Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p26
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 65949–68701

comply with the requirements of subsection (2) within 2 working days after being notified of the application.".

Applicant may request Tribunal to call witness

76. Section 131 of the Principal Act is amended by adding at the end the following subsection:

"(4) This section does not apply to the review of a decision covered by paragraph (ba) or (bb) of the definition of Part 3 reviewable decision.".

Insertion of new section

77. After section 131 of the Principal Act the following section is inserted:

Applicant may request Tribunal to call witnesses

"131A.(1) This section applies to the review of a decision covered by paragraph (ba) or (bb) of the definition of Part 3 reviewable decision if:

     (a) the applicant, in a request in the approved form that accompanied the application, requested the Tribunal to:

      (i) give the applicant the opportunity to appear before it; or

      (ii) obtain oral evidence from a specified person or persons; and

  (b) section 129 does not apply.

  "(2) If this section applies, the Tribunal:

  (a) must have regard to the applicant's request; but

     (b) is not required to obtain evidence (oral or otherwise) from a person named in the applicant's request.

"(3) To avoid doubt, nothing in this Division requires the Tribunal to adjourn the review or to delay making a decision so that:

  (a) the applicant may give evidence (oral or otherwise); or

     (b) the Tribunal may obtain evidence (oral or otherwise) from any other person.".

Review to be in public

  78. Section 134 of the Principal Act is amended:

  (a) by inserting after subsection (2) the following subsection:

     "(2A) If the Tribunal is satisfied that it is impracticable to take particular oral evidence in public, the Tribunal may direct that the evidence is to be taken in private.";

  (b) by inserting in subsection (3) "or (2A)" after "(2)".

Insertion of new sections

79. After section 134 of the Principal Act the following sections are inserted in Division 4 of Part 3:

Oral evidence by telephone etc.

"134A.(1) For the purposes of the review of a decision, the Tribunal may allow a person to appear before the Tribunal, or to give evidence, by:

  (a) telephone; or

  (b) closed-circuit television; or

  (c) any other means of communication.

"(2) If, when a review is in public, a person appears or gives evidence by a means allowed under subsection (1), the Tribunal must take such steps as are reasonably necessary to ensure the public nature of the review is preserved.

Certain decisions to be made within prescribed period

"134B.(1) Subject to subsection (2), if the application is for review of a decision covered by paragraph (ba) or (bb) of the definition of Part 3 reviewable decision, the