Commonwealth Consolidated Acts Commonwealth Consolidated ActsDismissal if parties consent
(1) If each party to the review by the Board of a decision consents, the Principal Member may dismiss the application for review without proceeding to review the decision or, if the Board has started to review the decision, without completing the review.
Dismissal if applicant discontinues or withdraws application
(2) A person who has made an application to the Board for a review of a decision may, in writing, notify the Board that the application is withdrawn or discontinued.
(3) If notification is so given, the Principal Member is taken to have dismissed the application without proceeding to review the decision.
Dismissal if applicant fails to appear
(4) If the applicant for the review of a decision fails to appear in person, or to appear by a representative, at a directions hearing, or an alternative dispute resolution process under Division 4A, held in relation to the application or at the hearing of the review:
(a) the Principal Member may dismiss the application without proceeding to review the decision; and
(b) if he or she does so, he or she must notify each party to the review of the dismissal.
(5) For the purposes of subsection (4):
(a) a person is taken to appear in person or by a representative at an alternative dispute resolution process if the person or representative participates in it by a means allowed under section 145F; and
(b) a person is taken to appear in person or by a representative at a directions hearing, or the hearing of the review, if the person or representative participates in it by a means allowed under subsection 148(8).
(6) The Principal Member must, before exercising a power under subsection (4), be satisfied that appropriate notice was given to the applicant for the review of the time and place of the directions hearing, the alternative dispute resolution process or the hearing of the review.
Dismissal if decision not reviewable
(7) If:
(a) the applicant for the review of a decision is notified in writing by the National Registrar that the decision does not appear to be reviewable by the Board; and
(b) before the end of the period prescribed in a legislative instrument made by the Minister for the purposes of this paragraph, the person is unable to show that the decision is so reviewable;
the Principal Member may dismiss the application without proceeding to review the decision.
Dismissal if applicant fails to proceed or fails to comply with Board's direction
(8) If the applicant for the review of a decision fails within a reasonable time:
(a) to proceed with the application; or
(b) to comply with a direction given to the applicant under this Part in relation to the application;
then:
(c) the Principal Member may dismiss the application without proceeding to review the decision; and
(d) if he or she does so, he or she must notify each party to the review of the dismissal.
Review taken to be concluded
(9) If an application is dismissed under this section, the review to which the application relates, unless the application is reinstated under subsection (10) or (11), is taken to be concluded.
Reinstatement of application
(10) If the Principal Member, under subsection (4), dismisses an application:
(a) the applicant may, within 28 days after receiving notification of the dismissal, apply to the Principal Member for reinstatement of the application; and
(b) if the Principal Member considers it appropriate to do so, he or she may reinstate the application and give such directions as appear to him or her to be appropriate in the circumstances.
(11) If it appears to the Principal Member that an application has been dismissed under this section in error, he or she may, on the application of a party to the review or on his or her own initiative, reinstate the application and give such directions as appear to him or her to be appropriate in the circumstances.