Queensland Civil and Administrative Tribunal Act 2009
sec.28Conducting proceedings generally
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sec.28 Conducting proceedings generally
The procedure for a proceeding is at the discretion of the tribunal, subject to this Act, an enabling Act and the rules. In all proceedings, the tribunal must act fairly and according to the substantial merits of the case. In conducting a proceeding, the tribunal— must observe the rules of natural justice; and is not bound by the rules of evidence, or any practices or procedures applying to courts of record, other than to the extent the tribunal adopts the rules, practices or procedures; and may inform itself in any way it considers appropriate; and must act with as little formality and technicality and with as much speed as the requirements of this Act, an enabling Act or the rules and a proper consideration of the matters before the tribunal permit; and must ensure, so far as is practicable, that all relevant material is disclosed to the tribunal to enable it to decide the proceeding with all the relevant facts. Without limiting subsection (3) (b) , the tribunal may admit into evidence the contents of any document despite the noncompliance with any time limit or other requirement under this Act, an enabling Act or the rules relating to the document or the service of it. (sec.28-ssec.1) The procedure for a proceeding is at the discretion of the tribunal, subject to this Act, an enabling Act and the rules. (sec.28-ssec.2) In all proceedings, the tribunal must act fairly and according to the substantial merits of the case. (sec.28-ssec.3) In conducting a proceeding, the tribunal— must observe the rules of natural justice; and is not bound by the rules of evidence, or any practices or procedures applying to courts of record, other than to the extent the tribunal adopts the rules, practices or procedures; and may inform itself in any way it considers appropriate; and must act with as little formality and technicality and with as much speed as the requirements of this Act, an enabling Act or the rules and a proper consideration of the matters before the tribunal permit; and must ensure, so far as is practicable, that all relevant material is disclosed to the tribunal to enable it to decide the proceeding with all the relevant facts. (sec.28-ssec.4) Without limiting subsection (3) (b) , the tribunal may admit into evidence the contents of any document despite the noncompliance with any time limit or other requirement under this Act, an enabling Act or the rules relating to the document or the service of it.
- (a) must observe the rules of natural justice; and
- (b) is not bound by the rules of evidence, or any practices or procedures applying to courts of record, other than to the extent the tribunal adopts the rules, practices or procedures; and
- (c) may inform itself in any way it considers appropriate; and
- (d) must act with as little formality and technicality and with as much speed as the requirements of this Act, an enabling Act or the rules and a proper consideration of the matters before the tribunal permit; and