Australian Capital Territory Current Acts

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ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 - SECT 47A

Procedure in absence of party

    (1)     This section applies if—

        (a)     the tribunal requires a party to appear either personally or by a representative before the tribunal in relation to an application; and

        (b)     the party fails to appear.

    (2)     The tribunal may—

        (a)     if the party is the applicant—dismiss the application; or

        (b)     if the party is the respondent—decide the application; or

        (c)     if the party is not the applicant or respondent—remove the party from the application; or

        (d)     do any of the following:

              (i)     continue with the hearing in the absence of the party either generally or in relation to any relief claimed in the application;

              (ii)     order that the application be set down for hearing at another time;

              (iii)     order that stated steps be taken before the hearing takes place as the tribunal directs;

              (iv)     make any other orders that the tribunal considers appropriate.

Note 1     The procedures of the tribunal must be as simple, quick, inexpensive and informal as is consistent with achieving justice and the tribunal must observe natural justice and procedural fairness (see s 7).

Note 2     If the tribunal makes an order after hearing an application in the absence of a party, the tribunal may, on application by a party, amend or set aside the order (see s 56 (c) (i)).



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