352JProcedure of Board

352J  Procedure of Board Directions hearings  (1) A Board member may hold a directions hearing in relation to a review. Directions before hearing commences  (2) Before the hearing of a review has commenced, any of the following persons may give directions in relation to the procedure to be followed in connection with the review:  (a) a Board member;  (b) the National Registrar;  (c) a Registrar;  (d) a Deputy Registrar;  (e) a Conference Registrar.  (3) Without limiting subsection (2), a direction under that subsection may:  (a) require any person who is a party to the review to provide further information in relation to the review; or  (b) require the Commission to provide a statement of the grounds on which the application for review will be resisted at the hearing of the review; or  (c) require any person who is a party to the review to provide a statement of matters or contentions upon which reliance is intended to be placed at the hearing of the review. Directions by Principal Member  (4) The Principal Member:  (a) may give general directions as to the procedure of the Board with respect to reviews before it, including reviews the hearings of which have not been commenced; and  (b) may give directions as to the procedure of the Board with respect to a particular review before the Board, either before or after the hearing of the review has commenced.  (5) The power of the Principal Member under subsection (4) includes the power to give directions:  (a) as to the manner of communication of documents, including electronic documents, that are required or permitted to be communicated to the Board; and  (b) as to the time at which such documents are to be taken to have been so communicated.  (6) Without limiting the documents to which subsection (5) applies, those documents include:  (a) documents, comments and supplementary reports forwarded to the Principal Member under subsection 352D(4); and  (b) notices given to the Principal Member by a party to a review for the purposes of section 352H; and  (c) documents produced to the Board under section 352Q for the purposes of the hearing of a review; and  (d) further documents and reports of investigations or examinations forwarded to the Board as a consequence of a request made under subsection (8) of this section; and  (e) documents withdrawing or discontinuing applications for review communicated to the Board under subsection 353C(2). Direction by presiding member  (7) The presiding member in respect of a review may, in respect of a matter not dealt with by directions under subsection (4), give directions as to the procedure to be followed on a hearing of the review, either before or after the hearing of the review has commenced. Requests by Principal Member  (8) The Principal Member may, in relation to a review, request the Commission:  (a) to obtain, and give to the Principal Member, further documents; or  (b) to arrange for the making of any investigation or medical examination and to give to the Principal Member a report of the investigation or examination.  (9) If a request is made under subsection (8), the Board may adjourn any hearing of the review to which the request relates. Limits on powers  (10) A direction under subsection (2), (4) or (7) must not be inconsistent with:  (a) section 352H (notice of hearing etc.); or  (b) directions under subsection 359CL(2).  (11) In giving a direction or making a request under this section, the Principal Member or a presiding member must have regard to the Board’s objective in section 359BA. Note: A direction under subsection (2), (4) or (7) that is given in writing is not a legislative instrument (see section 353U).