Administrative Appeals Tribunal Act 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 3 - Alternative dispute resolution processes  

SECTION 34D   AGREEMENT ABOUT THE TERMS OF A DECISION ETC.  

34D(1)    
If:

(a)    

in the course of an alternative dispute resolution process under this Division, agreement is reached between the parties (including the agency party to a proceeding in the Social Services and Child Support Division who did not participate in the alternative dispute resolution process) or their representatives as to the terms of a decision of the Tribunal:

(i) in the proceeding; or

(ii) in relation to the part of the proceeding; or

(iii) in relation to the matter arising out of the proceeding;

that would be acceptable to the parties; and

(b)    the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Tribunal; and

(c)    7 days pass after lodgment, and none of the parties has notified the Tribunal in writing that he or she wishes to withdraw from the agreement; and

(d)    the Tribunal is satisfied that a decision in the terms of the agreement or consistent with those terms would be within the powers of the Tribunal;

the Tribunal may, if it appears to it to be appropriate to do so, act in accordance with whichever of subsection (2) or (3) is relevant in the particular case.

34D(2)    
If the agreement reached is an agreement as to the terms of a decision of the Tribunal in the proceeding, the Tribunal may, without holding a hearing of the proceeding, make a decision in accordance with those terms.

34D(3)    
If the agreement relates to:

(a)    a part of the proceeding; or

(b)    a matter arising out of the proceeding;

the Tribunal may, in its decision in the proceeding, give effect to the terms of the agreement without dealing at the hearing of the proceeding with the part of the proceeding or the matter arising out of the proceeding, as the case may be, to which the agreement relates.

Variation or revocation of decision

34D(4)    

The Tribunal may vary or revoke so much of a decision as it made in accordance with subsection (2) or (3) if:

(a)    the parties, or their representatives, reach agreement on the variation or revocation; and

(b)    the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Tribunal; and

(c)    the variation or revocation appears appropriate to the Tribunal; and

(d)    in the case of a variation - the Tribunal is satisfied that it would have been within the powers of the Tribunal to have made the decision as varied.