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Births, Deaths and Marriages Registration Act 1997
29GACAT hearing an application for leave etc
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29G ACAT hearing an application for leave etc
(1) An application for leave under section 29E may proceed to a
hearing—
(a) if a submission under section 29E (4) (b) is made by the young
person—
(i) after the end of the stated period under
section 29F (2) (b) (ii); or
(ii) before the end of the stated period if the young person gives
the ACAT written confirmation that the young person
wants the application to proceed; or
(b) in any other case—14 days after the application is lodged.
(2) The hearing must be held in private.
(3) Subject to subsections (4) and (5), a private hearing is taken to be a
hearing to which the ACT Civil and Administrative Tribunal
Act 2008, section 39 (Hearings in private or partly in private) applies.
Note Requirements for keeping private hearings secret are set out in the ACT
Civil and Administrative Tribunal Act 2008, s 40.
(4) The ACAT must give the public advocate a copy of any document
lodged with the ACAT or received in evidence for the hearing.
(5) The public advocate—
(a) may attend the hearing at any stage (for the whole or any part of
the hearing); and
(b) may make submissions at the hearing about any matter relating
to the application or the hearing.
Note The public advocate may also be required to report to the ACAT about a
matter—see the Human Rights Commission Act 2005, s 27BA.
(6) In addition to the young person and the public advocate, a parent or a
person with parental responsibility for the young person may also
make submissions at the hearing in relation to the application, but
only about the matters mentioned in section 29H (1).
(7) A person who attends a hearing, or makes a submission under
subsection (5) or (6), is not a party to the application.
(8) The ACAT may, by order, give directions prohibiting or restricting
the disclosure by a person who attends a hearing, or makes a
submission under subsection (5) or (6), of evidence given at the
hearing, or of a matter contained in a document lodged with the
tribunal or received in evidence by the tribunal for the hearing.
Note A similar order may be given to a party to the application under the ACT
Civil and Administrative Tribunal Act 2008, s 39.
(9) The ACAT may make an order under subsection (8) on application
by the young person or on its own initiative.
(10) A person must not contravene an order under subsection (8).