Western Australian Consolidated Acts Western Australian Consolidated Acts[Section 148D]
[Heading inserted by No. 55 of 2004
s. 746.]
(1) A party to a
proceeding before the State Administrative Tribunal may appear personally
unless the State Administrative Tribunal, being of the opinion that the
personal appearance of a person would be detrimental to the health of the
person, orders that the person be represented.
(2) The State
Administrative Tribunal may arrange for a person to be represented in
proceedings before it if the person wishes the State Administrative Tribunal
to do so.
[Clause 1 inserted by No. 55 of 2004
s. 746.]
(1) A hearing before
the State Administrative Tribunal is not open to the public unless the State
Administrative Tribunal orders that it is open to the public.
(2) The State
Administrative Tribunal may permit specified persons to be, or preclude
specified persons (which may include witnesses) from being, present at a
hearing.
(3) In this clause a
reference to a hearing includes a reference to a part of a hearing.
[Clause 2 inserted by No. 55 of 2004
s. 746.]
3 . Certain information not to be published
(1) A person is not to
publish by any means —
(a) any
account of any proceeding or part of a proceeding before the State
Administrative Tribunal commenced under this Act; or
(b) any
evidence given before the State Administrative Tribunal in a proceeding
commenced under this Act; or
(c) the
contents of any document produced to the State Administrative Tribunal in a
proceeding commenced under this Act; or
(d) any
other information relating to a proceeding before the State Administrative
Tribunal commenced under this Act,
that might identify
—
(e) a
person who is a party to the proceeding; or
(f) a
person who is related to, or associated with, a party to the proceeding or is,
alleged to be, in any other way concerned in the matter to which the
proceeding relates; or
(g) a
witness in the proceeding.
(2) Except as
permitted by regulations a person is not to publish by any means (other than
by the display of a notice in the premises of the State Administrative
Tribunal), a list of proceedings to be dealt with by the State Administrative
Tribunal identified by reference to the names of the parties to those
proceedings.
(3) Subclauses (1) and
(2) do not apply to —
(a) the
communication to persons concerned in proceedings in any court or tribunal of
any transcript of evidence or other document for use in connection with those
proceedings; or
(b) the
communication of any transcript of evidence or any other document to a body
that is responsible for disciplining members of the legal or medical
profession or to persons concerned in proceedings before such a body; or
(c) the
communication to a body that grants assistance by way of legal aid of any
transcript of evidence or any other document for the purpose of facilitating
the making of a decision as to whether such assistance should be granted or
continued in any particular case; or
(d) the
publishing of a publication genuinely intended primarily for the use of
members of any profession, being —
(i)
a separate volume or part of a series of law reports; or
(ii)
any other publication of a technical character.
(4) Without limiting
subclauses (1) and (2) the State Administrative Tribunal may in any particular
case order that —
(a) any
evidence given before it; or
(b) the
contents of any document produced to it; or
(c) any
other information relating to a proceeding before it,
must not be published,
or must not be published except in the manner or to persons specified by the
State Administrative Tribunal.
(5) A person who
contravenes subclause (1) or (2) commits an offence and is liable to a fine of
$5 000.
[Clause 3 inserted by No. 55 of 2004
s. 746.]