Access
103 Access
Each active party in a proceeding must be given a reasonable opportunity to present the active party’s case and, in particular—
to access, before the start of a hearing, a document before the tribunal that the tribunal considers is relevant to an issue in the proceeding; and
to access, during a hearing, a document or other information before the tribunal that the tribunal considers is credible, relevant and significant to an issue in the proceeding; and
to make submissions about a document or other information accessed under this subsection.
Each active party in a proceeding, or person the tribunal considers has a sufficient interest in the proceeding, must be given a reasonable opportunity to access, within a reasonable time after a hearing, a document before the tribunal that the tribunal considered credible, relevant and significant to an issue in the proceeding.
For subsections (1) and (2), something is relevant only if it is directly relevant.
On request, the tribunal must give access to a document or other information in accordance with this section.
The tribunal may displace the right to access a document or other information only by a confidentiality order.
To remove any doubt, it is declared that the right to access a document or other information is not affected by an adult evidence order, a closure order or a non-publication order.
This Act’s bill:Explanatory memorandum
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