39. Conduct of oral hearing by review committee for application to vary or revoke family exclusion order or family visit limit

Where the Council has delegated to a review committee the power to determine an application to vary or revoke a family exclusion order or family visit limit under section 166(1)(a) of the Act and the review committee decides to conduct an oral hearing for the application, the review committee is to conduct that hearing in the manner set out below —

the chairperson of the review committee is to give a brief statement of the facts of the application;

the review committee 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 review committee may think relevant to determine the application;

where any person was requested to attend the proceedings but fails to do so, or states that the person does not wish to be present at the proceedings, the chairperson of the review committee 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 review committee, produce one or more witnesses to give evidence on matters relating to the application.