New South Wales Consolidated Acts

TRANSPORT APPEAL BOARDS ACT 1980 - SECT 11D

11D Provisions relating to formal sittings

(1) Evidence in formal proceedings of a Board is to be given on oath and is subject to cross-examination.

(2) The persons entitled to be present at formal proceedings 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) Formal proceedings are to be open to the public unless the Board, on the application of a person who is entitled to be present at the proceedings, otherwise directs in relation to the whole or any part of the proceedings.

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

(a) is entitled to be represented by any person other than an Australian lawyer, and

(b) may, with the leave of the Chairperson, be represented by an Australian lawyer.

(5) A person who is entitled to be present at formal proceedings may call and examine any witness.

(6) A person proposed to be called as a witness in formal proceedings, not being a person who is entitled to be present at the proceedings, must, unless the Board otherwise orders, be excluded from the proceedings before giving evidence and the Board may exclude a person proposed to be called as a witness from giving evidence if he or she has been present at the proceedings before giving evidence.

(7) Formal proceedings are to be recorded.