XCC(72)7
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be given a copy of the claim so inat he can immediately inquire into the case and prepare a summary of the facts for the presiding officer before the hearing of the claim. The tribunal officer is empowered to inter- view persons, enter premises and require production of documents in order to enable him to carry out his functions effectively.
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Part V of the proposed bill gives effect to paragraphs 9-15 and 23-25 of Annex A. Clause 16 provides that proceedings in the
tribunal shall be conducted in an expeditious manner and that any delay which may prejudice a claimant shall be avoided. The presiding officer is given a discretion by clauses 17 and 19 to determine the place and time of hearing and the language in which the proceedings shall be con- ducted, having regard to the language spoken by the parties and their convenience.
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Clause 18 provides that hearings before a tribunal will be public, unless the presiding officer otherwise decides in the interests of justice. Paragraph 16 of Annex A proposed that the pre- siding officer should have power to agree to hold a case in private if both parties so desired, and that he should also have a general discre- tion to hear a claim in camera, It is thought, on reconsideration, that it is desirable for the tribunal, as a general rule, to hold its hearings in public.
8
By clause 20, proceedings are to be conducted in an informal manner. Clause 21 empowers the tribunal to determine a claim in the absence of a defendant, who fails to appear at the hearing. Clause 22 requires the presiding officer to deliver his decision as soon as possible after the conclusion of the hearing. He must reduce it to writing within 14 days if he delivers his decision orally. There will be no legal representation before the tribunal; clause 23 confers a right of audience before the tribunal only on parties, tribunal officers, authorised officers, officers of companies, partners and officers of trade unions and employers' associations.
9
Representative claims and joint defendants are dealt with in clauses 25 and 26. Clause 27 provides that the rules of evidence shall not apply in the tribunal. The presiding officer has a discretion to call any evidence which he may deem relevant. Clauses 28 and 29 em- power the tribunal to award costs against a party, which may include ex- penses incurred by a party in connexion with proceedings in the tribunal. The tribunal is empowered to award penal costs when dismissing a frivolous claim. Clause 30 provides for adjournments.
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Part VI of the proposed bill provides for review and appeal. Clause 31 enables a presiding officer to review an award or order made by him, either on his own initiative or on the application of a party. By clauses 32 and 33 appeal may be made to the District Court - against an award or order made by the tribunal on a point of law, or on the ground that the determination was based on perjured evidence. The District Court may, by clause 34, transfer an appeal to the Full Court
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