South Australian Consolidated Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 23

23—Conduct of proceedings

        (1)         If the Tribunal is constituted for the purpose of hearing proceedings—

            (a)         the Presiding Officer or Deputy Presiding Officer, as the case may be, will preside at the proceedings; and

            (b)         the Presiding Officer or Deputy Presiding Officer will determine questions relating to the admissibility of evidence or other questions of law or procedure; and

            (c)         on other questions before the Tribunal, a decision in which any two members concur is a decision of the Tribunal.

        (1a)         The Tribunal constituted of the person presiding over the proceedings may, sitting alone—

            (a)         deal with—

                  (i)         preliminary, interlocutory or procedural matters; or

                  (ii)         questions of costs; or

                  (iii)         questions of law; or

            (b)         embody the terms of a settlement in an order,

and may, for that purpose or as a consequence, while sitting alone, make any determination or order (including a final order) that the person considers appropriate.

        (2)         The Tribunal must act according to equity, good conscience and the substantial merits of the case, without regard to technicalities and legal forms, and is not bound by the rules of evidence, but may inform itself on a matter in such manner as it thinks fit.

        (3)         Subject to subsection (4), proceedings before the Tribunal must be held in public.

        (4)         The Tribunal may, of its own motion or on the application of a party to the proceedings, direct that proceedings or a part of proceedings be held in private.

        (5)         Subject to this Act, the business of the Tribunal will be conducted in such manner as the Presiding Officer determines.