Part 4Principles, powers and procedures

Part 4—Principles, powers and procedures Division 1—Principles governing hearings 32—Principles governing hearings (1) On the hearing of any proceedings, but subject to the provisions of a relevant Act— (a) the procedure of the Tribunal will, subject to this Act, be conducted with the minimum of formality; and (b) the Tribunal is not bound by the rules of evidence, may adopt, as in its discretion it considers appropriate, any findings, decision or judgment of a court or other tribunal (insofar as may be relevant to the proceedings before the Tribunal), and may otherwise inform itself as it thinks fit; and (c) the Tribunal must act according to equity, good conscience and the substantial merits of the case and without regard to legal technicalities and forms. (1a) However, the rules of evidence and other formal procedures of a court of record apply to the South Australian Employment Court to the extent that the Court considers it necessary or appropriate and the Tribunal (in the exercise of any jurisdiction) may give directions about any question of evidence. (2) Nothing in this Act affects any rule or principle of law relating to— (a) legal professional privilege; or (b) "without prejudice" privilege; or (c) public interest immunity. (3) This section does not limit the operation of section 64. Division 2—Evidentiary powers 33—Power to require person to give evidence or to produce evidentiary material (1) The Tribunal may, on the application of a party to proceedings or on its own initiative, issue a summons requiring a person to appear before the Tribunal at a specified time and place to give evidence or to produce evidentiary material (or both). (2) A summons to produce evidentiary material may, instead of providing for production of the material before the Tribunal, provide for production of the material to an officer of the Tribunal, or to any person nominated in the summons. (3) The Tribunal may— (a) retain any document, object or substance produced before it for such reasonable period as it thinks fit, and make copies of any document; and (b) require a person to make an oath or affirmation (which may be administered by any member or officer of the Tribunal) to answer truthfully questions put by any member of the Tribunal or any person appearing before the Tribunal; and (c) require any person to answer any questions put by any member of the Tribunal or any person appearing before the Tribunal that are determined by the Tribunal to be relevant to the proceedings before the Tribunal. (4) A person who is called to give evidence or to produce evidentiary material before the Tribunal and— (a) refuses or fails to make an oath or affirmation when required to do so under this section; or (b) refuses or fails without reasonable excuse to produce evidentiary material that the person is required by the Tribunal to produce; or (c) refuses or fails without reasonable excuse to appear before the Tribunal in response to a summons; or (d) refuses or fails without reasonable excuse to give evidence before the Tribunal or otherwise refuses or fails without reasonable excuse to answer any question put in proceedings before the Tribunal or otherwise required under this Act; or (e) gives false or misleading evidence to the Tribunal; or (f) misbehaves before the Tribunal, wilfully insults the Tribunal or 1 or more members or officers of the Tribunal in the exercise of official duties, or wilfully interrupts the proceedings of the Tribunal, is guilty of an offence. Maximum penalty: $25 000 or imprisonment for 1 year. (5) A summons under this section may be issued on behalf of the Tribunal by— (a) any member of the Tribunal; or (b) a registrar; or (c) any other officer authorised under the rules or by the President of the Tribunal to issue such summonses. 34—Entry and inspection (1) A member of the Tribunal may enter any land, building, structure, ship or vessel and carry out any inspection that the Tribunal considers relevant to any proceedings before the Tribunal. (2) A member of the Tribunal may authorise an officer of the Tribunal, or any other specified person, to enter any land, building, structure, ship or vessel and carry out an inspection that the member considers relevant to any proceedings before the Tribunal. (3) A person who obstructs a member of the Tribunal, or a person authorised by the Tribunal, in the exercise of a power of entry or inspection under this section is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 6 months. 