Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 593

Hearings

             (1)  The FWC is not required to hold a hearing in performing functions or exercising powers, except as provided by this Act.

             (2)  If the FWC holds a hearing in relation to a matter, the hearing must be held in public, except as provided by subsection (3).

Confidential evidence in hearings

             (3)  The FWC may make the following orders in relation to a hearing that the FWC holds if the FWC is satisfied that it is desirable to do so because of the confidential nature of any evidence, or for any other reason:

                     (a)  orders that all or part of the hearing is to be held in private;

                     (b)  orders about who may be present at the hearing;

                     (c)  orders prohibiting or restricting the publication of the names and addresses of persons appearing at the hearing;

                     (d)  orders prohibiting or restricting the publication of, or the disclosure to some or all of the persons present at the hearing of, the following:

                              (i)  evidence given in the hearing;

                             (ii)  matters contained in documents before the FWC in relation to the hearing.

             (4)  Subsection (3) does not apply to the publication of a submission made to the FWC for consideration in an annual wage review (see subsection 289(2)).



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