QLDIn ForceAct
Planning Act 2016
sec.243Chief executive excusing noncompliance
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### sec.243 Chief executive excusing noncompliance
This section applies if—
the registrar receives a document purporting to start tribunal proceedings, accompanied by the required fee; and
the document does not comply with any requirement under this Act for validly starting the proceedings.
The chief executive must consider the document and decide whether or not it is reasonable in the circumstances to excuse the noncompliance (because it would not cause substantial injustice in the proceedings, for example).
If the chief executive decides not to excuse the noncompliance, the chief executive must give a notice stating that the document is of no effect, because of the noncompliance, to the person who filed the document.
The chief executive must give the notice within 10 business days after the document is given to the chief executive.
If the chief executive does excuse the noncompliance, the chief executive may act under section 242 as if the noncompliance had not happened.
(sec.243-ssec.1) This section applies if— the registrar receives a document purporting to start tribunal proceedings, accompanied by the required fee; and the document does not comply with any requirement under this Act for validly starting the proceedings.
(sec.243-ssec.2) The chief executive must consider the document and decide whether or not it is reasonable in the circumstances to excuse the noncompliance (because it would not cause substantial injustice in the proceedings, for example).
(sec.243-ssec.3) If the chief executive decides not to excuse the noncompliance, the chief executive must give a notice stating that the document is of no effect, because of the noncompliance, to the person who filed the document.
(sec.243-ssec.4) The chief executive must give the notice within 10 business days after the document is given to the chief executive.
(sec.243-ssec.5) If the chief executive does excuse the noncompliance, the chief executive may act under section 242 as if the noncompliance had not happened.
- (a) the registrar receives a document purporting to start tribunal proceedings, accompanied by the required fee; and
- (b) the document does not comply with any requirement under this Act for validly starting the proceedings.