Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 58K

Procedure of Tribunal

  (1)   The President shall convene such meetings of the Tribunal as he or she considers necessary for the efficient performance of its functions.

  (2)   Meetings of the Tribunal shall be held at such places as the President determines.

  (3)   The President shall preside at all meetings of the Tribunal at which he or she is present.

  (4)   If the President is not present at a meeting of the Tribunal, another member of the Tribunal nominated by the President shall preside at the meeting.

  (5)   The Tribunal shall keep records of its meetings.

  (6)   At a meeting of the Tribunal:

  (a)   2 members of the Tribunal constitute a quorum;

  (b)   all questions shall be decided by a majority of votes of the members of the Tribunal present and voting; and

  (c)   the member of the Tribunal presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

  (7)   The Tribunal shall, in making a determination, have regard to:

  (a)   any decision of, or principles established by, the FWC that is or are relevant to the making of the determination; or

  (b)   if the FWC has not yet made any such decision or established any such principles, any decision of, or principles established by, the AIRC that is or are relevant to the making of the determination.

  (8)   In the performance of the functions of the Tribunal:

  (a)   the Tribunal may regulate the conduct of its proceedings as it thinks fit and is not bound to act in a formal manner; and

  (b)   the Tribunal may inform itself on any matter in such manner as it thinks fit and is not bound by the rules of evidence.

  (9)   The Defence Force Advocate and a person representing the Commonwealth are entitled to be present, and to make submissions to the Tribunal, during any proceedings before the Tribunal.

  (10)   Where the Tribunal thinks that a person or body should be heard in relation to a matter that is being, or is to be, considered by the Tribunal, the Tribunal may permit the person or body to be present, and to make submissions to the Tribunal, during proceedings before the Tribunal in relation to that matter.


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