Document ID: chunk:federal_register_of_legislation:C2004A04382:body:0:p6
Version: federal_register_of_legislation:C2004A04382
Segment Type: other
Provision Reference: 
Character Range: 12903–15692

(1) or (2) is:

    (a)     if the appointment is made under subsection (1)—the member ceasing to be absent or ceasing to be unable to perform the duties of the member's office; or

    (b)     if the appointment is made under subsection (2)—the member ceasing to be unable to perform the duties of the member's office.

"Division 4—Procedures of Conscientious Objection Tribunals

Tribunals' way of operating

"61CP. A Conscientious Objection Tribunal, in carrying out its functions under this Part:

    (a)     must provide procedures which are informal, quick, fair, just and economical; and

    (b)     must act according to substantial justice and the merits of the case; and

  (c)     is not bound by technicalities, legal forms or rules of evidence.

Powers of tribunals

"61CQ. For the purposes of making a determination, a Conscientious Objection Tribunal may:

  (a)     take evidence on oath or affirmation; and

  (b)     summon a person to appear before it to give evidence; and

    (c)     summon a person to produce to it such documents as are referred to in the summons; and

    (d)     require a person appearing before it to give evidence either to take an oath or to make an affirmation that the evidence that the person will give will be true.

Procedure of Tribunals

"61CR.(1) The presiding member of a Conscientious Objection Tribunal may convene such hearings of the Tribunal as he or she thinks necessary for the performance of its functions.

"(2) The presiding member is to preside at all hearings of the Tribunal.

  "(3) A Tribunal must keep records of its hearings.

Majority decision

"61CS. A question before a Conscientious Objection Tribunal on an application for a determination is to be decided according to the opinion of a majority of the members of the Tribunal.

Procedure where opinion of members equally divided

  "61CT. If:

    (a)     an application is referred to a Conscientious Objection Tribunal for a determination; and

    (b)     section 61CS does not apply to a question before the Tribunal on the application;

the question is to be decided according to the opinion of the member presiding.

Hearings

"61CU.(1) Subject to this section, a Conscientious Objection Tribunal is to take oral evidence in public.

"(2) If a Tribunal is satisfied that it is necessary, in the interests of determining a matter which is before it, the Tribunal may direct that oral evidence is to be taken in private.

"(3) If a Tribunal makes a direction under subsection (2), it may give directions as to the persons who may 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