Our public hearing process

The Commission will only hold a public hearing if we receive a formal request to do so from the Minister for Planning and Public Spaces. The Commission has no involvement in deciding which cases are subject to a public hearing.  

When the Commission holds a public hearing in relation to a development application for which it is the consent authority, merit appeal rights in respect of any future decision on that application are extinguished for both the applicant and objectors. See Division 8.3 of the EP&A Act for more detail.

The Commission must give a minimum of two weeks (14 days) notice of a public hearing. It does this by direct email to those who had previously made a submission to DPHI on the SSD application during DPHI’s exhibition period. We will also notify both elected representatives and civic management at the local council.

The Commission also places a notification on our website and social media channels and issues a media release to news outlets in the area local to the proposed development.

A public hearing is typically held between two and six weeks after the Commission receives the Assessment Report from DPHI.

Anyone can register to speak at a public hearing by completing a speaker registration form via the relevant case page on our website.

Speaker registrations typically close seven days before the scheduled public hearing. They are not automatically accepted and the Commission will usually process and separately confirm applications to speak within two business days. 

The Commission uses the information provided in the speaker registration form to allocate speaking times ahead of the public meeting.

The Commission will publish a schedule of registered speakers and timeslots on our website approximately 24 hours before the hearing.

The Panel Chair may, at their discretion, allow a speaker additional time during the public hearing if the information contained in the speaker’s presentation is new or particularly detailed and relevant.

Register to speak at an upcoming public hearing

The length of a public hearing is at the discretion of the Commission and is dependent on the level of community and speaker interest. It may run for a full day or multiple days. Although public hearings will generally be held during business hours on a weekday, there may be occasions when an evening or weekend session is scheduled.

The Commission may conduct a public hearing wholly in person, wholly virtually by telephone or videoconference, or a combination of the two with both in-person and virtual participation options.

Matters that the Commission may consider in deciding this may include:

• the likely number of participants at the public hearing
• the availability of a suitable site for the in-person component
• the availability of reliable telecommunications for the remote component
• external factors such as any public health orders or related guidance. 

You can view the SSD development application, submissions made to DPHI and other documents that informed DPHI’s Assessment Report by visiting the case page and accessing the link to the DPHI website.  

On the Commission website case page you can view key documents and updates (including assessments, reports, stakeholder correspondence and case notifications), information on meetings and hearings (including site visits and meeting details, schedules, presentations and transcripts) and any public submissions that were invited as part of the case. 

The Panel does not present information at a public hearing. The hearing is an opportunity for the Commission to hear directly from interested individuals and groups about the issues of concern to them. Although Commissioners may ask questions or seek clarification from registered speakers, this is generally unnecessary.

The Commission may engage the use of a Counsel Assisting to support the conduct of the public hearing. The Counsel Assisting may ask questions or seek clarification from speakers. No questions or cross-examination will be permitted from others in attendance. The Commission has the power to require certain people to attend and give evidence at the hearing.

When a public hearing relates to a development application for which the Commission is the consent authority, the public hearing process may involve:

• the Chair of the Panel giving a brief opening statement that describes the process and the Commission’s role in determining the development application
• the applicant providing a description of the proposed development and any updates on changes made to the application since it was exhibited
• DPHI presenting the findings of its Assessment Report on the application
• members of the public presenting to the Panel in accordance with the times set out in the published speaker schedule.

Once all registered speakers have presented to the panel, the Chair may close or adjourn the public hearing for a short period of time to allow the Commissioners (with the assistance of Counsel Assisting where they have been engaged) to consider what they have heard.

After the adjournment, the Panel may ask follow-up questions of the applicant or DPHI, which can either be answered immediately at the meeting or taken on notice.

In circumstances where a public hearing is conducted wholly in person, the Commission will hear presentations from registered speakers in a face-to-face public setting. If a public hearing is conducted wholly electronically, registered speakers will present to the Panel via telephone and/or videoconference. However, public hearings may comprise both a face-to-face and virtual component. 

Registered speakers must ensure their presentations are factually accurate and otherwise contain expressions of opinion which they honestly hold. They must also refrain from making offensive, threatening or defamatory statements. Guidance for how registered speakers should conduct themselves can be found in our Public hearing guidelines.  

Registered speakers should provide a copy of their speech or presentation to the Commission at least five days prior to the hearing. The general running of the public hearing is within the discretion of the Chair of the Panel, including:

• stopping a person from speaking if he or she makes offensive, threatening or defamatory statements. This includes instances during which a speaker names or singles out a particular person or group’s view
• permitting the substitution of speakers
• granting additional time for a speaker at the public meeting
• granting a late application to speak.

Registered speakers are asked not to interact with the audience during their presentation, for example, asking for a ‘show of hands’ or requesting the audience indicate their views. Alcohol is not permitted to be taken into a public hearing and anyone who is intoxicated or acting in a disorderly manner will be asked to leave.

Where a public hearing is conducted wholly in person, it will generally be open to the public to attend, subject to capacity constraints at the venue. There are exceptions, including the Commission determining it is in the public interest for the public hearing to take place in private due to the confidential nature of any evidence or matter.  

Where a public hearing is conducted wholly remotely by electronic means, the Commission will livestream proceedings on its website or social media channels.

A recording of the public hearing can also be viewed on our YouTube channel until the case is determined, and a transcript of the public hearing will also be published on our website.

Media are welcome to attend and cover public hearings,  

People speaking at or attending hearings should be aware that they are in a public forum that is being recorded, so their words or images may be used in news or social media coverage.  

Anyone with a legitimate need to have their privacy protected should make Commission staff and attending media aware.

Media do not need to register to attend. There is usually an area suitable for TV cameras to film from and Commission staff will help media obtain an audio feed.

The Commission will record and transcribe what is said at public hearings. The Commission will publish a written transcript of the hearing on our website within a few business days after the end of the hearing.

The Panel Chair reserves the right to not transcribe hearing or to redact a hearing transcript, including (but not limited to) if the information discussed at the hearing contains:

• Cabinet-in-confidence material
• commercial-in-confidence material
• defamatory, rude, or offensive material
• personal information.

If the public hearing has been livestreamed, a video recording of the livestream will be made available on the Commission’s YouTube channel within a few business days after the end of the hearing. This video recording will remain online until the case is determined.

The Statement of Expectations for the Commission from the Minister for Planning and Public Spaces includes key performance indicators regarding timeframes for decision-making by the Commission for different case types. 

Please see the current timeframe KPIs for public hearing cases.