Victorian Current Acts Victorian Current Acts(1) In conducting a hearing, a mining warden—
(a) is not bound by rules of evidence but may inform himself or herself on any matter in any manner that he or she thinks fit; and
(b) is bound by the rules of natural justice; and
(c) is not required to conduct the hearing in a formal manner.
(2) Evidence in a hearing—
(a) may be given orally or in writing; and
S. 100(2)(b) amended by No. 6/2018 s. 68(Sch. 2 item 89).
(b) if the mining warden so requires, must be given on oath or by affirmation or by affidavit.
(3) A party may appear before a mining warden in person or may be represented by an agent.
S. 100(4) amended by Nos 18/2005 s. 18(Sch. 1 item 69), 17/2014 s. 160(Sch. 2 item 64).
(4) A party may only be represented by an agent who is an Australian lawyer if—
(a) the other parties to the matter agree; or
(b) the mining warden grants leave.
(5) Otherwise, the procedure of the mining warden is in his or her discretion.