35—Expert reports (1) The Tribunal may refer any question arising in any proceedings for investigation and report by an expert in the relevant field. (2) The Tribunal must seek submissions from the parties to the proceedings before making a reference under this section. (3) A person to whom a question is referred under this section becomes an officer of the Tribunal and may exercise such powers of the Tribunal as the Tribunal delegates. (4) The Tribunal may adopt a report obtained under this section in whole or in part (or may reject it). (5) Any action taken under subsection (4) does not prevent the Tribunal from making a further reference to an expert. (6) The Tribunal may order a party to pay or contribute to the costs of an expert's investigation and report under this section. Division 3—Procedures 36—Practice and procedure generally (1) The Tribunal is to take measures that are reasonably practicable— (a) to ensure that the parties to any proceedings have a reasonable opportunity to understand the nature of the matter under consideration; and (b) to ensure that the parties to any proceedings understand the nature of any assertions made in the proceedings and the legal implications of those assertions; and (c) to explain to the parties, if requested to do so, any aspect of the procedure of the Tribunal, or any decision or ruling made by the Tribunal; and (d) to ensure that the parties have the opportunity in any proceedings to be heard or otherwise have their submissions received. (2) The Tribunal— (a) is to take all practicable steps to ensure that all relevant material is disclosed to the Tribunal so as to enable it to determine all the relevant facts in issue in any proceedings; and (b) may require evidence or argument to be presented in writing and decide on the matters on which it will hear oral evidence or argument; and (c) may limit the time available for presenting the respective cases of parties before it at a hearing to an extent that it considers would not impede the fair and adequate presentation of the cases; and (d) may require a document to be served outside the State; and (e) may adjourn any proceedings at any time and to any place (including for the purpose of enabling the parties to negotiate a settlement or for the purpose of reconsideration of a decision by the decision‑maker); and (f) may proceed to hear and determine proceedings in the absence of a party. (3) To the extent that the practice or procedure of the Tribunal is not prescribed by or under this Act or a relevant Act, it is to be as the Tribunal determines. 37—Directions for conduct of proceedings (1) The Tribunal may give directions at any time in any proceedings and do whatever is necessary for the speedy and fair conduct of the proceedings. (2) The Tribunal may give directions on its own initiative or at the request of a party. (3) A directions hearing may be held for the purposes of this section before any other hearing in any proceedings. (4) The Tribunal may give a direction requiring a party to produce a document or other material, or to provide information, to the Tribunal or another party. 38—Consolidating and splitting proceedings (1) The Tribunal may direct that 2 or more proceedings that concern the same or related facts or circumstances— (a) be consolidated into 1 proceeding; or (b) remain as separate proceedings but be heard and determined together. (2) If proceedings are consolidated, evidence given in the consolidated proceedings is admissible in relation to matters involved in either of the proceedings that were consolidated. (3) The Tribunal may direct— (a) that any aspect of any proceedings be heard and determined separately; (b) that proceedings commenced by 2 or more persons jointly be split into separate proceedings. 39—More appropriate forum The Tribunal may, at any time, make an order striking out all, or any part, of any proceedings if it considers that the matter, or any aspect of it, would be more appropriately dealt with by another tribunal, a court, or any other person. 40—Dismissing proceedings on withdrawal or for want of prosecution (1) The applicant in any proceedings may withdraw or agree to the withdrawal of the proceedings or a part of the proceedings. (2) Unless otherwise provided by the rules, an applicant can only act under subsection (1) with the leave of the Tribunal. (3) The Tribunal may make an order dismissing or striking out all, or any part, of any proceedings if the applicant withdraws or agrees to the withdrawal of the proceedings or that part of it. (4) At any time, the Tribunal may make an order dismissing or striking out all, or any part, of any proceedings for want of prosecution. (5) The Tribunal's power to make an order under subsection (4) is exercisable only by a legally qualified member of the Tribunal. (6) The Tribunal may make an order under this section on the application of a party or on its own initiative. 41—Frivolous, vexatious or improper proceedings (1) This section applies if the Tribunal believes that a proceeding— (a) is frivolous, vexatious, misconceived or lacking in substance or involves a trivial matter or amount; or (b) is being used for an improper purpose; or (c) is otherwise an abuse of process. (2) If this section applies, the Tribunal may order that the proceeding be dismissed or struck out and may make any related or ancillary order. (3) The Tribunal may act under subsection (2) on the application of a party or on its own initiative. (4) If a proceeding is dismissed or struck out under this section, another proceeding of the same kind in relation to the same matter cannot be commenced before the Tribunal without the leave of a Presidential member. 