Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to proceedings before a summary authority (including proceedings for the purpose referred to in subsection 111A(1)).
(2) The summary authority:
(a) must comply with:
(i) the rules of natural justice; and
(ii) the Summary Authority Rules; and
(b) consistently with those rules:
(i) must act with as little legal formality or legal technicality as possible, while ensuring fairness; and
(ii) is, subject to this Act, not bound by the rules of evidence (whether statutory or common law), but must comply with the basic principles of those rules relating to relevance, reliability, weight and probative value; and
(iii) may admit any documents or call any witnesses that the summary authority considers to be of assistance and relevance; and
(iv) may give such weight as the summary authority considers appropriate to any evidence admitted under subparagraph (iii), having regard to the importance of the evidence in the proceedings and its probative value.
Note: The Summary Authority Rules may make provision in relation to the giving of testimony and other evidence: see paragraph 149(aa).
(3) Nothing in this section allows a person to be compelled to testify against himself or herself, or to give particular evidence, in proceedings before a summary authority, if doing so might tend to incriminate the person or expose the person to a penalty.
(4) This section does not affect the law relating to legal professional privilege.