sec.249Conduct of tribunal proceedings

### sec.249 Conduct of tribunal proceedings Subject to section 237 , the chairperson of a tribunal must decide how tribunal proceedings are to be conducted. The tribunal may decide the proceedings on submissions. If the proceedings are to be decided on submissions, the tribunal must give all parties a notice asking for the submissions to be made to the tribunal within a stated reasonable period. Otherwise, the tribunal must give notice of the time and place of the hearing to all parties. The tribunal may decide the proceedings without a party’s submission (written or oral) if— for proceedings to be decided on submissions—the party’s submission is not received within the time stated in the notice given under subsection (3) ; or for proceedings to be decided by hearing—the person, or the person’s agent, does not appear at the hearing. When hearing proceedings, the tribunal— need not proceed in a formal way; and is not bound by the rules of evidence; and may inform itself in the way it considers appropriate; and may seek the views of any person; and must ensure all persons appearing before the tribunal have a reasonable opportunity to be heard; and may prohibit or regulate questioning in the hearing. If, because of the time available for the proceedings, a person does not have an opportunity to be heard, or fully heard, the person may make a submission to the tribunal. s 249 amd 2017 No. 12 s 52 (sec.249-ssec.1) Subject to section 237 , the chairperson of a tribunal must decide how tribunal proceedings are to be conducted. (sec.249-ssec.2) The tribunal may decide the proceedings on submissions. (sec.249-ssec.3) If the proceedings are to be decided on submissions, the tribunal must give all parties a notice asking for the submissions to be made to the tribunal within a stated reasonable period. (sec.249-ssec.4) Otherwise, the tribunal must give notice of the time and place of the hearing to all parties. (sec.249-ssec.5) The tribunal may decide the proceedings without a party’s submission (written or oral) if— for proceedings to be decided on submissions—the party’s submission is not received within the time stated in the notice given under subsection (3) ; or for proceedings to be decided by hearing—the person, or the person’s agent, does not appear at the hearing. (sec.249-ssec.6) When hearing proceedings, the tribunal— need not proceed in a formal way; and is not bound by the rules of evidence; and may inform itself in the way it considers appropriate; and may seek the views of any person; and must ensure all persons appearing before the tribunal have a reasonable opportunity to be heard; and may prohibit or regulate questioning in the hearing. (sec.249-ssec.7) If, because of the time available for the proceedings, a person does not have an opportunity to be heard, or fully heard, the person may make a submission to the tribunal. - (a) for proceedings to be decided on submissions—the party’s submission is not received within the time stated in the notice given under subsection (3) ; or - (b) for proceedings to be decided by hearing—the person, or the person’s agent, does not appear at the hearing. - (a) need not proceed in a formal way; and - (b) is not bound by the rules of evidence; and - (c) may inform itself in the way it considers appropriate; and - (d) may seek the views of any person; and - (e) must ensure all persons appearing before the tribunal have a reasonable opportunity to be heard; and - (f) may prohibit or regulate questioning in the hearing.