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Military Rehabilitation and Compensation Act 2004
352HNotice of hearing etc.
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352H Notice of hearing etc.
(1) As soon as practicable after receiving the relevant documents relating to a review of an original determination, the Principal Member must cause to be served on each party to the review a notice:
(a) informing the party that the Board is to review the original determination; and
(b) requesting the party to inform the Principal Member, in writing, within a reasonable time specified in the notice, whether:
(i) the party wishes to appear on the hearing of the review; and
(ii) if the party wishes to appear, whether the party intends to appear on the hearing in person, or be represented as mentioned in section 352G.
(2) If either party to a review informs the Principal Member that the party wishes to appear on the hearing of the review, the Principal Member must:
(a) cause a date, time and place to be fixed for the hearing of the review; and
(b) cause notice of the date, time and place so fixed to be served on each party to the review.
(3) The Principal Member may defer fixing a date, time and place for the hearing of a review until the parties to the review have informed the Principal Member that they are ready to proceed at a hearing.
(4) If a party to a review does not inform the Principal Member, within the time specified in the notice served on the party under subsection (1), that the party wishes to appear on the hearing of the review, the review may be heard and determined in the absence of that party.