Section 162 — Divisions — procedures
Text of provision
(1) Each Division of the Board has, in respect of proceedings brought before it under this Act, sole and exclusive jurisdiction to hear and determine all questions of law and fact, including questions of jurisdiction.
(2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.
Plain English
Section 162(1) provides that each division of the IRB may, in any proceeding before it, act in accordance with any procedures it considers appropriate in the circumstances. Section 162(2) requires each division to deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.
This section gives the IRB procedural flexibility that is not available in ordinary courts, while anchoring that flexibility in the requirements of fairness.
Practical effect
The informality principle means that IRB hearings are not bound by strict rules of evidence — hearsay evidence is admissible, and procedural formalities are relaxed compared to courts. However, "informally" does not mean unfairly. The Federal Court has repeatedly held that procedural shortcuts that deprive a claimant of a meaningful opportunity to be heard, to know the case against them, or to present their case constitute reviewable errors. The balance between efficiency and fairness is a persistent tension in IRB proceedings.