Section 32(6)(c)(ii) of the State Administrative Tribunal Act 2004 (WA) does not confer a right to cross-examine witnesses before the Tribunal; rather, it articulates aspects of the Tribunal's procedural fairness obligation. Whether procedural fairness requires cross-examination depends on the circumstances, including the nature of the proceedings, the likely utility of the cross-examination, and the risk of prejudice. In immediate action proceedings under the Health Practitioner Regulation National Law, the inquiry is directed to future risk rather than determining what occurred, which tends against permitting cross-examination on the merits of the underlying allegations.
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