New South Wales Consolidated Acts

GOVERNMENT AND RELATED EMPLOYEES APPEAL TRIBUNAL ACT 1980 - SECT 38

38 Provisions relating to formal sittings

(1) Where a sitting of the Tribunal is formal, evidence in the proceedings before the Tribunal shall be given on oath and shall be subject to cross-examination.

(2) The persons entitled to be present at a formal sitting of the Tribunal are the persons referred to in section 37 (2) (a), (b) and (c).

(3) Where a sitting of the Tribunal is formal, the sitting shall be open to the public unless the Tribunal, on the application of a person entitled, pursuant to subsection (2), to be present at the sitting, otherwise directs in relation to the whole or any part of the sitting.

(4) The persons entitled, pursuant to subsection (2), to be present at a formal sitting of the Tribunal are entitled to be represented by any other person (not being an Australian legal practitioner) and may, with leave granted at the discretion of the Senior Chairperson or presiding Chairperson, be represented by an Australian legal practitioner.

(5) A person entitled, pursuant to subsection (2), to be present at a formal sitting of the Tribunal may call and examine any witness.

(6) A person proposed to be called as a witness in proceedings at a formal sitting of the Tribunal, not being a person entitled, pursuant to subsection (2), to be present at the sitting, shall, unless the Tribunal otherwise orders, be excluded from the proceedings prior to giving evidence and the Tribunal may exclude a person proposed to be called as a witness from giving evidence if he or she has been present at the sitting prior to giving evidence.

(7) Where a sitting of the Tribunal is formal, the proceedings before the Tribunal shall be recorded.