Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (3), if a hearing is held in the course of a native title application inquiry, the hearing must be held in private.
(2) The Tribunal may, on its own initiative or on the application of a party, if it is satisfied that it is appropriate to do so, give directions as to the persons who may be present at the hearing.
(3) The Tribunal may, on its own initiative or on the application of a party, if it is satisfied that it is appropriate to do so and the consent of the parties has been obtained, direct that a hearing, or part of a hearing, be held in public.
Participation by telephone etc.
(4) If a direction is made under subsection (3) and a person participates by a means allowed under section 153, the Tribunal must take such steps as are reasonably necessary to ensure the public nature of the hearing is preserved.
Concerns of Aboriginal peoples or Torres Strait Islanders
(5) In making a direction under subsection (3), the
Tribunal must have due regard to the cultural and customary concerns of
Aboriginal peoples and Torres Strait Islanders.