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DEFENCE ACT 1903 - SECT 58HA

Hearings in relation to discriminatory determinations

  (1)   If a determination is referred to the Tribunal under section   46PY of the Australian Human Rights Commission Act 1986 , the Tribunal must hold a hearing to review the determination.

  (2)   Unless the hearing takes place before a single member of the Tribunal, subsections   58K(1) to (6) apply to the hearing as if it were a meeting of the Tribunal.

  (3)   The Tribunal must decide whether or not the hearing is to be held in public.

  (4)   If the Tribunal decides that the hearing is not to be held in public, then, subject to subsection   ( 5) and subsections   58K(9) and 58KB(5), the Tribunal may decide the people who may be present.

  (5)   The Sex Discrimination Commissioner is entitled to notice of, and to be present at, the hearing and may make submissions to the Tribunal.

  (6)   In this section:

"determination" includes a variation to a determination.

"Tribunal" includes a single member conducting the Tribunal's business under a direction under subsection   58KA(1).


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