EXCLUSIONS: DISCRETIONARY– where respondent seeks exclusion of evidence –objection to preliminary complaint evidence
where complaints made immediately after alleged conduct subject of the substantive proceeding
Quick Take
1In disciplinary proceedings before QCAT, preliminary complaint evidence — analogous to that admissible in criminal sexual offence trials — may be received in the Board's case-in-chief where the respondent's denials make plain that the complainant's credibility will be in issue, without requiring credibility to be first challenged in cross-examination or an allegation of recent invention to be raised.
2Although QCAT is not bound by the rules of evidence under s 28(3)(b) of the QCAT Act, those rules remain an important touchstone for fairness and probative value, consistent with R v The War Pensions Entitlement Appeal Tribunal; ex parte Bott (1933) 50 CLR 228.
3Evidence that does not go to any allegation pressed by the applicant and is more prejudicial than probative may be struck out, even in proceedings where the Tribunal has broad discretion to receive evidence.
