Western Australian Current Acts Western Australian Current Acts (1) If a claimant
—
(a)
rejects an offer or amended offer in accordance with section 219; and
(b) does
not, within 6 months after service of the notice of rejection, institute an
action for compensation against the acquiring authority or refer the claim for
compensation to the State Administrative Tribunal,
the acquiring
authority may, after giving 30 days notice to the claimant, apply to the State
Administrative Tribunal for a direction.
(2) The State
Administrative Tribunal may direct either that the offer is to be accepted by
the claimant or that the claim is to be heard and determined by the State
Administrative Tribunal.
(3) An application
must be accompanied by the rejected offer and the claim for compensation.
[(4) deleted]
(5) If the State
Administrative Tribunal determines that the claim is to be heard by it and the
claimant fails to make a valid appointment of an assessor, the President of
the State Administrative Tribunal may, in specifying who is to constitute the
Tribunal, choose any consenting person as if the person had been appointed as
an assessor by the claimant.
(6) If the claimant,
after due notice, fails to attend the hearing, the Principal Registrar of the
Supreme Court, or some person nominated by the Principal Registrar, is to
represent the claimant, and may act on the claimant’s behalf in all
matters relating to the claim or the hearing.
(7) Any moneys payable
as compensation are to be paid into the Supreme Court, and are to remain there
subject to section 249.
[Section 222 amended: No. 55 of 2004 s. 552, 568
and 569; No. 4 of 2023 s. 92.]