{"id":"nsw:act-1983-090","name":"Special Commissions of Inquiry Act 1983","slug":"special-commissions-of-inquiry-act-1983","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"90 of 1983","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107705,"registerId":"nsw-act-1983-090-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Special Commissions of Inquiry Act 1983](/view/html/inforce/current/act-1983-090).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":null,"content":"#### 2\n\n2 (Repealed)","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:\n> > \n> > commission means a commission issued by the Governor under this Act.\n> > \n> > Commissioner means the person to whom a commission is issued under this Act.\n> > \n> > reasonable excuse, in relation to any act or omission by a witness or a person summoned as a witness before a Special Commission, means an excuse which would excuse an act or omission of a similar nature by a witness or a person summoned as a witness before a court of law.\n> > \n> > regulation means a regulation made under this Act.\n> > \n> > Special Commission means a Special Commission of Inquiry established under this Act.\n> > \n> > Supreme Court means the Supreme Court of New South Wales.\n> \n> > (2) A reference in this Act to any act, matter or thing as specified in a commission includes a reference to any act, matter or thing that is of a class or description as specified in the commission.\n> \n> > (3) A reference in this Act to:\n> > \n> > > (a) the Special Commission, where used in relation to a Commissioner, is a reference to the Special Commission established by the commission issued to the Commissioner, and\n> > \n> > > (b) the Commissioner, where used in relation to a Special Commission, is a reference to the Commissioner to whom the commission establishing the Special Commission was issued.\n> \n> > (4) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 1996 No 121, Sch 4.47; 2005 No 77, Sch 6.16 \\[1\\]; 2012 No 95, Sch 1.17 \\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment of Special Commissions","content":"# Part 2 Establishment of Special Commissions\n\nPart 2 Establishment of Special Commissions","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Issue of commission","content":"#### 4 Issue of commission\n\n4 Issue of commission\n\n> > (1) The Governor may, by letters patent under the Public Seal of the State, being letters patent expressed to be made or issued under the authority of this Act, issue a commission to a person specified in the commission:\n> > \n> > > (a) authorising or requiring the person to inquire into and report to the Governor on any matter specified in the commission, and\n> > \n> > > (b) establishing a Special Commission of Inquiry for that purpose.\n> \n> > (2) A person is not eligible to be issued a commission unless the person:\n> > \n> > > (a) is or is qualified to be appointed as a Judge of the Supreme Court of the State or of any other State or Territory, a Judge of the Federal Court of Australia or a Justice of the High Court of Australia, or\n> > \n> > > (b) is a former Judge or Justice of any court referred to in paragraph (a).\n> \n> > (2A) A person is not eligible to be issued a commission if the person is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth.\n> \n> > (3) The provisions of this Act apply to and in respect of a commission issued under this Act.\n> \n> > (4) The [Royal Commissions Act 1923](/view/html/inforce/current/act-1923-029) does not apply to or in respect of a commission issued under this Act or any inquiry held in relation to it.\n> \n> **s 4:** Am 1993 No 87, Sch 5; 2012 No 95, Sch 1.17 \\[2\\].","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Conditions, limitations and directions","content":"#### 5 Conditions, limitations and directions\n\n5 Conditions, limitations and directions\n\n> > (1) Notwithstanding anything in this Act, a commission may be issued subject to such conditions and limitations as may be specified therein and may contain such directions relating to the practice and procedure to be followed in the conduct of the Special Commission to which it relates as may be specified therein.\n> \n> > (2) It is the duty of the Commissioner to ensure that such conditions, limitations and directions as are specified in the relevant commission are complied with and observed to the fullest possible extent.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Revocation or amendment of letters patent or commission","content":"#### 6 Revocation or amendment of letters patent or commission\n\n6 Revocation or amendment of letters patent or commission\n\n> The Governor may revoke, alter or vary any letters patent or commission made or issued under this Act from time to time as occasion requires.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Powers etc of Special Commissions","content":"# Part 3 Powers etc of Special Commissions\n\nPart 3 Powers etc of Special Commissions","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"General","content":"## Division 1 General\n\nDivision 1 General","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Hearings","content":"#### 7 Hearings\n\n7 Hearings\n\n> > (1) A Commissioner may hold hearings in connection with the Special Commission.\n> \n> > (2) Where a Commissioner decides to hold a hearing, the hearing shall take place in public, unless the Commissioner, if satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, directs that the hearing take place in private.