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Police Administration Act 1978
84BConduct of hearing
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84B Conduct of hearing
(1) At a hearing into a charge of breach of discipline by a member:
(a) the member may be represented by a friend, a colleague, a
legal practitioner or a member of the Police Association to
which the member belongs;
(b) the hearing may proceed in the absence of the member where
the member fails to attend and it is proved to the satisfaction
of the member or members conducting the hearing that a
notice under this Part was served on the member;
(c) the standard of proof to be applied in relation to the hearing is
the civil standard of proof, on the balance of probabilities;
(d) subject to this section, the hearing shall be at the discretion of
the prescribed member or members conducting it and shall be
conducted with as little formality and technicality as possible,
given the need to properly and equitably consider the matters
before the prescribed member or members;
(e) the prescribed member or members conducting the hearing is
or are not bound by the rules of evidence but the prescribed
member is or members are bound by the rules of natural
justice; and
(f) the prescribed member or members conducting the hearing
shall ensure that the hearing is electronically recorded.
(2) Where a member is represented by a legal practitioner at a hearing
under this section, the prescribed member or members conducting
the hearing may be assisted at the hearing by a legal practitioner.
(3) Representation or assistance provided by a legal practitioner under
this section shall be as determined by the prescribed member or
members conducting the hearing.