Queensland Consolidated Acts

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MENTAL HEALTH ACT 2000 - SECT 459

459 Hearing procedures

(1) At a hearing, the tribunal must—

(a) observe natural justice; and
(b) act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it.

(2) In conducting the hearing, the tribunal—

(a) is not bound by the rules of evidence; and
(b) may inform itself on a matter in a way it considers appropriate; and
(c) may decide the procedures to be followed for the hearing.

(3) However, the tribunal must comply with this part and any tribunal rules.

(4) A party to a proceeding must be given a reasonable opportunity to present the party's case, and in particular to inspect a document to which the tribunal proposes to have regard in reaching a decision in the proceeding and to make submissions about the document.

(5) However, the tribunal may displace the right to inspect by a confidentiality order.



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