Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(a) by inserting after subsection (1) the following subsection:
“(1A) If a person who made an application for the review of a decision notifies the Tribunal in writing that the person wishes to discontinue the application or to have the application dismissed, the Tribunal may dismiss the application for review without proceeding to review the decision.”;
(b) by omitting from subsection (2) “preliminary conference held in relation to the application under section 33” and substituting “conference under section 33, or a mediation under section 33A, held in relation to the application,”; and
(c) by adding at the end the following subsections:
“(3) For the purposes of subsection (2), a person shall be taken to appear in person or by a representative if the person or the person's representative (as the case may be) participates in the conference, mediation or hearing by a means allowed under section 34A.
“(4) If—
(a) a person makes an application to the Tribunal for a review of a decision; and
(b) it appears to the Tribunal that the decision is not reviewable by the Tribunal;
the Tribunal may dismiss the application without proceeding to review the decision.
“(5) If an applicant for a review of a decision fails within a reasonable time—
(a) to proceed with the application; or
(b) to comply with a direction by the Tribunal in relation to the application;
the Tribunal may dismiss the application without proceeding to review the decision.
“(6) If, under this Act, the Tribunal dismisses an application, the proceeding to which the application relates shall be taken to be concluded unless it is reinstated under subsection (9) or (10).
“(7) The Tribunal shall not exercise a power under subsection (2) unless satisfied that appropriate notice was given to the person who failed to appear of the time and place of the conference, mediation or hearing, as the case may be.
“(8) If the Tribunal dismisses an application, the person who made the application may, within 28 days after receiving notification that the application has been dismissed, apply to the Tribunal for reinstatement of the application.
“(9) If it considers it appropriate to do so, the Tribunal may reinstate the application so dismissed and give such directions as appears to it to be appropriate in the circumstances.
“(10) If it appears to the Tribunal that an application has been dismissed in error, the Tribunal may, on the application of a party to the proceeding or of its own motion, reinstate the application and give such directions as appear to it to be appropriate in the circumstances.”.