Aboriginal Land Act 1991
sec.223Procedure of tribunal
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sec.223 Procedure of tribunal
In a proceeding before the Land Tribunal— the procedure of the tribunal is, subject to this Act, within the discretion of the tribunal; and the tribunal must pursue the objective of performing its functions in a fair, just, economical, informal and prompt way; and the tribunal must take account of relevant cultural and customary concerns of Aboriginal people; and the tribunal is not bound by technicalities, legal forms or rules of evidence but may inform itself on anything in any way that it considers appropriate. For the purposes of subsection (1) , directions as to the procedure to be followed at or in connection with the hearing of a proceeding before the tribunal may be given— if the hearing of the proceeding has not started—by the chairperson or by a presiding member authorised by the chairperson to give directions for the purposes of this paragraph; and if the hearing of the proceeding has started—by the member presiding at the hearing or by another member authorised by the member presiding to give such directions. A direction may be varied or revoked by a member empowered to give the direction. An authorisation by the chairperson may be of general application or may relate to the hearing of a particular proceeding or class of proceedings. The chairperson may vary or revoke an authorisation. s 223 amd 1993 No. 85 s 162D (amd 1994 No. 61 s 2 sch 2 ) (sec.223-ssec.1) In a proceeding before the Land Tribunal— the procedure of the tribunal is, subject to this Act, within the discretion of the tribunal; and the tribunal must pursue the objective of performing its functions in a fair, just, economical, informal and prompt way; and the tribunal must take account of relevant cultural and customary concerns of Aboriginal people; and the tribunal is not bound by technicalities, legal forms or rules of evidence but may inform itself on anything in any way that it considers appropriate. (sec.223-ssec.2) For the purposes of subsection (1) , directions as to the procedure to be followed at or in connection with the hearing of a proceeding before the tribunal may be given— if the hearing of the proceeding has not started—by the chairperson or by a presiding member authorised by the chairperson to give directions for the purposes of this paragraph; and if the hearing of the proceeding has started—by the member presiding at the hearing or by another member authorised by the member presiding to give such directions. (sec.223-ssec.3) A direction may be varied or revoked by a member empowered to give the direction. (sec.223-ssec.4) An authorisation by the chairperson may be of general application or may relate to the hearing of a particular proceeding or class of proceedings. (sec.223-ssec.5) The chairperson may vary or revoke an authorisation.
- (a) the procedure of the tribunal is, subject to this Act, within the discretion of the tribunal; and