South Australia: South Australian Civil and Administrative Tribunal Act 2013 (SA)

South Australia South Australian Civil and Administrative Tribunal Act 2013 An Act to establish a tribunal with jurisdiction to review certain administrative decisions and to act with respect to certain disciplinary, civil or other proceedings; to confer powers on the tribunal; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Relevant Acts prevail Part 2—South Australian Civil and Administrative Tribunal Division 1—Establishment of Tribunal 5 Establishment of Tribunal 6 Jurisdiction of Tribunal 7 Tribunal to operate throughout State Division 2—Main objectives of Tribunal 8 Main objectives of Tribunal Division 3—Members of Tribunal Subdivision 1—The members 9 The members Subdivision 2—The President 10 Appointment of President 11 President's functions generally 12 Acting President Subdivision 3—The Deputy Presidents 13 Number of Deputy Presidents 14 Appointment of Deputy Presidents 15 Deputy President's functions generally 16 Acting Deputy Presidents 17 Supplementary Deputy Presidents Subdivision 4—Magistrates 18 Magistrates Subdivision 5—Senior members and ordinary members 19 Appointment of senior members and ordinary members 20 Member ceasing to hold office and suspension 21 Supplementary members Subdivision 6—Assessors 22 Assessors Division 4—Constitution of Tribunal and its decision‑making processes 23 Constitution of Tribunal 24 Who presides at proceedings of Tribunal 25 Decision if 2 or more members constitute Tribunal 26 Determination of questions of law Division 5—Related matters 27 Streams 28 Validity of acts of Tribunal 29 Disclosure of interest by members of Tribunal 30 Delegation Part 3—Jurisdiction Division 1—Preliminary 31 Sources of jurisdiction 32 Kinds of jurisdiction Division 2—Original jurisdiction 33 Original jurisdiction Division 3—Review jurisdiction 34 Decisions within review jurisdiction 35 Decision‑maker must assist Tribunal 36 Effect of review proceedings on decision being reviewed 37 Decision on review 38 Tribunal may invite decision‑maker to reconsider decision Part 3A—Diversity proceedings 38A Interpretation 38B Transfer of applications involving federal diversity jurisdiction to Magistrates Court 38C Magistrates Court proceedings, jurisdiction, powers and functions etc 38D Modifications of certain functions, powers and procedures etc 38E Compulsory conferences 38F References to Tribunal in other Acts or regulations 38G Bailiffs 38H Relationship of this Part to this Act and other laws 38I Enforcement, variation or revocation of purported orders Part 4—Principles, powers and procedures Division 1—Principles governing hearings 39 Principles governing hearings Division 2—Evidentiary powers 40 Power to require person to give evidence or to produce evidentiary material 41 Entry and inspection of property 42 Expert reports Division 3—Procedures 43 Practice and procedure generally 44 Directions for conduct of proceedings 45 Consolidating and splitting proceedings 46 More appropriate forum 47 Dismissing proceedings on withdrawal or for want of prosecution 48 Frivolous, vexatious or improper proceedings 49 Proceedings being conducted to cause disadvantage Division 4—Conferences, mediation and settlement 50 Conferences 51 Mediation 52 Settling proceedings Division 5—Parties 53 Parties 54 Person may be joined as party 55 Intervening Division 6—Representation 56 Representation Division 7—Costs 57 Costs 58 Costs—related matters Division 8—Other procedural and related provisions 59 Sittings 60 Hearings in public 61 Preserving subject matter of proceedings 62 Security as to costs etc 63 Interlocutory orders 64 Conditional, alternative and ancillary orders and directions 65 Special referees 66 Relief from time limits 67 Electronic hearings and proceedings without hearings 68 Completion of part‑heard matters 69 Other claims of privilege Part 5—Reviews and appeals Division 1—Internal reviews 70 Internal reviews Division 2—Appeals 71 Appeals Division 3—Related matters 72 Reservation of questions of law 73 Effect of review or appeal on decision Part 6—Staff Division 1—Registrars 74 Registrars 75 Functions of registrars 76 Delegation Division 2—Other staff of Tribunal 77 Other staff of Tribunal Division 3—Use of services or staff 78 Use of services or staff Part 7—Miscellaneous 79 Immunities 80 Protection from liability for torts 81 Protection for compliance with Act 82 Alternative orders and relief 83 Power to cure irregularities 84 Correcting mistakes 85 Tribunal may review its decision if person was absent 86 Tribunal may authorise person to take evidence 87 Miscellaneous provisions relating to legal process and service 88 Proof of decisions and orders of Tribunal 89 Enforcement of decisions and orders of Tribunal 89A Bailiffs 90 Accessibility of evidence 91 Costs of proceedings 92 Annual report 93 Additional reports 93A Disrupting proceedings of Tribunal 93B False or misleading statements 94 Rules 95 Regulations 96 Review Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the South Australian Civil and Administrative Tribunal Act 2013. 3—Interpretation (1) In this Act, unless the contrary intention appears— appear, at a hearing, means to appear in person or participate in a way allowed under this Act or a relevant Act; applicant means— (a) in the context of the Tribunal's review jurisdiction, the person who— (i) applies to the Tribunal for a review; or (ii) otherwise brings a matter before the Tribunal; or (iii) requests, requires, or otherwise seeks that a matter be referred to, or otherwise be brought before, the Tribunal; and (b) in any other context, the person who— (i) brings a matter before the Tribunal; or (ii) requests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal, except that, unless and to the extent that the rules otherwise provide, it does not include a person who is required by this Act or a relevant Act to refer a matter to the Tribunal, or otherwise bring a matter before the Tribunal, as sought by another person; decision, of the Tribunal, includes a direction, determination or order of the Tribunal but, in prescribed circumstances, does not include an interlocutory direction, determination or order; decision‑maker—see section 34(2a); Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; Deputy President means a Deputy President of the Tribunal; District Court means the District Court of South Australia; evidentiary material includes any document, object or substance of evidentiary value in proceedings before the Tribunal and includes any other document, object or substance that should, in the opinion of the Tribunal, be produced for the purpose of enabling the Tribunal to determine whether or not it has evidentiary value; legally qualified member means— (a) a Presidential member; or (b) a magistrate who is a member of the Tribunal; or (c) another member of the Tribunal who is a legal practitioner of at least 5 years standing; Magistrates Court means the Magistrates Court of South Australia; monetary order means an order of the Tribunal requiring the payment of money and includes— (a) an order made for the payment of a fine or other pecuniary penalty; and (b) an order as to the payment of any costs; and (c) an order for the payment of compensation for breach of an Act; ordinary member means a person holding office as an ordinary member of the Tribunal; original jurisdiction of the Tribunal—see Part 3 Division 2; President means the President of the Tribunal; Presidential member means the President or a Deputy President of the Tribunal; registrar means the Registrar or a Deputy Registrar of the Tribunal; relevant Act means an Act which confers jurisdiction on the Tribunal; reviewable decision—see section 34(2); review jurisdiction of the Tribunal—see Part 3 Division 3; rules means the rules of the Tribunal in force under this Act; senior member means a person holding office as a senior member of the