PART IV
-
REVIEWS BY THE TRIBUNAL OF DECISIONS
Division 3
-
Alternative dispute resolution processes
History
Div 3 heading inserted by No 38 of 2005. No 38 of 2005, Sch 1
[
117], provides:
Transitional
-
Division 3 of Part IV of the
Administrative Appeals Tribunal Act 1975
117(1)
This item applies to a conference or mediation if:
(a)
the conference or mediation had begun, before the commencement of this item, under section 34 or 34A of the
Administrative Appeals Tribunal Act 1975
; and
(b)
the conference or mediation had not been completed before the commencement of this item.
117(2)
The
Administrative Appeals Tribunal Act 1975
has effect, after the commencement of this item, as if:
(a)
the conference or mediation were a conference or mediation under Division 3 of Part IV of that Act; and
(b)
in the case of a conference
-
the person presiding at the conference had been directed under subsection 34C(1) of that Act to conduct the conference; and
(c)
in the case of a mediation
-
the mediator had been directed under subsection 34C(1) of that Act to conduct the mediation;
and the conference or mediation is to be continued accordingly.
For further transitional provisions see note under s
2A
.
SECTION 34A
REFERRAL FOR ALTERNATIVE DISPUTE RESOLUTION PROCESS
34A(1)
If an application is made to the Tribunal, the President may direct that the proceeding, or any part of it or matter arising out of the proceeding, be referred to an alternative dispute resolution process.
34A(1A)
However, in relation to a proceeding in the Social Services and Child Support Division:
(a)
the President must not give a direction under subsection
(1)
unless the alternative dispute resolution process is conferencing; and
(b)
the agency party to the proceeding is not required to participate in the conferencing.
History
S 34A(1A) inserted by No 3 of 2022, s 3 and Sch 1 item 25, applicable in relation to an application for review made on or after 18 February 2022.
34A(2)
The President may give written directions in relation to persons who are to conduct an alternative dispute resolution process. Any such person must be:
(a)
a member; or
(b)
an officer of the Tribunal; or
(c)
a person engaged under section
34H
.
34A(3)
The parties to a proceeding referred to an alternative dispute resolution process must act in good faith in relation to the conduct of the alternative dispute resolution process.
34A(4)
However, subsection
(3)
does not apply to the agency party to a proceeding in the Social Services and Child Support Division if:
(a)
the President gives a direction under subsection
(1)
that the proceeding, or any part of it or matter arising out of the proceeding, be referred to conferencing; and
(b)
the agency party is not participating in the conferencing.
History
S 34A(4) inserted by No 3 of 2022, s 3 and Sch 1 item 26, applicable in relation to an application for review made on or after 18 February 2022.
History
S 34A substituted by No 60 of 2015, s 3 and Sch 1 item 61, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 34A formerly read:
SECTION 34A REFERRAL OF PROCEEDING FOR ALTERNATIVE DISPUTE RESOLUTION PROCESS
34A(1)
If an application is made to the Tribunal for review of a decision, the President may:
(a)
direct the holding of a conference of the parties or their representatives in relation to the proceeding, or any part of the proceeding or any matter arising out of the proceeding; or
(b)
direct that the proceeding, or any part of the proceeding or any matter arising out of the proceeding, be referred for a particular alternative dispute resolution process (other than conferencing).
History
S 34A(1) substituted by No 38 of 2005. No 38 of 2005, Sch 1
[
113], provides:
Transitional
-
paragraph 34A(1)(a) of the
Administrative Appeals Tribunal Act 1975
113(1)
This item applies to a direction if:
(a)
the direction was given under subsection 34(1) of the
Administrative Appeals Tribunal Act 1975
; and
(b)
the direction was in force immediately before the commencement of this item.
113(2)
The direction, except to the extent to which it identifies the person who is to preside over a conference, has effect, after the commencement of this item, as if it had been given under paragraph 34A(1)(a) of the
Administrative Appeals Tribunal Act 1975
as amended by this Schedule.
No 38 of 2005, Sch 1
[
114], provides:
Transitional
-
paragraph 34A(1)(b) of the
Administrative Appeals Tribunal Act 1975
114(1)
This item applies to a direction if:
(a)
the direction was given under subsection 34A(1) of the
Administrative Appeals Tribunal Act 1975
; and
(b)
the direction was in force immediately before the commencement of this item.
114(2)
The direction, except to the extent to which it identifies the person who is to be the mediator, has effect, after the commencement of this item, as if it had been given under paragraph 34A(1)(b) of the
Administrative Appeals Tribunal Act 1975
as amended by this Schedule.
For further transitional provisions see note under s
2A
.
34A(2)
The President may also direct the holding of conferences of the parties or their representatives in the case of applications made to the Tribunal for review of decisions of a kind specified in the direction.
History
S 34A(2) substituted by No 38 of 2005. No 38 of 2005, Sch 1
[
116], provides:
Transitional
-
subsection 34A(2) of the
Administrative Appeals Tribunal Act 1975
116(1)
This item applies to a direction if:
(a)
the direction was given under subsection 34(2) of the
Administrative Appeals Tribunal Act 1975
; and
(b)
the direction was in force immediately before the commencement of this item.
116(2)
The direction has effect, after the commencement of this item, as if it had been given under subsection 34A(2) of the
Administrative Appeals Tribunal Act 1975
as amended by this Schedule.
For further transitional provisions see note under s
2A
.
34A(3)
The President may also direct that proceedings be referred for a particular alternative dispute resolution process (other than conferencing) in the case of applications made to the Tribunal for review of decisions of a kind specified in the direction.
History
S 34A(3) substituted by No 38 of 2005. For transitional provisions see note under s
2A
.
34A(4)
A direction may be given under a particular paragraph of subsection (1):
(a)
whether or not a direction has previously been given under the same or the other paragraph of that subsection in relation to the proceeding; and
(b)
whether or not a direction under subsection (2) or (3) has applied.
History
S 34A(4) substituted by No 38 of 2005. For transitional provisions see note under s
2A
.
34A(5)
If a direction under this section is applicable to:
(a)
a proceeding; or
(b)
a part of a proceeding; or
(c)
a matter arising out of a proceeding;
each party must act in good faith in relation to the conduct of the alternative dispute resolution process concerned.
History
S 34A(5) substituted by No 38 of 2005. For transitional provisions see note under s
2A
.
34A(6)
-
(8)
(Repealed by No 38 of 2005)
History
S 34A(6)
-
(8) repealed by No 38 of 2005. For transitional provisions see note under s
34
. For further transitional provisions see note under s
2A
.
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