sec.111Helping the tribunal

sec.111 Helping the tribunal

The tribunal may— ask an assessor to give expert evidence in a proceeding; or engage an assessor to help the tribunal in a proceeding, including, for example— to help the tribunal comply with section 29 ; or to sit with the tribunal for giving advice about the proceeding; or refer a question of fact arising in a proceeding to an assessor for the assessor to decide the question and give the tribunal a written report stating the decision and the reasons for it; or ask an assessor to give advice to the tribunal. In asking an assessor to give advice under subsection (1) (d) , the tribunal may ask the assessor to conduct an inquiry or investigation into a matter and give a written report of the assessor’s findings in the inquiry or investigation. If an assessor gives the tribunal a written report of the assessor’s decision under subsection (1) (c) , or the assessor’s findings in an inquiry or investigation under subsection (2) , the tribunal— must give a copy of the report to— each party to the proceeding; and each other person to whom a copy of the report is required to be given under an enabling Act or the rules; and must give each party to the proceeding an opportunity to make written submissions about the report; and after considering any submissions made under paragraph (b) , may either— adopt the assessor’s decision or findings, in whole or in part; or reject the decision or findings. (sec.111-ssec.1) The tribunal may— ask an assessor to give expert evidence in a proceeding; or engage an assessor to help the tribunal in a proceeding, including, for example— to help the tribunal comply with section 29 ; or to sit with the tribunal for giving advice about the proceeding; or refer a question of fact arising in a proceeding to an assessor for the assessor to decide the question and give the tribunal a written report stating the decision and the reasons for it; or ask an assessor to give advice to the tribunal. (sec.111-ssec.2) In asking an assessor to give advice under subsection (1) (d) , the tribunal may ask the assessor to conduct an inquiry or investigation into a matter and give a written report of the assessor’s findings in the inquiry or investigation. (sec.111-ssec.3) If an assessor gives the tribunal a written report of the assessor’s decision under subsection (1) (c) , or the assessor’s findings in an inquiry or investigation under subsection (2) , the tribunal— must give a copy of the report to— each party to the proceeding; and each other person to whom a copy of the report is required to be given under an enabling Act or the rules; and must give each party to the proceeding an opportunity to make written submissions about the report; and after considering any submissions made under paragraph (b) , may either— adopt the assessor’s decision or findings, in whole or in part; or reject the decision or findings.

• (a) ask an assessor to give expert evidence in a proceeding; or