\n> \n> > (3) Where a Commissioner directs that a hearing to be held by the Commissioner take place in private, the Commissioner may give directions as to the persons who may be present at the hearing.\n> \n> > (4) Where, at a hearing by a Commissioner that is held in public, the Commissioner is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, the Commissioner may direct that the hearing or a part of the hearing take place in private and give directions as to the persons who may be present.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Restrictions on publication of evidence","content":"#### 8 Restrictions on publication of evidence\n\n8 Restrictions on publication of evidence\n\n> A Commissioner may give directions preventing or restricting the publication of evidence given before the Commissioner or of matters contained in documents lodged with the Commissioner.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Limitations as to evidence","content":"#### 9 Limitations as to evidence\n\n9 Limitations as to evidence\n\n> > (1) As far as practicable, a Commissioner shall, in the course of a hearing in public, only receive evidence in accordance with this section.\n> \n> > (2) The Commissioner shall only receive evidence that appears to relate to a matter specified in the relevant commission.\n> \n> > (3) The Commissioner shall only receive as evidence, and (as far as practicable) only permit to be given in evidence, matter that, in the opinion of the Commissioner, would be likely to be admissible in evidence in civil proceedings.\n> \n> > (4) Despite subsection (3), the Commissioner is required, when preparing a report in connection with the subject-matter of the commission, to disregard (in the context of dealing under section 10 with offences that may or may not have been committed) evidence that, in the opinion of the Commissioner, would not be likely to be admissible in evidence in relevant criminal proceedings.\n> \n> > (5) For the purposes of this section, in determining whether evidence is admissible, regard is not to be had to parliamentary privilege to the extent that that privilege is waived by or under this Act or otherwise.\n> \n> **s 9:** Am 1997 No 84, Sch 1 \\[1\\] \\[2\\].","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Reports","content":"#### 10 Reports\n\n10 Reports\n\n> > (1) It is the duty of a Commissioner, within such period or periods as may be specified in the relevant commission, to make a report or reports to the Governor in connection with the subject-matter of the commission, and in particular as to whether there is or was any evidence or sufficient evidence warranting the prosecution of a specified person for a specified offence.\n> \n> > (2) If after making such investigations as a Commissioner thinks appropriate, and without conducting any hearings or further hearings, the Commissioner forms the view that no offence, or no serious offence, has been committed arising out of or in connection with the subject-matter of the Special Commission, the Commissioner may make a report to the Governor without conducting any hearings or further hearings.\n> \n> > (3) A Commissioner may, in any such report, make such recommendations relating to the publication of the whole or any part of the report as the Commissioner thinks proper.\n> \n> > (4) (Repealed)\n> \n> Note—\n> \n> Any determinations made by a Commissioner that are contained in a report made to the Governor under this section attract the following defences under the specified provisions of the [Defamation Act 2005](/view/html/inforce/current/act-2005-077) in defamation proceedings:\n> \n> > (a) the defence of absolute privilege (see section 27 (2) (b) and the definition of Australian tribunal in section 4 of that Act),\n> \n> > (b) the defence for publication of public documents (see section 28 of, and clause 7 of Schedule 2 to, that Act),\n> \n> > (c) the defences of fair report of proceedings of public concern (see section 29 and, in particular, section 29 (4) (f) of that Act).\n> \n> **s 10:** Am 1997 No 84, Sch 1 \\[3\\]; 2005 No 77, Sch 6.16 \\[2\\].\n> \n> **s 10, note:** Ins 2005 No 77, Sch 6.16 \\[2\\].","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Protection of Commissioner","content":"#### 11 Protection of Commissioner\n\n11 Protection of Commissioner\n\n> A Commissioner shall in the exercise of his or her duty as a Commissioner have the same protection and immunity as a Judge of the Supreme Court.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Right of appearance","content":"#### 12 Right of appearance\n\n12 Right of appearance\n\n> > (1) Any counsel or solicitor appointed by the Crown to assist a Special Commission may appear before the Special Commission.\n> \n> > (2) Where at a Special Commission it is shown to the satisfaction of the Commissioner that any person is substantially and directly interested in any subject-matter of the inquiry, or that the person’s conduct in relation to any such matter has been challenged to the person’s detriment, the Commissioner may authorise the person to appear before the Special Commission, and may allow the person to be represented by counsel or solicitor.