Principles governing hearings
5 Principles governing hearings
In any proceedings for a prescribed order—
the qualified magistrate is not bound by the rules of evidence but may inform himself or herself as the qualified magistrate thinks fit; and
the qualified magistrate must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.
Without limiting subclause (1) and despite any other clause, but subject to subclause (3), a qualified magistrate may, if he or she thinks it appropriate, conduct all or part of any proceedings entirely on the basis of documents without the applicant or any representative attending or participating in a hearing.
Subclause (2) does not apply if the Attorney‑General or another Minister, or the Commissioner of Police, has intervened in the proceedings.
A qualified magistrate may, if satisfied that an application for a prescribed order is vexatious, misconceived or lacking in substance, dismiss the application without holding a hearing.
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