39Rights of parties to present case—Divisions other than Security Division

39 Rights of parties to present case—Divisions other than Security Division

(1) Subject to sections 35, 36 and 36B, the Tribunal shall ensure that every party to a proceeding before the Tribunal is given a reasonable opportunity to present his or her case and, in particular, to inspect any documents to which the Tribunal proposes to have regard in reaching a decision in the proceeding and to make submissions in relation to those documents. (2) This section does not apply to: (a) a proceeding in the Security Division to which section 39A or 39BA applies; or (b) the agency party to a proceeding in the Social Services and Child Support Division.

Note: Section 39AA deals with the rights of the agency party to a proceeding in the Social Services and Child Support Division.

(3) This section does not limit subsection 25(4A) (Tribunal may determine scope of review).