sec.29Ensuring proper understanding and regard

sec.29 Ensuring proper understanding and regard

The tribunal must take all reasonable steps to— ensure each party to a proceeding understands— the practices and procedures of the tribunal; and the nature of assertions made in the proceeding and the legal implications of the assertions; and any decision of the tribunal relating to the proceeding; and understand the actions, expressed views and assertions of a party to or witness in the proceeding, having regard to the party’s or witness’s age, any disability, and cultural, religious and socioeconomic background; and ensure proceedings are conducted in a way that recognises and is responsive to— cultural diversity, Aboriginal tradition and Island custom, including the needs of a party to or witness in the proceeding who is from another culture or linguistic background or is an Aboriginal person or Torres Strait Islander; and the needs of a party to, or witness in, the proceeding who is a child or a person with impaired capacity or a physical disability. The steps that can be taken for ensuring a person understands something mentioned in subsection (1) (a) include, for example— explaining the matters to the person; or having an interpreter or other person able to communicate effectively with the person give the explanation; or supplying an explanatory note in English or another language. (sec.29-ssec.1) The tribunal must take all reasonable steps to— ensure each party to a proceeding understands— the practices and procedures of the tribunal; and the nature of assertions made in the proceeding and the legal implications of the assertions; and any decision of the tribunal relating to the proceeding; and understand the actions, expressed views and assertions of a party to or witness in the proceeding, having regard to the party’s or witness’s age, any disability, and cultural, religious and socioeconomic background; and ensure proceedings are conducted in a way that recognises and is responsive to— cultural diversity, Aboriginal tradition and Island custom, including the needs of a party to or witness in the proceeding who is from another culture or linguistic background or is an Aboriginal person or Torres Strait Islander; and the needs of a party to, or witness in, the proceeding who is a child or a person with impaired capacity or a physical disability. (sec.29-ssec.2) The steps that can be taken for ensuring a person understands something mentioned in subsection (1) (a) include, for example— explaining the matters to the person; or having an interpreter or other person able to communicate effectively with the person give the explanation; or supplying an explanatory note in English or another language.

• (a) ensure each party to a proceeding understands— (i) the practices and procedures of the tribunal; and (ii) the nature of assertions made in the proceeding and the legal implications of the assertions; and (iii) any decision of the tribunal relating to the proceeding; and