Office of the Regulator-General (Appeals) Regulations 1996

i Office of the Regulator-General (Appeals) Regulations 1996 S.R. No. 2/1996 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Definitions 1 4. Manner of applying for appeal 2 5. Procedure of the appeal panel 2 6. Evidence before the appeal panel 2 7. Appointment of persons to assist the appeal panel 2 8. Notification of date of appeal etc. 3 9. Certain appeal notices may be heard together 3 10. Disclosure of interests 3 11. Member of appeal panel ceasing to be available 3 12. Appeal in absence of applicant 3 13. Withdrawal of appeal notice 3 14. Decisions of appeal panel 4 15. Statement of reasons 4 16. Registrar and register 4 ═══════════════ -- 1 of 6 -- 1 STATUTORY RULES 1996 S.R. No. 2/1996 Office of the Regulator-General Act 1994 Office of the Regulator-General (Appeals) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 16 January 1996 Responsible Minister: ROGER M. HALLAM Minister for Finance KATHY WILSON Clerk of the Executive Council 1. Objective The objective of these Regulations is to regulate proceedings and to provide for procedures to be followed by the appeal panel under the Office of the Regulator-General Act 1994. 2. Authorising provision These Regulations are made under section 43 of the Office of the Regulator-General Act 1994. 3. Definitions In these Regulations— "Act" means the Office of the Regulator-General Act 1994; "Office" means the Office of the Regulator-General; and -- 2 of 6 -- S.R. No. 2/1996 Office of the Regulator-General (Appeals) Regulations 1996 2 "Registrar" means a person for the time being appointed to be the Registrar of Appeal Panels. 4. Manner of applying for appeal An appeal notice must— (a) be in writing and be signed by or on behalf of the applicant; (b) specify the determination of the Office the subject of the appeal; (c) state in full the grounds on which the appeal is based; (d) set out the amendments (if any) to the determination of the Office sought by the applicant; and (e) set out the decision of the appeal panel sought by the applicant. 5. Procedure of the appeal panel The appeal panel— (a) is bound by the rules of natural justice; and (b) is not required to conduct an appeal in a formal manner. 6. Evidence before the appeal panel Evidence before the appeal panel may be given at the appeal panel's discretion orally or in writing or partly orally and partly in writing. 7. Appointment of persons to assist the appeal panel The appeal panel may appoint any person with appropriate expertise to advise it in the appeal before it. r. 4 -- 3 of 6 -- S.R. No. 2/1996 Office of the Regulator-General (Appeals) Regulations 1996 3 8. Notification of date of appeal etc. The Registrar must arrange a day, time and place for hearing of each appeal and must notify each party to the appeal of that day, time and place. 9. Certain appeal notices may be heard together If an appeal panel so directs, with respect to 2 of more appeal notices concerning the same or a related subject-matter, the appeals may be heard together. 10. Disclosure of interests If a person is, or is to be, a member of an appeal panel and that person has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of the functions of the person in relation to an appeal being, or to be heard by the appeal panel, the person— (a) must not take part in, or must stand down from, the appeal; and (b) must disclose the nature of the interest to the Minister. 11. Member of appeal panel ceasing to be available If before an appeal has been decided, a member of the appeal panel hearing the appeal ceases to be a member of the appeal panel, the Minister must appoint a replacement for that member. 12. Appeal in absence of applicant If an applicant to an appeal fails to appear at the time and place appointed for the appeal either personally or by a representative, the appeal panel may dismiss the appeal if it is satisfied that the applicant was given reasonable notice of that time and place. 13. Withdrawal of appeal notice r. 8 -- 4 of 6 -- S.R. No. 2/1996 Office of the Regulator-General (Appeals) Regulations 1996 4 An applicant may withdraw an appeal notice at any time before the appeal panel determines the appeal. 14. Decisions of appeal panel (1) The decision of the majority of the members of an appeal panel on a question is the decision of the appeal panel on that question. (2) A decision of an appeal panel must be put in writing and must be signed by, or on behalf of, the appeal panel. (3) The Registrar must certify a decision of an appeal panel to be a true copy of the decision. (4) A decision comes into effect on the date it is given. 15. Statement of reasons (1) The appeal panel must prepare and give to the parties to the appeal a statement in writing of reasons for the decision. (2) The statement of reasons must be given to the parties as soon as practicable but in any event within 14 days after the decision is made. 16. Registrar and register (1) The Registrar— (a) will establish and maintain at the Office a register containing all records of the appeal panel including all appeal notices and other notices and information lodged with the Office and decisions of the appeal panel; (b) will immediately notify the Minister of receipt of an appeal notice; (c) will administer the process of appeal and provide all necessary assistance to the appeal panel (including, without limitation, r. 13 -- 5 of 6 -- S.R. No. 2/1996 Office of the Regulator-General (Appeals) Regulations 1996 5 organising a venue, compilation of documents and recording of the appeal); and (d) will perform such other functions as are conferred under these Regulations. (3) In carrying out the responsibilities under sub-section (2), the Registrar is subject to the control and direction of the appeal panel. ═══════════════ r. 16 -- 6 of 6 --