Queensland Civil and Administrative Tribunal Act 2009
sec.61Relief from procedural requirements
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sec.61 Relief from procedural requirements
The tribunal may, by order— extend a time limit fixed for the start of a proceeding by this Act or an enabling Act; or extend or shorten a time limit fixed by this Act, an enabling Act or the rules; or waive compliance with another procedural requirement under this Act, an enabling Act or the rules. An extension or waiver may be given under subsection (1) even if the time for complying with the relevant requirement has passed. The tribunal can not extend or shorten a time limit or waive compliance with another procedural requirement if to do so would cause prejudice or detriment, not able to be remedied by an appropriate order for costs or damages, to a party or potential party to a proceeding. The tribunal may act under subsection (1) on the application of a party or potential party to the proceeding or on its own initiative. The tribunal’s power to act under subsection (1) is exercisable only by— the tribunal as constituted for the proceeding; or a legally qualified member, an adjudicator or the principal registrar. s 61 amd 2012 No. 37 s 43 (sec.61-ssec.1) The tribunal may, by order— extend a time limit fixed for the start of a proceeding by this Act or an enabling Act; or extend or shorten a time limit fixed by this Act, an enabling Act or the rules; or waive compliance with another procedural requirement under this Act, an enabling Act or the rules. (sec.61-ssec.2) An extension or waiver may be given under subsection (1) even if the time for complying with the relevant requirement has passed. (sec.61-ssec.3) The tribunal can not extend or shorten a time limit or waive compliance with another procedural requirement if to do so would cause prejudice or detriment, not able to be remedied by an appropriate order for costs or damages, to a party or potential party to a proceeding. (sec.61-ssec.4) The tribunal may act under subsection (1) on the application of a party or potential party to the proceeding or on its own initiative. (sec.61-ssec.5) The tribunal’s power to act under subsection (1) is exercisable only by— the tribunal as constituted for the proceeding; or a legally qualified member, an adjudicator or the principal registrar.
- (a) extend a time limit fixed for the start of a proceeding by this Act or an enabling Act; or
- (b) extend or shorten a time limit fixed by this Act, an enabling Act or the rules; or
- (c) waive compliance with another procedural requirement under this Act, an enabling Act or the rules.
- (a) the tribunal as constituted for the proceeding; or
- (b) a legally qualified member, an adjudicator or the principal registrar.