Western Australian Current Acts Western Australian Current Acts (1) When an
application is accepted by the executive officer the applicant is to give a
copy of the application to —
(a) each
other party; and
(b) any
other person entitled under this Act or the enabling Act to a copy of, or
notice of, the application; and
(c) any
person to whom the applicant is directed by the Tribunal to give a copy of the
application.
(2) Subsection (1)
does not require the applicant to give a copy of the application to a person
mentioned in subsection (1) (a notifiable person ) if —
(a) the
executive officer has given or undertaken to give a copy of the application to
the notifiable person; or
(b)
under subsection (3) the Tribunal dispenses with the requirement to give a
copy of the application to the notifiable person; or
(c) the
rules exempt the person from the requirement to give a copy of the application
to the notifiable person.
(3) The Tribunal may
make an order dispensing with the requirement to give a copy of an application
to a notifiable person specified in the order if satisfied —
(a) that
the applicant has made all reasonable attempts to give a copy of the
application to the notifiable person but has been unsuccessful; or
(b) that
the making and hearing of the application without notice to the notifiable
person would not cause injustice.
(4) The
Tribunal’s power under subsection (3) is exercisable only by a legally
qualified member.
(5) The Tribunal may
make an order under subsection (3) on the application of the applicant or on
its own initiative.
(6) The rules may
provide for the manner in which and time within which subsection (1) is to be
complied with.
(7) To enable
subsection (1) to be complied with where the matter that is the subject of the
application was brought before the Tribunal by a person other than the
applicant, the applicant is to be given a copy of the application in
accordance with the rules.