What happens during a hearing
Building Appeals Board hearings are informal. They are typically held on Thursday mornings and are normally open to the public.
Before you enter the room
- Staff will greet you and take the names of all parties attending
- Staff will then usher you into the hearing room and advise you where to sit
When you enter the room
- Take your place at the table opposite the Board and turn off your mobile phone
- Any witnesses or people accompanying you should sit directly behind you
Commencement of proceedings
- Introductions of Board members, parties and any witnesses or observers
- The Board will explain the hearing process, including the order in which the hearing will proceed
- Any preliminary issues will be addressed (e.g. jurisdiction, parties requiring more time, etc.)
- Parties will then have the opportunity to present their submission, followed by questions from the Board or other parties
- Closing statements are made by the Appellant and the Respondent summarising their case
- Please advise the Board if you wish for photographs, plans etc. to be returned to you. These will be returned in the mail with the Board's determination
- At the end of the hearing, leave the room without further discussion or questions
Decisions made by the Board are final and binding and must be put into effect by all parties. You should ensure your case is adequately presented on the day as the Board generally won't accept additional information after the hearing. If requested, the Board will prepare a statement of the reasons for its decision.
Only in exceptional circumstances will the Board order one party to bear the costs of another. Claims for costs, including supporting details of those costs, must be made in writing.
How to conduct yourself during a hearing
- Do not address the Board members by their first names
- Never interrupt the other party's presentation
- Questions must be limited to those seeking clarification of submissions and should be asked through the Chairperson
- Witnesses will speak when asked to do so by the Board
Information about submissions
- See sample Applicant’s Statement of Contentions
- See sample Respondent’s Statement of Contentions
- Your submission may range from a brief verbal statement to a detailed written submission. You can also include information not provided to the original decision maker
- Written submissions are not compulsory, but they are the most common
- Reading from your written submission is acceptable and may be less stressful
Information about site inspections
Inspections of sites are carried out at the discretion of the Board.
Submission of further information (including discussion of the case) must not occur during the inspection, unless requested by the Board.
Notice of an upcoming inspection won't be given unless access is required to the property, in which case the Board will advise all parties during the hearing.