77ACProceedings before Tribunal under section 77AB

### 77AC Proceedings before Tribunal under section 77AB > [*\[Section 77AC Inserted by No. 85 of 2009, s. 26, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS26@EN) > > > (1)  The referral of a dispute to the Tribunal under [section 77AB](#GS77AB@EN) is to be accompanied by – > > > > > > (a) the prescribed fee; and > > > > > > > (b) all evidentiary material on which the employer intends to rely at the hearing of the matter. > > > (2)  An employer who fails to lodge evidentiary material under [subsection (1)(b)](#GS77AC@Gs1@Hpb@EN) may not rely on that material unless the Tribunal otherwise allows. > > > (3)  The Tribunal must – > > > > > > (a) if the Tribunal is not satisfied that it is reasonably arguable that an expense is unreasonable or unnecessary, order the employer to pay the expense; or > > > > > > > (b) if the Tribunal is satisfied that it is reasonably arguable that an expense, type of expense or any treatment is unreasonable or unnecessary, order that the employer is not liable to pay the expense, such expenses or such treatment. > > > (4)  If a dispute is referred to the Tribunal under [section 77AB](#GS77AB@EN) , the onus of proving that the expense is unreasonable or unnecessary lies on the employer. > > > (5)  The Tribunal may order that an employer is entitled to recover from a worker a payment for an expense that the employer has paid as required by [section 77AB](#GS77AB@EN) , if the Tribunal is satisfied that the worker's claim for payment of the expense was fraudulent.