Commonwealth Consolidated Acts

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CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 100

Dismissal of an application

             (1)  The SSAT Principal Member may, on the request of a party or on his or her own initiative, dismiss an application for review of a decision if:

                     (a)  the decision is not reviewable under this Part; or

                     (b)  the application is frivolous or vexatious; or

                     (c)  all of the parties consent; or

                     (d)  the SSAT Principal Member is satisfied:

                              (i)  after having communicated with each party; or

                             (ii)  after having made reasonable attempts to communicate with each party and having failed to do so;

                            or a combination of both, that none of the parties intend to proceed with the application; or

                     (e)  all of the parties fail to attend the hearing; or

                      (f)  all of the parties have been removed from the proceeding under subsection 101(5).

             (2)  The SSAT Principal Member may dismiss an application under paragraph (1)(b) only if:

                     (a)  one of the following applies:

                              (i)  the SSAT Principal Member has received and considered submissions from the applicant;

                             (ii)  the SSAT Principal Member has otherwise communicated with the applicant in relation to the grounds of the application;

                            (iii)  the SSAT Principal Member has made reasonable attempts to communicate with the applicant in relation to the grounds of the application and has failed to do so; and

                     (b)  all of the parties (other than the applicant) consent to the dismissal.



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