Section 367D — Interaction with ART Act (paper review)
Text of provision
The following provisions of the ART Act do not apply in relation to applications to be reviewed on the papers:
(a) sections 43 to 46 (reconstitution of Tribunal);
Note: See section 367L (ART may be reconstituted) of this Act.
(b) section 55 (right to present case);
Note: See sections 367E (exhaustive statement of natural justice hearing rule) and 367N (decision without hearing) of this Act.
(c) paragraph 63(2)(a) (non-participating party may be required to appear);
(d) Subdivision A of Division 6 of Part 4 (Tribunal powers relating to hearings and evidence), other than sections 70 and 71 (Tribunal may restrict publication or disclosure of information);
(e) paragraphs 79(2)(c) to (i) and (k) (Tribunal directions in relation to hearings);
(f) sections 80 to 83 (Tribunal powers in relation to hearings);
(g) section 106 (review of decisions without hearing);
Note: See section 367N (decision without hearing) of this Act.
(h) any other provision prescribed by the regulations.
Note: Other provisions of the ART Act do not apply in relation to applications to be reviewed on the papers (see, for example, subsection 336P(2) of this Act).
Plain English
Section 367D lists specific provisions of the Administrative Review Tribunal Act 2024 that are disapplied for paper review applications. These include: sections 43–46 (ART reconstitution — replaced by s 367L), section 55 (right to present case — replaced by ss 367E and 367N), and paragraph 63(2)(a) (non-participating party requirements).
Practical effect
The main practical consequence is that applicants in a paper review have no right to present their case at a hearing. The procedural rights are defined entirely by Division 4A: written submissions (s 367F) and response to adverse information (s 367G).