\n> \n> > (3) Any counsel or solicitor so appointed and any person so authorised or the person’s counsel or solicitor may, with the leave of the Commissioner, examine or cross-examine any witness on any matter which the Commissioner deems relevant to the Special Commission, and any witness so examined or cross-examined shall have the same protection and be subject to the same liabilities as if examined by the Commissioner.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Assistance","content":"#### 13 Assistance\n\n13 Assistance\n\n> A Commissioner may employ such assistance as the Commissioner deems proper for the carrying out of any inquiry or investigation in connection with the Special Commission.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Witnesses","content":"#### 14 Witnesses\n\n14 Witnesses\n\n> A Commissioner may, by writing, summon any person to attend the Special Commission at a time and place named in the summons, and then and there to give evidence and to produce any books, documents or writings in the person’s custody or control which the person is required by the summons to produce.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Oath or affirmation","content":"#### 15 Oath or affirmation\n\n15 Oath or affirmation\n\n> > (1) A Commissioner may administer an oath to any person appearing as a witness at the Special Commission, whether the witness has been summoned or appears without being summoned, and may examine the witness upon oath.\n> \n> > (2) Where any witness to be examined before a Special Commission conscientiously objects to take an oath, the witness may make an affirmation that he or she conscientiously objects to take an oath, and that he or she will state the truth, the whole truth, and nothing but the truth, to all questions that may be put to him or her.\n> \n> > (3) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Continued attendance","content":"#### 16 Continued attendance\n\n16 Continued attendance\n\n> Every witness who has been summoned to attend a Special Commission shall appear and report himself or herself from day to day unless he or she is excused from attendance or until he or she is released from further attendance by the Commissioner.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Answers and documents","content":"#### 17 Answers and documents\n\n17 Answers and documents\n\n> > (1) A witness summoned to attend or appearing before a Special Commission shall not be entitled, except as otherwise provided in this section and section 127 (Religious confessions) of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025), to refuse:\n> > \n> > > (a) to be sworn or to make an affirmation,\n> > \n> > > (b) to answer any question relevant to the inquiry put to the witness by the Commissioner, or\n> > \n> > > (c) to produce any book, document or writing in the witness’s custody or control which the witness is required by the summons to produce.\n> \n> > (2) Nothing in this section shall make it compulsory for any witness:\n> > \n> > > (a) to answer any question or produce any book, document or writing if the witness has a reasonable excuse for refusing, or\n> > \n> > > (b) to disclose any secret process of manufacture.\n> \n> > (3) A witness summoned to attend or appearing before a Special Commission shall have the same protection, and shall in addition to the penalties provided by this Act be subject to the same liabilities in any civil or criminal proceeding as a witness in any case tried in the Supreme Court.\n> \n> > (4) If a Commissioner obtains for the purposes of the Special Commission any document or other thing or any information that is provided voluntarily by a person, subsection (3) applies to the person as if the person were a witness appearing before the Special Commission.\n> \n> **s 17:** Am 1995 No 27, Sch 1; 2013 No 11, Sch 2.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Inspection and copies of documents","content":"#### 18 Inspection and copies of documents\n\n18 Inspection and copies of documents\n\n> A Commissioner may inspect any books, documents or writings produced before the Special Commission, and may retain them for such reasonable period as the Commissioner thinks fit, and may make copies of such matter as is relevant to the Special Commission or take extracts from them.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Inspections of books etc","content":"#### 19 Inspections of books etc\n\n19 Inspections of books etc\n\n> A Commissioner may, in writing, authorise any person employed under section 13 to inspect and report to the Commissioner on any books, documents, writings or accounts that the Commissioner considers relevant to the subject-matter of the inquiry.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Allowances to witnesses","content":"#### 20 Allowances to witnesses\n\n20 Allowances to witnesses\n\n> > (1) The regulations may prescribe a scale of allowances to be paid to any witness summoned under this Act for travelling expenses and maintenance while absent from the witness’s usual place of abode.\n> \n> > (2) If the regulations do not prescribe such a scale of allowance, allowances shall be payable as if the witness were a witness in proceedings in the Supreme Court.