75Panel hearings

75 Panel hearings

(1) Subject to this Act, a Panel may determine the procedure of its hearings.

(2) A Panel may conduct all or part of a hearing into a matter referred to it under section 55(4)(b) or 63(b) on the basis of documents without any physical appearance of the Regulator, the WCES worker or carer who is the subject of the matter or the worker or carer's representatives or witnesses if the Panel reasonably considers that this would not cause substantial prejudice to the worker or carer.

(3) At a hearing conducted by a Panel—

(a) the Panel must conduct the hearing with as little formality and technicality as the requirements of this Part and the proper consideration of the matter permit; and

(b) the Panel is not bound by rules of evidence but may inform itself in any way it thinks fit; and

(c) the Panel is bound by the rules of natural justice; and

(d) the WCES worker or carer who is the subject of the matter has the right to be present, to make submissions and to be legally represented; and

(e) the Regulator may present information to the Panel; and

(f) the Panel may examine evidence or a person present at the hearing.

(4) Despite subsection (3)(d), a Panel may conduct a hearing into a matter without the presence or submissions of the WCES worker or carer who is the subject of the matter if the worker or carer is given a reasonable opportunity to attend the hearing and make submissions.

(5) A hearing must be closed to the public unless the Panel orders that the hearing is to be open to the public.

(6) When considering whether to make an order under subsection (5), the Panel must take into account whether a closed hearing is necessary—

(a) to protect the safety or privacy of any person; or

(b) to promote the best interests of a child; or

(c) to avoid causing undue stress or embarrassment to a witness at the hearing; or

(d) to protect the fairness of the hearing; or

(e) in the public interest.