Document ID: chunk:federal_register_of_legislation:F2024N01028:clause:1_85
Version: federal_register_of_legislation:F2024N01028
Segment Type: clause
Provision Reference: sch 1 cl 85
Character Range: 63601–65536

85  Case appraisal process
        1.     Before a case appraiser can review any material relating to a case appraisal, the participants must:
                1.     agree on the scope of the case appraisal and the questions to be answered by the case appraiser; and
                2.     sign an agreement stipulating the scope of the case appraisal.
        2.     The participants will provide to an employee in the Tribunal authorised by the CEO relevant factual information and (where requested) written submissions about those facts.
         Note: The participants in a case appraisal are described in subsections 25(2) and 26(2) of the Act.
 (3) The case appraiser is to review the material provided by the participants.
 (4) The case appraiser may convene a meeting with the participants to conduct the case appraisal or may conduct the case appraisal without a meeting and by reference only to the documents provided.
 (5)  The case appraiser may determine that the attendance of other persons at the meeting is permitted for the purpose of:

  (a) providing assistance to a participant (as a support person); or

  (b) providing information or evidence to assist the appraisal.
         Note:  Subsection 19(7) of the Determination provides that the Tribunal may permit a person (support person) to accompany a party in proceedings. Subsection 19(8) provides that a support person cannot act as a lawyer or an authorised representative for the party.
 (6) The case appraiser may suspend or terminate a case appraisal or refuse to provide an opinion if the participants have not provided sufficient relevant information to enable the case appraisal to be undertaken.
 (6) The case appraiser is to communicate their opinion to the participants as soon as the appraisal is complete. The case appraiser is to communicate their opinion orally, unless the participants otherwise agree for the opinion to be provided in writing.