The Tribunal Decision
After hearing from both sides, the Member or Adjudicator will make a decision and will give reasons for this decision. The Tribunal will send each party a copy of this decision. A Tribunal decision is fi nal and binding on all parties. You can ask the Member or Adjudicator to explain the decision to you if you are unclear what it means. Written reasons for decisions Parties can request written reasons for the decision. You may, request written reasons within 14 days after the decision takes effect, and the Tribunal must comply within 45 days. Audio recordings are made of all Tribunal hearings. If the reasons for a decision were given orally, the Tribunal can provide you with an audio recording of the appropriate part of the proceeding. Parties to proceedings can also order a full copy of the audio recording or a transcript. A fee will apply for this. Can the order be changed? In limited circumstances, you can apply to the Tribunal to seek changes or corrections to the order, or to have the matter re-opened. Re-openings apply if you were unable to attend the original hearing or it is in the interests of justice to reopen the matter as significant new evidence is available. You will need to use an Application for reopening, correction, renewal or amendment form, to apply to the Tribunal to have the matter re-opened, or to seek changes to the order. You must lodge this application with the Tribunal within 28 days of the original decision.
You can apply for a reopening of the proceeding if:
- You did not appear at the hearing and had a reasonable excuse for not attending; or
- You would suffer a substantial injustice if the proceeding was not reopened because significant new evidence has arisen that was not available at the original hearing.
- You can apply to the Tribunal to correct a decision if:
- There is a clerical mistake, error, miscalculation, or mistake in description of matter, person or thing mentioned in the decision.
- You can seek a renewal of a Tribunal decision if:
- It is not possible to comply with the Tribunal’s fi nal decision, or there are problems with interpreting, implementing or enforcing the decision.
When lodging an Application for reopening, correction, renewal or amendment form, you will need to attach relevant evidence, such as receipts showing rent has been paid up-to-date or an Affi davit that states your reason for not attending the original hearing. The Tribunal will decide whether or not to grant your application.