NSWIn ForceAct
Civil and Administrative Tribunal Act 2013
46Powers in relation to witnesses
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#### 46 Powers in relation to witnesses
46 Powers in relation to witnesses
> > (1) The Tribunal may—
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> > > (a) call any witness of its own motion, and
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> > > (b) examine any witness on oath or affirmation or require evidence to be verified by a statutory declaration, and
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> > > (c) examine or cross-examine any witness to such extent as the Tribunal thinks proper in order to elicit information relevant to the exercise of the functions of the Tribunal in any proceedings, and
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> > > (d) compel any witness to answer questions which the Tribunal considers to be relevant in any proceedings.
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> > (2) If the Tribunal decides to call a person as a witness under subsection (1)(a), the Tribunal may—
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> > > (a) seek to procure the voluntary attendance of the witness before it by notifying the person in such manner as it thinks appropriate in the circumstances, or
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> > > (b) issue a summons (or direct a registrar to issue a summons) to compel the attendance of the person before it.
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> > (3) Nothing in subsection (1) enables the Tribunal to compel a witness to answer a question if the witness has a reasonable excuse for refusing to answer the question.
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> **ss 46–48:** Ins 2013 No 94, Sch 1 \[25\].