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Where am I now? Lawlink > Administrative Decisions Tribunal of NSW > Practice and Procedures > Practice Notes > Practice Note Number 18
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ADMINISTRATIVE DECISIONS TRIBUNAL PRACTICE NOTE NO. 18 All Divisions: Calling witnesses for oral evidence The purpose of this Practice Note is to outline the Tribunal’s practices in relation to the calling of witnesses to give oral evidence in hearings. This Note does not cover expert evidence, which is dealt with in Practice Note 14/04. It is the Tribunal’s usual practice to require parties prior to the hearing to file and serve statements by witnesses. The decision as to whether a particular witness is then required to give oral evidence at the hearing varies depending on the type of matter. It is the responsibility of the party that has filed the witness statement to issue the summons for the witness’s attendance if that person is required and will not attend without a summons. The Tribunal has a power to call additional witnesses of its own motion if it considers that this will assist it in determining the matter. THE PRACTICE BEFORE DIVISIONS The usual practice in each Division is as follows: Retail Leases Division Legal Services Division General Division (Professional Discipline matters – whether original decisions or review of reviewable decisions) Only those witnesses required by another party for cross-examination are required to attend at the hearing. The party who has filed the witness statement should contact the other parties to find out which witnesses they require to be available for cross-examination. General Division (Review of reviewable decisions other than professional discipline matters) Revenue Division Respondent agencies are in the best position to determine who is required for cross-examination based on the matters the applicant has disputed. If an applicant requires a specific witness to be available for cross-examination the applicant should make that request to the respondent. Respondents are required to advise applicants which of the applicant’s witnesses, if any, they require for cross-examination. General Division (Applications for original decisions other than professional discipline matters) The presiding member will decide at the final case conference or directions hearing which witnesses are required. If a direction has been made that a witness should attend to give evidence, parties cannot, by consent, decide themselves that the witness is not required. Application to excuse that person from attending must be made to the Tribunal. PLEASE NOTE THAT THE FOLLOWING DIVISIONS OFTEN REQUIRE ALL WITNESSES Equal Opportunity Division All witnesses are required to attend to give evidence unless all other parties consent to a particular witness being excused from attendance. In rare cases, despite a witnesses not being required by the parties, the Tribunal may require the witness to attend to give evidence. Community Services Division The presiding member will decide at the final case conference or directions hearing which witnesses are required. If a direction has been made that a witness should attend to give evidence, parties cannot, by consent, decide themselves that the witness is not required. Application to excuse that person from attending must be made to the Tribunal. THE PRACTICE BEFORE APPEAL PANELS (INTERNAL AND EXTERNAL) Witnesses are not usually called in Appeal Panel matters. Applications for leave to present additional evidence should be made as early as possible. They will normally be dealt with by the presiding member at the directions hearing or case conference. Issued 23 March 2005 Judge KEVIN O’CONNOR President |
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