42—Proceedings being conducted to cause disadvantage (1) This section applies if the Tribunal believes that a party to any proceedings is conducting the proceedings in a way that unnecessarily disadvantages another party to the proceedings by conduct such as— (a) failing to comply with an order or direction of the Tribunal without reasonable cause; or (b) failing to comply with this Act or a relevant Act; or (c) asking for an adjournment the need for which is attributable to a failure described in paragraph (a) or (b); or (d) attempting to deceive another party or the Tribunal; or (e) vexatiously conducting the proceedings; or (f) failing to attend any hearing in the proceedings. (2) If this section applies, the Tribunal may— (a) if the party causing the disadvantage is the applicant, order that the proceedings be dismissed or struck out; and (b) if the party causing the disadvantage is not the applicant— (i) determine the proceedings in favour of the applicant and make any appropriate orders; or (ii) order that the party causing the disadvantage be struck out of the proceedings. (3) The Tribunal may act under subsection (2) on the application of a party or on its own initiative. (4) If any proceedings are dismissed or struck out under this section, another proceeding of the same kind in relation to the same matter cannot be commenced before the Tribunal without the leave of a Presidential member. Division 4—Conferences, mediation and settlement Subdivision 1—Conferences 43—Compulsory conciliation conferences (1) The Tribunal may, at an initial directions hearing or at any other time, require parties to any proceedings to attend a compulsory conciliation conference (a compulsory conference). (2) The Tribunal must, if so required by the rules or a relevant Act, require parties to attend a compulsory conference. (3) However, subject to a relevant Act, the Tribunal may dispense with a conference in prescribed circumstances. (4) A conference must be commenced within the time fixed by the rules. (5) The purpose of a compulsory conference is to identify, clarify and narrow the issues in the proceedings and to promote the resolution of the matters by a settlement between the parties. (5a) The parties to a compulsory conference must ensure, so far as is reasonably practicable, that the conference is attended by persons with sufficient decision‑making authority to fully participate in settlement discussions. (6) A compulsory conference may, at the discretion of the member of the Tribunal presiding at the conference, be adjourned or reconvened from time to time. (7) However— (a) proceedings constituting a compulsory conference under the Return to Work Act 2014 should not run over a period exceeding 10 weeks; and (b) if the rules fix a period of time in relation to proceedings constituting a compulsory conference under another relevant Act, those proceedings should not run over a period exceeding the period so fixed, unless the member of the Tribunal presiding at the conference is satisfied that an extension of time is justified on the basis that there is a substantial likelihood the proceedings will resolve by settlement if the extension occurs. (8) If the period in which proceedings constituting a compulsory conference are conducted is extended in accordance with subsection (7), the member of the Tribunal presiding at the conference must notify the parties in writing of the decision to extend the period. (9) Unless the member of the Tribunal presiding at the conference directs otherwise, a compulsory conference is to be held in private. (10) Subject to this section and except to the extent to which the rules may specify the procedure for a compulsory conference, the member of the Tribunal presiding at a compulsory conference may determine the procedure for the conference. (11) The member of the Tribunal presiding at a compulsory conference may— (a) require a party to the proceedings to furnish particulars of his or her case; (b) determine who, apart from the parties to the proceedings (and their representatives), may be present at the conference; (c) subject to subsection (15), record any settlement reached at a conference and make any determination or order (including an order under, or for the purposes of, a relevant Act) necessary to give effect to a settlement; (ca) enlarge the scope of the proceedings in accordance with section 65; (d) on his or her own initiative, close the conference at any time if, in his or her opinion, settlement cannot be reached; (e) advise the Tribunal if the conference does not reach a settlement within a reasonable time; (f) permit a party to withdraw from the proceedings (and make any consequential order that is appropriate in the circumstances); (g) determine a matter against any party who obstructs or delays the conference, fails to attend the conference, or fails to comply with a rule or order of the Tribunal and, in so doing, make any order as the member of the Tribunal thinks fit (including an order as to costs); (h) do such other things as the rules of the Tribunal so provide. (12) Despite section 22, the member of the Tribunal presiding at a compulsory conference may not refer a question of law to a Full Bench of the Tribunal. (13) If