New South Wales Consolidated Acts

GOVERNMENT AND RELATED EMPLOYEES APPEAL TRIBUNAL ACT 1980 - SECT 37

37 Provisions relating to informal sittings

(1) Where a sitting of the Tribunal is informal, the proceedings before the Tribunal shall not be conducted in an adversary manner and shall, subject to this Act, be conducted in accordance with such directions as may be given by the Senior Chairperson or Chairperson presiding at the sitting.

(2) The persons entitled to be present at an informal sitting of the Tribunal are:

(a) an appellant whose appeal is being heard by the Tribunal,

(b) a person appointed by the employer against whose decision the appeal is brought, being a person appointed generally or in respect of a particular appeal or class of appeals, and

(c) where the appeal is an appeal under section 20, the employee in whose favour the decision referred to in paragraph (b) has been made.

(3) The persons entitled, pursuant to subsection (2), to be present at an informal sitting of the Tribunal are not entitled to be represented by an Australian legal practitioner or an agent or otherwise.

(4) A person entitled, pursuant to subsection (2), to be present at an informal sitting of the Tribunal:

(a) being a person referred to in subsection (2) (a) or (c), may adduce, orally and in writing, to the Tribunal such matters, and address the Tribunal on such matters, as are relevant to the appeal,

(a1) being a person referred to in subsection (2) (b), may adduce in writing to the Tribunal such matters as are relevant to the appeal and may, at the request of the Tribunal, address the Tribunal, otherwise than in writing, on any matter,

(b) may produce documents or exhibits to the Tribunal, and

(c) may with the leave of the Tribunal, and shall, where directed to do so by the Tribunal, give evidence on oath.

(5) A person entitled, pursuant to subsection (2), to be present at an informal sitting of the Tribunal shall not:

(a) call or examine any witness, or

(b) cross-examine any other such person.

(6) Where a sitting of the Tribunal is informal, the proceedings before the Tribunal shall not be recorded unless the Senior Chairperson or Chairperson presiding at the sitting otherwise directs.