Schedule 7 Procedure of Tribunal
1 Formality and technicality to be avoided
A proceeding must be conducted with as little formality and technicality, and with as much expedition, as a proper consideration of the matter before the Tribunal permits.
2 Tribunal not bound by rules of evidence
The Tribunal is not bound by the rules of evidence but may inform itself on any matter in the manner that it thinks fit.
3 Appearance and representation of parties
(1) The secretary to the Tribunal must give the parties to proceedings before the Tribunal not less than 14 days notice in writing of the time, date and place of the proceedings.
(2) A party is entitled to appear before the Tribunal personally or to be represented by a legal practitioner or other representative.
(3) A legal practitioner or other representative appearing before the Tribunal has the same liabilities, protection and immunity as a legal practitioner has in appearing for a party in proceedings before the Supreme Court.
(4) A party must be allowed a reasonable opportunity to call or give evidence, to examine or cross-examine witnesses and to make submissions to the Tribunal.
(5) The Tribunal may make a determination in proceedings in the absence of a party to the proceedings if satisfied that the party was given reasonable opportunity to appear but failed to do so.
4 Summoning of witnesses
(1) The Tribunal may, by written notice signed by the Chairperson or a member, summon a person to attend before it, at a time and place specified in the summons, to give evidence and to produce such documents in the person's custody or control as are specified in the summons.
(2) A summons under subclause (1) may be served on the person to whom it is addressed:
(a) personally; or
(b) by delivering it to a person who has apparently attained the age of 16 years and is apparently residing or employed at the premises at which the person to be served resides or carries on business.
(3) A person served with a summons to attend before the Tribunal must not, without reasonable excuse, fail to attend the Tribunal or fail to produce any documents in the person's custody or control that are specified in the summons.
Maximum penalty: If the offender is an individual – 20 penalty units and 2 penalty units for each day during which the offence continues.
If the offender is a body corporate – 100 penalty units and 10 penalty units for each day during which the offence continues.
(4) Unless the Tribunal otherwise determines, a witness is entitled to receive witness fees as if he or she was a witness in civil proceedings in the Local Court.
5 Giving of evidence
(1) The Tribunal may:
(a) require a person appearing before it to give evidence on oath; or
(b) require a person giving evidence before the Tribunal to answer a relevant question put by a member of the Tribunal or a person appearing before it (as the case may be).
(2) A person who appears as a witness before the Tribunal has the same obligations and protection as a witness in proceedings before the Supreme Court.