settlement of a matter is not reached at a compulsory conference, the member of the Tribunal presiding at the conference— (a) must give to the parties an assessment of the merits of the party's case; and (b) must seek to recommend ways to resolve any matter in dispute. (14) Evidence of anything said or done in the course of a compulsory conference under this section is inadmissible in proceedings before the Tribunal except by consent of all parties to the proceedings. (15) The member of the Tribunal presiding at a compulsory conference— (a) must not accept a settlement that appears to be inconsistent with a relevant Act (but he or she may adjourn the proceedings to enable the parties to explore the possibility of varying the settlement to comply with a relevant Act); and (b) may decline to accept a settlement on the basis that the settlement may materially prejudice any person who was not represented at the conference but who has a direct or material interest in the matter. (16) If the member of the Tribunal presiding at a conference is unable to continue with the conference, another member of the Tribunal may be appointed to continue and complete the conference. (17) Unless all parties to the proceedings agree to his or her continued participation, the member of the Tribunal who presided at the conference is disqualified from sitting as a member of the Tribunal for the purpose of hearing and determining the matter. (18) A registrar is expressly authorised to constitute the Tribunal for the purposes of this section. (19) The rules may set out circumstances where the outcome of any proceedings under this section (including details of a settlement) are to be available to members of the public. 44—Referral of matters for hearing and determination If a compulsory conciliation conference under this Subdivision does not result in an agreed settlement of the matter, the member of the Tribunal presiding at the conference must (unless a relevant Act provides otherwise) refer the matter for hearing and determination. 45—Pre‑hearing conferences (1) Before the Tribunal proceeds with the hearing of a matter, a pre‑hearing conference must be held before a Presidential member of the Tribunal. (2) The Presidential member presiding at the conference— (a) must— (i) make an assessment of the matter; and (ii) for the purpose of making the assessment— (A) inquire into and consider the steps taken, and the steps that should be taken, to explore, or further explore, possible settlement of the matter (including referral of the matter to a Presidential member of the Tribunal for mediation); and (B) seek to identify and narrow the issues in dispute; and (b) may give such directions or orders as he or she considers appropriate. (3) This section applies to and in relation to— (a) proceedings under the Return to Work Act 2014; and (b) any other proceedings prescribed by the regulations. Subdivision 2—Mediation 46—Mediation (1) The Tribunal may, at an initial directions hearing, a compulsory conciliation conference or at any other time, refer the matter, or any aspect of the matter, for mediation by a person specified as a mediator by the Tribunal. (2) The person specified as a mediator must be a person who has been approved by the President of the Tribunal to act as a mediator. (3) The referral may be made with or without the consent of the parties. (4) The purpose of a mediation is to achieve the resolution of the matters by a settlement between the parties or, if a settlement is not achievable through this process, to further refine or narrow the issues in dispute. (5) The rules may specify how notice of the mediation is to be given, how the mediation is to be conducted, and the fees to be paid by a party to the mediation. (6) Unless the mediator directs otherwise, the mediation is to be held in private. (7) Subject to this section and except to the extent to which the rules may specify the procedure for a mediation, the mediator may determine the procedure for the mediation. (8) If the mediator is a member of the Tribunal and a settlement is reached at the mediation, the mediator may reduce the terms of the settlement to writing and make any determination or order (including an order under, or for the purposes of, a relevant Act) necessary to give effect to the settlement. (9) If a settlement is not reached at the mediation or the mediator is not a member of the Tribunal, the mediator is to report on the outcome of the mediation to the Tribunal as constituted when it made the referral. (10) Any settlement under this section— (a) must not be inconsistent with a relevant Act; and (b) may be rejected by the Tribunal on the basis that the settlement may materially prejudice any person who has not participated in the mediation but who has a direct or material interest in the matter. (11) Evidence of anything said or done in the course of a mediation under this section is inadmissible in proceedings before the Tribunal except by consent of all parties to the proceedings. (12) If the mediator is a member of the Tribunal, the member cannot take any further part in dealing with the proceedings after the mediation, unless