Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_23a
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 23A
Character Range: 44450–45399

23A  General nature of proceedings under this Act
 (1) Proceedings under this Act are not to be conducted in an adversarial manner.
 (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.
 (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.
 (4) In proceedings under this Act, the standard of proof is proof on the balance of probabilities.
 (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.
 (6) In this section:
proceedings under this Act does not include proceedings relating to an offence against this Act.