Administrative Appeals Tribunal Act 1975

Div 3 heading inserted by No 38 of 2005. No 38 of 2005, Sch 1 [ 117], provides:

For further transitional provisions see note under s 2A .

S 34B repealed by No 60 of 2015, s 3 and Sch 1 item 61, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 34B formerly read:

SECTION 34B ALTERNATIVE DISPUTE RESOLUTION PROCESSES - PROCEEDING BEFORE THE SMALL TAXATION CLAIMS TRIBUNAL  
34B(1) Scope.  

This section applies to a proceeding before the Small Taxation Claims Tribunal.

34B(2) Statement about alternative dispute resolution processes to be given to applicant.  

The Registrar, a District Registrar or a Deputy Registrar must give to the applicant:

(a) if the proceeding relates to an application to which subparagraph 24AC(1)(a)(i) or paragraph 24AC(1)(aa) or (b) applies - when the application is made; or

(b) if the proceeding relates to an application to which subparagraph 24AC(1)(a)(ii) applies - when the notification referred to in that subparagraph is given;

a statement setting out the procedures to be followed by the Tribunal and the alternative dispute resolution processes that are available under this Act.

34B(3) Referral of matter for alternative dispute resolution process.  

If the Tribunal considers at any time that it may assist in the resolution of the dispute between the parties if:

(a) the proceeding; or

(b) any part of the proceeding; or

(c) any matter arising out of the proceeding;

were dealt with by an alternative dispute resolution process, the Tribunal must:

(d) direct the holding of a conference of the parties or their representatives in relation to the proceeding, part of the proceeding, or matter, as the case may be; or

(e) direct that the proceeding, part of the proceeding, or matter, as the case may be, be referred for a particular alternative dispute resolution process (other than conferencing).

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History

S 34B(3) inserted by No 38 of 2005. No 38 of 2005, Sch 1 [ 115], provides:

Transitional - paragraph 34B(3)(e) of the Administrative Appeals Tribunal Act 1975  
115(1)
This item applies to a direction if:

(a) the direction was given under subparagraph 34A(1A)(b)(ii) of the Administrative Appeals Tribunal Act 1975 ; and

(b) the direction was in force immediately before the commencement of this item.

115(2)
The direction, except to the extent to which it identifies the person who is to be the mediator, has effect, after the commencement of this item, as if it had been given under paragraph 34B(3)(e) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule.

For further transitional provisions see note under s 2A .

34B(4)
If a direction under this section is applicable to:

(a) a proceeding; or

(b) a part of a proceeding; or

(c) a matter arising out of a proceeding;

each party must act in good faith in relation to the conduct of the alternative dispute resolution process concerned.

S 34B substituted by No 38 of 2005. For transitional provisions see note under s 2A .