Australian Capital Territory Current Acts

ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 - SECT 32

    (1)     This section applies if the tribunal considers that an application, or part of an application is––

        (a)     frivolous or vexatious; or

        (b)     lacking in substance; or

        (c)     otherwise an abuse of process; or

        (d)     made by a person who has been dealt with by a court or tribunal in Australia as frivolous or vexatious.

    (2)     The tribunal may, by order, do 1 or more of the following:

        (a)     refuse to hear the application or part of the application;

        (b)     dismiss the application or part of the application;

        (c)     direct that the person who made the application not make a subsequent application to the tribunal of the kind stated in the direction—

              (i)     within a stated period of time; or

              (ii)     without the leave of the tribunal.

Note     If the application is for review of a decision under the Heritage Act 2004

, the Planning Act 2023

or the Urban Forest Act 2023

, the tribunal may also order the applicant to pay costs (see s 48 (2) (d)).

    (3)     The tribunal may make an order under subsection (2) on its own initiative or on application by a party.

    (4)     The tribunal may vary or revoke a direction given under subsection (2) (c)—

        (a)     on its own initiative; or

        (b)     on application by the person who is the subject of the order.

Note     The tribunal must observe natural justice and procedural fairness (see s 7).