Section 38
Tribunal may act in absence of party
ActIn forceProvision 38 of 54
Section 38
(1)
The Tribunal may hear and determine a complaint of bully before it notwithstanding the absence of any party to the proceedings if it is proved to the satisfaction of the Tribunal that a notice of the hearing has been duly served on the absent party.
(2)
Before making any decision under subsection (1), the
Tribunal shall satisfy itself that—
(a)
the absent party had a reasonable opportunity to attend and be heard; and
(b)
proceedings in the absence of the party is just and appropriate, having regard to the best interests of any child involve in the proceedings.
Act 876