ABORIGINAL LAND ACT 1991 - SECT 225 Hearings to be in public except in special circumstances

ABORIGINAL LAND ACT 1991 - SECT 225

225 Hearings to be in public except in special circumstances

(1) Subject to this section, the hearing of a proceeding before the Land Tribunal is to be in public.

(2) If the tribunal is satisfied that it is desirable to do so because of the confidential nature of any evidence or matter or for any other reason, the tribunal may, by order—

(a) direct that a hearing or part of a hearing is to take place in private and give directions as to the persons who may be present; or

(b) give directions prohibiting or restricting the publication of evidence given before the tribunal, whether in public or in private, or of matters contained in documents lodged with the tribunal or received in evidence by the tribunal; or

(c) give directions prohibiting or restricting the disclosure to some or all of the parties to a proceeding of evidence given before the tribunal, or of matters contained in documents lodged with the tribunal or received in evidence by the tribunal.

(3) In considering—

(a) whether the hearing of a proceeding should be held in private; or

(b) whether publication, or disclosure to a party, of evidence, or of a matter contained in a document or received in evidence, should be prohibited or restricted;

the tribunal is to take as the basis of its consideration the principle that it is desirable that the hearing of a proceeding before the tribunal should be held in public and that evidence given before the tribunal and the contents of documents lodged with the tribunal or received in evidence by the tribunal should be made available to the public and to all the parties, but must pay due regard to any reasons given to the tribunal why the hearing should be held in private or why publication or disclosure of the evidence or matter should be prohibited or restricted, particularly if those reasons are based on any applicable Aboriginal tradition.