Document ID: chunk:federal_register_of_legislation:C2004A04382:body:0:p7
Version: federal_register_of_legislation:C2004A04382
Segment Type: other
Provision Reference: 
Character Range: 15468–18251

be present when the oral evidence is given.

"(4) If a Tribunal is satisfied that it would be difficult for a person to give oral evidence, the Tribunal may accept a written statement from that person.

"(5) An applicant may be assisted in presenting his or her case by another person, whether or not that person is a lawyer.

Onus of proof

"61CV.(1) In proceedings before a Conscientious Objection Tribunal the onus of proving exemption from service because of conscientious belief rests with an applicant.

  "(2) Such onus is to be discharged on the balance of probabilities.

Protection of members and persons giving evidence etc.

"61CW.(1) A member of a Conscientious Objection Tribunal has, in the performance of his or her duties as a member, the same protection and immunity as a Judge of the Federal Court.

"(2) Subject to this Part, an applicant, a person summoned to attend, or appearing, before a Conscientious Objection Tribunal to give evidence, a person representing the Commonwealth or a person who assists an applicant at a hearing, has the same protection and is, in addition to the penalties provided by this Part, subject to the same liabilities, as a witness in proceedings in the Federal Court.

Fees for persons giving evidence

"61CX.(1) A person, other than the applicant, summoned to appear before a Conscientious Objection Tribunal to give evidence is entitled to be paid, in respect of his or her attendance, fees, and allowances for

expenses, ascertained in accordance with a determination under subsection (2).

"(2) The Minister may determine the amounts of fees and allowances to be paid under subsection (1).

"(3) A determination under subsection (2) must be in writing and is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

"(4) The fees and allowances referred to in subsection (1) are to be paid by the Commonwealth.

Failure of witness to attend

"61CY. A person who has been served under paragraph 61CQ(b) with a summons to appear before a Conscientious Objection Tribunal to give evidence and tendered reasonable expenses must not, without reasonable excuse:

  (a)     fail to attend as required by the summons; or

    (b)     fail to appear and report from day to day unless excused, or released from further attendance, by a member.

Penalty: Imprisonment for 6 months.

Refusal to be sworn or to answer questions etc.

"61CZ.(1) A person must not, without reasonable excuse, refuse or fail to produce a document that a person is required to produce by a summons under paragraph 61CQ(c) served on the person.

"(2) A person appearing before a Conscientious Objection Tribunal to give evidence must not, without reasonable excuse:

    (a)     when required under paragraph 61CQ(d) either