ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 2 - Parties and procedure  

SECTION 33   PROCEDURE OF TRIBUNAL  

33(1)  
In a proceeding before the Tribunal:


(a) the procedure of the Tribunal is, subject to this Act and the regulations and to any other enactment, within the discretion of the Tribunal;


(b) the proceeding shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act and of every other relevant enactment and a proper consideration of the matters before the Tribunal permit; and


(c) the Tribunal is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks appropriate.

33(1AA)   Decision-maker must assist Tribunal.  

In a proceeding before the Tribunal for a review of a decision, the person who made the decision must use his or her best endeavours to assist the Tribunal to make its decision in relation to the proceeding.

Parties etc. must assist Tribunal

33(1AB)  


A party to a proceeding before the Tribunal, and any person representing such a party, must use his or her best endeavours to assist the Tribunal to fulfil the objective in section 2A .

33(1A)   Directions hearing.  

The President or an authorised member may hold a directions hearing in relation to a proceeding.

33(2)   Who may give directions.  

For the purposes of subsection (1), directions as to the procedure to be followed at or in connection with the hearing of a proceeding before the Tribunal may be given:


(a) where the hearing of the proceeding has not commenced - by a person holding a directions hearing in relation to the proceeding, by the President, by an authorised member or by an authorised officer; and


(b) where the hearing of the proceeding has commenced - by the member presiding at the hearing or by any other member authorized by the member presiding to give such directions.

33(2A)   Types of directions.  

Without limiting the operation of this section, a direction as to the procedure to be followed at or in connection with the hearing of a proceeding before the Tribunal may:


(a) require any person who is a party to the proceeding to provide further information in relation to the proceeding; or


(b) require the person who made the decision to provide a statement of the grounds on which the application will be resisted at the hearing; or


(c) require any person who is a party to the proceeding to provide a statement of matters or contentions upon which reliance is intended to be placed at the hearing; or


(d) limit the number of witnesses who may be called to give evidence (either generally or on a specified matter); or


(e) require witnesses to give evidence at the same time; or


(f) limit the time for giving evidence or making oral submissions; or


(g) limit the length of written submissions.

33(3)  
(Repealed by No 60 of 2015)

33(4)  
(Repealed by No 60 of 2015)

33(5)  
(Repealed by No 60 of 2015)

33(6)  
(Repealed by No 60 of 2015)

33(7)  
(Repealed by No 60 of 2015)




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