Administrative Review Tribunal Act 2024

In hearing the appeal, the Federal Court may make findings of fact if:

the findings of fact are not inconsistent with findings of fact made by the Tribunal (other than findings made by the Tribunal as the result of an error of law); and

it appears to the Court that it is convenient to do so.

In deciding whether it is convenient, the Court must have regard to:

the extent (if any) to which it is necessary to make findings of fact; and

the means by which those facts might be established; and

the quick and efficient resolution of the whole of the matter; and

the relative expense and delay (if any) to the parties if the Court, rather than the Tribunal, makes the findings of fact; and

whether any of the parties considers that it is appropriate for the Court, rather than the Tribunal, to make the findings of fact; and

any other matters that the Court considers relevant.

For the purposes of this section, the Court may:

have regard to the evidence given in the proceeding in the Tribunal; and

receive further evidence.