Accident Compensation Act 2001

Dispute resolution - Reviews

141: Conduct of review: hearing to be held

You could also call this:

"A meeting to talk about a review request, unless everyone agrees not to have one"

When someone asks for a review, the reviewer must hold a hearing. This is a meeting where people can talk about the review. However, a hearing doesn't need to happen if the person who asked for the review changes their mind, or if everyone involved agrees they don't want a hearing.

The reviewer needs to decide when and where to have the hearing. They'll try to agree on a time and place with everyone involved. If people can't agree, the reviewer will choose.

The reviewer must do their best to let everyone who should be at the hearing know when and where it will be. They need to tell people at least 7 days before the hearing happens.

At the hearing, the reviewer can listen to any information that's important to the review. This information can come from anyone who is allowed to be at the hearing. The reviewer can use this information even if it wouldn't normally be allowed in a court.

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140: Conduct of review: general principles, or

"Rules for reviewing accident compensation decisions"


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142: Persons entitled to be present and heard at hearing, or

"Who can attend and speak at a review hearing"

Part 5Dispute resolution
Reviews

141Conduct of review: hearing to be held

  1. In the course of conducting a review, the reviewer must hold a hearing unless—

  2. the applicant withdraws the review application; or
    1. the applicant, the Corporation, and all persons who would be entitled to be present and heard at the hearing agree not to have a hearing.
      1. The reviewer must hold the hearing at a time and place that are—

      2. agreed to by all persons who are parties to the application and the reviewer; or
        1. decided on by the reviewer if those persons do not agree.
          1. The reviewer must take all practicable steps to ensure that notice of the time and place of the hearing is given—

          2. to every person entitled to be present and heard at it; and
            1. at least 7 days before the date of the hearing.
              1. The reviewer may admit any relevant evidence at the hearing from any person who is entitled to be present and be heard at it, whether or not the evidence would be admissible in a court.