Crown Lands (Shack Sites) Act 1997

An appeal is to be –

made on a form provided or approved by the Commissioner; and

accompanied by the prescribed fee, if any.

On lodgment of the appeal the Commissioner must notify the parties to the appeal, in writing, of the time and place at which the appeal is to be heard.

The Commissioner must hear and determine the appeal within 90 days of the day on which it is lodged or within such longer period as the Minister may allow.

The hearing of the appeal is to be open to the public.

A party to the appeal may be represented at the hearing of the appeal by another person, whether an Australian legal practitioner or not.

In hearing the appeal, the Commissioner –

must proceed with as little formality and with as much expedition as a proper consideration of the appeal permits; and

is not bound by the rules of evidence; and

may inform himself or herself on any relevant matter in such manner as he or she thinks fit.

The Commissioner –

may adjourn the hearing of the appeal from time to time or place to place as he or she thinks fit; and

may summons any person to appear and give or produce evidence by causing that person to be served with a summons; and

may require any person appearing before the Commissioner to produce any document; and

must keep accurate records in relation to the appeal and a verbatim record of the appeal hearing; and

may proceed with and determine the appeal notwithstanding the absence of a person who has been summoned to appear.

Subject to this Schedule –

section 8 and Part 3 of the Commissions of Inquiry Act 1995 apply to the hearing of an appeal by the Commissioner under this Act as if the Commissioner were a Commission established under section 4 of that Act and the matter the subject of the hearing were the matter into which that Commission had been directed to inquire under that Act; and

the Commissioner may determine his or her own procedure for the purposes of determining and hearing appeals under this Act.