PART IV
-
REVIEWS BY THE TRIBUNAL OF DECISIONS
Division 5
-
Procedural powers of Tribunal
History
Div 5 heading inserted by No 38 of 2005. For transitional provisions see note under s
2A
.
SECTION 42A
DISCONTINUANCE, DISMISSAL, REINSTATEMENT ETC. OF APPLICATION
42A(1)
Dismissal if parties consent.
Where all the parties to an application before the Tribunal for a review of a decision consent, the Tribunal may dismiss the application without proceeding to review the decision or, if the Tribunal has commenced to review the decision, without completing the review.
42A(1AAA)
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.
History
S 42A(1AAA) inserted by No 60 of 2015, s 3 and Sch 1 item 108, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
42A(1A)
Deemed dismissal
-
applicant discontinues or withdraws application.
A person who has made an application to the Tribunal for a review of a decision may, in writing lodged with the Tribunal, at any time notify the Tribunal to the effect that the application is discontinued or withdrawn.
History
S 42A(1A) inserted by No 31 of 1993.
42A(1AA)
If a proceeding is in the Social Services and Child Support Division and is not a child support first review, the person may notify the Tribunal orally of the withdrawal or discontinuance. The person who receives the notification must make a written record of the day of receipt.
History
S 42A(1AA) inserted by No 60 of 2015, s 3 and Sch 1 item 109, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
42A(1B)
If notification is given in accordance with subsection
(1A)
or
(1AA)
, the Tribunal is taken to have dismissed the application without proceeding to review the decision.
History
S 42A(1B) amended by No 60 of 2015, s 3 and Sch 1 item 110, by substituting
"
given in accordance with subsection (1A) or (1AA)
"
for
"
so given
"
, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
S 42A(1B) inserted by No 31 of 1993.
42A(2)
Dismissal if party fails to appear.
If a party to a proceeding before the Tribunal in respect of an application for the review of a decision (not being the person who made the decision) fails either to appear in person or to appear by a representative at a directions hearing, or an alternative dispute resolution process under Division
3
, held in relation to the application, or at the hearing of the proceeding, the Tribunal may
-
(a)
if the person who failed to appear is the applicant
-
dismiss the application without proceeding to review the decision; or
(b)
in any other case
-
direct that the person who failed to appear shall cease to be a party to the proceeding.
History
S 42A(2) amended by No 38 of 2005. For transitional provisions see note under s
2A
.
S 42A(2) inserted by No 58 of 1977; amended by No 31 of 1993.
42A(3)
(Repealed by No 60 of 2015)
History
S 42A(3) repealed by No 60 of 2015, s 3 and Sch 1 item 111, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 42A(3) formerly read:
42A(3)
For the purposes of subsection (2), a person is taken to appear in person or by a representative at a directions hearing or hearing of a proceeding if the person or the person
'
s representative, as the case may be, participates in it by a means allowed under section 35A.
S 42A(3) amended by No 38 of 2005. For transitional provisions see note under s
2A
.
S 42A(3) inserted by No 31 of 1993.
42A(3A)
(Repealed by No 60 of 2015)
History
S 42A(3A) repealed by No 60 of 2015, s 3 and Sch 1 item 111, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 42A(3A) formerly read:
42A(3A)
For the purposes of subsection (2), a person is taken to appear in person or by a representative at an alternative dispute resolution process if the person or the person
'
s representative, as the case may be, participates in it by a means allowed under section
34G
.
S 42A(3A) inserted by No 38 of 2005. For transitional provisions see note under s
2A
.
Dismissal if decision is not reviewable
42A(4)
The Tribunal may dismiss an application without proceeding to review the decision if the Tribunal is satisfied that the decision is not reviewable by the Tribunal.
History
S 42A(4) substituted by No 60 of 2015, s 3 and Sch 1 item 111, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 42A(4) formerly read:
42A(4)
Dismissal if decision not reviewable.
If:
(a)
a person makes an application to the Tribunal for a review of a decision; and
(b)
the person is unable to show, within such time as is prescribed after being notified in writing by the Registrar or a Deputy Registrar that the decision does not appear to be reviewable by the Tribunal, that the decision is so reviewable;
the Tribunal may dismiss the application without proceeding to review the decision.
S 42A(4) inserted by No 31 of 1993.
42A(4A)
For a proceeding in the Social Services and Child Support Division, an authorised officer may dismiss an application without the Tribunal proceeding to review the decision if the officer is satisfied that the decision is not reviewable by the Tribunal.
History
S 42A(4A) inserted by No 3 of 2022, s 3 and Sch 1 item 36, applicable in relation to an application for review made on or after 18 February 2022.
42A(5)
Dismissal if applicant fails to proceed or fails to comply with Tribunal
'
s direction.
If an applicant for a review of a decision fails within a reasonable time:
(a)
to proceed with the application; or
(b)
to comply with a direction by the Tribunal in relation to the application;
the Tribunal may dismiss the application without proceeding to review the decision.
History
S 42A(5) amended by No 38 of 2005. For transitional provisions see note under s
2A
.
S 42A(5) inserted by No 31 of 1993.
42A(6)
(Repealed by No 60 of 2015)
History
S 42A(6) repealed by No 60 of 2015, s 3 and Sch 1 item 112, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 42A(6) formerly read:
42A(6)
Dismissed application taken to be concluded.
