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CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 98H Procedure for dealing with application

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 98H

Procedure for dealing with application

  (1)   In making a decision under this Division in relation to an application, the Registrar:

  (a)   may act on the basis of:

  (i)   the application and the documents accompanying it; and

  (ii)   if action has been taken under section   98G--the reply (if any) to the application and the documents (if any) accompanying it; and

  (b)   may, but is not required to, conduct any inquiry or investigation into the matter.

  (2)   Except where the Registrar refuses to make a determination under section   98E or 98F or subsection   98J(2) in respect of an application, the Registrar must give an opportunity to the applicant and the other party to appear before the Registrar, and be heard by him or her, if they so wish.

Note:   Sections   98E and 98F and subsection   98J(2) provide that the Registrar may refuse to make a determination in the circumstances set out in those provisions without taking any further action under this Part.

  (3)   Nothing in subsection   (2) empowers the Registrar to compel a party to the proceeding to appear before the Registrar in the presence of the other party.

  (4)   Any hearing before the Registrar, and any inquiry or investigation carried out by the Registrar, is to be carried out as the Registrar thinks fit and the Registrar is not bound by any rules of evidence.

  (5)   A party to the proceedings must not be represented by another person before the Registrar.