Western Australian Current Acts

STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 84

84 .         Tribunal may review its decision if person was absent

        (1)         In this section —

        relevant hearing , in relation to a decision of the Tribunal, 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.

        (2)         A person in respect of whom the Tribunal makes a decision may apply to the Tribunal for a review of the decision if the person did not appear and was not represented at a relevant hearing.

        (3)         The application has to be made within the time limits specified by, and otherwise in accordance with, the rules.

        (4)         The rules may limit the number of applications that can be made under this section in respect of the same matter without the leave of the Tribunal being obtained.

        (5)         If on hearing the application the Tribunal is satisfied that the applicant had a reasonable excuse for not attending or being represented at the relevant hearing, the Tribunal is to review the decision and may revoke or vary it if the Tribunal considers it appropriate to do so.

        (6)         For the hearing of the application the Tribunal is to be constituted under section 11 by the members by whom it was constituted when it made the decision, if that is practicable.

        (7)         A review under this section —

            (a)         is part of the original proceeding and not a new proceeding; and

            (b)         is not a review of a decision for the purposes of section 17.