(1)  An appeal is to be heard in public.

(2)  The Commissioner may receive evidence in private if –

(a) a person who appears to give evidence at a hearing objects to doing so in public and the Commissioner considers that –

(i) the evidence may be of a confidential nature; and

(ii) the interest in confidentiality is greater than the interest in having the evidence taken in public; or

(b) the Commissioner considers that –

(i) the evidence to be given at the hearing may be of a confidential nature even though the person who appears to give the evidence has not objected to doing so in public; and

(ii) the interest in confidentiality is greater than the interest in having the evidence taken in public; or

(c) an Aboriginal person who appears to give evidence at a hearing objects to doing so in public and the Commissioner considers that the evidence may relate to Aboriginal historical or cultural matters.

(3)  At the hearing, the Commissioner –

(a) may inform himself or herself about any matter in any way he or she thinks fit; and

(b) may receive oral or written evidence; and

(c) may receive evidence on oath or affirmation; and

(d) is not bound to act in a formal manner; and

(e) is not bound by the rules of evidence.