116Tribunal may review its decision if party was absent

116 Tribunal may review its decision if party was absent

[Section 116 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  In this section –

relevant hearing, in relation to a decision of the Tribunal, means a hearing at which the decision was made or which preceded the making of the decision (including a compulsory conference) but does not include an alternative dispute resolution process.

(2)  A party to proceedings in respect of whom the Tribunal makes a decision may apply to the Tribunal for a review of the decision, if the party did not appear and was not represented at a relevant hearing.

(3)  An application under subsection (2) must be made within the time limits specified by, and otherwise in accordance with, the Tribunal rules.

(4)  The Tribunal rules may limit the number of applications that may be made under this section in respect of the same matter without leave of the Tribunal.

(5)  If, on hearing the application, the Tribunal is satisfied that the applicant had a reasonable excuse for not attending or being represented at the relevant hearing, the Tribunal is to review the decision and may revoke or vary it, if the Tribunal considers it appropriate to do so.

(6)  For the hearing of the application, the Tribunal is to be constituted, if practicable, by the members by whom it was constituted when it made the decision.

(7)  A review under this section –

(a) is part of the original proceedings; and

(b) is not a review of a decision for the purposes of section 74 .