3.8.7 Further Hearings

Date Published

A hearing officer may become aware of relevant evidence or facts once a hearing has been completed.  In this situation, reg 5.23 applies and the parties should be offered a further hearing at which they can argue the material which the hearing officer has become aware of.  In general, such further hearings are heard by way of written submissions.

Note that once a decision has been made, that decision cannot be re-heard or challenged, except on appeal (R v Smith; Ex parte Mole Engineering Pty Ltd [1981] HCA 25).