EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.6.45 Conduct of a formal hearing

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.6.45

At a formal hearing—

S. 2.6.45(a) amended by No. 27/2010 s. 45.

        (a)     the panel must hear and determine the matter before it; and

        (b)     the teacher who is the subject of the hearing is entitled to be present, to make submissions and to be represented; and

S. 2.6.45(c) amended by No. 19/2014 s. 24(1).

        (c)     if the hearing arises out of a complaint, any information that might enable the complainant to be identified is not to be published or broadcast and the complainant—

              (i)     in the case of a proceeding which has not been closed under paragraph (d), is entitled to be present; and

              (ii)     if not called as a witness, may make submissions with the permission of the panel; and

        (d)     the proceedings are to be open to the public unless the panel determines that the proceedings should be closed because the hearing is taking evidence of intimate, personal or financial matters; and

S. 2.6.45(e) substituted by No. 14/2013 s. 14.

        (e)     the panel may determine that any information that might enable any witness giving evidence in the proceedings to be identified is not to be published or broadcast; and

S. 2.6.45(f) substituted by No. 19/2014 s. 24(2).

        (f)     the panel may determine that any information that might enable the teacher who is the subject of the hearing to be identified prior to the making of the final determination must not be published or broadcast if the panel considers it necessary to do so to avoid prejudicing the administration of justice or for any other reason in the interests of justice; and

S. 2.6.45(g) inserted by No. 19/2014 s. 24(2).

        (g)     the panel may determine that any evidence given before it and the content of any document produced to it during the hearing must not be published or broadcast prior to or after the making of a final determination if the panel considers it necessary to do so to avoid prejudicing the administration of justice or for any other reason in the interests of justice.

S. 2.6.45A inserted by No. 14/2013 s. 15.