Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 6 - Tribunal powers  

Subdivision A - Hearings and evidence  

SECTION 71   REQUIREMENTS FOR TRIBUNAL ORDERS ABOUT HEARINGS, PUBLICATION AND DISCLOSURE  
Practice directions

71(1)    
In making an order under subsection 69(3) or section 70 , the Tribunal must comply with the requirements (if any) specified in the practice directions.

Considerations

71(2)    
In considering whether to make an order under subsection 69(3) or section 70 in relation to a proceeding, the Tribunal must have regard to the following:

(a)    the principle that it is desirable that hearings of proceedings in the Tribunal are held in public;

(b)    the principle that it is desirable that evidence given before the Tribunal is made available to the public;

(c)    the principle that it is desirable that evidence given before the Tribunal and the contents of documents given to the Tribunal are made available to all the parties to the proceeding;

(d)    any reasons in favour of making an order, including the following:


(i) in any case - the circumstances of the parties to the proceeding and other persons connected to the proceeding;

(ii) in any case - the harm (if any) that is likely to occur to a person if the order is not made;

(iii) in relation to an order under section 70 - the confidential nature (if any) of the information;

(e)    any other matters that the Tribunal considers relevant.


 

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