Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 58KB

  (1)   Where a single member is conducting the Tribunal's business:

  (a)   section   58K does not apply to the single member's conduct of such business; and

  (b)   the following provisions apply.

  (2)   The single member may conduct such proceedings relating to the matter to which the direction relates as he or she considers necessary.

  (3)   In the conduct of the Tribunal's business:

  (a)   the single member is not bound to act in a formal manner; and

  (b)   the single member may inform himself or herself on any matter in such manner as he or she thinks fit and is not bound by the rules of evidence.

  (4)   The single member must, in making a determination, have regard to:

  (a)   any decision of, or principles established by, the FWC that is or are relevant to the making of the determination; or

  (b)   if the FWC has not yet made any such decision or established any such principles, any decision of, or principles established by, the AIRC that is or are relevant to the making of the determination.

  (5)   The Defence Force Advocate and a person representing the Commonwealth are entitled to be present, and to make submissions to the single member, during any proceedings conducted by the single member.

  (6)   Where the single member thinks that a person or body should be heard in relation to a matter that is being, or is to be, considered by him or her, the single member may permit the person or body to be present, and to make submissions to the single member, during proceedings conducted by the single member in relation to that matter.