Commonwealth Consolidated Acts

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ADMINISTRATIVE REVIEW TRIBUNAL ACT 2024 - SECT 83

Tribunal may remove party from proceeding if party fails to appear or does not comply

Tribunal may remove party who fails to appear

  (1)   If:

  (a)   a party to a proceeding in the Tribunal fails to appear at a Tribunal case event that relates to the proceeding; and

  (b)   the Tribunal is satisfied that the party received appropriate notice of the date, time and place of the Tribunal case event;

the Tribunal may order that the party ceases to be a party to the proceeding.

Note 1:   Tribunal case events include hearings, directions hearings and dispute resolution processes (see the definition of Tribunal case event in section   4).

Note 2:   For how to appear at a Tribunal case event, see section   73.

  (2)   However, subsection   (1) does not apply if the party is:

  (a)   the applicant; or

  (b)   a non - participating party to the proceeding or Tribunal case event.

Tribunal may remove party who fails to comply with Act or order

  (3)   If a party to a proceeding in the Tribunal fails to comply with this Act or an order of the Tribunal in relation to the proceeding within a reasonable time, the Tribunal may order that the party ceases to be a party to the proceeding.

  (4)   However, subsection   (3) does not apply if the party is the applicant.

Reinstatement

  (5)   If a person ceases to be a party to a proceeding under subsection   (1) or (3), the person is a party to the proceeding again if the Tribunal, on application by the person or on its own initiative, orders that the person is a party to the proceeding.



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