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

Citation

Henning, T and Blackwood, JB, The Rules of Evidence and the Right to Procedural Fairness in Proceedings of Four Tasmanian Quasi-Judicial Tribunals, The International Institute of Forensic Studies, 2-5 July 2002, Italy, pp. 42. ISBN 0-9581578-0-4 (2002) [Refereed Conference Paper]

Official URL: http://www.law.monash.edu.au/iifs/

Abstract

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.

Item Details

Item Type:Refereed Conference Paper
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Justice and the Law not elsewhere classified
Author:Henning, T (Associate Professor Terese Henning)
Author:Blackwood, JB (Mr John Blackwood)
ID Code:25015
Year Published:2002
Deposited By:Law
Deposited On:2002-08-01
Last Modified:2011-10-06
Downloads:14 View Download Statistics

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