9. Separate hearings, witnesses, etc.

A request for a separate in‑person hearing in connection with any appeal proceedings —

may be made in writing by any of the following:

the appellant;

the reconsideration authority in relation to the appeal;

any other individual who is a witness or may be required to attend as a witness in the appeal proceedings; and

must —

be made no later than 5 working days before the separate in‑person hearing sought; and

contain the reasons for the request.

Subject to paragraph (3) and rule 7, a Reviewing Tribunal and the Secretary must not disclose to an appellant or to any other person —

the fact that the Reviewing Tribunal has held, or proposes to hold, a separate in‑person hearing under these Rules;

any information or document disclosed or provided to the Reviewing Tribunal in the course of that hearing, or the identity of any witness at that hearing; or

the fact that any information, document, identity or opinion has been disclosed or provided in the circumstances mentioned in sub‑paragraph (b).

Subject to rule 7, the Reviewing Tribunal concerned may disclose anything described in paragraph (2) with the consent of —

in the case of paragraph (2)(a) — the individual required to attend the separate in‑person hearing; or

in the case of paragraph (2)(b) or (c) — the witness in question or the person who disclosed or provided the information or document.

A request for a separate in‑person hearing in connection with any appeal proceedings —

may be made in writing by any of the following:

the appellant;

the reconsideration authority in relation to the appeal;

any other individual who is a witness or may be required to attend as a witness in the appeal proceedings; and

must —

be made no later than 5 working days before the separate in‑person hearing sought; and

contain the reasons for the request.

Subject to paragraph (3) and rule 7, a Reviewing Tribunal and the Secretary must not disclose to an appellant or to any other person —

the fact that the Reviewing Tribunal has held, or proposes to hold, a separate in‑person hearing under these Rules;

any information or document disclosed or provided to the Reviewing Tribunal in the course of that hearing, or the identity of any witness at that hearing; or

the fact that any information, document, identity or opinion has been disclosed or provided in the circumstances mentioned in sub‑paragraph (b).

Subject to rule 7, the Reviewing Tribunal concerned may disclose anything described in paragraph (2) with the consent of —

in the case of paragraph (2)(a) — the individual required to attend the separate in‑person hearing; or

in the case of paragraph (2)(b) or (c) — the witness in question or the person who disclosed or provided the information or document.