On 26 September, the AICD provided a submission to Treasury on the draft Treasury Laws Amendment (Modernising Business Communications) Bill 2022 that clarifies that Treasury portfolio regulators can hold hearing and examinations virtually.
The AICD strongly supports the Government’s initiatives to modernise and upgrade Treasury’s portfolio laws. However, consistent with previous submissions, the AICD reiterated that in the interests of procedural fairness principles a party should be able to elect for an in-person hearing or examination should they consider it would afford them the best opportunity to present their case effectively.
In the AICD’s view, in some cases there is a risk that a virtual hearing could encounter a technological problem and compromise the integrity of a hearing (for example, an unstable internet connection which distorted accurate communication and prejudiced the presentation of evidence). Similarly, there is a wide range of technological maturity levels in the Australian population which may make a virtual attendance at a hearing or examination prejudicial to an individual’s interests. Accordingly, we encouraged Government to clarify in the draft legislation that a party may have the right to elect for an in-person hearing or examination.
You can read a copy of our submission below.
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