Document ID: chunk:federal_register_of_legislation:C2004A03678:body:0:p14
Version: federal_register_of_legislation:C2004A03678
Segment Type: other
Provision Reference: 
Character Range: 33567–36336

application is urgent and unnecessary delay would be caused by not conducting the hearing by telephone;
     (b) the party lives in a remote area and unnecessary expense would be incurred if the party or the party's representative had to travel to the place at which the hearing is to be held;
     (c) the party has failed to attend the hearing and has not indicated that he or she intends not to attend the hearing; or
     (d) the applicant is unable to attend the hearing because of illness or infirmity.
"(6) Where a party attending the hearing of the review is not proficient in English, the National Convener may direct that communication with the party at the hearing of the review proceed through an interpreter.
"(7) A reference in this section to a party does not include a reference to the Secretary.

When can the Social Security Appeals Tribunal proceed without oral submissions from a party?
"189. (1) Where a party has advised the National Convener that the party does not intend making oral submissions to the Social Security Appeals Tribunal, the Tribunal may proceed to hear the application for review without oral submissions from the party.
"(2) Where:
     (a) the National Convener has determined under subsection 188 (4) that oral submissions to the Social Security Appeals Tribunal by a party or the party's representative are to be made by telephone; and
     (b) on the day fixed for the hearing the presiding member has been unable to contact the party or the party's representative after reasonable efforts have been made to do so;
the National Convener may authorise the Tribunal to proceed to hear the application without oral submissions from the party or the party's representative.
"(3) Where:
     (a) the National Convener has not determined under subsection 188 (4) that oral submissions to the Social Security Appeals Tribunal by a party or the party's representative are to be made by telephone; and
     (b) the party or the party's representative does not attend the hearing at the time fixed for the hearing;
the National Convener may authorise the Tribunal to proceed to hear the application without oral submissions from the party or the party's representative.
"(4) Where the National Convener gives an authorisation under subsection (2) or (3), the Social Security Appeals Tribunal may proceed to hear the application without oral submissions from the party or the party's representative.
"(5) The National Convener may revoke an authorisation under subsection (2) or (3).

The Social Security Appeals Tribunal may take evidence
"190. The Social Security Appeals Tribunal may take evidence on oath or affirmation for the purposes of a review of a decision.

The Secretary will provide further information on a request from