\n> \n> > (3) The claim to allowance of any witness referred to in this section shall be paid by the Treasurer out of money to be provided by Parliament for the purposes of the Special Commission concerned.","sortOrder":24},{"sectionNumber":"Division 2","sectionType":"division","heading":"Special powers of Commissioners","content":"## Division 2 Special powers of Commissioners\n\nDivision 2 Special powers of Commissioners","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Application of Division","content":"#### 21 Application of Division\n\n21 Application of Division\n\n> > (1) Each of sections 22, 23 and 24 does not have effect in relation to a Special Commission unless in the relevant letters patent the Governor declares that the section shall apply to and in respect of the Special Commission.\n> \n> > (2) Nothing in this Division limits the powers, rights and privileges of a Commissioner under any other provision of this Act.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Warrant","content":"#### 22 Warrant\n\n22 Warrant\n\n> > (1) If any person served with a summons to attend a Special Commission as a witness fails to attend the Special Commission in answer to the summons, the Commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the apprehension of the witness.\n> \n> > (2) The warrant shall authorise the apprehension of the witness and his or her being brought before the Special Commission and his or her detention in custody for that purpose until he or she is released by order of the Commissioner.\n> \n> > (3) The apprehension of any witness under this section does not relieve the witness from any liability incurred by the witness by reason of non-compliance with the summons.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Answers and documents","content":"#### 23 Answers and documents\n\n23 Answers and documents\n\n> > (1) A witness summoned to attend or appearing before a Special Commission shall not be excused from answering any question or producing any book, document or writing on the ground that the answer or production may criminate or tend to criminate the witness, or on the ground of privilege or on any other ground.\n> \n> > (2) An answer made, or book, document or writing produced, by a witness to or before a Special Commission shall not, except as otherwise provided in this section, be admissible in evidence against that person in any civil or criminal proceedings.\n> \n> > (3) Nothing in this section shall be deemed to render inadmissible:\n> > \n> > > (a) any answer, book, document or writing in proceedings for an offence against this Act,\n> > \n> > > (b) any answer, book, document or writing in any civil or criminal proceedings if the witness was willing to give the answer or produce the book, document or writing irrespective of the provisions of subsection (1), or\n> > \n> > > (c) any book, document or writing in civil proceedings for or in respect of any right or liability conferred or imposed by the book, document or writing.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Particular powers of Commissioner","content":"#### 24 Particular powers of Commissioner\n\n24 Particular powers of Commissioner\n\n> For the purposes of a Special Commission, the Commissioner shall have all such powers, rights and privileges as are vested in the Supreme Court or in any Judge thereof in or in relation to any proceedings, in respect of the following matters:\n> \n> > (a) compelling the attendance of witnesses,\n> \n> > (b) compelling witnesses to answer questions which the Commissioner deems to be relevant to the Special Commission,\n> \n> > (c) compelling the production of books, documents and writings, and\n> \n> > (d) punishing persons guilty of contempt or of disobedience of any order or summons made or issued by the Commissioner.","sortOrder":29},{"sectionNumber":"Part 4","sectionType":"part","heading":"Offences","content":"# Part 4 Offences\n\nPart 4 Offences","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Failure to attend or produce documents","content":"#### 25 Failure to attend or produce documents\n\n25 Failure to attend or produce documents\n\n> > (1) If any person served with a summons to attend a Special Commission, whether the summons is served personally or by being left at the person’s usual place of abode, fails without reasonable excuse to attend the Special Commission or to produce any documents or writings in the person’s custody or control which the person was required by the summons to produce, the person is guilty of an offence and liable to a penalty not exceeding 10 penalty units.\n> \n> > (2) It shall be a defence to a prosecution under this section for failing without reasonable excuse to produce any books, documents or writings if the defendant proves that the books, documents or writings were not relevant to the Special Commission.\n> \n> **s 25:** Am 1993 No 47, Sch 1.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Refusal to be sworn or to give evidence","content":"#### 26 Refusal to be sworn or to give evidence\n\n26 Refusal to be sworn or to give evidence\n\n> If any person appearing as a witness before a Special Commission refuses to be sworn or to make an affirmation or to answer any question relevant to the Special Commission put to the person by the Commissioner, the person is guilty of an offence and liable to a penalty not exceeding 10 penalty units.\n> \n> **s 26:** Am 1993 No 47, Sch 1.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"False and misleading testimony","content":"#### 27 False and misleading testimony\n\n27 False and misleading testimony\n\n> > (1) Any witness before a Special Commission who gives testimony that is false or misleading in a material particular knowing it to be false or misleading, or not believing it to be true, is guilty of an indictable offence.