Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010 (38 of 2010)

Schedule 3   Social Security Appeals Tribunal

Part 1   Main amendments

A New Tax System (Family Assistance) (Administration) Act 1999

2   Before Subdivision C of Division 3 of Part 5

Insert:

Subdivision BC - Pre-hearing conferences

129A Pre-hearing conferences

(1) Before the hearing of a review commences, the Principal Member may convene one or more conferences with the parties to the review if he or she considers that it would assist in the conduct and consideration of the review to do so.

(2) At a conference, the Principal Member may:

(a) fix a day or days for the hearing; and

(b) give directions about the time within which submissions are to be made to the SSAT; and

(c) give directions about the time within which evidence is to be brought before the SSAT; and

(d) give directions about what evidence is to be brought before the SSAT.

(3) Paragraph (2)(d) does not limit the evidence that may be brought before the SSAT.

Restrictions on disclosure of information obtained at a conference

(4) The Principal Member may make an order directing a party to the review who is present at a conference:

(a) not to disclose information obtained by the party at the conference; or

(b) not to disclose information obtained by the party at the conference except in the circumstances, or for the purposes, specified in the order.

(5) A person commits an offence if:

(a) the person is given an order under subsection (4); and

(b) the person contravenes the order.

Penalty for contravention of this subsection: Imprisonment for 2 years.

129B Powers of SSAT if parties reach agreement

(1) If:

(a) at a pre-hearing conference under section 129A with the parties to a review, the parties agree to the terms of a decision of the SSAT:

(i) in the review; or

(ii) in relation to a part of the review, or a matter arising out of the review;

that would be acceptable to the parties; and

(b) before the hearing of the review commences, the terms of the agreement are:

(i) put in writing; and

(ii) signed by or on behalf of the parties; and

(iii) lodged with the SSAT; and

(c) before the hearing of the review commences, the SSAT is satisfied that a decision in those terms, or consistent with those terms, would be within the powers of the SSAT;

the SSAT may act in accordance with whichever of subsection (2) or (3) is relevant.

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

(3) If the agreement relates to a part of the review, or a matter arising out of the review, the SSAT may in its decision in the review give effect to the terms of the agreement without dealing at the hearing of the review with the part or matter to which the agreement relates.