21Determination of appeal—the Act, s 54(2)

21 Determination of appeal—the Act, s 54(2)

21 Determination of appeal—the Act, s 54(2)

(1) If the appellant has not indicated an intention to make oral submissions in the notice of appeal, the Committee may—

(a) determine the appeal based on the notice of appeal and written submissions from the Corporation or the appellant, or

(b) request further information from the appellant in relation to the appeal and consider information provided in determining the appeal.

(2) If the Committee requests further information from the appellant, the appellant may indicate an intention to make oral submissions in relation to the appeal, either—

(a) in person or by audio visual link, and

(b) with or without a legal representative.

(3) If the appellant indicates an intention to make oral submissions in relation to the appeal, in the notice of appeal or following a request from the Committee for further information, the Committee Secretary is, in consultation with the Chairperson of the Committee, to determine a date and place for the hearing of the appeal.

(4) At the hearing of an appeal, the appellant and the appellant’s legal representative, if any, may—

(a) address the Committee on matters relating to the appeal, and

(b) with the approval of the Committee, produce documents, records or information relating to the appeal.

(5) The parties to an appeal, and their legal representative, may not call a person to give evidence, or to cross examine a person, at the hearing of the appeal.

(6) The Committee may adjourn the hearing of an appeal to a later date if the Committee considers it necessary to enable the Committee to consider oral submissions made or documents, records or information produced, at the hearing.

(7) The Committee Secretary must give the appellant and the Corporation written notice of the Committee’s decision on an appeal as soon as practicable after the decision is made.