Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The tribunal may, on application by a party or on its own initiative, decide an application on the basis of documents, without the parties, their representatives or witnesses appearing at a hearing.
Note 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).
(2) The tribunal may give each party to an application notice to the effect that—
(a) the tribunal proposes to decide the application on the basis of documents, without the parties, their representatives or witnesses appearing at a hearing; and
(b) if the party wishes to make representations about the proposal, the party must make the representations within—
(i) 21 days after the day the notice is given; or
(ii) if the tribunal decides that a shorter period is required in all the circumstances of the application—the shorter period.
Note The rules may prescribe a longer period for making representations (see s 25 (1) (e) and (2)).
(3) The tribunal may decide not to hold a hearing in relation to the application only if the tribunal—
(a) has given notice under subsection (2); and
(b) has taken into consideration any representations made by a party within the 21-day period or shorter period decided by the tribunal under subsection (2) (b); and
(c) is satisfied that—
(i) it is in the public interest not to hold a hearing; and
(ii) the tribunal has sufficient information to make an informed decision on the application.
Note The tribunal must observe natural justice and procedural fairness (see s 7).