Queensland Civil and Administrative Tribunal Act 2009
sec.98Powers relating to witnesses
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sec.98 Powers relating to witnesses
In a hearing of a proceeding, the tribunal may— on its own initiative call any person to give evidence; or examine a witness on oath or require a witness to give evidence by affidavit; or examine or cross-examine a witness to the extent the tribunal considers appropriate to obtain information relevant to performing its functions in the proceeding; or compel a witness to answer questions the tribunal considers relevant to the proceeding. Subsection (1) does not allow the tribunal to compel a witness to answer a question if the witness has a reasonable excuse for refusing to answer the question. Without limiting subsection (2) , it is a reasonable excuse for a witness to refuse to answer a question if answering the question might tend to incriminate the person. (sec.98-ssec.1) In a hearing of a proceeding, the tribunal may— on its own initiative call any person to give evidence; or examine a witness on oath or require a witness to give evidence by affidavit; or examine or cross-examine a witness to the extent the tribunal considers appropriate to obtain information relevant to performing its functions in the proceeding; or compel a witness to answer questions the tribunal considers relevant to the proceeding. (sec.98-ssec.2) Subsection (1) does not allow the tribunal to compel a witness to answer a question if the witness has a reasonable excuse for refusing to answer the question. (sec.98-ssec.3) Without limiting subsection (2) , it is a reasonable excuse for a witness to refuse to answer a question if answering the question might tend to incriminate the person.
- (a) on its own initiative call any person to give evidence; or
- (b) examine a witness on oath or require a witness to give evidence by affidavit; or
- (c) examine or cross-examine a witness to the extent the tribunal considers appropriate to obtain information relevant to performing its functions in the proceeding; or
- (d) compel a witness to answer questions the tribunal considers relevant to the proceeding.