10Deciding an appeal—the Act, s 73

10 Deciding an appeal—the Act, s 73

10 Deciding an appeal—the Act, s 73

(1) For the Act, section 73(2), if the appellant has not indicated an intention to make oral submissions in the notice of appeal, the Committee may decide the appeal on the basis of—

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

(b) if the Committee requests further information from the appellant— information received from the appellant in response to the request.

(2) However, if the Committee requests further information from the appellant, the appellant may indicate an intention to make oral submissions—

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

(b) with or without a legal representative.

(3) If the appellant indicates in the notice of appeal or in response to a request for further information that the appellant intends to make oral submissions, the Committee Secretary must, in consultation with the Chairperson, decide a date and location for the appeal hearing.

(4) At the hearing, 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 Committee’s approval, produce documents, records or information relating to the appeal.

(5) The parties to an appeal are not entitled to call a person to give evidence, or to cross examine a person, at the hearing.

(6) The Committee may adjourn the hearing if the Committee considers an adjournment necessary to enable the Committee to consider—

(a) oral submissions made at the hearing, or

(b) documents, records or information produced at the hearing.

(7) The Committee must give the Corporation written notice of the Committee’s decision when the Committee gives the appellant written notice under the Act, section 75.