HEALTH SERVICES ACT 1997 - SECT 92 Manner of exercise of arbitrator's functions

HEALTH SERVICES ACT 1997 - SECT 92

92 Manner of exercise of arbitrator's functions

(cf PH Act s 29N)

(1) In making a determination under this Part, the arbitrator--

(a) is not bound by the rules of evidence and may inform himself or herself on any matter as the arbitrator sees fit, and

(b) must act judicially and be governed by equity and good conscience, without regard to technicalities or legal forms.

(2) In making a determination under this Part, the arbitrator is to give effect to the same policies on increases in remuneration as those that the Industrial Relations Commission is required to give effect to under section 146C of the Industrial Relations Act 1996 when making or varying awards or orders relating to the conditions of employment of public sector employees.