# Decision without hearing

> act-s367N — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

367N Decision without hearing
          (1) The ART must make its decision in the proceeding in relation to an
              application to be reviewed on the papers:
                (a) after considering:
                      (i) any submissions, evidence and comments given by the
                          applicant; and
                     (ii) any other documents and things given to the ART in
                          relation to the proceeding; and
               (b) without holding the hearing of the proceeding.
               Note 1:      Section 106 of the ART Act does not apply in relation to the
                            application (see paragraph 367D(g) of this Act).










               Note 2:      This subsection does not apply if the application has been dismissed,
                            unless the application is reinstated (see sections 367M and 368C).

          (2) The applicant is not entitled to appear before the ART.
          (3) The ART must not make the decision before the later of the
              following:
                (a) the end of the response period mentioned in
                    paragraph 367H(1)(d) for any invitation given under
                    subsection 367F(1), or any information and invitation given
                    under subsection 367G(1), in relation to the application;
                (b) the end of any period within which a party to the proceeding
                    must give information or documents under an order made
                    under section 79 of the ART Act in relation to the
                    application.










Division 5—ART decisions