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CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 50
When hearings are required
50 When hearings are required
(1) A hearing is required for proceedings in the Tribunal except-- (a) in
proceedings for the granting of leave for an external or internal appeal, or
(b) in connection with the use of any resolution processes in proceedings, or
(c) if the Tribunal makes an order under this section dispensing with a
hearing, or
(d) in such other circumstances as may be prescribed by the
procedural rules.
(2) The Tribunal may make an order dispensing with a
hearing if it is satisfied that the issues for determination can be adequately
determined in the absence of the parties by considering any written
submissions or any other documents or material lodged with or provided to
the Tribunal.
(3) The Tribunal may not make an order dispensing with a
hearing unless the Tribunal has first-- (a) afforded the parties an
opportunity to make submissions about the proposed order, and
(b) taken any
such submissions into account.
(4) The Tribunal may determine proceedings in
which a hearing is not required based on the written submissions or any other
documents or material that have been lodged with or provided to the Tribunal
in accordance with the requirements of this Act, enabling legislation and the
procedural rules.
(5) This section does not prevent the Tribunal from holding
a hearing even if it is not required.
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