Queensland Civil and Administrative Tribunal Act 2009
sec.95Evidence
Start here
Get a plain-English read of sec.95
Turn the raw legal text into a practical explanation grounded in Queensland Civil and Administrative Tribunal Act 2009.
sec.95 Evidence
The tribunal must allow a party to a proceeding a reasonable opportunity to— call or give evidence; and examine, cross-examine and re-examine witnesses; and make submissions to the tribunal. Despite subsection (1) — the tribunal may refuse to allow a party to a proceeding to call evidence on a matter if the tribunal considers there is already sufficient evidence about the matter before the tribunal; and the tribunal may refuse to allow a party to a proceeding to cross-examine a witness about a matter if the tribunal considers— there is sufficient evidence about the matter before the tribunal; and the evidence has been sufficiently tested by cross-examination; and for an expedited hearing under section 94 , cross-examination or re-examination of witnesses is at the discretion of the tribunal, subject to the rules. Also, the tribunal may place time limits on the giving of evidence and on the examination, cross-examination and re-examination of witnesses. Evidence in a hearing— may be given orally or in writing; and if the tribunal requires, must be given on oath or by affidavit. A member or adjudicator may administer or cause to be administered an oath for the purpose of taking evidence at a hearing. A child can not be compelled to take an oath. (sec.95-ssec.1) The tribunal must allow a party to a proceeding a reasonable opportunity to— call or give evidence; and examine, cross-examine and re-examine witnesses; and make submissions to the tribunal. (sec.95-ssec.2) Despite subsection (1) — the tribunal may refuse to allow a party to a proceeding to call evidence on a matter if the tribunal considers there is already sufficient evidence about the matter before the tribunal; and the tribunal may refuse to allow a party to a proceeding to cross-examine a witness about a matter if the tribunal considers— there is sufficient evidence about the matter before the tribunal; and the evidence has been sufficiently tested by cross-examination; and for an expedited hearing under section 94 , cross-examination or re-examination of witnesses is at the discretion of the tribunal, subject to the rules. (sec.95-ssec.3) Also, the tribunal may place time limits on the giving of evidence and on the examination, cross-examination and re-examination of witnesses. (sec.95-ssec.4) Evidence in a hearing— may be given orally or in writing; and if the tribunal requires, must be given on oath or by affidavit. (sec.95-ssec.5) A member or adjudicator may administer or cause to be administered an oath for the purpose of taking evidence at a hearing. (sec.95-ssec.6) A child can not be compelled to take an oath.
- (a) call or give evidence; and
- (b) examine, cross-examine and re-examine witnesses; and
- (c) make submissions to the tribunal.
- (a) the tribunal may refuse to allow a party to a proceeding to call evidence on a matter if the tribunal considers there is already sufficient evidence about the matter before the tribunal; and