Section 31 — ANTI-BULLY ACT 2026

(2)

The President shall cause the procedure determined under subsection (1) to be reduced into writing and published in such a manner as the President deems fit.

(3)

Notwithstanding subsections (1) and (2), the Minister may prescribe any procedure relating to service of notice, hearing and mediation for proceedings involving a child and the Tribunal shall give effect to such prescribed procedure.

(4)

For the purposes of any proceedings involving child, the proceedings shall be conducted in the following manners:

(a)

any proceedings involving child shall be conducted in an informal and child friendly manner;

(b)

any child involved shall be able to understand and give evidence in the proceedings;

(c)

Tribunal shall adopt any measures as necessary to protect the best interests of the child;

(d)

Tribunal shall ensure that the proceedings is suitable and appropriate in accordance with the age, maturity and circumstances of the child, which may include—

(i)

child witness gives evidence by means of a live link or other appropriate electronic means;

(ii)

the use of screens or other arrangements; and

(iii)

the appointment of any intermediary, psychologist, disability specialist or other suitable expert to assist the Tribunal in communicating with a child party.

(5)

Nothing in subsection (4) shall derogate from the protections available to child witnesses under the Evidence of Child

Witness Act 2007 [Act 676].

Act 876

(6)

In conducting the proceedings under subsections (1), (2), (3)

and (4) the Tribunal shall have the powers to—

(a)

make an interlocutory order;

(b)

determine the relevancy, admissibility and weight of any evidence;

(c)

take evidence on oath or affirmation and for that purpose a member of the Tribunal may administer an oath or affirmation;

(d)

order the provision of further particulars in a statement of complaint of bully or statement of reply;

(e)

order the preservation and interim custody of any evidence for the purposes of the hearing; and

(f)

summon the parties to the proceedings or any other person to attend before the Tribunal to give evidence or to produce any document, record or other thing in his possession or otherwise to assist the Tribunal in its deliberations.

(7)

A summons issued by the Tribunal under this section shall be served and enforced as if it were a summons issued by a court.

(8)

The Tribunal shall determine the complaint of bully on the balance of probabilities.

(9)

For the purposes of this section, “interlocutory order” means an order that—

(a)

is made pursuant to a complaint of bully to the Tribunal in the course of any proceedings of the Tribunal; and

(b)

is incidental to the principal object of that proceedings, and includes any directions about the conduct of that proceedings, but does not include any partial or interim order making a final determination in respect of that proceedings.

Anti-bully 27

Commencement of proceedings