Tribunal; Tribunal means the South Australian Civil and Administrative Tribunal established by this Act. (2) If under a relevant Act a person's failure or omission to do something is reviewable under this Act as a decision— (a) this Act applies as if that person had made that decision; and (b) any provision of the relevant Act as to when the decision is taken to have been made has effect. (3) The members of the staff of the Tribunal are— (a) the registrars; and (b) the other members of staff appointed or made available for the purposes of the Tribunal under this Act. (4) The officers of the Tribunal are— (a) the registrars; and (b) members of the staff of the Tribunal who are designated as officers of the Tribunal by the Registrar of the Tribunal; and (c) other persons who are designated as officers of the Tribunal under this Act. 4—Relevant Acts prevail Subject to Part 3A, if there is an inconsistency between this Act and a relevant Act, the relevant Act prevails to the extent of the inconsistency. Part 2—South Australian Civil and Administrative Tribunal Division 1—Establishment of Tribunal 5—Establishment of Tribunal The South Australian Civil and Administrative Tribunal is established. 6—Jurisdiction of Tribunal The Tribunal has the jurisdiction described in Part 3. 7—Tribunal to operate throughout State (1) The Tribunal is to facilitate access to its services throughout the State and may sit at any place (either within or outside the State). (2) Registries of the Tribunal will be at the places determined by the President after consultation with the Minister. Division 2—Main objectives of Tribunal 8—Main objectives of Tribunal (1) The main objectives of the Tribunal in dealing with matters within its jurisdiction are— (a) in the exercise of its jurisdiction, to promote the best principles of public administration, including— (i) independence in decision‑making; and (ii) natural justice and procedural fairness; and (iii) high‑quality, consistent decision‑making; and (iv) transparency and accountability in the exercise of statutory functions, powers and duties; and (b) to be accessible by being easy to find and easy to access, and to be responsive to parties, especially people with special needs; and (c) to ensure that applications are processed and resolved as quickly as possible while achieving a just outcome, including by resolving disputes through high‑quality processes and the use of mediation and alternative dispute resolution procedures wherever appropriate; and (d) to keep costs to parties involved in proceedings before the Tribunal to a minimum insofar as is just and appropriate; and (e) to use straightforward language and procedures (including, insofar as is reasonably practicable and appropriate, by using simple and standardised forms); and (f) to act with as little formality and technicality as possible, including by informing itself in such manner as the Tribunal thinks fit; and (g) to be flexible in the way in which the Tribunal conducts its business and to adjust its procedures to best fit the circumstances of a particular case or a particular jurisdiction. (2) In connection with the conferral and exercise of its jurisdiction the Tribunal should, in relation to these objectives, consult from time to time with such agencies, organisations or bodies as it thinks appropriate. Division 3—Members of Tribunal Subdivision 1—The members 9—The members The members of the Tribunal are— (a) the President; and (b) the Deputy President or Deputy Presidents; and (c) the magistrates who are designated as members of the Tribunal under this Act; and (d) the senior members; and (e) the ordinary members; and (f) assessors. Subdivision 2—The President 10—Appointment of President (1) The President of the Tribunal will be a judge of the Supreme Court or the District Court appointed by the Governor, by proclamation, to be the President of the Tribunal. (1a) If the person appointed to be President of the Tribunal was, immediately before their appointment as President, a judge of the District Court, the judge will, by virtue of holding the office of President, have the same rank, title, status and precedence as a judge of the Supreme Court. (2) The appointment of a judge as President of the Tribunal does not affect— (a) the judge's tenure of office or status as a judge; or (b) the payment of the judge's salary or allowances as a judge (subject to the operation of subsection (6)); or (c) the ability of the person to do anything in the person's capacity as a judge (including as to the exercise of the jurisdiction of the Supreme Court or the District Court, as the case may be); or (d) any other right or privilege that the judge has as a judge. (3) Service in the office of President of the Tribunal is taken, for all purposes, to constitute service as— (a) in the case of a judge who was, immediately before appointment as President, a Supreme Court judge—a judge of the Supreme Court; or (b) in the case of a judge who was, immediately before appointment as President, a District Court judge—a judge of the District Court. (4) The appointment of a judge as the President of the Tribunal will be for a term of 5 years (and the person is eligible for reappointment at the expiration of a term of office). (5) Subject to subsections (2) and (3), an appointment may be subject to conditions determined by the Governor. (6) Without limiting subsection (5), the Remuneration Tribunal may determine that the President's salary or allowances as a judge will have an additional component on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act). (7) Any salary or allowances payable as an additional component of remuneration under subsection (6) cannot be reduced during the person's term of office as President. (8) A person ceases to be the President of the Tribunal if— (a) the person ceases to be a judge of the Supreme Court or the District Court (as the case may be); or (b) the person, with the approval of the Governor, resigns as President by written notice to the Attorney‑General; or (c) the person completes a term of office and is not reappointed; or (d) the appointment is revoked by the Governor, on the recommendation of the Attorney‑General, for— (i) mental or physical incapacity to carry out duties satisfactorily; or (ii) neglect of duty; or (iii) dishonourable conduct; or (e) the person dies. (9) Nothing under subsection (8)(b), (c) or (d) affects the person's tenure or status as a judge. (10) Before the Governor makes a proclamation under this section, the Attorney‑General must consult with the Chief Justice. 11—President's functions generally (1) The President of the Tribunal has the functions conferred on the President under this Act or any other Act. (2) The functions of the President include— (a) participating as a member of the Tribunal; and (b) having primary responsibility for the administration of the Tribunal; and (c) managing the business of the Tribunal, including by ensuring that the Tribunal operates efficiently and effectively and continually improves the way in which it carries out its functions; and (d) providing leadership and guidance to the Tribunal and engendering cohesiveness and collaboration amongst the members and staff of the Tribunal; and (e) giving directions about the practices and procedures to be followed by the Tribunal; and (f) developing and implementing performance standards and setting benchmarks for the Tribunal; and (g) being responsible for promoting the training, education and professional development of members of the Tribunal; and (h) overseeing the proper use of the resources of the Tribunal; and (i) providing advice about— (i) the membership of the Tribunal; and (ii) the operations and activities of the Tribunal. (3) The President may do all things necessary or convenient to be done in the performance of the President's functions. (4) In the performance of the President's functions, the President is not subject to direction or control by the Minister. 