Federal Police Disciplinary Tribunal

establishment

functions and powers

Practice

Hearings before the Tribunal normally take place in public. Parties may be represented by a lawyer. Proceedings are to be conducted with as little formality and technicality and with as much expedition as a proper consideration of the matter before the Tribunal permits. The Tribunal is not bound by the rules of evidence. The standard of proof required in proceedings before the Tribunal is proof on the balance of probabilities.

In exercising its discretion as to procedure, the Tribunal has regard to the philosophy embodied in the reports of the Australian Law Reform Commission that led to the enactment of the Complaints Act. The Tribunal does not have an inquisitorial role in hearing and determining disciplinary proceedings. Such proceedings are adversarial in nature and necessarily require a degree of formality. They approximate curial proceedings.

The Tribunal has no premises of its own. Hearing rooms and chambers are made available by the Federal Court of Australia as required.

The records of the Tribunal are kept by the Registrar in Sydney. Facilities for lodging documents with the Tribunal are provided at the District Registries of the Federal Court of Australia.