all parties to the proceedings agree to his or her continued participation. (13) The rules may set out circumstances where the outcome of any proceedings under this section (including details of a settlement) are to be available to members of the public. Subdivision 3—Settling proceedings 47—Settling proceedings (1) The Tribunal may itself endeavour to achieve a negotiated settlement of a matter before the Tribunal. (2) If the parties agree in writing to settle a matter before the Tribunal, the Tribunal may make any determination or order (including an order under, or for the purposes of, a relevant Act) necessary to give effect to the settlement. (3) A settlement under this section must not be inconsistent with a relevant Act and the Tribunal may reject a settlement under subsection (2) on the basis that the settlement may materially prejudice any person who is not a party to the settlement but who has a direct or material interest in the matter or that the terms of the settlement are inappropriate. Division 5—Parties 48—Parties (1) A person is a party to proceedings before the Tribunal if the person is— (a) the applicant; or (b) in the case of proceedings involving the review of a decision—the decision‑maker; or (c) without limiting a preceding paragraph, a respondent to an application before the Tribunal, a person against whom a claim is made by proceedings brought before the Tribunal, or a party to a dispute before the Tribunal; or (d) a person joined in the proceedings by order of the Tribunal; or (e) a person lawfully intervening in the proceedings; or (f) a person specified by another provision of this Act or a relevant Act to be a party to the proceedings. (2) Subsection (1) applies subject to any provision or exclusion made by the rules of the Tribunal. (3) In any proceedings where a decision‑maker is a party, the official description rather than the personal name of the decision‑maker is to be used so far as is practicable. 49—Joinder of parties etc (1) The Tribunal may order that a person be joined as a party to proceedings before the Tribunal if the Tribunal considers that— (a) the person should be bound by, or have the benefit of, a decision of the Tribunal in the proceedings; or (b) the person's interests are affected by the proceedings; or (c) for any other reason it is desirable that the person be joined as a party. (1a) The Tribunal may order that a person who is a party to proceedings before the Tribunal be removed as a party if the Tribunal considers that the person has no proper interest in the proceedings. (1b) The Tribunal may order that notice of proceedings be given to specified persons or in a specified way. (2) The Tribunal may make an order under this section— (a) on the application of any person or on its own initiative; and (b) without notice to the person to whom the order relates. 50—Intervening (1) The Attorney‑General may, on behalf of the State, intervene in any proceedings before the Tribunal at any time. (2) The Tribunal may give leave at any time for any other person to intervene in proceedings before the Tribunal on conditions, if any, that the Tribunal thinks fit. Division 6—Representation 51—Representation (1) A party to proceedings before the Tribunal is entitled to appear (subject to the provisions of a relevant Act)— (a) personally; or (b) by counsel; or (c) with the leave of the Tribunal and subject to the rules—by other representative. (1a) If jurisdiction is conferred on the Tribunal under the Fair Work Act 2009 of the Commonwealth, a party to proceedings before the Tribunal under that Act is entitled (subject to that Act or any other relevant Commonwealth law), without leave, to be represented by— (a) an officer or employee of an organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth acting in the course of their office or employment with that organisation; or (b) a registered agent under the Fair Work Act 1994. (2) Unless otherwise determined by the Tribunal, a person appearing before the Tribunal may be assisted by another person as a friend. (3) A person may not act as a representative in proceedings before the Tribunal if— (a) the person is a legal practitioner whose practising certificate has been suspended; or (b) the person's name has been struck off the roll of legal practitioners; or (c) the person would be acting in any other manner that is inconsistent with disciplinary proceedings that have been taken under the Legal Practitioners Act 1981. (4) If, in accordance with a relevant Act, a person who is not a legal practitioner (the representative) is entitled to appear in proceedings before the Tribunal as a representative of a party (the first party), evidence is not to be adduced in proceedings and material is not required to be disclosed to another party in proceedings if, on objection by the first party, the Tribunal finds that— (a) adducing the evidence or disclosing the material would result in the disclosure of— (i) a confidential communication between the first party and the representative; or (ii) the contents of a confidential document prepared by the representative; and (b) the communication or document was for the dominant purpose of— (i) providing advice to the first party; or (ii) preparing for or conducting a proceeding, or anticipated proceeding, in relation to a matter in which the representative would be entitled to appear before the Tribunal in accordance with a relevant Act. Division 7—Costs 52—Costs (1) Subject to this Act or a relevant Act, parties bear their own costs in any proceedings before the Tribunal (other than proceedings assigned to the South Australian Employment Court to which section 26B applies). (2) If the Tribunal makes an order for the payment of costs and does not fix the amount of costs, that amount is to be assessed and settled in accordance with the rules. 