12—Acting President (1) If there is a vacancy in the office of President or the President is absent or for any other reason is unable to perform the functions of office, the Governor may, by proclamation, appoint a person to act as President of the Tribunal for a period not exceeding 6 months. (2) The Governor may only appoint— (a) a Deputy President; or (b) a judge of the Supreme Court or the District Court, to act as President. (3) However, the Governor may not appoint a person acting as a Deputy President to act as President unless the person is a judge of the District Court. (4) A person appointed to act as a President— (a) has all the functions of the President; and (b) is taken to be the President for all purposes related to this Act or a relevant Act. (5) A person appointed to act as President is, for the period of his or her appointment, entitled to be paid additional salary and allowances to ensure that his or her salary and allowances equal the salary and allowances payable to a President of the Tribunal. (6) The Governor may, by further proclamation— (a) extend or renew an appointment under this section; or (b) revoke an appointment under this section. (7) Before the Governor makes a proclamation under this section, the Attorney‑General must consult with— (a) the Chief Justice; and (b) if the proclamation relates to a judge of the District Court—the Chief Judge. Subdivision 3—The Deputy Presidents 13—Number of Deputy Presidents There will be at least 1 Deputy President of the Tribunal. 14—Appointment of Deputy Presidents (1) A Deputy President will be— (a) a judge of the District Court appointed by the Governor, by proclamation, to be a Deputy President of the Tribunal; or (b) a person who is eligible for appointment as a judge of the District Court appointed by the Governor to be a Deputy President of the Tribunal. (2) The appointment of a judge of the District Court as a Deputy President of the Tribunal under subsection (1)(a) does not affect— (a) the judge's tenure of office or status as a judge; or (b) the payment of the judge's salary or allowances as a judge (subject to the operation of subsection (6)); or (c) the ability of the person to do anything in the person's capacity as a judge (including as to the exercise of the jurisdiction of the District Court); or (d) any other right or privilege that the judge has as a judge of the District Court. (3) Service in the office of Deputy President of the Tribunal by a judge of the District Court is taken, for all purposes, to constitute service as a judge of that Court. (4) The appointment of a judge as a Deputy President of the Tribunal will be for a period of 5 years (and the person is eligible for reappointment at the expiration of a term of office). (5) Subject to subsections (2) and (3), an appointment under subsection (1)(a) may be subject to conditions determined by the Governor. (6) Without limiting subsection (5), in the case of an appointment under subsection (1)(a), the Remuneration Tribunal may determine that a Deputy President's salary or allowance as a judge will have an additional component on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act). (7) Any salary or allowances payable as an additional component of remuneration under subsection (6) cannot be reduced during the person's term of office as a Deputy President of the Tribunal. (8) The appointment of a person as a Deputy President of the Tribunal under subsection (1)(b)— (a) will be for a term of 5 years (and the person is eligible for reappointment at the expiration of a term of office); and (b) will be on a full‑time or part‑time basis (and this may be altered from time to time with the agreement of the Attorney‑General and the President of the Tribunal). (9) An appointment under subsection (1)(b) may be subject to conditions determined by the Governor. (10) Without limiting subsection (9), in the case of an appointment under subsection (1)(b), the Remuneration Tribunal will determine the salary or allowances to be paid to the person on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act). (11) The remuneration of a Deputy President of the Tribunal appointed under subsection (1)(b) (including any salary or allowances) cannot be reduced during the person's term of office as a Deputy President of the Tribunal (unless the reduction is related to a reduction in the person's hours of service over a particular period under an agreement entered into under subsection (8)(b)). (12) A person ceases to be a Deputy President of the Tribunal if— (a) in the case of an appointment under subsection (1)(a)—the person ceases to be a judge of the District Court; or (b) the person resigns as Deputy President by written notice to the Attorney‑General; or (c) the person completes a term of office and is not reappointed; or (d) the appointment is revoked by the Governor, on the recommendation of the Attorney‑General, for— (i) mental or physical incapacity to carry out duties satisfactorily; or (ii) neglect of duty; or (iii) dishonourable conduct; or (e) the person dies. (13) Nothing in subsection (12)(b), (c) or (d) affects a person's tenure or status as a judge (in the case of an appointment under subsection (1)(a)). (14) A judge of the District Court may only act under subsection (12)(b) with the approval of the Governor. (15) The Attorney‑General must consult with the President of the Tribunal before making a recommendation under subsection (12)(d). (16) Before the Governor makes a proclamation under this section, the Attorney‑General must consult with the Chief Justice and the Chief Judge. 15—Deputy President's functions generally (1) A Deputy President of the Tribunal has the functions conferred on the Deputy President under this Act or any other Act. (2) The functions of a Deputy President include— (a) participating as a member of the Tribunal; and (b) assisting the President in the management of the business of the Tribunal; and (c) assisting the President in managing the members of the Tribunal, including in connection with the training, education and professional development of members of the Tribunal; and (d) other functions assigned by the President. (3) A Deputy President may do all things necessary or convenient to be done in the performance of the Deputy President's functions. (4) A Deputy President is subject to the direction of the President in performing the Deputy President's functions, other than adjudicating in the Tribunal. 16—Acting Deputy Presidents (1) If there is a vacancy in an office of Deputy President or a Deputy President is absent or for any other reason is unable to perform the duties of office, the Attorney‑General may appoint a person to act as a Deputy President for a period not exceeding 6 months. (2) An appointment under this section must be made in writing. (3) The Attorney‑General may only appoint— (a) a judge of the District Court; or (b) a person who is eligible for appointment as a judge of the District Court (who may already be a member of the Tribunal on some other basis), to act as a Deputy President. (4) The Attorney‑General must consult with the President of the Tribunal before making an appointment under subsection (3) and with the Chief Judge before making an appointment under subsection (3)(a). (5) A person appointed to act as a Deputy President— (a) has all the functions of a Deputy President; and (b) is taken to be a Deputy President for all purposes related to this Act or a relevant Act (and the other provisions of this Subdivision apply with any necessary modifications in relation to a person appointed under this section). (6) However, if the person appointed to act as a Deputy President is not a judge of the District Court, the person is, for the period of appointment, entitled to be paid any salary or allowances determined by the Attorney‑General after consultation with the President of the Tribunal (with a judge of the District Court being paid any salary and allowances of a Deputy President). (7) A person appointed to act as a Deputy President may be appointed to act as a Deputy President for a further period— (a) by the Attorney‑General, if the appointment is continuous on 1 or more of the person's previous appointments as an acting Deputy President and the total period of continuous appointments does not exceed 6 months; or (b) by the Governor in other circumstances. (8) The Governor may at any time, on the recommendation of the Attorney‑General, cancel the appointment of a person to act as a Deputy President. (9) Before the Governor acts under subsection (8), the Attorney‑General must consult with— (a) the President of the Tribunal (unless the Attorney‑General is acting at the request of the President); and (b) if the relevant person is a judge of the District Court—the Chief Judge. 