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ABORIGINAL LAND ACT 1991 - SECT 225
Hearings to be in public except in special circumstances
225 Hearings to be in public except in special circumstances
(1) Subject to this section, the hearing of a proceeding before the Land
Tribunal is to be in public.
(2) If the tribunal is satisfied that it is
desirable to do so because of the confidential nature of any evidence or
matter or for any other reason, the tribunal may, by order— (a) direct that
a hearing or part of a hearing is to take place in private and give directions
as to the persons who may be present; or
(b) give directions prohibiting or
restricting the publication of evidence given before the tribunal, whether in
public or in private, or of matters contained in documents lodged with the
tribunal or received in evidence by the tribunal; or
(c) give directions
prohibiting or restricting the disclosure to some or all of the parties to a
proceeding of evidence given before the tribunal, or of matters contained in
documents lodged with the tribunal or received in evidence by the tribunal.
(3) In considering— (a) whether the hearing of a proceeding should be held
in private; or
(b) whether publication, or disclosure to a party, of
evidence, or of a matter contained in a document or received in evidence,
should be prohibited or restricted;
the tribunal is to take as the basis of
its consideration the principle that it is desirable that the hearing of a
proceeding before the tribunal should be held in public and that evidence
given before the tribunal and the contents of documents lodged with the
tribunal or received in evidence by the tribunal should be made available to
the public and to all the parties, but must pay due regard to any reasons
given to the tribunal why the hearing should be held in private or why
publication or disclosure of the evidence or matter should be prohibited or
restricted, particularly if those reasons are based on any applicable
Aboriginal tradition.
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