3.8.1 Setting Down Hearings

Date Published


In this topic:

Relevant Legislation

The Act

Section 60

Hearing and decision by Commissioner

Section 101N

Hearing and decision by Commissioner

The Regulations

Regulation 5.20

Hearing and decision – other circumstances

Regulation 22.22

Exercise of discretionary powers by the Commissioner

Regulation 22.23

Written submissions and oral hearings


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.