17—Supplementary Deputy Presidents (1) Even though there is no vacancy in an office of Deputy President (and any Deputy President is performing the duties of office), the Attorney‑General may, on the request of the President of the Tribunal, temporarily appoint a person to act as a supplementary Deputy President of the Tribunal in relation to a particular matter or matters or for a specified period. (2) The Attorney‑General may only appoint— (a) a judge of the District Court; or (b) a person who is eligible to act in a judicial office on an auxiliary basis under section 3(2) of the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 (even though office under this Act is not a judicial office under that Act). (3) The Attorney‑General must consult with the Chief Judge before making an appointment under subsection (2)(a). (4) An appointment under this section must be made in writing. (5) The person may act as a Deputy President in relation to a matter, or for the period, for which the person is appointed, and when acting under the appointment the person is to be regarded as a Deputy President of the Tribunal for the purposes of this Act and any relevant Act (and the other provisions of this subdivision apply with any necessary modifications in relation to a person appointed under this section). (6) However, if a person appointed under this section is not a judge of the District Court, the person is, for the period of appointment, entitled to be paid any salary or allowances determined by the Attorney‑General after consultation with the President of the Tribunal (with a judge of the District Court being paid any salary or allowances of a Deputy President). (7) A person appointed under this section for a particular period may be appointed to act for a further period by the Attorney‑General after consultation with, or at the request of, the President of the Tribunal. (8) The Governor may at any time, on the recommendation of the Attorney‑General, cancel the appointment of a person under this section. (9) Before the Governor acts under subsection (8), the Attorney‑General must consult with— (a) the President of the Tribunal (unless the Attorney‑General is acting at the request of the President); and (b) if the relevant person is a judge of the District Court—the Chief Judge. Subdivision 4—Magistrates 18—Magistrates (1) Any magistrate holding office under the Magistrates Act 1983 who is designated by the Governor, by proclamation, as a member of the Tribunal on a recommendation of the Attorney‑General will (while he or she continues to hold office as a magistrate) be a member of the Tribunal. (2) The Attorney‑General must consult with the President of the Tribunal and the Chief Magistrate before making a recommendation under subsection (1). (3) A magistrate appointed under this section will act as a full‑time, part‑time or sessional member of the Tribunal under an arrangement established by the President and the Chief Magistrate (being an arrangement that may be varied from time to time). (4) The designation of a magistrate under this section does not affect— (a) the magistrate's tenure of office or status as a magistrate; or (b) the payment of the magistrate's salary or allowances as a magistrate; or (c) the ability of the person from doing anything in the person's capacity as a magistrate; or (d) any other right or privilege that the magistrate has as a magistrate. Subdivision 5—Senior members and ordinary members 19—Appointment of senior members and ordinary members (1) The Governor may, on the recommendation of the Minister, appoint a person as— (a) a senior member of the Tribunal; or (b) an ordinary member of the Tribunal. (2) The Minister may from time to time appoint a panel of persons who will, at the request of the Minister— (a) after consultation with the President, recommend the selection criteria for the senior members and ordinary members of the Tribunal; (b) assess a candidate or candidates for appointment as a senior member or ordinary member of the Tribunal (and, as appropriate, to provide advice to the Minister for the purposes of subsection (1)). (3) A person is eligible for appointment as a senior member or ordinary member of the Tribunal only if the person— (a) is a legal practitioner of at least 5 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State); or (b) has, in the Minister's opinion, extensive knowledge, expertise or experience relating to a class of matter for which functions may be exercised by the Tribunal. (4) In recommending persons for appointment as members, the Minister must have regard to— (a) any criteria applying under subsection (2)(a); and (b) any advice provided under subsection (2)(b); and (c) the following: (i) the need for balanced gender representation in the membership of the Tribunal; (ii) the need for the membership of the Tribunal to reflect social and cultural diversity; (iii) the range of knowledge, expertise and experience required within the membership of the Tribunal. (5) The Minister must consult with the President of the Tribunal before making a recommendation under subsection (1). (6) A senior member or ordinary member of the Tribunal will be appointed for a term of office, of between 3 and 5 years, specified in the instrument of appointment. (7) A person appointed as a senior member or ordinary member of the Tribunal is eligible for reappointment at the expiration of a term of office (and without the need for seeking advice from a panel established under subsection (2)). (8) A senior member or ordinary member of the Tribunal is appointed on conditions specified in the instrument of appointment. (9) A senior member or ordinary member of the Tribunal may be appointed on a full‑time, part‑time or sessional basis (and this may be altered from time to time with the agreement of the Minister). (10) A senior member or ordinary member of the Tribunal— (a) must advise the President of the Tribunal of the nature of any paid employment or professional work undertaken outside his or her duties as a member of the Tribunal; and (b) must not engage in any such employment or work if the President informs the member that, in the President's opinion, to do so would or may conflict with the proper performance of the member's duties of office. (11) The Minister must consult with the President about— (a) the conditions of an appointment under subsection (8); and (b) the basis of an appointment under subsection (9). 