Victorian Consolidated Legislation

Surveying Act 2004 - SECT 26

Conduct of a formal hearing

26. Conduct of a formal hearing

At a formal hearing-

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

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

   (c)  if the hearing arises out of a complaint, the identity of the
        complainant is not to be published or broadcast and the complainant-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 Board; 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 personal or financial matters; and

   (e)  if the panel has determined that the proceedings are closed, the panel
        may determine that the identity of any witness giving evidence in the
        proceedings is not to be published or broadcast; and

   (f)  the panel may determine that any information that might enable the
        licensed surveyor who is the subject of the hearing to be identified
        prior to the making of a final determination must not be published or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.