195Conducting proceedings of the Tribunal

195 Conducting proceedings of the Tribunal (1) In any proceeding of the Tribunal, the deputy of the chairperson is to preside in the absence of the chairperson. (2) A determination of an application for review must be made by a majority of the persons hearing the application. (3) The Tribunal must give any party to the proceeding— (a) reasonable notice of the proceeding; and (b) a reasonable opportunity to be heard. (4) The Tribunal, in determining an application for review— (a) must act according to the substantial merits of the case and without regard to legal forms and technicalities; and (b) may proceed and inform itself in any manner it thinks fit and may regulate its own proceedings; and (c) is bound by the rules of natural justice; and (d) is not bound by any rule or practice as to evidence. S. 195(5) amended by No. 18/2005 s. 18(Sch. 1 item 44.4). (5) A party to any proceeding before the Tribunal may appear and be heard before the Tribunal personally or by an Australian lawyer or by a person authorised in that behalf by that party. (6) The Tribunal may, on the application of the applicant, order that the determination or the operation or implementation of the determination to which the application for review relates, be stayed pending the determination of the application for review, if the Tribunal considers that it is desirable to do so after taking into account the interests of any person who may be affected by the application for review. (7) For the purposes of subsection (6), an application to stay a determination, or the operation or implementation of a determination, may, with the consent of the applicant for review, be heard and determined by the chairperson sitting alone.