20—Member ceasing to hold office and suspension (1) The Governor may, on the recommendation of the Minister, remove a senior member or ordinary member of the Tribunal from office for— (a) mental or physical incapacity to carry out official duties satisfactorily; or (b) neglect of duty; or (c) dishonourable conduct. (2) A person ceases to be a senior member or an ordinary member of the Tribunal if the person— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) ceases to satisfy any qualification by virtue of which the person was eligible for appointment to the Tribunal; or (e) is removed from office under subsection (1). (3) The Minister must consult with the President before making a recommendation under subsection (1). (4) The President may, on his or her own initiative or at the request of the Minister, suspend a senior member or ordinary member of the Tribunal from office if it appears that there may be grounds for the removal of the member from the member's office. (5) If a senior member or ordinary member of the Tribunal who is appointed on a full‑time or part‑time basis is suspended under subsection (4), the member remains entitled to the member's usual remuneration and allowances during the period of suspension. 21—Supplementary members (1) The Attorney‑General may, at the request or with the agreement of the President of the Tribunal, temporarily appoint a person to act as a supplementary senior member or a supplementary ordinary member of the Tribunal in relation to a particular matter or matters or for a specified period. (2) The Attorney‑General may only appoint a person under this section if he or she is eligible for appointment as a senior member or an ordinary member of the Tribunal. (3) An appointment under this section must be made in writing. (4) The person may act as a member of the Tribunal in relation to a matter, or for the period, for which the person is appointed, and when acting under the appointment the person is to be regarded as a senior member or an ordinary member of the Tribunal (according to the basis on which the appointment was made) for the purposes of this Act and any relevant Act (and the other provisions of this subdivision apply with any necessary modifications in relation to a person appointed under this section). (5) A person appointed under this section is, for the period of appointment, entitled to be paid any salary or allowances determined by the Attorney‑General after consultation with the President of the Tribunal. (6) A person appointed under this section for a particular period may be appointed to act for a further period by the Attorney‑General after consultation with the President of the Tribunal. (7) The Governor may at any time, on the recommendation of the Attorney‑General, cancel the appointment of a person under this section. (8) Before the Governor acts under subsection (7), the Attorney‑General must consult with the President of the Tribunal (unless the Attorney‑General is acting at the request of the President). Subdivision 6—Assessors 22—Assessors (1) There will be such panels of assessors as may be necessary for the purposes of any relevant Act. (2) An assessor will be appointed by the Minister on the recommendation of the President of the Tribunal. (3) Before appointing a person as an assessor under this section, the Minister must be satisfied that the person is qualified, by reason of his or her knowledge, expertise and experience, to provide specialist knowledge in a field or fields in which the Tribunal exercises jurisdiction (after taking into account the provisions of any relevant Act). (5) An assessor will be appointed for a term of office, not exceeding 5 years, specified in the instrument of appointment and is eligible for reappointment at the expiration of a term of office. (6) An assessor is appointed on conditions specified in the instrument of appointment. (7) An assessor will sit on a sessional basis. (8) Subject to the conditions of appointment, an assessor may perform work outside the Tribunal. (9) The Minister may, on the recommendation of the President of the Tribunal, remove an assessor from office for— (a) mental or physical incapacity to carry out official duties satisfactorily; or (b) neglect of duty; or (c) dishonourable conduct. (10) A person ceases to be an assessor if the person— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) ceases to satisfy any qualification by virtue of which the person was eligible for appointment to the Tribunal; or (e) is removed from office under subsection (9). (12) The Minister may make appointments from time to time for the purpose of maintaining or increasing the membership of panels established under this section. Division 4—Constitution of Tribunal and its decision‑making processes 23—Constitution of Tribunal (1) Subject to this section, the President may determine, in relation to a particular matter or matters, or particular classes of matters, which member or members of the Tribunal will constitute the Tribunal. (2) The Tribunal is not to be constituted by more than 3 members. (3) A person is not allowed to be a sitting member of the Tribunal, or perform any function as a member of the Tribunal, in relation to a matter in the review jurisdiction of the Tribunal if the person was— (a) the decision‑maker in relation to that matter; or (b) a member of a body that was the decision‑maker in relation to that matter. (4) The President may, as he or she thinks fit— (a) alter who is to constitute the Tribunal for the purpose of dealing with a matter, or anything relating to a matter, and the Tribunal as constituted after the alteration can have regard to any record of the proceedings of the Tribunal in relation to the matter before the alteration or any evidence taken in the proceedings before the alteration; (b) provide that different aspects of the same matter may be dealt with by different members of the Tribunal, and the members of the Tribunal may then come together and have regard to any evidence taken by the respective members of the Tribunal for the purposes of the proceedings of the Tribunal. (5) In addition, the Tribunal may be constituted of— (a) a registrar for the purpose of adjourning proceedings; or (b) a registrar or other member of the staff of the Tribunal for any other purpose specified by this Act or a relevant Act, prescribed by the rules of the Tribunal, or determined by the President. (6) The Tribunal may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters. (7) The Tribunal may, if it considers it appropriate to do so, organise its business and regulate proceedings before the Tribunal in such a way that 2 or more proceedings in respect of the same matter are heard together. (8) Where a registrar or other member of the staff of the Tribunal exercises the jurisdiction of the Tribunal, the registrar or other member of the staff may, and must if the Tribunal or the President of the Tribunal so directs, refer the matter to the Tribunal for determination by the Tribunal. (9) If a provision of this Act and the provisions of a relevant Act deal with the manner in which the Tribunal is to be constituted for the purposes of proceedings or any other business under a relevant Act, this section applies subject to those provisions of the relevant Act. 24—Who presides at proceedings of Tribunal (1) If, for dealing with a particular matter, the Tribunal is constituted by 2 or more members, the most senior of them is to preside at the proceedings of the Tribunal. (2) The seniority of members of the Tribunal depends on which of the offices held takes precedence and, if that does not determine a member's seniority, the matter is to be resolved by the President of the Tribunal. (3) The order of precedence of offices is as follows: (a) President; (b) Deputy President; (c) magistrate; (d) senior member; (e) ordinary member; (f) assessor. 25—Decision if 2 or more members constitute Tribunal (1) Subject to subsection (2), if the Tribunal is constituted by 2 or more members, a question they are required to decide is resolved, unless section 26 applies, according to the opinion of the majority of them but, if their opinions on the question are equally divided, the question is to be resolved according to the opinion of the presiding member. (2) If the constitution of the Tribunal, as described in subsection (1), includes 1 or more assessors, questions of law or procedure will be determined by the presiding member. 