Australian Capital Territory Numbered Acts

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ADMINISTRATIVE APPEALS TRIBUNAL (NO. 58 OF 1994) - SECT 20

Insertion

20. After section 43 of the Principal Act the following sections are inserted:

“43A. (1) Where an application is made to the Tribunal for the review of a decision, the Tribunal may, at any stage of the proceeding, if satisfied that the application is frivolous or vexatious—

        (a)     dismiss the application; and

        (b)     if the Tribunal considers it appropriate—on the application of a party to the proceeding, direct that the person who made the application shall not, without leave of the Tribunal, make a subsequent application to the Tribunal of any kind specified in the direction.

“(2) A direction given under paragraph (1) (b) has effect despite any other provision of this Act or a provision of any other Act.

“(3) The Tribunal may revoke or vary a direction given under paragraph (1) (b).

“43B. (1) If, at any stage of a proceeding for a review of a decision—

        (a)     agreement is reached between the parties or their representatives as to the terms of a decision of the Tribunal in the proceeding, or in relation to a part of the proceeding or a matter arising out of the proceeding, that would be acceptable to the parties;

        (b)     the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Tribunal; and

        (c)     the Tribunal is satisfied that a decision in those terms or consistent with those terms would be within the powers of the Tribunal;

the Tribunal may, if it appears to it to be appropriate to do so, act in accordance with subsection (2) or (3), as the case requires.

“(2) If the agreement is as to the terms of a decision of the Tribunal in the proceeding, the Tribunal may make a decision in accordance with those terms without holding a hearing of the proceeding or, if a hearing has commenced, without completing the hearing.

“(3) If the agreement relates to a part of the proceeding or a matter arising out of the proceeding, the Tribunal may in its decision in the proceeding give effect to the terms of the agreement without, if it has not already done so, dealing at the hearing of the proceeding with that part of the proceeding or the matter arising out of the proceeding, as the case may be, to which the agreement relates.”.



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