Document ID: chunk:federal_register_of_legislation:C2015A00035:clause:4_362c
Version: federal_register_of_legislation:C2015A00035
Segment Type: clause
Provision Reference: sch 4 cl 362C
Character Range: 24013–26668

362C  Failure to appear—Tribunal's decisions, written statements and notifying the applicant

Decisions to which this section applies
 (1) This section applies in relation to the following decisions (each of which is a non‑appearance decision):
 (a) a decision to dismiss an application under paragraph 362B(1A)(b);
 (b) a decision to reinstate an application under paragraph 362B(1C)(a) and to give directions (if any) under that paragraph.
Note: For similar provisions applying to a decision to confirm the dismissal of an application under section 362B, see sections 368 and 368A.

Written statement of decision
 (2) If the Tribunal makes a non‑appearance decision, the Tribunal must make a written statement that:
 (a) sets out the decision; and
 (b) sets out the reasons for the decision; and
 (c) in the case of a decision to reinstate an application:
 (i) sets out the findings on any material questions of fact; and
 (ii) refers to the evidence or any other material on which the findings of fact were based; and
 (d) records the day and time the statement is made.
 (3) A non‑appearance decision is taken to have been made:
 (a) by the making of the written statement; and
 (b) on the day, and at the time, the written statement is made.
 (4) The Tribunal has no power to vary or revoke a non‑appearance decision after the day and time the written statement is made.
Note: However, if the application is reinstated, the application is taken never to have been dismissed (see subsection 362B(1D)).

Notice to applicant
 (5) The Tribunal must notify the applicant of a non‑appearance decision by giving the applicant a copy of the written statement made under subsection (2). The copy must be given to the applicant:
 (a) within 14 days after the day on which the decision is taken to have been made; and
 (b) by one of the methods specified in section 379A.
 (6) In the case of a decision to dismiss the application, the copy of the statement must be given to the applicant together with a statement describing the effect of subsections 362B(1B) to (1F).

Notice to Secretary
 (7) A copy of the written statement made under subsection (2) must also be given to the Secretary:
 (a) within 14 days after the day on which the decision is taken to have been made; and
 (b) by one of the methods specified in section 379B.

Validity etc. not affected by procedural irregularities
 (8) The validity of a non‑appearance decision, and the operation of subsection (4), are not affected by:
 (a) a failure to record, under paragraph (2)(d), the day and time when the written statement was made; or
 (b) a failure to comply with subsection (5), (6) or (7).