Division 2Division 2 Proceedings before the Tribunal
53 Procedure at sittings of Tribunal
(1) The procedure for the arranging of, and for the conduct of business at, any sitting of the Tribunal shall, subject to this Act, the regulations and the rules of the Tribunal, be as determined by the Tribunal.(2), (3) (Repealed)
(1) Questions arising at a sitting of the Tribunal shall be determined by a majority of the votes of the members present and voting.(2) The member presiding at any sitting of the Tribunal shall have a deliberative vote and, in the event of an equality of votes, a second or casting vote.(3) Despite subsection (1), questions of law arising at a sitting of the Tribunal are to be determined:(a) if the presiding member is the President or a Deputy President of the Tribunal or a legal member—by the presiding member of the Tribunal, or(b) if the presiding member is not the President or a Deputy President of the Tribunal or a legal member—by:(i) referring the question of law to the President or a Deputy President of the Tribunal or a legal member nominated by the President for the purposes of this section for decision, and(ii) determining the question of law according to the decision on the reference.
(1) The Tribunal is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks fit.(2) Proceedings before the Tribunal shall be conducted with as little formality and legal technicality and form as the circumstances of the case permit.
56 Proceedings to be open to the public
Proceedings before the Tribunal shall be open to the public unless the Tribunal, in any particular case, determines that the proceedings shall be conducted wholly or partly in the absence of the public.
(1) A person shall not, except with the consent of the Tribunal, publish or broadcast the name of any prescribed person:(a) who appears as a witness before the Tribunal in any proceedings,(b) to whom any proceedings before the Tribunal relate, or(c) who is mentioned or otherwise involved in any proceedings before the Tribunal,whether before or after the proceedings are disposed of.Maximum penalty: 10 penalty units or imprisonment for 12 months, or both.
(2) This section does not prohibit the publication or broadcasting of an official report of the proceedings of the Tribunal that includes the name of any prescribed person the publication or broadcasting of which would otherwise be prohibited by this section.(3) For the purposes of this section, a reference to the name of a prescribed person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.(4) In this section:prescribed person means:
(a) a person under guardianship,(a1) a protected person,(b) a person to whom an application or request under Part 2, 3 or 3A, and a person to whom an application under Part 4 or 5, relates,(c) a child.
(1) The Tribunal may join, as a party to any proceedings before the Tribunal (whether under this or any other Act), any person who, in the opinion of the Tribunal, should be a party to the proceedings (whether because of the person’s concern for the welfare of the person the subject of the proceedings or for any other reason).(2) If the Tribunal joins a person as a party to any proceedings, the Tribunal must, as soon as practicable, notify the applicant (if any) for the proceedings accordingly.
(1) In any proceedings before the Tribunal, the parties to the proceedings may appear in person or, by leave of the Tribunal, be represented by an Australian legal practitioner or an agent.(2) The Tribunal, in proceedings before it with respect to a prescribed person, may appoint a person to act as guardian ad litem for the person.(3) The Tribunal, in proceedings before it relating to a prescribed person, may, if it appears to the Tribunal that the person ought to be separately represented:(a) order that the person be separately represented, and(b) make such other orders as it thinks necessary for the purpose of securing separate representation for the person.(4) A person is not entitled to legal aid under the Legal Aid Commission Act 1979 merely because the Tribunal has made an order under subsection (3) (b).(5) In this section:prescribed person means:
(a) a person under guardianship,(a1) a protected person,(b) a person to whom an application or request under Part 2, 3 or 3A, and a person to whom an application under Part 4 or 5, relates,(c) a child.
A party to proceedings before the Tribunal may:(a) call and examine any witness,(b) cross-examine any witness called by another party,(c) give evidence on oath,(d) produce documents and exhibits to the Tribunal, and(e) otherwise adduce, orally or in writing, to the Tribunal such matters, and address the Tribunal on such matters, as are relevant to the proceedings.
(1) The President or a Deputy President of the Tribunal or the member presiding at a sitting of the Tribunal (if that person is a legal member), or any other legal member nominated in writing by the President for the purposes of this section, may, by instrument in writing, require any person on whom the instrument is served personally or by post:(a) to appear before the Tribunal for the purpose of giving evidence, or(b) to produce to the Tribunal any document that is relevant to the proceedings before the Tribunal,at a time, date and place specified in the instrument.(1A) The President or a Deputy President of the Tribunal or the member presiding at a sitting of the Tribunal, or any legal member nominated in writing by the President for the purposes of this section, may:(a) require a person who appears before the Tribunal to be sworn for the purpose of giving evidence on oath, and(b) administer such an oath.(2) When a document is produced to the Tribunal pursuant to a requirement under this section, the Tribunal may take possession of the document for such period as it considers necessary for the purpose of hearing the proceedings before it.
61 Witnesses to answer questions
(1) A member of the Tribunal may require a person who appears before the Tribunal to answer a question that is reasonably related to the proceedings before the Tribunal.(2) A person is not excused from answering such a question on the ground that the answer might tend to incriminate the person but, where the person claims (before answering the question) that the answer might tend to incriminate the person, neither the question nor the answer is admissible in evidence against the person in criminal proceedings, other than proceedings under section 62 or proceedings in relation to a charge of perjury in respect of the answer.
62 Refusal to attend or to answer questions etc
A person shall not:(a) fail to comply with a requirement made of the person under section 60 or 61 to the extent to which the person is lawfully able to comply with the requirement, or(b) not having been sworn, make a statement that the person knows to be false or misleading in a material particular when the person is appearing before the Tribunal.Maximum penalty: 5 penalty units.
A person (other than an officer) who is required to appear or to give evidence before the Tribunal is entitled to be paid such allowances and expenses as the President of the Tribunal may determine in respect of the person.
(1) The Tribunal may from time to time adjourn its proceedings to such times, dates and places, and for such reasons, as it thinks fit.(2) In the absence from a sitting of the Tribunal of one or more, but not all, of the members nominated to constitute the Tribunal at that sitting, the remaining member or members may exercise the Tribunal’s function of adjourning proceedings.
64A Withdrawal of applications
An application to the Tribunal (whether under this or any other Act) cannot be withdrawn except with the consent of the Tribunal.
65 Dismissal of frivolous proceedings etc
If, before or during proceedings before it, the Tribunal is satisfied that the proceedings are frivolous or vexatious, it may:(a) dismiss the proceedings, and(b) order the person who brought the proceedings to pay the costs of the proceedings.
66 Conciliation to be attempted
(1) The Tribunal shall not make a decision in respect of an application made to it until it has brought, or used its best endeavours to bring, the parties to a settlement.(1A) Subsection (1) does not apply in respect of an application if the Tribunal considers that it is not possible, or appropriate, to attempt to bring the parties to a settlement.(2) Any meetings conducted or proceedings held in the course of attempting to bring or bringing the parties to a settlement shall not be conducted or held in public.(3) Any statement or admission made during the course of a conciliation hearing is not, except with the consent of all the parties, admissible as evidence in proceedings before the Tribunal or in any court.