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CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 38
Procedure of Tribunal generally
38 Procedure of Tribunal generally
(1) The Tribunal may determine its own procedure in relation to any matter for
which this Act or the procedural rules do not otherwise make provision.
(2)
The Tribunal is not bound by the rules of evidence and may inquire into and
inform itself on any matter in such manner as it thinks fit, subject to the
rules of natural justice.
(3) Despite subsection (2)-- (a) the Tribunal must
observe the rules of evidence in-- (i) proceedings in exercise of its
enforcement jurisdiction, and
(ii) proceedings for the imposition by
the Tribunal of a civil penalty in exercise of its general jurisdiction, and
(b) section 128 (Privilege in respect of self-incrimination in other
proceedings) of the Evidence Act 1995 is taken to apply to evidence given in
proceedings in the Tribunal even when the Tribunal is not required to apply
the rules of evidence in those proceedings.
Note--: Section 67 also prevents
the compulsory disclosure of certain documents in proceedings in the Tribunal
that would, in proceedings before a court, be protected from disclosure by
reason of a claim of privilege.
(4) The Tribunal is to act with as little
formality as the circumstances of the case permit and according to equity,
good conscience and the substantial merits of the case without regard to
technicalities or legal forms.
(5) The Tribunal is to take such measures as
are reasonably practicable-- (a) to ensure that the parties to the proceedings
before it understand the nature of the proceedings, and
(b) if requested to
do so--to explain to the parties any aspect of the procedure of the Tribunal,
or any decision or ruling made by the Tribunal, that relates to the
proceedings, and
(c) to ensure that the parties have a reasonable opportunity
to be heard or otherwise have their submissions considered in the proceedings.
(6) The Tribunal-- (a) is to ensure, as far as practicable, that all relevant
material is disclosed to the Tribunal so as to enable it to determine all of
the relevant facts in issue in any proceedings, and
(b) may require evidence
or argument to be presented orally or in writing, and
(c) in the case of a
hearing--may require the presentation of the respective cases of the parties
before it to be limited to the periods of time that it determines are
reasonably necessary for the fair and adequate presentation of the cases.
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