New South Wales Consolidated Acts

TRANSPORT APPEAL BOARDS ACT 1980 - SECT 11C

11C Provisions relating to informal proceedings

(1) Informal proceedings of a Board are not to be conducted in an adversarial manner and, subject to this Act, are to be conducted in accordance with such directions as may be given by the Chairperson.

(2) The persons entitled to be present at informal proceedings of a Board are:

(a) the appellant whose appeal is being heard by the Board, and

(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) the employee in whose favour the decision referred to in paragraph (b) has been made.

(3) A person who is entitled to be present at informal proceedings is not entitled to be represented by any person.

(4) A person who is entitled to be present at informal proceedings:

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

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

(c) may produce documents or exhibits to the Board, and

(d) may with the leave of the Board, and must, if directed to do so by the Board, give evidence on oath.

(5) A person who is entitled to be present at informal proceedings cannot:

(a) call or examine any witness, or

(b) cross-examine any other such person.

(6) Informal proceedings of a Board are not to be recorded unless the Chairperson otherwise directs.