Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 8 - Decision  

Subdivision A - Withdrawing and dismissing applications  

SECTION 102   REINSTATEMENT OF APPLICATION  
When this section applies

102(1)    
This section applies if the Tribunal dismisses an application.

Note:

An application may be dismissed in specified circumstances (see sections 20 , 84 and 96 to 101 ). In addition, an application is taken to have been dismissed if the applicant withdraws it (see section 95 ).

Tribunal may reinstate on own initiative

102(2)    
If the Tribunal considers that the application was dismissed in error, the Tribunal may on its own initiative reinstate the application and make such orders as appear to the Tribunal to be appropriate in the circumstances.

102(3)    
Despite subsection (2) , the Tribunal must not reinstate an application under subsection (2) if the application was dismissed under section 96 (Tribunal may dismiss application if parties consent).

102(4)    
Despite subsection (2) , if more than 28 days have passed since an application was dismissed, the Tribunal must not reinstate the application under subsection (2) unless the Tribunal is satisfied that special circumstances justify reinstating the application.

Party may apply for reinstatement if application dismissed in error

102(5)    
A party to the proceeding in relation to the application may apply to the Tribunal for reinstatement of the application on the grounds of error within 28 days after the party receives notice that the application is dismissed (or such longer period as the Tribunal, in special circumstances, allows).

102(6)    
If a party applies under subsection (5) and the Tribunal considers that the application was dismissed in error, the Tribunal may reinstate the application and make such orders as appear to the Tribunal to be appropriate in the circumstances.

Parties can apply for reinstatement in other specified circumstances

102(7)    
If the application is dismissed under:

(a)    section 95 (applicant may withdraw application); or

(b)    section 99 (Tribunal may dismiss application if applicant does not appear); or

(c)    section 100 (Tribunal may dismiss application if applicant fails to comply with order etc.);

a party to the proceeding in relation to the application may apply to the Tribunal for reinstatement of the application within 28 days after the party receives notice that the application is dismissed (or such longer period as the Tribunal, in special circumstances, allows).

102(8)    
However, the applicant cannot apply if the application is dismissed under section 95 (applicant may withdraw application).

102(9)    
If a party applies under subsection (7) and the Tribunal considers it appropriate to reinstate the application, the Tribunal may reinstate the application and make such orders as appear to the Tribunal to be appropriate in the circumstances.