Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:3_100
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 3 cl 100
Character Range: 236278–237679

100  Dismissal of an application

 (1) The SSAT Executive Director may, on the application of a party or on his or her own initiative, dismiss an application for review of a decision if:
 (a) the decision is not reviewable under this Part; or
 (b) the application is frivolous or vexatious; or
 (c) all of the parties consent; or
 (d) the SSAT Executive Director is satisfied:
 (i) after having communicated with each party; or
 (ii) after having made reasonable attempts to communicate with each party and having failed to do so;
  or a combination of both, that none of the parties intend to proceed with the application; or
 (e) all of the parties fail to attend the hearing; or
 (f) all of the parties have been removed from the proceeding under subsection 101(5).

 (2) The SSAT Executive Director may dismiss an application under paragraph (1)(b) only if:
 (a) one of the following applies:
 (i) the SSAT Executive Director has received and considered submissions from the applicant;
 (ii) the SSAT Executive Director has otherwise communicated with the applicant in relation to the grounds of the application;
 (iii) the SSAT Executive Director has made reasonable attempts to communicate with the applicant in relation to the grounds of the application and has failed to do so; and
 (b) all of the parties (other than the applicant) consent to the dismissal.

Division 3—Parties to reviews