26—Determination of questions of law (1) The member of the Tribunal constituting the Tribunal or, if the Tribunal is constituted by 2 or more members, the presiding member, may refer a question of law to a Presidential member of the Tribunal. (2) If a question of law is referred under this section— (a) the question is decided by the Tribunal according to the opinion of the Presidential member of the Tribunal; or (b) the Presidential member may refer the question to the Court of Appeal for determination. (3) If a Presidential member of the Tribunal decides a question of law under subsection (2), the Presidential member may, in addition— (a) decide any other questions remaining between the parties; and (b) make such orders that are necessary to dispose of the matter. Division 5—Related matters 27—Streams Without limiting any other provisions, the President of the Tribunal may, in order to facilitate the expeditious conduct of its proceedings, and the proper and effective resolution of matters before the Tribunal, establish various streams or lists that reflect the areas of jurisdiction of the Tribunal. 28—Validity of acts of Tribunal An act or proceeding of the Tribunal is not invalid by reason only of a vacancy in the membership of, or a defect in the appointment of a person to, the Tribunal or a panel from which members of the Tribunal are drawn, or a defect in the appointment of any other person to act on behalf of the Tribunal. 29—Disclosure of interest by members of Tribunal If the Tribunal is constituted of, or includes, a member who has a pecuniary or other interest that could conflict with the proper performance of the member's functions in proceedings before the Tribunal, the member— (a) must disclose the interest to the parties to the proceedings and to the President of the Tribunal; and (b) must not take part in the proceedings or exercise powers affecting the proceedings— (i) if the President directs the member to withdraw from the proceedings; or (ii) if a party to the proceedings does not consent to the member hearing and determining, or participating in the hearing and determination of, the proceedings. 30—Delegation (1) The President of the Tribunal may delegate a function or power of the President under this or any other Act— (a) to another member of the Tribunal; or (b) to a member of the staff of the Tribunal; or (c) to the person (being either a member of the Tribunal or a member of the staff of the Tribunal) for the time being performing particular duties or holding or acting in a particular position. (2) A delegation under subsection (1)— (a) must be made by instrument in writing; and (b) may be conditional; and (c) does not derogate from the ability of the President to act in any matter; and (d) is revocable at will by the President. Part 3—Jurisdiction Division 1—Preliminary 31—Sources of jurisdiction (1) The Tribunal will have the jurisdiction conferred on it by or under this or any other Act. (2) Without limiting subsection (1), if a provision of an Act enables an application, referral or appeal to be made to the Tribunal, or a claim to be brought before the Tribunal, the Act will be taken to confer jurisdiction on the Tribunal to deal with the matter concerned. 32—Kinds of jurisdiction (1) Subject to subsection (2), a matter in which the Tribunal has jurisdiction comes within— (a) its original jurisdiction; or (b) its review jurisdiction. (2) Subsection (1)(b) does not encompass the internal review jurisdiction that is exercised under Part 5 Division 1. Division 2—Original jurisdiction 33—Original jurisdiction (1) Subject to subsection (2), if the matter that a relevant Act gives the Tribunal to deal with does not involve a reviewable decision within the meaning of section 34, the matter comes within the Tribunal's original jurisdiction. (2) Subject to subsections (3) and (4) the Tribunal will, in its original jurisdiction, depending on the nature of the matter— (a) act as the original decision‑maker in the matter (and accordingly apply those principles which, according to law, are to be applied to bodies that make such decisions pursuant to statute); or (b) resolve a dispute between parties to the relevant proceedings; or (c) adopt any other course of action that the Tribunal considers appropriate to deal with the matter. (3) In exercising its original jurisdiction, the Tribunal is to deal with a matter in accordance with this Act and the relevant Act. (4) Furthermore, the relevant Act may modify the operation of this Act in relation to a matter that comes within the Tribunal's original jurisdiction. Division 3—Review jurisdiction 34—Decisions within review jurisdiction (1) If the matter that a relevant Act gives the Tribunal jurisdiction to deal with is a matter that expressly or necessarily involves a review of a decision (a reviewable decision), the matter comes within the Tribunal's review jurisdiction. (2) For the purposes of subsection (1) (and the other sections of this Division), and subject to the provisions of a relevant Act, a reviewable decision is— (a) a decision made by the Crown or an agency or instrumentality of the Crown; or (b) a decision made by a prescribed person or body; or (c) a prescribed decision or class of decision, but does not include a decision made by a person or body or a decision, or class of decision, excluded by the regulations. (2a) For the purposes of this Act— (a) unless paragraph (b) applies—the decision‑maker for a reviewable decision is the person or body that made or is taken to have made the reviewable decision; (b) the rules may provide— (i) that the decision‑maker for a reviewable decision will, instead of being the person or body under paragraph (a), be a person or body that is assigned by the rules as being a suitable entity to act as the decision‑maker for the purposes of this Act (or specified provisions of this Act); or (ii) that a reference to the decision‑maker for a reviewable decision in this Act (or specified provisions of this Act) will be taken to include a reference to a person or body that is designated by the rules as being a suitable entity to act jointly with the person or body under paragraph (a) for the purposes of this Act (or specified provisions of this Act), and rules made under this paragraph will then have effect in accordance with their terms. (3) Subject to subsections (4), (5) and (6), the Tribunal will, in exercising its review jurisdiction, examine the decision of the decision‑maker by way of rehearing. (4) On a rehearing, the Tribunal must reach the correct or preferable decision but in doing so must have regard to, and give appropriate weight to, the decision of the original decision‑maker. (5) A procedure on a rehearing will include— (a) an examination of the evidence or material before the decision‑maker (unless any such evidence or material is to be excluded under another provision of this Act or under any other law); and (b) a consideration of any further evidence or material that the Tribunal decides, in the circumstances of the particular case, to admit for the purposes of rehearing the matter. (6) In exercising its review jurisdiction, the Tribunal is to deal with a matter in accordance with this Act and the relevant Act. (7) Furthermore, the relevant Act may modify the operation of this Act in relation to a matter that comes within the Tribunal's review jurisdiction. 