New South Wales Consolidated Acts

DRUG AND ALCOHOL TREATMENT ACT 2007 - SECT 37

37 Proceedings to be informal

(1) The review under section 34 or the consideration of an application under section 35 (both, the
"proceedings" ) must be conducted quickly and with as little formality and technicality as the requirements of this Act, the regulations and as the proper consideration of the matters before the Magistrate permit.

(2) In the proceedings, the Magistrate is not bound by the rules of evidence but may inform himself or herself of any matter in the way the Magistrate thinks appropriate and as the proper consideration of the matter before the Magistrate permits.

(3) The proceedings are open to the public.

(4) However, if the Magistrate is satisfied that it is desirable to do so for the welfare of the dependent person or for any other reason, the Magistrate may (of the Magistrate's own motion or on the application of the person or another person appearing at the proceedings) make any one or more of the following orders--

(a) an order that the proceedings be conducted wholly or partly in private,

(b) an order prohibiting or restricting the publication or broadcasting of any report of the proceedings,

(c) an order prohibiting or restricting the publication of evidence given in the proceedings, whether in public or in private, or of matters contained in documents lodged with the Magistrate or received in evidence before the Magistrate,

(d) an order prohibiting or restricting the disclosure to some or all of the parties to the proceedings of evidence given before the Magistrate, or of the contents of a document lodged with the Magistrate or received in evidence by the Magistrate, in relation to the proceedings.

Note : Section 41 prohibits the publication or broadcasting of the name of a person involved in the proceedings or other material that may identify any such person, except with the consent of the Magistrate.

(5) If the dependent person is unable to communicate adequately in English but is able to communicate adequately in another language the dependent person may be assisted in the proceedings by a competent interpreter.

(6) The Magistrate may administer an oath to any person giving evidence in the proceedings.

(7) The dependent person must be represented in the proceedings by an Australian legal practitioner or, with the leave of the Magistrate, another person chosen by the dependent person, unless the dependent person states that he or she does not wish to be represented.

(8) Any other person appearing in the proceedings may, with the leave of the Magistrate, be represented by an Australian legal practitioner.

(9) The primary carer of the dependent person may, with the leave of the Magistrate, appear in the proceedings.