Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 39

  (1)   Subject to sections   35, 36 and 36B, the Tribunal shall ensure that every party to a proceeding before the Tribunal is given a reasonable opportunity to present his or her case and, in particular, to inspect any documents to which the Tribunal proposes to have regard in reaching a decision in the proceeding and to make submissions in relation to those documents.

  (2)   This section does not apply to:

  (a)   a proceeding in the Security Division to which section   39A or 39BA applies; or

  (b)   the agency party to a proceeding in the Social Services and Child Support Division.

Note:   Section   39AA deals with the rights of the agency party to a proceeding in the Social Services and Child Support Division.

  (3)   This section does not limit subsection   25(4A) (Tribunal may determine scope of review).