81Hearings in public

81 Hearings in public

[Section 81 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  Subject to this or any other Act, proceedings before the Tribunal, other than alternative dispute resolution processes or compulsory conferences, must be heard in public.

(2)  The Tribunal may give a direction under subsection (3) if 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; or

(d) for any other reason that the Tribunal considers sufficient.

(3)  The Tribunal may give directions –

(a) requiring that a hearing, or part of a hearing, be held in private; or

(b) prohibiting or restricting the publication of the name and address of a witness appearing before the Tribunal or of any evidence that may enable the identification of any person who has appeared before the Tribunal, who is a party in proceedings or who is affected by a proceeding; or

(c) prohibiting or restricting the publication of evidence given before the Tribunal or of the contents of any document produced to the Tribunal; or

(d) 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

(e) excluding any person from the hearing before the Tribunal of any part of the proceedings.

(4)  A person must comply with a direction of the Tribunal under subsection (3) .

Penalty:  Fine not exceeding 50 penalty units.