Section 379AA — Giving documents by ART where no requirement to do so by specified method

379AA Giving documents by ART where no requirement to do so by specified method

(1) If:

(a) a provision of this Act, regulations made under this Act, or the ART Act (as modified by this Act) requires or permits the ART to give a document to a person (other than the Secretary); and

(b) the provision does not state that the document must be given:

(i) by one of the methods specified in section 379A; or

(ii) by a method prescribed for the purposes of giving documents to a person in immigration detention;

the ART may give the document to the person by any method that it considers appropriate (which may be one of the methods mentioned in subparagraph (b)(i) or (ii) of this section). Note 1: If 2 or more persons apply for a review of a decision together, a document given to a person is taken to be given to each of them, see section 379EA. Note 2: Under section 379G an applicant may give the ART the name of an authorised recipient who is to receive documents on the applicant’s behalf. Note 3: ART practice directions apply in relation to the giving of documents to the Secretary.

(2) If a person is a minor, the ART may give a document to an individual who is at least 18 years of age if an ART member, the ART Principal Registrar or a member of the staff of the ART reasonably believes that:

(a) the individual has day-to-day care and responsibility for the minor; or

(b) the individual works in or for an organisation that has day-to-day care and responsibility for the minor and the individual’s duties, whether alone or jointly with another person, involve care and responsibility for the minor.

(2A) However, subsection (2) does not apply if section 379EA (which relates to giving documents in the case of combined applications) applies in relation to the minor.

(3) If the ART gives a document to an individual, as mentioned in subsection (2), the ART is taken to have given the document to the minor. However, this does not prevent the ART giving the minor a copy of the document.

(4) If a provision of the ART Act (other than section 79) permits or requires the ART to make an order, the provision is taken, for the purposes of this section, to be a provision of the ART Act that requires or permits the ART to give a document to a person. Note: Orders given under section 79 (Tribunal may give directions in relation to procedure for proceeding) of the ART Act are dealt with by section 374 of this Act.