\n> > \n> > Maximum penalty: Imprisonment for 5 years.\n> \n> > (2) Sections 331 and 332 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) apply to proceedings for an offence against this section in the same way as they apply to proceedings for an offence under section 330 of that Act.\n> \n> **s 27:** Subst 2006 No 120, Sch 1.29.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Subornation","content":"#### 28 Subornation\n\n28 Subornation\n\n> Any person who procures or causes or attempts or conspires to procure or cause the giving of false testimony before a Special Commission is guilty of an indictable offence and is liable to be imprisoned for a period not exceeding 5 years.","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Destroying books or documents","content":"#### 29 Destroying books or documents\n\n29 Destroying books or documents\n\n> Any person who, knowing that any book, document or writing is or may be required in evidence before a Special Commission, wilfully destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of an indictable offence and is liable to be imprisoned for a period not exceeding 2 years.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Delaying and obstructing Special Commission","content":"#### 30 Delaying and obstructing Special Commission\n\n30 Delaying and obstructing Special Commission\n\n> > (1) Any person who, with intent to delay or obstruct the carrying out by a Special Commission of any inquiry, destroys or alters any book, document or record relating to the subject-matter of the inquiry, or sends or attempts to send, or conspires with any other person to send out of New South Wales any such book, document or record, or any property of any description belonging to or in the disposition of or under the control of any person or company whose affairs are the subject-matter of the inquiry, is guilty of an indictable offence and is liable to be imprisoned for a period not exceeding 5 years.\n> \n> > (2) If in any prosecution for an offence against this section it is proved that the defendant has destroyed or altered any book, document or record, or has sent or attempted to send, or conspired to send, out of New South Wales any such book, document or record, or any other thing, the onus of proving that in so doing the defendant had not acted in contravention of this section shall be upon the defendant.","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Offences in connection with hearings","content":"#### 31 Offences in connection with hearings\n\n31 Offences in connection with hearings\n\n> > (1) Where a Commissioner directs that a hearing or part of a hearing before the Commission take place in private, a person shall not be present at the hearing unless the person is entitled to be present by virtue of the direction.\n> \n> > (2) Where a Commissioner gives a direction preventing or restricting the publication of evidence given before the Commissioner or of matters contained in documents lodged with the Commissioner, a person shall not contravene the direction.\n> \n> Maximum penalty: 10 penalty units.\n> \n> **s 31:** Am 1993 No 47, Sch 1.","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Costs","content":"#### 32 Costs\n\n32 Costs\n\n> In any proceedings for an offence against this Act, other than proceedings for the committal for trial of a person charged with an indictable offence, the court may award costs against any party.","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Proceedings for offences","content":"#### 33 Proceedings for offences\n\n33 Proceedings for offences\n\n> Proceedings for an offence (other than an indictable offence) against this Act or the regulations may be taken before the Local Court.\n> \n> **s 33:** Am 1999 No 31, Sch 4.86; 2007 No 94, Sch 4.","sortOrder":39},{"sectionNumber":"Part 4A","sectionType":"part","heading":null,"content":"# Part 4A\n\nPart 4A\n\n33A–33H (Repealed)\n\n**pt 4A (ss 33A–33H):** Ins 1997 No 84, Sch 1 \\[4\\]. Rep 2015 No 15, Sch 6.","sortOrder":40},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"Application of provisions of Act","content":"#### 34 Application of provisions of Act\n\n34 Application of provisions of Act\n\n> If in the letters patent by which a commission is issued under this Act the Governor declares that any specified provisions of this Act shall not be applicable, or shall not be applicable to such extent or in such circumstances as may be specified, for the purposes of the Special Commission established by the commission, the specified provisions shall not apply to or in respect of the Special Commission, or shall not apply to that extent or in those circumstances to or in respect of the Special Commission, as the case may be.","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":"Other Acts not affected","content":"#### 35 Other Acts not affected\n\n35 Other Acts not affected\n\n> Except as provided by section 4 (4), nothing in this Act affects the power conferred by or under any other Act in relation to any inquiry or investigation.","sortOrder":43},{"sectionNumber":"36","sectionType":"section","heading":"No proceedings to lie in respect of Special Commission","content":"#### 36 No proceedings to lie in respect of Special Commission\n\n36 No proceedings to lie in respect of Special Commission\n\n> > (1) A Special Commission shall not be vitiated by reason of any informality or want of form or be liable to be challenged, appealed against, quashed or called in question by any court.