Administrative Appeals Tribunal Act 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 4 - Hearings and evidence  

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History

Div 4 heading inserted by No 38 of 2005. For transitional provisions see note under s 2A .

SECTION 34J   CIRCUMSTANCES IN WHICH HEARING MAY BE DISPENSED WITH  

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34J(1)    
If:

(a)    it appears to the Tribunal that the issues for determination on the review of a decision can be adequately determined in the absence of the parties; and

(b)    the parties consent to the review being determined without a hearing;

the Tribunal may review the decision by considering the documents or other material lodged with or provided to the Tribunal and without holding a hearing.

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History

S 34J amended by No 3 of 2022, s 3 and Sch 1 item 15, by inserting " (1) " before " If " , applicable in relation to the following: (a) proceedings that arise in the Tribunal on or after 18 February 2022; (b) proceedings that are pending in the Tribunal immediately before 18 February 2022.

S 34J renumbered from s 34B by No 38 of 2005. For transitional provisions see note under s 2A .

Former s 34B inserted by No 175 of 1995, s 3, Sch 2.

34J(2)    

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For the purposes of subsection (1) , the consent of the agency party to a proceeding in the Social Services and Child Support Division is not required.

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History

S 34J(2) inserted by No 3 of 2022, s 3 and Sch 1 item 16, applicable in relation to the following: (a) proceedings that arise in the Tribunal on or after 18 February 2022; (b) proceedings that are pending in the Tribunal immediately before 18 February 2022.

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