Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ADMINISTRATIVE REVIEW TRIBUNAL ACT 2024 - SECT 55

Right to present case

General rule

  (1)   The Tribunal must ensure that each party to a proceeding in the Tribunal is given a reasonable opportunity to:

  (a)   present the party's case; and

  (b)   access any information or documents to which the Tribunal proposes to have regard in reaching a decision in the proceeding; and

  (c)   make submissions and adduce evidence.

Exceptions

  (2)   Subsection   (1) does not apply in relation to a non - participating party to the proceeding.

  (2A)   If a party to the proceeding is a non - participating party to a Tribunal case event in relation to the proceeding, subsection   (1) does not apply in relation to that party in relation to that Tribunal case event.

  (3)   Subsection   (1) is subject to:

  (a)   section   69 (hearings to be in public unless practice directions or Tribunal order requires otherwise); and

  (b)   section   70 (Tribunal may restrict publication or disclosure of information); and

  (c)   section   78 (inspection of documents produced under summons); and

  (d)   section   91 (disclosure of information--public interest certificate); and

  (e)   Part   6 (proceedings in Intelligence and Security jurisdictional area).

  (4)   This section does not limit section   53 (Tribunal controls scope of review of decision).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback