92Manner of exercise of arbitrator’s functions

#### 92 Manner of exercise of arbitrator’s functions 92 Manner of exercise of arbitrator’s functions (cf PH Act s 29N) > > (1) In making a determination under this part, the arbitrator— > > > > > (a) is not bound by the rules of evidence and may inform themselves on any matter as the arbitrator sees fit, and > > > > > (b) must act judicially and be governed by equity and good conscience, without regard to technicalities or legal forms. > > > (2) In making a determination under this part, the arbitrator must— > > > > > (a) have regard to the established principles of the Industrial Relations Commission in connection with the determination of remuneration and terms and conditions of work under awards made under the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), and > > > > > (b) take into account the public interest and, for that purpose, have regard to— > > > > > > > (i) the objects of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), other than the objects specified in that Act, section 3(c)–(e), and > > > > > > > (ii) the state of the economy of New South Wales and the likely effect of the making of the determination on the economy, and > > > > > > > (iii) the fiscal position and outlook of the Government and the likely effect of the making of the determination on the position and outlook. > > **s 92:** Am 2011 No 25, Sch 4 \[1\]; 2025 No 8, Sch 1.3\[2\]–\[4\].