New South Wales Consolidated Acts

GOVERNMENT AND RELATED EMPLOYEES APPEAL TRIBUNAL ACT 1980 - SECT 47

47 Lapsing of appeal and dismissal of proceedings

(1) An appeal lapses if:

(a) the appellant withdraws the appeal by notifying the Registrar in writing or, if the Tribunal has commenced to consider the appeal, by informing the Tribunal, or

(b) in the case of an appeal under section 20:

(i) the position no longer exists, or

(ii) the appointment against which the appeal is made lapses for any reason.

(2) Proceedings in relation to an appeal under section 20 may be dismissed at any time by the Tribunal if:

(a) the Tribunal considers the appeal to be frivolous or vexatious, or

(b) the appellant is, in the opinion of the Tribunal, not able to put forward an arguable case in favour of his or her appointment to the position concerned.

(3) The Tribunal is to give the appellant an opportunity to respond to the proposed dismissal of proceedings under subsection (2).