Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) This section applies in relation to a proceeding that has been determined by the Tribunal.
(2) A party to the proceeding, or another person whose interests are affected by the decision made by the Tribunal in the proceeding, may apply to the Tribunal for the decision to be set aside and the proceeding reopened if the party or person:
(a) did not appear and was not represented at a relevant hearing for the decision; and
(b) had a reasonable excuse for not appearing or being represented at the relevant hearing.
(3) A party to the proceeding may apply to the Tribunal for the decision made by the Tribunal in the proceeding to be set aside and the proceeding reopened if the party:
(a) consented to the making of the decision; and
(b) considers that there are grounds for the decision to be set aside by the Tribunal, including that the party's consent to the decision was obtained by reason of fraud, duress, the suppression of evidence or the giving of false evidence.
(4) An application under subsection (2) or (3) must be made within the time specified by, and otherwise in accordance with, the rules.
(5) The rules may limit the number of applications that can be made by the same party or other person under subsection (2) or (3) in respect of the same proceeding without obtaining the leave of the Tribunal.
(6) For the determination of an application under subsection (2), the Tribunal is to be constituted by the same members that constituted the Tribunal when it made the decision in the proceeding, if practicable.
(7) On an application under subsection (2), if the Tribunal is satisfied that the party or other person had a reasonable excuse for not appearing or being represented at the relevant hearing, the Tribunal may set aside the decision and reopen the proceeding.
(8) On an application under subsection (3), if the Tribunal is satisfied that there are grounds on which the Tribunal's decision ought to be set aside, the Tribunal may set aside the decision and reopen the proceeding.
(9) If a proceeding is reopened by the Tribunal under subsection (7) or (8), the Tribunal:
(a) may make any orders or give any directions for the conduct of the proceeding that the Tribunal considers appropriate in the circumstances; and
(b) must decide any issues or questions arising in the proceeding that are required to be decided by the Tribunal again.
(10) The determination of an application under subsection (2) or (3) is part of the original proceeding to which the application relates and not a new proceeding.
(11) In this section:
"relevant hearing", in relation to a decision made by the Tribunal in a proceeding," "means a hearing at which the decision was made or which preceded the making of the decision, but does not include a compulsory conference or mediation.