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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