New South Wales Consolidated Acts

GOVERNMENT AND RELATED EMPLOYEES APPEAL TRIBUNAL ACT 1980 - SECT 44

44 Discovery of documents, attendance of witnesses etc

(1) In relation to an appeal, the Senior Chairperson or a Chairperson, by instrument in writing:

(a) may require a person, being an employer or any person entitled, pursuant to section 37 (2) or 38 (2), to be present at a sitting of the Tribunal for the purpose of hearing the appeal, to produce, on or before such date as is specified in the instrument, for the inspection of any other such person so specified, any document or exhibit relevant to the appeal and which is so specified,

(b) may require a person referred to in paragraph (a) to do either or both of the following things, namely:

(i) to lodge with the Tribunal, on or before such date as is specified in the instrument, a written case setting out the arguments on which the person relies in relation to the appeal,

(ii) to serve, on or before such date as is specified in the instrument, on any other such person so specified, a copy of a written case referred to in subparagraph (i),

(c) may require the persons referred to in paragraph (a) to lodge with the Tribunal, on or before such date as is specified in the instrument, a statement of such facts or matters as are agreed upon between them in relation to the appeal,

(d) may require any person to appear before the Tribunal and to give evidence, and

(e) may require any person to produce before the Tribunal any document or exhibit relevant to the appeal.

(2) A person who fails or neglects to comply with a requirement made of the person under subsection (1) is guilty of an offence against this Act and liable on conviction before the Local Court to a penalty not exceeding 5 penalty units.