Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 98BC

  (1)   Subject to this Part, in any proceeding before the Tribunal:

  (a)   the procedure of the Tribunal is within the discretion of the Tribunal;

  (b)   the Tribunal is not bound to act in a formal manner and is not bound by any rules of evidence but may inform itself of any matter in such manner as it thinks just; and

  (c)   the Tribunal shall act according to equity, good conscience and the substantial merits of the case, without regard to technicalities and legal forms.

  (2)   Subject to subsection   (3), a proceeding before the Tribunal shall be conducted in public.

  (3)   If the Tribunal is satisfied, upon the application of a party to a proceeding before the Tribunal, that, by reason of the confidential nature of a submission, or other evidence or material, submitted to the Tribunal in the proceeding, or for any other reason, it is undesirable to conduct the proceeding or a part of the proceeding in public, the Tribunal may direct that the proceeding or the part of the proceeding, as the case may be, be conducted in private.

  (4)   A direction by the Tribunal under subsection   (3) may:

  (a)   specify persons for the purpose of permitting them, but no other persons, to be present when the proceeding, or the part of the proceeding, concerned is conducted in private; or

  (b)   specify persons for the purpose of prohibiting them from being present when the proceeding, or the part of the proceeding, concerned is conducted in private.

  (5)   The Chairperson is to preside in any proceeding before the Tribunal and all questions to be decided by the Tribunal are to be decided by a majority of votes of the members and, for that purpose, the Chairperson has a deliberative vote and, in the event of an equality of votes, also has a casting vote.