57Tribunal to act on evidence available

### 57 Tribunal to act on evidence available > > (1)  [*\[Section 57 Subsection (1) amended by No. 18 of 2021, s. 383, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS383@EN) *\[Section 57 Subsection (1) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*Subject to this section, the matter to be resolved in a proceeding before the Tribunal to which this Act relates shall be resolved by the Tribunal on such evidence as is placed before it after all parties have been given a reasonable opportunity to be heard, and an order made by the Tribunal in relation to the proceeding is lawful and effectual whether or not all parties to the proceeding have presented their cases. > > > (2)  *\[Section 57 Subsection (2) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*Where – > > > > > > (a) the matter to be resolved has been determined in the absence of a party to the relevant proceeding; and > > > > > > > (b) that party has, within 7 days after he receives notice of the order made by the Tribunal, applied for a rehearing to the Tribunal – > > > > the Tribunal may order that the claim for compensation be reheard if it appears to it that it is just and reasonable to do so. > > > (3)  *\[Section 57 Subsection (3) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*An order under [subsection (2)](#GS57@Gs2@EN) shall – > > > > > > (a) be subject to such terms and conditions as may be specified by the Tribunal, including terms and conditions as to the payment of costs; or > > > > > > > (b) be unconditional if the Tribunal is satisfied that no substantial injustice will be caused to a party to the relevant proceeding. > > > (4)  *\[Section 57 Subsection (4) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*On an order being made under [subsection (2)](#GS57@Gs2@EN) for the rehearing of a claim for compensation – > > > > > > (a) the Registrar shall give notice to all parties to the relevant proceeding of the making of the order and of the time and place appointed for the rehearing; and > > > > > > > (b) the order of the Tribunal made on the first hearing ceases to have effect unless it is restored pursuant to [subsection (5)](#GS57@Gs5@EN) . > > > (5)  *\[Section 57 Subsection (5) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*If the party on whose application the rehearing of a claim for compensation is ordered does not appear at the time and place appointed for the rehearing or any adjournment of the relevant proceeding, the Tribunal, if it thinks fit and without rehearing or further rehearing the claim, may direct that the order made on the first hearing of the claim be restored, and that order shall be restored to full force and effect and shall be deemed to have been of effect at all times since the time of its making.