Rail Management Act 1996

An independent panel must conduct a hearing for the purposes of determining an access regime dispute.

In any hearing for the purposes of determining an access regime dispute, an independent panel—

is not bound by technicalities, legal forms or rules of evidence but must accord procedural fairness; and

must act as speedily as a proper consideration of the access regime dispute allows, having regard to the need to carefully and quickly inquire into and investigate the access regime dispute and all matters affecting the merits, and fair settlement, of the access regime dispute; and

may inform itself of any matter relevant to the access regime dispute in any way it thinks appropriate.

An independent panel may decide the periods that are reasonably necessary for the fair and adequate presentation of the respective cases of the parties to an access regime dispute, and may require that the cases be presented within those periods.

An independent panel may require evidence or argument to be presented in writing, and may decide the matters on which it will hear oral evidence or argument.

An independent panel may decide that a hearing is to be conducted by—

telephone; or

closed circuit television; or

any other means of communication.