PART 1 - Membership and proceedings of Panel

Section 96A

1.    Disclosure of interests

(1) If a member of the Panel has or acquires an interest (whether pecuniary or otherwise) that would or may conflict with the proper performance of the member's functions in relation to a matter being considered or about to be considered by the Panel, the member must disclose the nature of that interest to the Panel as soon as practicable after becoming aware of the conflict or possible conflict, and no later than at the next meeting of the Panel.

(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting of the Panel and the member must not, unless the Panel otherwise determines –

(a) be present during any deliberation of the Panel with respect to that matter; or

(b) take part in any decision of the Panel with respect to that matter.

(3) For the purpose of making a determination by the Panel under subclause (2) in relation to a member who has made a disclosure under subclause (1) , a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not take part in the making by the Panel of the determination.

2.    Deputies of members

(1) For the purposes of this clause, a member of the Panel is absent if he or she –

(a) is absent from duty; or

(b) is otherwise unable to perform the functions of the office of member of the Panel.

(2) If the chairperson of the Panel is absent, a person acting or entitled to act in the position of chairperson of the Tasmanian Planning Commission is taken to be the chairperson of the Panel.

(3) If a member of the Panel other than the chairperson is absent, that member's deputy is taken to be a member of the Panel.

3.    Validity of proceedings, &c.

All acts and proceedings of the Panel or of any person acting pursuant to any direction of the Panel are, despite the subsequent discovery that any person was disqualified from acting as, or incapable of being, a member of the Panel, as valid as if the member was qualified to act as, or capable of being, a member and as if the Panel had been fully constituted.

4.    Presumptions

In any proceedings by or against the Panel, unless evidence is given to the contrary, no proof is required of –

(a) the constitution of the Panel; or

(b) any resolution of the Panel; or

(c) the presence of a quorum at any meeting of the Panel.

PART 2 - Meetings conducted by Panel

5.    Convening of meetings of Panel

Meetings of the Panel may be convened by the chairperson of the Panel or by any 2 members of the Panel.

6.    Procedure at meetings

(1) Three members of the Panel of whom one must be the chairperson form a quorum at any duly convened meeting of the Panel.

(2) Any duly convened meeting of the Panel at which a quorum is present is competent to transact any business of the Panel.

(3) Questions arising at a meeting of the Panel are to be determined by a majority of votes of the members of the Panel present and voting.

(4) In the case of an equality of votes, the chairperson of the Panel has a casting vote.

7.    General procedure

The procedure for the calling of, and for the conduct of business at, meetings of the Panel is, subject to this Act, to be as determined by the Panel.

PART 3 - Hearings conducted by Panel

8.    Interpretation

In this Part,

hearing means a hearing conducted by the Panel.

9.    Convening of hearing of Panel

A hearing may be convened by –

(a) the chairperson of the Panel; or

(b) any 2 members of the Panel.

10.    Directions about hearings

(1) The Panel may give directions about –

(a) the times and the places of hearings; and

(b) matters preliminary to hearings; and

(c) the conduct of hearings.

(2) The Panel may refuse to hear any person who fails to comply with a direction of the Panel.

11.    Hearings

(1) If the Panel conducts a hearing –

(a) the procedure of the hearing is, subject to this Part, to be determined by the Panel; and

(b) the Panel –

(i) may inform itself about any matter in any way that it considers appropriate; and

(ii) may receive oral or written evidence; and

(iii) may consult with such persons as it thinks appropriate; and

(iv) is not bound to act in a formal manner; and

(v) is not bound by the rules of evidence; and

(vi) must observe the rules of natural justice.

(2) Before beginning a hearing, the Panel must give reasonable notice of the hearing in at least 2 daily newspapers published in Tasmania, of which at least one circulates in the region in which the hearing is to be conducted.

(3) The notice under subclause (2) is to state –

(a) the subject of the hearing; and

(b) the time when, and place at which, the hearing is to be conducted.

12.    Hearings procedure generally

(1) Subject to this clause, a hearing is to be conducted in public.

(2) At its discretion, or on the application of a person, the Panel may take evidence in private if the Panel considers that –

(a) the evidence to be given at a hearing is of a confidential nature; and

(b) the interest in confidentiality is greater than the interest in having the evidence taken in public.

(3) The Panel may permit or require a person who is to give evidence at a hearing to do so in writing.

