Section 367M — Dismissing applications to be reviewed on the papers
Text of provision
(1) The ART must dismiss an application if the applicant does not respond to an invitation, in relation to the application, given by the ART under subsection 367F(1), within the response period mentioned in paragraph 367H(1)(d) for the invitation.
(2) This section does not limit any other power of the ART to dismiss an application. Note 1: The ART may dismiss an application, for example, if the applicant fails to comply with an order of the ART in relation to the proceeding (see section 100 of the ART Act). Note 2: The ART must, under section 368B, notify the applicant of a decision to dismiss an application. Note 3: The applicant may, within 28 days after receiving the notice, apply to the ART for reinstatement of the application (see section 368C).
Plain English
Section 367M allows the ART to dismiss a paper review application without deciding the merits in certain circumstances — for example, if the applicant fails to respond to an invitation under s 367F or s 367G, or if the application is not properly before the ART.
Practical effect
Non-response to an s 367F or s 367G invitation is a ground for dismissal. This reinforces the importance of responding within the prescribed periods. A dismissed application can be subject to reinstatement or judicial review depending on the circumstances.