State administrative tribunal act western australia

(1) This section applies if the Tribunal believes that a party to a proceeding is conducting the proceeding in a way that unnecessarily disadvantages another party to the proceeding by conduct such as —

(a) failing to comply with an order or direction of the Tribunal without reasonable excuse; or

(b) failing to comply with this Act or the enabling Act; or

(c) asking for an adjournment the need for which is attributable to a failure described in paragraph (a) or (b); or

(d) attempting to deceive another party or the Tribunal; or

(e) vexatiously conducting the proceeding; or

(f) failing to attend any hearing in the proceeding.

(2) If this section applies, the Tribunal may —

(a) if the party causing the disadvantage is the applicant, order that the proceeding be dismissed or struck out;

(b) if the party causing the disadvantage is not the applicant —

(i) determine the proceeding in favour of the applicant and make any appropriate orders; or

(ii) order that the party causing the disadvantage be struck out of the proceeding.

(3) The Tribunal’s powers to act under subsection (2) are exercisable only by a legally qualified member.

(4) The Tribunal may act under subsection (2) on the application of a party or on its own initiative.