\n> \n> > (2) No proceedings, whether for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, shall lie in respect of any Special Commission.","sortOrder":44},{"sectionNumber":"37","sectionType":"section","heading":"Regulations","content":"#### 37 Regulations\n\n37 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to the practice and procedure to be adopted in the conduct of any Special Commission.\n> \n> > (2) A regulation may impose a penalty not exceeding 10 penalty units for any contravention thereof.\n> \n> > (3) A provision of a regulation may:\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors,\n> > \n> > > (b) apply differently according to different factors of a specified kind, or\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,\n> > \n> > or may do any combination of those things.\n> \n> **s 37:** Am 1993 No 47, Sch 1.","sortOrder":45}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation has not grown beyond its original 1983 purpose of establishing a statutory framework for targeted special commissions of inquiry with defined powers, procedural safeguards and offence provisions as a distinct alternative to royal commissions."},"complexity_factors":["Cross-references to multiple other statutes including the Evidence Act 1995 (s 17), Crimes Act 1900 (s 27), Defamation Act 2005 (note to s 10) and Royal Commissions Act 1923 (s 4(4))","Conditional activation of Division 2 special powers (ss 22–24) only if expressly declared in the letters patent (s 21)","Layered evidence rules in s 9 that distinguish between civil admissibility, criminal-context disregard, and parliamentary privilege waivers","Detailed offence provisions (Part 4) with varying penalties, specific defences (e.g. s 25(2)), reverse onus (s 30(2)) and interaction with Supreme Court procedures","Ability for each individual commission to modify practice, procedure, applicability of provisions and limitations via the letters patent (ss 5, 34)"],"plain_english_summary":"**The Special Commissions of Inquiry Act 1983** lets the Governor of New South Wales appoint a qualified commissioner (usually a current or former judge) to independently investigate specific matters of public concern. The commissioner can hold hearings (normally public but sometimes private), summon witnesses, require documents, and produce a report that may recommend whether someone should face prosecution.\n\nIt gives these commissions strong powers to get evidence while setting out clear rules: witnesses generally must answer questions and hand over materials (with limited excuses), hearings follow evidence-like standards, and the commissioner must stay within the exact topics listed in the official commission document. Serious criminal penalties apply for lying, destroying evidence, obstructing the process or ignoring summonses.\n\nThe law matters because it creates a flexible, targeted inquiry tool separate from royal commissions. It aims to uncover facts, promote accountability in government and public affairs, and protect the integrity of the process through immunity for the commissioner, controlled publication of sensitive material, and court-like safeguards for participants."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"While the core purpose — enabling the establishment of special commissions of inquiry — appears consistent since 1983, the seven distinct amended versions over 32 years (1999 to 2015) suggest the scope and operational detail of the Act has been refined and likely expanded over time. Common amendments to such legislation typically include broadening investigative powers, adjusting procedural protections, or aligning with other integrity frameworks. Without the full text, the precise nature of scope changes cannot be confirmed, but the frequency of amendments strongly indicates evolution beyond the original intent."},"complexity_factors":["The full text of the Act was not provided — only metadata and website navigation content were available, limiting detailed analysis","Special commissions of inquiry involve complex procedural and evidentiary rules that intersect with common law rights (e.g., privilege against self-incrimination)","The law has been amended multiple times across seven distinct versions since 1983, suggesting accumulated complexity","Interaction with other NSW legislation (e.g., Interpretation Act 1987, Administrative Arrangements Orders) adds layers of cross-referencing","Balancing individual rights (e.g., right to silence, legal professional privilege) against broad investigative powers is inherently complex","Scope of commission powers and limits on judicial review are typically complex constitutional and administrative law questions in this type of legislation"],"plain_english_summary":"## Special Commissions of Inquiry Act 1983 (NSW)\n\n**What is this law?**\nThis is a New South Wales law that provides the legal framework for the government to set up **special commissions of inquiry** — independent, formal investigations into matters of significant public concern. Think of it as the rulebook for how NSW can launch a major official investigation when something serious needs scrutinising.\n\n**Who does it affect?