If, under this Act, the Tribunal dismisses an application or an application is dismissed on its behalf, the proceeding to which the application relates, unless it is reinstated under subsection (9) or (10), is taken to be concluded.
S 42A(6) inserted by No 31 of 1993.
42A(7)
Dismissal if party fails to appear
-
giving of appropriate notice.
Before exercising its powers under subsection
(2)
, the Tribunal must be satisfied that appropriate notice was given to the person who failed to appear at the time and place of the directions hearing, alternative dispute resolution process or hearing, as the case may be.
History
S 42A(7) amended by No 60 of 2015, s 3 and Sch 1 item 113, by substituting
"
alternative dispute resolution process
"
for
"
conference, mediation
"
, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
S 42A(7) inserted by No 31 of 1993.
Reinstatement of application
42A(8)
If the Tribunal is taken to have dismissed an application under subsection
(1B)
, a party to the proceeding (other than the applicant) may, within the period referred to in subsection
(11)
, apply to the Tribunal for reinstatement of the application.
History
S 42A(8) amended by No 3 of 2022, s 3 and Sch 1 item 37, by substituting
"
subsection (11)
"
for
"
subsection (8B)
"
, applicable in relation to the notification of a dismissal, where the notification is given on or after 18 February 2022 (whether the dismissal was made, or taken to have been made, before, on or after 18 February 2022).
S 42A(8) substituted by No 132 of 2015, s 3 and Sch 1 item 4, effective 14 October 2015. S 42A(8) formerly read:
42A(8)
Reinstatement of application.
If the Tribunal, under subsection (2), has dismissed an application (other than an application in respect of a proceeding in which an order has been made under subsection
41(2)
), a party to the proceeding may, within the period referred to in subsection (8A), apply to the Tribunal for reinstatement of the application.
S 42A(8) amended by No 60 of 2015, s 3 and Sch 1 item 114, by substituting
"
a party to the proceeding may, within the period referred to in subsection (8A)
"
for
"
the person who made the application may, within 28 days after receiving notification that the application has been dismissed
"
, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
S 42A(8) inserted by No 31 of 1993.
42A(8A)
If the Tribunal dismisses an application under subsection
(2)
(other than an application in respect of a proceeding in which an order has been made under subsection
41(2)
), a party to the proceeding may, within the period referred to in subsection
(11)
, apply to the Tribunal for reinstatement of the application.
History
S 42A(8A) amended by No 3 of 2022, s 3 and Sch 1 item 37, by substituting
"
subsection (11)
"
for
"
subsection (8B)
"
, applicable in relation to the notification of a dismissal, where the notification is given on or after 18 February 2022 (whether the dismissal was made, or taken to have been made, before, on or after 18 February 2022).
S 42A(8A) substituted by No 132 of 2015, s 3 and Sch 1 item 4, effective 14 October 2015. S 42A(8A) formerly read:
42A(8A)
For the purposes of subsection (8), the period is:
(a)
28 days after the person receives notification that the application has been dismissed; or
(b)
if the person requests an extension
-
such longer period as the Tribunal, in special circumstances, allows.
S 42A(8A) inserted by No 60 of 2015, s 3 and Sch 1 item 115, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
42A(8B)
(Repealed by No 3 of 2022)
History
S 42A(8B) repealed by No 3 of 2022, s 3 and Sch 1 item 38, applicable in relation to the notification of a dismissal, where the notification is given on or after 18 February 2022 (whether the dismissal was made, or taken to have been made, before, on or after 18 February 2022). S 42A(8B) formerly read:
42A(8B)
For the purposes of subsections (8) and (8A), the period is:
(a)
28 days after the party receives notification that the application has been dismissed; or
(b)
if the party requests an extension
-
such longer period as the Tribunal, in special circumstances, allows.
S 42A(8B) inserted by No 132 of 2015, s 3 and Sch 1 item 4, effective 14 October 2015.
42A(9)
If it considers it appropriate to do so, the Tribunal may reinstate the application and give such directions as appear to it to be appropriate in the circumstances.
History
S 42A(9) inserted by No 31 of 1993.
42A(10)
If it appears to the Tribunal that an application has been dismissed in error, the Tribunal may, on the application of a party to the proceeding made within the period referred to in subsection
(11)
or on its own initiative, reinstate the application and give such directions as appear to it to be appropriate in the circumstances.
History
S 42A(10) amended by No 3 of 2022, s 3 and Sch 1 item 39, by inserting
"
made within the period referred to in subsection (11)
"
, applicable in relation to the notification of a dismissal, where the notification is given on or after 18 February 2022 (whether the dismissal was made, or taken to have been made, before, on or after 18 February 2022).
S 42A(10) inserted by No 31 of 1993.
42A(11)
For the purposes of subsections
(8)
,
(8A)
and
(10)
, the period is:
(a)
28 days after the party receives notification that the application has been dismissed, unless paragraph
(b)
applies; or
(b)
if the party requests an extension
-
such longer period as the Tribunal, in special circumstances, allows.
History
S 42A(11) inserted by No 3 of 2022, s 3 and Sch 1 item 40, applicable in relation to the notification of a dismissal, where the notification is given on or after 18 February 2022 (whether the dismissal was made, or taken to have been made, before, on or after 18 February 2022).
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