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Building and Construction Industry Long Service Payments Regulation 2022
21Determination of appeal—the Act, s 54(2)
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#### 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—
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> > > (a) determine the appeal based on the notice of appeal and written submissions from the Corporation or the appellant, or
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> > > (b) request further information from the appellant in relation to the appeal and consider information provided in determining the appeal.
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> > (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—
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> > > (a) in person or by audio visual link, and
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> > > (b) with or without a legal representative.
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> > (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.
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> > (4) At the hearing of an appeal, the appellant and the appellant’s legal representative, if any, may—
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> > > (a) address the Committee on matters relating to the appeal, and
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> > > (b) with the approval of the Committee, produce documents, records or information relating to the appeal.
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> > (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.
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> > (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.
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> > (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.