Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A Panel of the Disciplinary Board constituted to hear a matter may, at a meeting of the Panel, hold a hearing for the purpose of performing or exercising the Disciplinary Board's functions or powers in relation to that matter.
(2) Subject to subsection (3), hearings must take place in private.
(3) If a person (other than ASIC or APRA) who is entitled to be given an opportunity to appear at a hearing requests that the hearing take place in public, the hearing must, subject to any directions of the Panel under subsection (5), take place in public.
(4) The Panel may give directions as to the persons who may be present at a hearing that is to take place in private.
(5) Where, at a hearing that is taking place in public at the request of a person, the Panel is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or in order to protect the interests of any other person, the Panel may:
(a) direct that a part of the hearing take place in private and give directions as to the persons who may be present; or
(b) give directions preventing or restricting the publication of evidence given before the Panel or of matters contained in documents lodged with or produced to the Panel.
(6) Nothing in a direction given by the Panel under subsection (4) or paragraph (5)(a) prevents the presence at a hearing of:
(a) a person representing ASIC or APRA pursuant to subsection 218(3); or
(b) a person who is entitled to be given an opportunity to appear at the hearing; or
(c) a person representing, pursuant to subsection 218(3), a person referred to in paragraph (b); or
(d) a person representing, pursuant to subsection 218(3), a person who, by reason of a direction given by the Panel under subsection (4), or paragraph (5)(a), of this section is entitled to be present at the hearing.
(7) A person contravenes this subsection if:
(a) the person is present at a hearing of a Panel of the Disciplinary Board; and
(b) the person is present while the hearing is taking place in private; and
(c) a direction of the Panel under this section does not specify that the person may be present while the hearing is taking place in private; and
(d) the person is not:
(i) the Panel Chairperson; or
(ii) a member of the Panel; or
(iii) any other member of the Disciplinary Board approved by the Panel to be present while the hearing is taking place in private; or
(iv) a member of the staff of the Disciplinary Board approved by the Panel to be present while the hearing is taking place in private; or
(v) a person referred to in subsection (6).
Note: This subsection can apply while only a part of the hearing is taking place in private (see paragraph (5)(a)).
(7A) Subsection (7) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(8) Where the Panel is required to give a person an opportunity to appear at a hearing, the Panel must appoint a day, time and place for the hearing and cause notice in writing of the day, time and place to be given to the person.
(9) A person who is entitled to be given an opportunity to appear at a hearing and who does not wish to appear at the hearing may, before the day of the hearing, lodge with the Disciplinary Board in writing any submissions that he, she or it wishes the Panel to take into account in relation to the matter.
(10) The Panel must take into account:
(a) a submission made to or evidence adduced before the Panel; and
(b) a submission lodged with the Disciplinary Board in relation to the matter to which the hearing relates;
when making any decision on the matter to which the submission or evidence relates.