Document ID: chunk:federal_register_of_legislation:F2020L01675:reg:40
Version: federal_register_of_legislation:F2020L01675
Segment Type: reg
Provision Reference: reg 40
Character Range: 35338–36661

40      Conduct of appeal by Appeals Committee

(1)    Business may be carried out at a meeting of the Appeals Committee (including any hearing) only if the chair and at least 2 other members are present.

(2)    The Appeals Committee may, subject to this Part, decide its own procedures in relation to an appeal.

(3)    The Appeals Committee is not bound to act in a formal way and may inform itself in any way it considers just.

(4)    However, the Appeals Committee must give the appellant (and, if the appellant is the responsible executive, each party to the appeal) an opportunity to present evidence and make representations.
            [Note: For the parties to an appeal by the responsible executive, see section 39(4) (Appeal by responsible executive).]

(5)    But, the Appeals Committee must disregard any statement that, in the committee's opinion, has been obtained unfairly or to which it would be unjust to have regard.

(6)    A decision of the Appeals Committee is not invalid only because of a formal defect or irregularity in the convening or conduct of the committee.

(7)    To remove any doubt, this Part does not limit the power of the Appeals Committee to permit or require a person to participate in the appeal remotely by teleconference, videoconference or any other method of communication.