Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p70
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 176048–178779

or cross-examine any other person appearing before the Tribunal to give evidence.

"(7) If a person appearing before the Tribunal to give evidence is not proficient in English, the Tribunal may direct that communication with that person during his or her appearance proceed through an interpreter.

Tribunal member may authorise another person to take evidence

"166DE.(1) The power of the Tribunal under paragraph 166DD(1)(a) to take evidence on oath or affirmation for the purpose of a review may be exercised by the Tribunal or on behalf of the Tribunal by:

    (a)     a person appointed or employed under the Public Service Act 1922; or

    (b)     another person approved in writing by the Minister for the purposes of this section;

who is authorised in writing by the Tribunal.

"(2) The power of the Tribunal may be exercised under subsection (1):

   (a)     inside or outside Australia; and

     (b)     subject to such limitations (if any) as are specified by the Tribunal.

"(3) If a person other than the Tribunal is authorised under subsection (1) to take evidence for the purpose of a review:

   (a) the person has, for the purpose of taking that evidence:

         (i) all the powers of the Tribunal under subsection 166DD(1); and

          (ii) the power to administer an oath or affirmation to a person appearing before the first-mentioned person to give evidence; and

     (b) for the purpose of the exercise of those powers by that person, this Part has effect (except where the context otherwise requires) as if a reference to the Tribunal included a reference to that person.

"(4) If a person (other than the Tribunal as constituted for the purpose of the review) exercises the power of the Tribunal to take evidence on oath or affirmation for the purpose of a review, the person must cause a written record of the evidence taken to be made and sent to the Tribunal.

"(5) If the Tribunal receives, under subsection (4), a record of evidence given by the applicant, the Tribunal, for the purposes of section 166DB, is taken to have given the applicant an opportunity to appear before it to give evidence.

Review to be in private

" 166DF. The hearing of an application for review by the Tribunal must be in private.

"Division 5—Decisions of Refugee Review Tribunal

Refugee Review Tribunal to record its decisions etc. and to notify parties

"166E.(1) Where the Tribunal makes its decision on a review, the Tribunal must prepare a written statement that:

  (a)     sets out the decision of the Tribunal on the review; and

  (b)     sets out the reasons for the decision; and

  (c)     sets out the findings on any material questions of fact; and

    (d)     refers to the evidence or any other