Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 95

95 Evidence

(1) The tribunal must allow a party to a proceeding a reasonable opportunity to—

(a) call or give evidence; and

(b) examine, cross-examine and re-examine witnesses; and

(c) make submissions to the tribunal.

(2) Despite subsection (1) —

(a) the tribunal may refuse to allow a party to a proceeding to call evidence on a matter if the tribunal considers there is already sufficient evidence about the matter before the tribunal; and

(b) the tribunal may refuse to allow a party to a proceeding to cross-examine a witness about a matter if the tribunal considers—

(i) there is sufficient evidence about the matter before the tribunal; and

(ii) the evidence has been sufficiently tested by cross-examination; and

(c) for an expedited hearing under section 94 , cross-examination or re-examination of witnesses is at the discretion of the tribunal, subject to the rules.

(3) Also, the tribunal may place time limits on the giving of evidence and on the examination, cross-examination and re-examination of witnesses.

(4) Evidence in a hearing—

(a) may be given orally or in writing; and

(b) if the tribunal requires, must be given on oath or by affidavit.

(5) A member or adjudicator may administer or cause to be administered an oath for the purpose of taking evidence at a hearing.

(6) A child can not be compelled to take an oath.