53—Costs—related matters (1) Any power of the Tribunal under this Act or a relevant Act to make an order for the payment by a party of the costs of another party includes the power to make an order for the payment of an amount to compensate the other party for any expenses or loss resulting from any proceedings or matter. (2) Without limiting anything else that may be considered in making an order for the payment by a party of the costs of another party, where the matter that is the subject of any proceedings comes within the Tribunal's review jurisdiction, the Tribunal is to have regard to— (a) whether the party genuinely attempted to enable and assist the decision‑maker to make a decision on its merits; (b) whether the party (being the decision‑maker) genuinely attempted to make a decision on its merits. (3) The rules may deal with the effect of certain offers to settle, and the response, if any, to the offer, on the making of an order for the payment by a party of the costs of another party. (4) The Tribunal may order that the representative of a party, rather than the party, in the representative's own capacity compensate that or any other party for costs incurred because the representative acted in, or delayed, any proceedings in a way that resulted in unnecessary costs. Division 8—Other procedural and related provisions 54—Sittings The Tribunal will sit at such times and places as the President of the Tribunal may direct (including at different places at the same time). 55—Hearings in public (1) Subject to this or any other Act, proceedings before the Tribunal must be heard in public. (2) The Tribunal may, where it is satisfied that it is desirable to do so— (a) in the interest of justice; or (b) by reason of the confidential nature of the evidence to be given before the Tribunal; or (c) in order to expedite proceedings of the Tribunal; or (d) for any other reason that the Tribunal thinks sufficient, give directions— (e) requiring that a hearing, or part of a hearing, be held in private; or (f) prohibiting or restricting the publication of the name and address of a witness appearing before the Tribunal; or (g) prohibiting or restricting the publication of evidence given before the Tribunal or of the contents of any document produced to the Tribunal; or (h) prohibiting or restricting the disclosure to some or all of the parties to proceedings before the Tribunal of evidence given before the Tribunal or of the contents of any document produced to the Tribunal; or (i) excluding any person from the hearing before the Tribunal of any part of the proceedings. (3) A person must comply with a direction of the Tribunal under subsection (2). Maximum penalty: $10 000. 56—Preserving subject matter of proceedings (1) The Tribunal may, on such terms as appear just, make any order that may be necessary to preserve the subject matter of proceedings, or to otherwise protect the interests of a party, until questions arising in the proceedings have been finally determined. (2) The Tribunal's power to make an order under subsection (1) is exercisable by— (a) a Presidential member of the Tribunal; or (b) any other legally qualified member of the Tribunal who is authorised by the President of the Tribunal to make orders under this section. (3) The Tribunal may make the order on the application of a party or on its own initiative. (4) An order may be made under this section whether or not a person whose interests may be affected— (a) is a party; or (b) has been given an opportunity to be heard. (5) An order may be made under this section— (a) for a specified period; or (b) until a specified event or stage in the proceedings. (6) In making an order under this section, the Tribunal— (a) may require an undertaking as to costs or damages as it considers appropriate; and (b) may provide for the revocation of the order if specified conditions are met. (7) The Tribunal may assess any costs or damages referred to in subsection (6)(a) and any amount so assessed is recoverable as a debt in a court of competent jurisdiction. (8) The rules may place conditions on the Tribunal's power to make an order under this section. (9) The Tribunal's power under this section is in addition to, and does not limit, any power of the Tribunal under a relevant Act to make an order in the nature of an injunction or interim injunction. 