Document ID: chunk:federal_register_of_legislation:F2024L01179:reg:12
Version: federal_register_of_legislation:F2024L01179
Segment Type: reg
Provision Reference: reg 12
Character Range: 13120–15458

12  Participation of non‑participating parties

Matters for Tribunal consideration
 (1) For the purposes of paragraph 64(1)(a) of the Act, in deciding whether or not a party is to participate in a proceeding or Tribunal case event in relation to a proceeding under section 62 of the Act, the Tribunal may have regard to the following:
 (a) the effect that the participation of the party would have on the ability of the Tribunal to achieve the objective in section 9 of the Act;
 (b) the timeliness of the participation notice given to the Tribunal by the party;
 (c) the circumstances of the parties to the proceeding;
 (d) whether the proceeding:
 (i) is, or is likely to be, complex; or
 (ii) involves, or is likely to involve, a significant conclusion of law; or
 (iii) has, or is likely to have, significant implications for Commonwealth policy or administration; or
 (iv) could be resolved using dispute resolution processes;
 (e) any other matters that the Tribunal considers relevant.
 (2) For the purposes of paragraph 64(1)(a) of the Act, before ordering a party to do a thing in relation to a proceeding under subsection 63(2) of the Act, the Tribunal may have regard to the following:
 (a) the effect that it would have on the ability of the Tribunal to achieve the objective in section 9 of the Act;
 (b) the circumstances of the parties to the proceeding;
 (c) whether the proceeding:
 (i) is, or is likely to be, complex; or
 (ii) involves, or is likely to involve, a significant conclusion of law; or
 (iii) has, or is likely to have, significant implications for Commonwealth policy or administration; or
 (iv) could be resolved using dispute resolution processes;
 (d) any other matters that the Tribunal considers relevant.

Tribunal must notify parties of participation
 (3) For the purposes of paragraph 64(1)(a) of the Act, if the Tribunal decides under section 62 of the Act whether or not a party is to participate in a proceeding or Tribunal case event in relation to a proceeding, or orders a party to do a thing in relation to a proceeding under subsection 63(2) of the Act, the Tribunal must give written notice of the decision or order to the parties to the proceeding.
 (4) A failure to comply with subsection (3) does not affect the validity of the decision or order.

Division 2—Witness fees and expenses