(1) Unless another
provision of this Act provides otherwise, hearings of the Tribunal are to be
held in public.
(2) On the application
of a party or on its own initiative the Tribunal may, in the circumstances
described in subsection (4), order that a hearing or any part of it be held in
private and that only specified persons may be present.
(3) The
Tribunal’s power to make an order under subsection (2) is exercisable by
—
(a) a
legally qualified member; or
(b) the
presiding member if the Tribunal as constituted for a hearing does not consist
of or include a legally qualified member.
(4) The Tribunal may
make an order under subsection (2) if the Tribunal considers it is necessary
to do so —
(a) to
avoid endangering the national or international security of Western Australia
or Australia; or
(b) to
avoid damaging inter-governmental relations; or
(c) to
avoid prejudicing the administration of justice; or
(d) to
avoid endangering the physical or mental health or safety of any person; or
(e) to
avoid offending public decency or morality; or
(f) to
avoid endangering property; or
(g) to
avoid the publication of confidential information or information the
publication of which would be contrary to the public interest; or
(h) for
any other reason in the interests of justice.