44Conduct of a formal hearing

44 Conduct of a formal hearing

At a formal hearing—

(a) the hearing panel must hear and determine the matter before it; and

S. 44(b) amended by Nos 103/2003 s. 67(Sch.), 71/2014 s. 33.

(b) the person who is the subject of the hearing is entitled to be present, to make submissions and to be represented by an Australian legal practitioner; and

(c) if the hearing arises out of a complaint, the identity of the complainant is not to be published or broadcast and the complainant—

(i) in the case of a proceeding which has not been closed under paragraph (d), is entitled to be present; and

(ii) if not called as a witness, may make submissions with the permission of the Board; and

(d) the proceedings are to be open to the public unless the panel determines that the proceedings should be closed because the hearing is taking evidence of intimate, personal or financial matters and, if the panel has determined that the proceedings are closed, the panel may determine that the identity of any witness giving evidence in the proceedings is not to be published or broadcast.