35—Decision‑maker must assist Tribunal (1) In proceedings for the review of a reviewable decision, the decision‑maker for the reviewable decision must use his or her best endeavours to help the Tribunal so that it can make its decision on the review. (2) Without limiting subsection (1), the decision‑maker must provide the following to the Tribunal within a reasonable period and in any event within the time prescribed by the regulations: (a) a written statement of the reasons for the decision; (b) any document or thing in the decision‑maker's possession or control that may be relevant to the Tribunal's review of the decision. (3) The decision‑maker must, in providing any document or thing under subsection (2), take reasonable steps to identify the documents or things that were taken into account in making the relevant decision. (4) If the Tribunal considers that there are additional documents or things in the decision‑maker's possession or control that may be relevant to the Tribunal's review of the reviewable decision, the Tribunal may, by written notice, require the decision‑maker to provide the documents or things. (5) If the Tribunal considers the statement of reasons given under subsection (2)(a) is not adequate, the Tribunal may, by written notice, require the decision‑maker to give the Tribunal an additional statement containing stated further particulars. (6) The decision‑maker must comply with a notice given under subsection (4) or (5) within the period stated in the notice. (7) A requirement under this section that the decision‑maker give the Tribunal information or a document or thing applies despite any provision in another Act prohibiting or restricting the disclosure of the information or the information contained in the document or thing. (8) The Tribunal may examine any document or thing provided under this section and draw any conclusions of fact it considers proper. 36—Effect of review proceedings on decision being reviewed (1) The commencement of proceedings for the review of a decision does not affect the operation of the decision or prevent the taking of action to implement the decision unless— (a) the relevant Act states otherwise; or (b) an order is made under subsection (2). (2) On or after the commencement of proceedings for the review of a decision, the Tribunal or the decision‑maker may, on application or on its own initiative, make an order staying or varying the operation or the implementation of the whole or a part of the reviewable decision pending the determination of the matter, or until such time (whether before or after the determination of the matter) as the Tribunal or the decision‑maker may specify, if the Tribunal, or the decision‑maker, is satisfied that it is just and reasonable in the circumstances to make the order. (3) An order by the Tribunal or the decision‑maker under this section— (a) is subject to such conditions as are specified in the order; and (b) may be varied or revoked— (i) in any case—by further order of the Tribunal; or (ii) if the order was made by the decision‑maker—by further order by the decision‑maker or the Tribunal. 37—Decision on review (1) The Tribunal may, on a review under this Division— (a) affirm the decision that is being reviewed; or (b) vary the decision that is being reviewed; or (c) set aside the decision being reviewed and— (i) substitute its own decision; or (ii) send the matter back to the decision‑maker for reconsideration in accordance with any directions or recommendations that the Tribunal considers appropriate, and, in any case, may make any order the Tribunal considers appropriate (including any interim order pending the reconsideration and determination of the matter by the decision‑maker, or any ancillary or consequential order, that the Tribunal considers appropriate). (2) The fact that a decision is made on reconsideration under subsection (1)(c)(ii) does not prevent the decision from being open to review by the Tribunal. (3) The decision‑maker's decision as affirmed or varied by the Tribunal or a decision that the Tribunal substitutes for the decision‑maker's decision— (a) is to be regarded as, and given effect as, a decision of the decision‑maker; and (b) unless the relevant Act states otherwise or the Tribunal orders otherwise, is to be regarded as having effect, from the time when the decision reviewed would have, or would have had, effect. (4) Without limiting subsection (3)(a), the decision‑maker has power to do anything necessary to implement the Tribunal's decision. (5) Despite subsection (3)(a), the decision as affirmed, varied or substituted is not again open to review before the Tribunal as a decision of the decision‑maker (but may be subject to appeal under this Act). 38—Tribunal may invite decision‑maker to reconsider decision (1) At any stage of proceedings for the review of a reviewable decision, the Tribunal may invite the decision‑maker to reconsider the decision. (2) On being invited by the Tribunal to reconsider the reviewable decision, the decision‑maker may— (a) affirm the decision; or (b) vary the decision; or (c) set aside the decision and substitute a new decision. (3) If the decision‑maker varies the decision or sets it aside and substitutes a new decision, unless the proceedings for a review are withdrawn, the proceedings will then be taken to be for— (a) the review of the decision as varied; or (b) the review of the substituted decision. (4) The Tribunal may specify a period within which the decision‑maker should act under this section (and if the decision‑maker does not take action within that period then the Tribunal may resume its proceedings under this Division in such manner as it thinks fit). Part 3A—Diversity proceedings 38A—Interpretation (1) In this Part— federal diversity jurisdiction means jurisdiction of the kind referred to in section 75(iii) or (iv) of the Constitution of the Commonwealth; rules of the Court means the rules of the Court made under the Magistrates Court Act 1991; transferred proceeding—see section 38B. (2) For the purposes of this Part, a reference to the making of an application, or an application made, to the Tribunal will be taken to include the referral of a matter to, or otherwise bringing of a matter before, the Tribunal. 38B—Transfer of applications involving federal diversity jurisdiction to Magistrates Court (1) If a person has standing to make an application to the Tribunal in the exercise of its original jurisdiction under section 33 or its review jurisdiction under section 34, the application may be determined by the Magistrates Court in accordance with this Part instead of the Tribunal. (2) If, following an application made to the Tribunal in the manner and form required under this Act for the kind of application concerned, the Tribunal considers that— (a) it does not have, or there is some doubt as to whether it has, jurisdiction to determine the application because its determination may involve the exercise of federal diversity jurisdiction; and (b) the Tribunal would otherwise have had jurisdiction enabling it to determine the application, then the Tribunal may order that proceedings on the application be transferred to the Magistrates Court. (3) A proceeding transferred to the Magistrates Court under subsection (2) is a transferred proceeding. (4) If proceedings are transferred to the Magistrates Court under this Part— (a) the application made to the Tribunal will be taken to be duly made as an application to the Court; and (b) the proceedings may be continued and completed as if steps taken in the proceedings prior to the transfer had been taken in the Court. (5) The fee payable in respect of the application is the relevant fee (if any) payable to the Tribunal under this Act. (6) A party to the transferred proceeding is not required to pay any fees in relation to the transfer of the proceedings to the Magistrates Court unless the Court determines that additional fees are payable under the Magistrates Court Act 1991 because of a substantial alteration in the nature of the claims in the proceedings. (7) An order made by the Tribunal under subsection (2) may not be the subject of review or appeal under Part 5 of this Act. (8) The Magistrates Court may remit the transferred proceedings to the Tribunal for determination if the Court is satisfied that the Tribunal has jurisdiction to determine the matter. (9) If the Magistrates Court remits the transferred proceedings to the Tribunal, the Court may make such orders that it considers appropriate to facilitate the determination of the proceedings by the Tribunal. (10) The Tribunal must determine transferred proceedings that are remitted to it in accordance with any orders made by the Magistrates Court. 