The Rules of Evidence and the Right to Procedural Fairness in Proceedings of Four Tasmanian Quasi-Judicial Tribunals

The extent to which tribunals follow or are influenced by the rules of evidence that apply in formal court proceedings is a contentious issue. This article explores some empirical evidence to consider to what extent the rules of evidence and the right to procedural fairness are being applied or ignored in four distinct quasi-judicial tribunals. Three rules of evidence have emerged which either attract regular attention by observance or mention, or are consistently breached. They are the hearsay rule, opinion evidence rule, and the relevance rule. In relation to procedural fairness, some elements of procedure have been discussed and/or determined, and the authors have also identified issues relating to disclosure of documentary evidence.