(4) At a hearing, the Panel may take evidence, or require evidence to be given, on oath or affirmation.

13.    Representation at hearing

(1) At a hearing, a party to the hearing may –

(a) appear in person; or

(b) be represented by some other person, whether or not that other person is enrolled or admitted as an Australian legal practitioner.

(2) Despite subclause (1) , the Panel may refuse to allow a party to the hearing to be represented by another person if the Panel is satisfied that another party to the hearing would be significantly disadvantaged by the representation.

14.    Written evidence and submission documents to be made public

(1) The Panel is to make available to the public, in any way it thinks appropriate –

(a) the particulars of written evidence given at a hearing; and

(b) the contents of written submissions to the Panel.

(2) Despite subclause (1) , the Panel may refuse to make the particulars of written evidence, or the contents of a written submission, available to the public if the Panel considers that the evidence or submission would have been taken in private if it had been given orally at a hearing.

15.    Power to obtain information and documents

(1) The Panel, by notice in writing, may require a person to do one or more of the following:

(a) to appear at a hearing to give evidence;

(b) to produce a document specified in the notice;

(c) to give to the Panel, on or before a day specified in the notice –

(i) a statement signed by the person setting out the information specified in the notice; or

(ii) a document specified in the notice.

(2) If a document is produced or given to the Panel under subclause (1) , the Panel –

(a) may take possession of the document and make copies of, or take extracts from, it; and

(b) may retain possession of the document for such period as is necessary for the purposes of the hearing to which the document relates; and

(c) must permit the document to be inspected at all reasonable times by persons who would be entitled to inspect the document if it were not in the possession of the Panel.

16.    Failure to comply with requirement

(1) A person who has been given notice under clause 15 must not, without reasonable excuse –

(a) refuse or fail to comply with the notice; or

(b) when appearing at a hearing pursuant to the notice, refuse or fail –

(i) to take an oath or make an affirmation, if required; or

(ii) to answer a question that the person presiding at the hearing requires to be answered.

Penalty:  Fine not exceeding 20 penalty units.

(2) It is a reasonable excuse for the purposes of subclause (1) if compliance with the notice or the answer to the question will incriminate the person or make the person liable to forfeiture or a penalty.

(3) A person who has been given notice under clause 15 requiring the person to appear at a hearing must not, without reasonable excuse, refuse or fail to attend from day to day unless excused or released from further attendance by the person presiding at the hearing.

Penalty:  Fine not exceeding 20 penalty units.

17.    False or misleading evidence or information

(1) A person must not –

(a) give to the Panel information, or a document, that the person knows to be false or misleading in a material particular; or

(b) give evidence, or produce a document, at a hearing that the person knows to be false or misleading in a material particular.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months.

(2) Subclause (1) does not apply to a document if, at the time when the person gives it to the Panel or produces it at a hearing, the person informs the Panel that it is false or misleading in a material particular and specifies in which respect it is, to the person's knowledge, false or misleading.

18.    Allowances to persons giving evidence, &c.

(1) A person who appears at a hearing as required by a notice under clause 15 is entitled to be paid any allowances for travelling and other expenses as are prescribed.

(2) The Panel may pay any allowances for travelling and other expenses as are prescribed to any other person who appears at a hearing to give evidence or produce a document.

(3) If a person gives evidence to, or produces a document at, a hearing, the Panel may do one or more of the following:

(a) pay for the performance of work involved in collecting and preparing the evidence or document;

(b) reimburse expenses reasonably incurred in the collection and preparation of the evidence or document;

(c) compensate for such losses as were reasonably incurred in collecting and preparing the evidence or document.

(4) In subclause (3) ,

person includes a Government department, or a State authority, within the meaning of the State Service Act 2000 .

19.    Obstruction or improper influence of hearing

A person must not obstruct or improperly influence the conduct of a hearing of the Panel or attempt to do so.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months.

20.    Protection of members, &c.

(1) A member of the Panel does not incur any personal liability in respect of any act done or omitted to be done by the member in good faith in the performance or exercise, or purported performance or exercise, of any function or power of the Panel or in the administration or execution, or purported administration or execution, of the Act under which the Panel is established.

(2) A person summoned to attend or appearing before the Panel as a witness has the same protection as a witness in a proceeding in the Supreme Court.