Proceedings before Tribunal
3 Proceedings before Tribunal
The Tribunal must in relation to any proceedings before the
Tribunal give the Commissioner and the applicant (the
parties to the proceedings) reasonable notice of the time and place at which the proceedings are to be heard and must afford them a reasonable opportunity to call or give evidence, to examine or cross-examine witnesses and to make submissions to the Tribunal.
Subject to subclause (3), a party to proceedings before the
Tribunal is entitled to appear personally, or by representative, in the proceedings.
A party is not entitled to be represented by a legal practitioner in proceedings under Division
3 of
Part
8.
If a party to whom notice has been given under subclause (1) does not attend at the time and place fixed by the notice, the Tribunal may proceed in the absence of the party.
In its proceedings under this Act, the Tribunal—
will act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms;
and
is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks fit.
The Tribunal must keep a record of any evidence taken during proceedings.
The Tribunal may decline to hear or determine proceedings that appear to be trivial, frivolous or vexatious.
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