ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 4 - Hearings and evidence  

SECTION 37   LODGING OF MATERIAL DOCUMENTS WITH TRIBUNAL  

37(1AAA)   Scope.  

This section does not apply to a proceeding in the Security Division to which section 39A applies.

Decision-maker must lodge material documents

37(1)  


Subject to this section, a person who has made a decision that is the subject of an application for review (other than second review) by the Tribunal must, within 28 days after receiving notice of the application (or within such further period as the Tribunal allows), lodge with the Tribunal a copy of:


(a) a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and


(b) subject to any directions given under section 18B , every other document that is in the person ' s possession or under the person ' s control and is relevant to the review of the decision by the Tribunal.

37(1AAB)  


Subject to this section, if the Tribunal has made a decision that is the subject of an application for second review:


(a) the person who made the decision that was reviewed by the Tribunal; or


(b) for an application referred to in paragraph 96A(a) or (c) of the Child Support (Registration and Collection) Act 1988 - the Registrar within the meaning of that Act;

must, within 28 days after receiving notice of the application (or within such further period as the Tribunal allows), lodge with the Tribunal a copy of any document of a kind referred to in paragraph (1)(b) that is required to be lodged by a direction given under section 18B .

37(1AA)  


The Tribunal may direct a person who is required to lodge a copy of a statement or document under subsection (1) or (1AAB) to lodge a specified number of additional copies with the Tribunal, within the specified period. The person must comply with the direction. Document setting out reasons for decision may be lodged instead of statement

37(1AB)  


The Tribunal may direct a person who is required to lodge a copy of a statement under paragraph (1)(a) to lodge instead of that statement a copy of a document setting out the reasons for the relevant decision, within the specified period. The person must comply with the direction.

37(1AC)  


If a person has, in accordance with a direction given under subsection (1AB), lodged with the Tribunal a copy of the document setting out the reasons for a decision, the Tribunal may at any later time direct the person to lodge with the Tribunal, within such period as the Tribunal determines, a statement in accordance with paragraph (1)(a).

37(1AD)  
If a person who has made a decision that is the subject of an application for a review by the Tribunal has given to a party to the proceeding a statement in relation to the decision under subsection 28(1) , the reference in paragraph (1)(a) to a statement is taken to be a reference to the statement given under subsection 28(1) .

Statement of reasons and relevant documents to be given to other parties

37(1AE)  


A person who is required under subsection (1), (1AAB) or (1AB) to lodge a copy of a statement or document with the Tribunal within a particular period must, unless the Tribunal directs otherwise, also give a copy of the statement or document to each other party to the proceeding, within the same period.

37(1AF)   When document not required to be lodged.  

If:


(a) a person who has made a decision that is the subject of an application for a review by the Tribunal would, apart from this subsection, be required under paragraph (1)(b) or subsection (1AAB) to lodge a copy of a document with the Tribunal in respect of the application; and


(b) within the period applicable under subsection (1) the person:


(i) applies to the Tribunal for a direction under subsection 35(3) or (4) in relation to the document and lodges with the Tribunal, together with the application for the direction, a copy of the document; and

(ii) gives a copy of the application for the direction to each party to the application for review;
the person is not required to comply with paragraph (1)(b) or subsection (1AAB) in relation to the document unless and until the Tribunal, after hearing the application for the direction, directs the person to do so.

37(1AG)  


Subsection (1AF) does not affect the obligation of a person referred to in that subsection to comply with paragraph (1)(b) or subsection (1AAB) in relation to a document to which that subsection does not apply.

37(1A)   Tribunal may shorten deadline for lodging documents.  

If it appears to the Tribunal that a party to a proceeding before the Tribunal for a review of a decision would or might suffer hardship if the period prescribed by subsection (1) or (1AAB) for lodging with the Tribunal for the purposes of the review the copy of the documents mentioned in that subsection is not shortened, the Tribunal may, upon request being made by that party, make an order directing that the copy be lodged with the Tribunal within such period (being a period of less than 28 days) after the person who made the decision receives or received notice of the application as is specified in the order.

37(1B)   What happens if application lodged out of time.  

Where an application that has been lodged with the Tribunal for a review of a decision was not lodged within the time within which it was required by section 29 to be lodged, the reference in subsection (1) or (1AAB) to the period of 28 days after the person who made the decision receives notice of the application for a review shall be read as a reference to the period of 28 days after the day on which that person so receives notice or the day on which the Tribunal makes a determination extending the time for the making of the application for a review, whichever is the later.

37(1C)  


The Tribunal may, upon request being made by a party to a proceeding before the Tribunal for a review of a decision, direct, by order, that subsection (1B) shall have effect in relation to an application for a review of the decision as if the last reference in that subsection to a period of 28 days were a reference to such shorter period as is specified in the order.

37(1D)  
Subsection (1B) does not apply in relation to an application for a review of a decision if the decision is the subject of another application to which subsection (1B) does not apply.

37(2)   Tribunal may require other documents to be lodged.  

Where the Tribunal is of the opinion that particular other documents or that other documents included in a particular class of documents may be relevant to the review of the decision by the Tribunal, the Tribunal may cause to be given to the person a notice in writing stating that the Tribunal is of that opinion and requiring the person to lodge with the Tribunal, within a time specified in the notice, the specified number of copies of each of those other documents that is in his or her possession or under his or her control, and a person to whom such a notice is given shall comply with the notice.

37(3)   Privilege and public interest.  

This section has effect notwithstanding any rule of law relating to privilege or the public interest in relation to the production of documents.

37(4)  
(Repealed by No 38 of 2005)




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