QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 95
Evidence
95 Evidence
(1) The tribunal must allow a party to a proceeding a reasonable opportunity
to—
(a) call or give evidence; and
(b) examine, cross-examine and
re-examine witnesses; and
(c) make submissions to the tribunal.
(2) Despite
subsection (1) —
(a) the tribunal may refuse to allow a party to a
proceeding to call evidence on a matter if the tribunal considers there is
already sufficient evidence about the matter before the tribunal; and
(b) the
tribunal may refuse to allow a party to a proceeding to cross-examine a
witness about a matter if the tribunal considers—
(i) there is sufficient
evidence about the matter before the tribunal; and
(ii) the evidence has been
sufficiently tested by cross-examination; and
(c) for an expedited hearing
under section 94, cross-examination or re-examination of witnesses is at the
discretion of the tribunal, subject to the rules.
(3) Also, the tribunal may
place time limits on the giving of evidence and on the examination,
cross-examination and re-examination of witnesses.
(4) Evidence in a
hearing—
(a) may be given orally or in writing; and
(b) if the tribunal
requires, must be given on oath or by affidavit.
(5) A member or adjudicator
may administer or cause to be administered an oath for the purpose of taking
evidence at a hearing.