38C—Magistrates Court proceedings, jurisdiction, powers and functions etc (1) Transferred proceedings are taken to have been commenced in the Magistrates Court on the day on which the application to which the proceedings relate was first made to the Tribunal. (2) Subsection (1) applies despite any limitation period under the Limitation of Actions Act 1936 or any relevant Act that applies to the application concerned provided it was lodged with the Tribunal before the expiry of the period. (3) The Magistrates Court has, and may exercise, all of the jurisdiction, powers and functions in relation to the transferred proceedings that the Tribunal would have had if it could exercise federal diversity jurisdiction, including jurisdiction, powers and functions conferred or imposed on the Tribunal by or under this Act or a relevant Act. (4) The practices and procedures that apply to the Tribunal under this Act (including the rules) or a relevant Act will apply to the Magistrates Court in respect of the transferred proceedings unless, and to such extent as, the Court determines otherwise. (5) The Magistrates Court may make such orders (including in relation to the Tribunal) as it considers appropriate to facilitate its determination of the transferred proceedings. 38D—Modifications of certain functions, powers and procedures etc Despite section 38C, the following provisions apply in relation to transferred proceedings: (a) the Magistrates Court is to be constituted as provided by or under the Magistrates Court Act 1991 instead of as provided by or under this Act or a relevant Act; (b) subject to the provisions of a relevant Act and the rules of the Court, a party to the proceedings is entitled to be represented by a legal practitioner or, with leave of the Magistrates Court, by some other person, but only in the circumstances that the Tribunal would have been permitted to allow if the proceedings were before the Tribunal; (c) the law applicable to reviews of, or appeals against, decisions of the Magistrates Court applies to decisions of the Court in the transferred proceedings instead of Part 5 of this Act (however, the Court may make an order staying the operation of the relevant decision (including the decision of a relevant decision‑maker) until the proceedings are finally decided, on such conditions as may be specified in the order); (d) the Magistrates Court may award costs in the proceedings only in the circumstances that the Tribunal would have been permitted to award them (and the costs are to be assessed in the same way as they would have been) if the proceedings were before the Tribunal; (e) the Magistrates Court may make orders giving effect to any settlement reached by the parties even if that settlement was reached before the commencement of this Part or before proceedings were transferred to the Court under this Part; (f) the regulations may prescribe other modifications (including to the provisions of this Act or any other Act or regulations under an Act) for the transferred proceedings of the kind concerned. 38E—Compulsory conferences (1) Subject to the provisions of a relevant Act, the Magistrates Court may, if the Court considers it is appropriate, require the parties to transferred proceedings to attend a compulsory conference presided over by a member of the Tribunal or a registrar of the Tribunal under section 50. (2) The Magistrates Court may give such directions to the Tribunal in relation to the procedures and conduct of the conference as the Court considers appropriate. 38F—References to Tribunal in other Acts or regulations To avoid doubt, but subject to the regulations— (a) a reference to the Tribunal in a provision of an Act or regulations under an Act that confers or imposes a function on the Tribunal is to be read as including a reference to the Magistrates Court if the function is conferred or imposed on the Court because of the operation of this Part; and (b) a reference to proceedings in the Tribunal in a provision of a kind referred to in paragraph (a) is to be read as including a reference to proceedings in the Magistrates Court. 38G—Bailiffs To avoid doubt, if a provision of a relevant Act provides for the enforcement of an order of the Tribunal by a bailiff appointed under this Act, then that provision is to be read as including a reference to an order of the Magistrates Court made because of the operation of this Part (and in enforcing an order of the Court, the bailiff may, in accordance with provisions of the relevant Act, exercise the powers conferred by that Act). 38H—Relationship of this Part to this Act and other laws The provisions of this Part prevail to the extent of any inconsistency between those provisions and any other provisions of this Act or any other Act. 38I—Enforcement, variation or revocation of purported orders (1) The amount specified in a purported monetary order made by the Tribunal may be recovered in the appropriate court (within the meaning of section 89) by the person in favour of whom the order was made as if it were a debt. (2) A person who contravenes or fails to comply with the terms of a purported order of the Tribunal (other than a purported monetary order) is guilty of an offence. Maximum penalty: $50 000 or imprisonment for 2 years. (3) If a person seeks a variation or revocation of a purported order or purported monetary order— (a) the person may apply to the Tribunal; and (b) the Tribunal must order that proceedings on the application be transferred to the Magistrates Court, and such a matter will be a transferred proceeding for the purposes of this Part. (4) No act undertaken, or purportedly undertaken, by a person pursuant to, or for the purposes of enforcing, a purported order or a purported monetary order, in good faith, gives rise to any liability against the person or the Crown. (5) In this section, a reference to a purported order or a purported monetary order is a reference to an order purportedly made by the Tribunal (whether before or after the commencement of this Part) that is invalid because determination of the application that gave rise to the order involved the exercise of federal diversity jurisdiction and that, on the commencement of this Part, is to be made by the Magistrates Court. Part 4—Principles, powers and procedures Division 1—Principles governing hearings 39—Principles governing hearings (1) On the hearing of any proceedings, but subject to the provisions of a relevant Act— (a) the procedure of the Tribunal will, subject to this Act, be conducted with the minimum of formality; and (b) the Tribunal is not bound by the rules of evidence, may adopt, as in its discretion it considers appropriate, any findings, decision or judgment of a court or other tribunal (insofar as may be relevant to the proceedings before the Tribunal), and may otherwise inform itself as it thinks fit; and (c) the Tribunal must act according to equity, good conscience and the substantial merits of the case and without regard to legal technicalities and forms. (2) Nothing in this Act affects any rule or principle of law relating to— (a) legal professional privilege; or (b) "without prejudice" privilege; or (c) public interest immunity. (3) This section does not limit the operation of section 69. Division 2—Evidentiary powers 40—Power to require person to give evidence or to produce evidentiary material (1) The Tribunal may, on the application of a party to proceedings or on its own initiative, issue a summons requiring a person to appear before the Tribunal at a specified time and place to give evidence or to produce evidentiary material (or both). (2) A summons to produce evidentiary material may, instead of providing for production of the material before the Tribunal, provide for production of the material to an offi