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Public Sector Employment and Management Act 1993
59FConduct of appeal
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59F Conduct of appeal
(1) Subject to this section, an appeal board may conduct an appeal in
the way the appeal board considers appropriate.
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(2) The appeal board must conduct the appeal:
(a) as expeditiously as is reasonably practicable; and
(b) with as little formality and technicality as is reasonably
practicable; and
(c) in private, unless all parties agree otherwise; and
(d) in accordance with the regulations.
(3) In conducting the appeal, the appeal board:
(a) is not bound by the rules of evidence but must comply with
natural justice; and
(b) is not required to hold a hearing.
(4) Without limiting subsection (1), the appeal board may do one or
more of the following:
the appeal board considers appropriate;
(b) consult with persons as the appeal board considers
(c) make inquiries as the appeal board considers appropriate.
(5) Without limiting subsection (4)(a), the appeal board may require a
person to do one or more of the following:
(a) appear before the appeal board;
(b) give information to the appeal board, on oath or otherwise;
(c) produce information or documents to the appeal board;
(d) verify information or a document by statutory declaration.
(6) A person appearing before the appeal board may be represented
by a legal practitioner or agent only with the leave of the appeal
board.
(7) A person must comply with a requirement under subsection (5).
Maximum penalty: 43 penalty units.
(8) An offence against subsection (7) is an offence of strict liability.
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(9) It is a defence to a prosecution for an offence against
subsection (7) if the person establishes a reasonable excuse.
(10) Without limiting subsection (9), it is a reasonable excuse if
complying with the requirement might tend to incriminate the
person.