**\n- **The NSW Government (Premier)**, who has responsibility for this law and can establish these commissions\n- **Anyone called to give evidence** to a commission — witnesses can be compelled (legally required) to appear and provide information\n- **The general public**, who benefit from transparency when governments investigate serious issues\n- **Businesses and organisations** that may be subject to investigation\n\n**Why does it matter?**\nThis law gives the government a powerful tool to investigate serious matters — such as corruption, disasters, or systemic failures — outside of normal court processes. Commissions set up under this law can compel people to hand over documents and answer questions, even if those answers might be self-incriminating (potentially harmful to themselves).\n\n**Key things to know:**\n- The **Premier** is responsible for this law, meaning the government's top official oversees how it's used\n- The law has been updated multiple times since 1983, showing it has evolved over decades\n- It sits alongside other NSW integrity bodies and investigative frameworks\n\n**⚠️ Note:** The document provided contains mostly website navigation and status information rather than the full text of the Act itself, so a detailed breakdown of every provision is not possible from this extract alone."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The text as supplied shows changes to scope and application since the Act’s original drafting. The Governor’s ability to exclude specified provisions for a particular Special Commission (s 34) and the requirement that sections 22–24 operate only if the letters patent declare them to apply (s 21) allow the executive to narrow or widen coercive powers on a commission‑by‑commission basis. The eligibility rule excluding members of parliaments from appointment is reflected in s 4(2A). The text also records repeals (for example s 2 and Part 4A), and amendments affecting evidentiary rules and report protections (see s 9 and s 10 and their notes). These provisions mean the practical scope of Special Commissions has been adjusted over time and can be tailored in each appointment (ss 4, 21, 34; see also amendment/repeal notes in the supplied text)."},"complexity_factors":["High executive discretion in letters patent: Governor can set conditions, limit or exclude provisions and revoke or amend commissions (ss 4, 5, 6, 34).","Conditional application of strong coercive powers (ss 22–24) only when declared in letters patent (s 21), producing variable procedural regimes.","Commissioner discretion over hearing publicity, publication restrictions and evidentiary admissibility (ss 7–9, 8), requiring case‑by‑case legal judgments.","Interplay between compulsion to answer and statutory limits on subsequent admissibility of compelled evidence (s 23) creates nuanced protections and exceptions.","Criminal and civil penalties of varied severity (penalty units and indictable offences up to 5 years) across multiple sections (ss 25–31, 27–30).","Cross‑references to other legislation and evidentiary law (s 17 references Evidence Act; s 10 notes Defamation Act defences) requiring reading across statutes.","Broad powers equating Commissioners to Supreme Court powers in certain respects (s 24), which imports complex court remedies and contempt rules.","Amendments and repeals noted in the text (e.g. s 2 repealed; Part 4A repealed) indicate historical changes that affect statutory structure."],"plain_english_summary":"### What this law does, in plain terms\n\nThis Act creates a process for the Governor to appoint independent investigatory bodies called Special Commissions of Inquiry and to appoint a Commissioner (generally a current or former judge) to run each inquiry (s 4). Appointments are made by letters patent under the Public Seal and can authorise the Commissioner to inquire into and report on any matter specified in those letters patent (s 4). The Governor can put conditions or directions in the letters patent, and may revoke or amend them later (s 5, s 6).\n\nA Commissioner may hold hearings (public by default) but can direct private hearings in whole or in part for confidential or other reasons (s 7). The Commissioner can restrict publication of evidence or documents (s 8). The Commissioner sets what evidence to receive in public hearings, generally only evidence that relates to the commission’s subject and that would be admissible in civil proceedings (s 9). When considering whether criminal offences may have occurred, the Commissioner must disregard evidence that would not be admissible in relevant criminal proceedings (s 9(4)).\n\nThe Commissioner must report to the Governor within any period fixed in the letters patent and, in particular, state whether there is evidence warranting prosecution of a specified person for a specified offence (s 10). The Commissioner has judicial-style immunity while carrying out duties (s 11). Counsel or solicitors appointed by the Crown may assist and appear; persons substantially and directly interested may be authorised to appear and be represented (s 12). The Commissioner may employ staff, summon witnesses, administer oaths or affirmations, inspect and retain documents, and make copies (ss 13–19).\n\nWitnesses summoned must attend, answer questions and produce documents unless they have a reasonable excuse or are protected by certain privileges (s 17). For some protections and exceptions, the Act points to the Evidence Act (s 17). Allowances for witnesses are paid from Parliament-provided money by the Treasurer (s 20(3)).