Page 2237 - Week 07 - Thursday, 16 June 1994

THE ACT DOES NOT FORMALLY RECOGNISE TELEPHONE HEARINGS AND

CONFERENCES YET THEY ARE REGULARLY USED BY THE TRIBUNAL.

CLAUSE 15 WILL INSERT SECTION 34A WHICH EXPRESSLY PROVIDES THAT

THE TRIBUNAL MAY ALLOW A PERSON TO PARTICIPATE IN PROCEEDINGS BY

TELEPHONE, CLOSED CIRCUIT TELEVISION AND ANY OTHER MEANS OF

COMMUNICATION.

AMENDMENTS TO SECTION 43 AND THE INSERTION OF A NEW SECTION 43A

WILL EXPAND THE TRIBUNAL'S POWERS TO DISMISS APPLICATIONS. THERE

WILL BE A NEW POWER TO DISMISS MATTERS WHERE THERE IS DELAY BY

THE APPLICANT IN PURSUING THE APPLICATION, WHERE THERE IS NOT A

REVIEWABLE DECISION OR WHERE THE APPLICATION IS FRIVOLOUS OR

VEXATIOUS.

MADAM SPEAKER, AS I MENTIONED AT THE OUTSET, THE BACKGROUND TO

THE AMENDMENTS IN THIS BILL CAN BE FOUND IN EVENTS WHICH HAVE

OCCURRED IN RELATION TO THE COMMONWEALTH TRIBUNAL. THIS IS

AGAIN THE CASE IN RELATION TO THOSE AMENDMENTS WHICH PROVIDE

FOR THE INTRODUCTION OF A CODE OF PRACTICE TO SET MINIMUM

STANDARDS FOR NOTICES OF DECISIONS AND RIGHTS OF REVIEW.

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