57—Security as to costs etc (1) The Tribunal may order a party to proceedings before the Tribunal to give security for the payment of costs or to give an undertaking as to the payment of other monetary amounts that may be awarded against the party. (2) The security referred to in subsection (1) will be of such amount, and given at such time and in such manner and form, as the Tribunal directs. (3) The Tribunal may reduce or increase the amount of security ordered under subsection (1) to be given and may vary the time at which, or the manner or form in which, the security is to be given. (4) If security, or further security, or an undertaking, is not given in accordance with an order under this section, the Tribunal may order that the proceedings be dismissed (with costs), or that a determination (with costs) be made against the party. (5) The provisions of this section relating to security, or the giving of an undertaking, do not affect the operation of any provision made by or under a relevant Act or by the rules for or in relation to the furnishing of security, the giving of an undertaking or the imposition of costs. (6) A member of the Tribunal who is not a legally qualified member of the Tribunal may not make an order under this section except with the concurrence of a legally qualified member. 58—Interlocutory orders The Tribunal has power, in relation to matters within its jurisdiction, to make interlocutory orders. 59—Conditional, alternative and ancillary orders and directions (1) The Tribunal may make orders and give directions on conditions the Tribunal considers appropriate. (2) The Tribunal may make orders in the alternative so that a particular order takes effect, or does not take effect, according to whether stipulated conditions are complied with. (3) The Tribunal may, when making an ancillary order, provide that a decision of the Tribunal is to be implemented by a person who is not a party to the relevant proceedings. 60—Special referees (1) The Tribunal may refer any question arising in any proceedings to a special referee for the special referee— (a) to decide the question; or (b) to give his or her opinion in relation to it. (2) The Tribunal may adopt a special referee's decision or opinion, in whole or in part, or reject it. 61—Relief from time limits (1) The rules may provide for the Tribunal to extend or abridge a time limit for doing anything in connection with any proceedings, or the commencement of any proceedings, even though the limit is imposed under this Act or a relevant Act. (2) The extension— (a) may be authorised even though the time for complying has passed; and (b) may be given on conditions specified by the Tribunal. 62—Electronic hearings and proceedings without hearings (1) If the Tribunal thinks it appropriate, it may allow the parties and their representatives and any witnesses (or 1 or more of them) to participate in a hearing in any proceedings by means of telephone, video link, or any other system or method of communication. (2) If the Tribunal thinks it appropriate, it may conduct all or part of any proceedings entirely on the basis of documents without the parties or their representatives or any witnesses attending or participating in a hearing. (3) If the Tribunal acts under this section, the Tribunal is to take steps to ensure that the public has access to, or is precluded from access to, matters disclosed in the proceedings to the same extent as if the proceedings had been heard before the Tribunal with the attendance in person of all persons involved in the proceedings. 63—Completion of part‑heard matters A person who ceases to hold office as a member of the Tribunal (other than on account of having his or her appointment revoked or being removed from office) may nevertheless continue to act in the relevant office for the purpose of completing the hearing and determination of proceedings part‑heard by the person when he or she ceased to hold that office. 64—Other claims of privilege (1) A person is excused from answering a question or producing a document or other material in any proceedings if the person could not be compelled to answer the question or produce the document or material in proceedings in the Supreme Court. (2) The Tribunal may require a person to produce a document or other material to it for the purpose of determining whether or not it is a document or material that the Tribunal has power to compel the person to produce. 65—Power to enlarge scope (1) The Tribunal may enlarge the scope of proceedings to include questions that are not presently at issue in the proceedings— (a) in the case of proceedings under the Return to Work Act 2014—if, on application and after giving all parties an opportunity to be heard, the Tribunal is satisfied it is in the interests of justice that a question should be determined as part of the proceedings; or (b) in any case—with the consent of all parties to the proceedings. (2) In considering whether it is in the interests of justice that a question should be determined as part of the proceedings under subsection (1)(a), the Tribunal must have regard to the principle that all issues in dispute between the parties should be heard and determined in the same proceeding insofar as is just and appropriate.