7.8.1 Setting Down Hearings

Date Published

Note:

In this topic:

Relevant Legislation

The Act

The Regulations

Overview​​​​​​​

Relevant Legislation

The Act

Section 60Hearing and decision by Commissioner
Section 101NHearing and decision by Commissioner

The Regulations

Regulation 5.20Hearing and decision – other circumstances
Regulation 22.22Exercise of discretionary powers by the Commissioner
Regulation 22.23Written submissions and oral hearings

 

Overview

A hearing will be set down when:

  • a person makes a justifiable request to be heard;
  • a party to a matter 'objects' to a request by another party for the exercise of a discretionary power of the Commissioner; or
  • the evidentiary stages of an opposition have been completed.

Where there is more than one opponent, the practice of the Commissioner is to hear all the oppositions at the one hearing and issue one decision. In general, the Commissioner will proceed to set matters for hearing at the earliest reasonable date.