sec.37Notice

sec.37 Notice

This section applies if a proceeding is started under section 36 for an application or referral. The applicant for the application or referral must, within the period stated in the rules, give a copy of the application or referral to— each party to the proceeding; and each other person to whom notice of the proceeding must be given under an enabling Act or the rules; and any person the tribunal directs to be given notice of the proceeding. See the rules for provisions about how the copy must, or may, be given and provisions about responding to an application. Subsection (2) does not require the applicant to give a copy of the application or referral to another person if— the principal registrar has given or undertaken to give the copy to the person; or under subsection (4) , the tribunal makes an order that the copy is not required to be given to the person; or the rules exempt the applicant from the requirement to give the copy to the person. The tribunal may make an order exempting the applicant from giving a copy of the application or referral to a person if the tribunal is satisfied— the applicant has made all reasonable attempts to give the copy to the person but has been unsuccessful; or the making and deciding of the application or referral without notice to the person will not cause injustice. The tribunal may act under subsection (4) on the application of the applicant or on the tribunal’s own initiative. The tribunal’s power to act under subsection (4) is exercisable only by a legally qualified member or an adjudicator. (sec.37-ssec.1) This section applies if a proceeding is started under section 36 for an application or referral. (sec.37-ssec.2) The applicant for the application or referral must, within the period stated in the rules, give a copy of the application or referral to— each party to the proceeding; and each other person to whom notice of the proceeding must be given under an enabling Act or the rules; and any person the tribunal directs to be given notice of the proceeding. See the rules for provisions about how the copy must, or may, be given and provisions about responding to an application. (sec.37-ssec.3) Subsection (2) does not require the applicant to give a copy of the application or referral to another person if— the principal registrar has given or undertaken to give the copy to the person; or under subsection (4) , the tribunal makes an order that the copy is not required to be given to the person; or the rules exempt the applicant from the requirement to give the copy to the person. (sec.37-ssec.4) The tribunal may make an order exempting the applicant from giving a copy of the application or referral to a person if the tribunal is satisfied— the applicant has made all reasonable attempts to give the copy to the person but has been unsuccessful; or the making and deciding of the application or referral without notice to the person will not cause injustice. (sec.37-ssec.5) The tribunal may act under subsection (4) on the application of the applicant or on the tribunal’s own initiative. (sec.37-ssec.6) The tribunal’s power to act under subsection (4) is exercisable only by a legally qualified member or an adjudicator.