Tribunal to ensure it has all relevant information and material
130 Tribunal to ensure it has all relevant information and material
To hear and decide a matter in a proceeding, the tribunal must ensure, as far as it considers it practicable, it has all the relevant information and material.
At the tribunal’s request, a person who has custody or control of information or material that the tribunal considers is necessary to make an informed decision about the matter must give the information or material to the tribunal, unless the person has a reasonable excuse.
The tribunal may order a person to give information or material to the tribunal.
If the tribunal orders a person to give it information or material, the person must comply with the order, unless the person has a reasonable excuse.
It is a reasonable excuse for a person to fail to give information or material because giving the information or material might tend to incriminate the person.
Subject to subsection (5), this section overrides—
any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and
any claim of confidentiality or privilege, including a claim based on legal professional privilege.
This Act’s bill:Explanatory memorandum
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