended by No 60 of 2015, s 3 and Sch 1 items 81
-
84, by inserting
"
or (1AAB)
"
, substituting
"
the copy
"
for
"
the copies
"
, omitting
"
, as prescribed,
"
after
"
request being made
"
and substituting
"
the copy
"
for
"
those copies
"
, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
S 37(1A) inserted by No 143 of 1979.
37(1B)
What happens if application lodged out of time.
Where an application that has been lodged with the Tribunal for a review of a decision was not lodged within the time within which it was required by section
29
to be lodged, the reference in subsection
(1)
or
(1AAB)
to the period of 28 days after the person who made the decision receives notice of the application for a review shall be read as a reference to the period of 28 days after the day on which that person so receives notice or the day on which the Tribunal makes a determination extending the time for the making of the application for a review, whichever is the later.
History
S 37(1B) amended by No 60 of 2015, s 3 and Sch 1 item 85, by inserting
"
or (1AAB)
"
, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
S 37(1B) inserted by No 26 of 1982.
37(1C)
The Tribunal may, upon request being made by a party to a proceeding before the Tribunal for a review of a decision, direct, by order, that subsection
(1B)
shall have effect in relation to an application for a review of the decision as if the last reference in that subsection to a period of 28 days were a reference to such shorter period as is specified in the order.
History
S 37(1C) amended by No 60 of 2015, s 3 and Sch 1 item 86, by omitting
"
, as prescribed,
"
after
"
request being made
"
, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
S 37(1C) inserted by No 26 of 1982.
37(1D)
Subsection
(1B)
does not apply in relation to an application for a review of a decision if the decision is the subject of another application to which subsection
(1B)
does not apply.
History
S 37(1D) inserted by No 26 of 1982.
37(2)
Tribunal may require other documents to be lodged.
Where the Tribunal is of the opinion that particular other documents or that other documents included in a particular class of documents may be relevant to the review of the decision by the Tribunal, the Tribunal may cause to be given to the person a notice in writing stating that the Tribunal is of that opinion and requiring the person to lodge with the Tribunal, within a time specified in the notice, the specified number of copies of each of those other documents that is in his or her possession or under his or her control, and a person to whom such a notice is given shall comply with the notice.
History
S 37(2) amended by No 38 of 2005. No 38 of 2005, Sch 1
[
129], provides:
Application
-
subsection 37(2) of the
Administrative Appeals Tribunal Act 1975
The amendment made by item 128 does not apply to a notice under subsection 37(2) of the
Administrative Appeals Tribunal Act 1975
if the notice was served before the commencement of this item.
For further transitional provisions see note under s
2A
.
S 37(2) substituted by No 58 of 1977; amended by No 175 of 1995.
37(3)
Privilege and public interest.
This section has effect notwithstanding any rule of law relating to privilege or the public interest in relation to the production of documents.
History
S 37(3) substituted by No 58 of 1977.
37(4)
(Repealed by No 38 of 2005)
History
S 37(4) repealed by No 38 of 2005. For transitional provisions see note under s
2A
.
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