38. Conduct of oral hearing by Committee of Assessors for application for family exclusion order or family visit limit, etc.

Where a Committee of Assessors decides to conduct an oral hearing for an application referred to the Committee under section 159(2) or 163A(2) of the Act or for an application to set aside a family exclusion order or family visit limit under section 165C(3) of the Act, the Committee is to conduct that hearing in the manner set out below —

the chairperson of the Committee of Assessors is to give a brief statement of the facts of the application;

the Committee of Assessors must have regard to and consider the evidence of —

the person who applied for the family exclusion order or family visit limit (including any person who applied for the family exclusion order or family visit limit on behalf of another person under section 160(b) or 161 of the Act);

the family respondent; and

such other person as the Committee of Assessors may think relevant to determine the application;

where any person was requested to attend the proceedings but fails to do so, or states that he or she does not wish to be present at the proceedings, the chairperson of the Committee of Assessors must make a note of that fact in the record of proceedings; and

the person who applied for the family exclusion order or family visit limit (including any person who applied for the family exclusion order or family visit limit on behalf of another person under section 160(b) or 161 of the Act) and the family respondent may, with the permission of the chairperson of the Committee of Assessors, produce one or more witnesses to give evidence on matters relating to the application.