Australian Capital Territory Current Acts

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ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 - SECT 80

Dismissing appeals

    (1)     The president may give an applicant for an appeal written notice that—

        (a)     the subject matter of the appeal is substantively similar to other appeals rejected by the tribunal; and

        (b)     the president proposes to dismiss the appeal; and

        (c)     if the applicant wishes to make representations about the proposal, the applicant must make the representations within 21 days after the day the notice is given.

Note     The rules may prescribe a longer period for making representations (see s 25 (1) (e) and (2)).

    (2)     The president may decide to dismiss the application only if the tribunal—

        (a)     has given notice under subsection (1); and

        (b)     has taken into consideration any representations made by the applicant within the 21-day period; and

        (c)     is satisfied that—

              (i)     it is in the public interest for the tribunal not to consider the appeal; and

              (ii)     the president has sufficient information to make an informed decision to dismiss the application.

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

    (3)     If the tribunal dismisses an application for an appeal under this section, the applicant may appeal the original decision of the tribunal to the Supreme Court under section 86.



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