APPEARING AS A WITNESS 

The Tribunal determines who shall be called to a hearing as a witness.

Individuals and organisations may request to be heard by the Tribunal. If this request is accepted attendance at the hearing is at the individual’s or organisation’s own expense. 

The Tribunal may request individuals or organisations to attend a hearing. Should this occur the Tribunal will cover reasonable travel and accommodation costs.

Any group of individuals or organisations attending a hearing is limited to two representatives. Anyone appearing at a hearing is not to be represented or accompanied by a legal practitioner.

An organisation presenting to the Tribunal can generally determine who will represent it at the hearing, although the Tribunal may request specific office holders or individuals to attend. Organisations should ensure that they send to a hearing witnesses who have appropriate knowledge of the issues before the Tribunal. 

All hearings will be held in private. However, information provided at hearings may be used as the basis for further research and clarification. If your submission or statements made at the hearing reflect adversely on another person or organisation the Tribunal will usually send the comment to the other person or organisation so that they can reply.  

Hearings will be recorded and retained as part of the record. A transcript will not usually be made. 

What to do on Arrival

On arrival at the hearing venue, witnesses should introduce themselves to Tribunal staff. Prior to presenting to the Tribunal, witnesses must complete a witness details form. This form will be sent to the witness before the hearing and can be returned in advance of the hearing or on the day. Forms will also be available at the venue.

Calling of Witness

When the Tribunal is ready, the Chair will invite the witness to the table. The Chair will ask the witness to state their full name and the capacity in which the witness is appearing before the Tribunal. A witness will not usually be required to give evidence under oath or affirmation but may be requested to do so if the Tribunal considers it appropriate.

Examination of Witnesses

Witnesses should assume that their submission has been read by the Tribunal. Generally witnesses are given an opportunity to make a short opening statement (preferably no more than five minutes). This can be used to clarify, amend or expand on points made in the written submission. 

Questions will then be directed to witnesses. These questions are designed to clarify aspects of written submissions and to seek views and information on the inquiry topic.

Documents tendered

If witnesses wish to tender documents additional to their submission to the inquiry, these should be provided in time for the Tribunal secretariat to distribute them to Tribunal members prior to the hearing. Alternatively, sufficient copies should be brought for all Tribunal members. Additional documents should only be tendered where they provide significant information not contained in the original submission.

Questions on Notice

If witnesses are unable to answer a question or provide information at the hearing, they may seek permission to provide a written answer at a later date. The written answer should be provided within ten working days of the hearing.

Submissions after hearing

The Tribunal may seek additional information from a witness after a hearing. However, further submissions or documents from a witness will usually not be considered by the Tribunal.

For further information, contact:

Defence Honours and Awards Tribunal
Locked Bag 7765
Canberra Business Centre ACT 2610

or email:

DHA.Tribunal@defence.gov.au