73Conduct of appeal hearing

73 Conduct of appeal hearing

(1) Subject to these Regulations and any guidelines issued under subregulation (6), the Appeal Panel may determine the procedure of the hearing of an appeal, including whether any person may attend the hearing by audio visual link or audio link.

(2) Before the hearing of an appeal—

(a) the Appeal Panel may invite submissions from—

(i) the appellant; and

(ii) the hearing officer who made the determination that is subject to appeal; and

(iii) the Chief Officer; and

(iv) any other person whose submissions the Appeal Panel considers relevant for determining the appeal; and

(b) if the appellant consents, the Appeal Panel may determine the appeal on the basis of submissions.

(3) At the hearing of an appeal—

(a) the appellant is entitled to be present, to make submissions and to be represented; and

(b) the Appeal Panel must conduct the hearing with as little formality and technicality as the requirements of this Division and the proper consideration of the matter permit; and

(c) the Appeal Panel is not bound by rules of evidence but may inform itself in any way it thinks fit; and

(d) the Appeal Panel is bound by the rules of procedural fairness.

(4) Despite subregulation (3)(a), the Appeal Panel may conduct the hearing of an appeal without the presence or submissions of the appellant if the appellant is given a reasonable opportunity to make submissions and attend the hearing.

(5) The Appeal Panel may adjourn the hearing of an appeal if the Appeal Panel considers it necessary in the circumstances to do so.

(6) From time to time, the chairperson of the Authority may issue guidelines relating to the procedure for hearing an appeal.