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 38
POWER OF TRIBUNAL TO OBTAIN ADDITIONAL STATEMENTS
38(1)
The Tribunal may order a person who has lodged a statement with the Tribunal in accordance with paragraph
37(1)(a)
to lodge an additional statement with the Tribunal, within the time specified in the order, containing further and better particulars in relation to any one or more of the following:
(a)
particulars of findings on material questions of fact;
(b)
reference to the evidence or other material on which those findings were based;
(c)
particulars of the reasons for the decision.
38(2)
Subsection
(1)
does not apply to a proceeding in the Security Division to which section
39A
or
39BA
applies.
History
S 38(2) 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.
History
S 38 substituted by No 60 of 2015, s 3 and Sch 1 item 87, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 38 formerly read:
SECTION 38 POWER OF TRIBUNAL TO OBTAIN ADDITIONAL STATEMENTS
38(1)
Where the Tribunal considers that a statement referred to in paragraph 37(1)(a) that is lodged by a person with the Tribunal does not contain adequate particulars of findings on material questions of fact, an adequate reference to the evidence or other material on which those findings were based or adequate particulars of the reasons for a decision, the Tribunal may order that person to lodge with the Tribunal, within a time specified in the order, an additional statement or additional statements containing further and better particulars in relation to matters specified in the order with respect to those findings, that evidence or other material or those reasons.
History
S 38(1) substituted by No 58 of 1997, s 23.
38(2)
This section does not apply to a proceeding in the Security Appeals Division to which section 39A applies.
History
S 38(2) inserted by No 175 of 1995, s 3, Sch 1.