\n\nThe letters patent may declare that particular statutory powers (sections 22–24, which include arrest warrants for non‑attendance, compulsion to answer even where answers may incriminate, and Court‑equivalent powers) apply to a given Commission; otherwise those powers do not apply (s 21). Where declared to apply, the Commissioner may issue warrants to bring witnesses before the Commission (s 22), may require answers and production notwithstanding self-incrimination but subject to limits on subsequent admissibility (s 23), and exercises powers equivalent to the Supreme Court in compelling attendance, production and punishing contempt (s 24).\n\nThe Act creates criminal offences and civil penalties for failing to attend or produce (up to 10 penalty units) (s 25), refusing to swear or answer (s 26), giving false or misleading testimony (indictable, up to 5 years imprisonment) (s 27), suborning false testimony (s 28), destroying evidence (s 29), obstructing the inquiry (s 30), and breaching directions about private hearings or publication (up to 10 penalty units) (s 31). Proceedings for non‑indictable offences may be heard in the Local Court (s 33). A Special Commission is largely insulated from judicial challenge (s 36).\n\nRegulations may be made about practice and procedure and may impose penalties up to 10 penalty units (s 37). The Governor may, in the letters patent, declare that specified provisions of the Act shall not apply to a particular Special Commission (s 34). The Act does not displace other statutory inquiry powers unless expressly provided (s 35).\n\n### Who is affected and who pays\n\n- Persons and entities named in a commission or who are summoned can be required to attend, give evidence and produce documents; failure may attract fines or imprisonment (ss 14, 17, 22, 25–31).\n- Commissioners (normally judges or former judges) run the inquiry and have judicial immunity (s 4, s 11).\n- The Governor decides whether to create a commission, who to appoint, and what conditions or exclusions to include in the letters patent (s 4, s 5, s 6, s 34).\n- The Treasurer pays witness allowances from Parliamentary appropriations (s 20(3)).\n\n### How it works mechanically (key levers and discretion)\n\n- Appointment and scope are set by letters patent; those instruments can (a) set conditions, (b) declare that certain statutory powers apply or not apply, and (c) be revoked or amended by the Governor (s 4, s 5, s 6, s 21, s 34). That creates variable application of particular coercive powers across different Commissions.\n- The Commissioner has broad procedural discretion over public versus private hearings, publication restrictions, admissibility in public hearings, staff employment and document retention (ss 7–9, 13, 18). Those discretionary choices determine how much material becomes public and who can access it.\n- The Act balances compulsion with limited use protections: answers compelled under certain powers are generally not admissible against the witness in later civil or criminal proceedings, subject to explicit exceptions in the Act (s 23).\n\n### Costs, incentives and trade-offs (practical tests)\n\n- Direct fiscal cost: parliamentary appropriation funds witness allowances (s 20(3)) and the administrative cost of running an inquiry (ss 13, 37). The Act allows courts to award costs in proceedings for offences under the Act (s 32).\n- Compliance burden on individuals and businesses: time and expense to prepare for testimony, produce documents and potential exposure to penalties (ss 14, 17, 25–31). Businesses subject to inquiry may divert staff and records to compliance activities.\n- Incentives to cooperate: compulsion powers (summonses, warrants, contempt penalties) increase the likelihood of obtaining documentary and witness evidence (ss 22, 24). The limitation on subsequent admissibility of compelled answers (s 23) reduces legal risk to a witness from compelled testimony, which may increase willingness to comply.\n- Trade-off between transparency and confidentiality: default public hearings support disclosure, but the Commissioner may order private hearings and restrict publication for confidentiality or other reasons (ss 7–8). That gives flexibility to protect sensitive material but reduces public visibility where invoked.\n- Bureaucratic and executive discretion: the Governor’s power to craft and amend letters patent and to exclude specified statutory provisions (s 4, s 5, s 6, s 34) means the design and coercive reach of each Special Commission is principally an executive decision.\n\n### Practical implementation risks\n\n- Wide Commissioner discretion over admissibility and publication (ss 7–9, s 8) creates variability in how proceedings are run and how much information becomes public.\n- The option to exclude statutory protections or powers for particular Commissions (s 34, s 21) can produce different procedural regimes across inquiries, increasing legal uncertainty for those summoned.\n\n(References in parentheses are to the section numbers cited.)"}},"importantCases":[],"_links":{"self":"/api/acts/special-commissions-of-inquiry-act-1983","history":"/api/acts/special-commissions-of-inquiry-act-1983/history","analysis":"/api/acts/special-commissions-of-inquiry-act-1983/analysis","conflicts":"/api/acts/special-commissions-of-inquiry-act-1983/conflicts","importantCases":"/api/acts/special-commissions-of-inquiry-act-1983/important-cases","documents":"/api/acts/special-commissions-of-inquiry-act-1983/documents"}}