sec.18Conduct of examination

sec.18 Conduct of examination

An examiner may regulate the conduct of proceedings at an examination as the examiner thinks fit. At an examination before an examiner— a person giving evidence may be represented by a lawyer; and if, because of the existence of special circumstances, the examiner consents to a person who is not giving evidence being represented by a lawyer—the person may be so represented. An examination before an examiner must be held in private and the examiner may give directions as to the persons who may be present during the examination or a part of the examination. Nothing in a direction given by the examiner under subsection (3) prevents the presence, when evidence is being taken at an examination before the examiner, of— a person representing the person giving evidence; or a person representing, under subsection (2) , a person who, because of a direction given by the examiner under subsection (3) , is entitled to be present. If an examination before an examiner is being held, a person (other than a member of the staff of the ACC approved by the examiner) must not be present at the examination unless the person is entitled to be present because of a direction given by the examiner under subsection (3) or because of subsection (4) . Maximum penalty—30 penalty units or 1 year’s imprisonment. At an examination before an examiner the following persons may, so far as the examiner thinks appropriate, examine or cross-examine any witness on any matter that the examiner considers relevant to the ACC operation/investigation— counsel assisting the examiner generally or in relation to the matter to which the ACC operation/investigation relates; any person authorised by the examiner to appear before the examiner at the examination; any lawyer representing a person at the examination in accordance with subsection (2) . If a person (other than a member of the staff of the ACC) is present at an examination before an examiner while another person (the witness ) is giving evidence at the examination, the examiner must— inform the witness that the person is present; and give the witness an opportunity to comment on the presence of the person. To remove any doubt, it is declared that a person does not cease to be entitled to be present at an examination before an examiner, or part of an examination before an examiner, if— the examiner fails to comply with subsection (7) ; or a witness comments adversely on the presence of the person under subsection (7) (b) . An examiner may direct that the following must not be published, or must not be published except in the way, and to the persons, that the examiner specifies— any evidence given before the examiner; the contents of any document, or a description of any thing, produced to the examiner; any information that might enable a person who has given evidence before the examiner to be identified; the fact that any person has given or may be about to give evidence at an examination. The examiner must give a direction under subsection (9) if the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been, or may be, charged with an offence. Subject to subsection (12) , the CEO may, in writing, vary or revoke a direction under subsection (9) . The CEO must not vary or revoke a direction if to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence. If— a person has been charged with an offence before a Federal Court or before a court of the State; and the court considers that it may be desirable in the interests of justice that particular evidence given before an examiner, being evidence in relation to which the examiner has given a direction under subsection (9) , be made available to the person or to a lawyer representing the person; the court may give to the examiner or to the CEO a certificate to that effect. If a court gives a certificate to the examiner or CEO under subsection (13) , the examiner or the CEO must make the evidence available to the court. If— the examiner or the CEO makes evidence available to a court under subsection (14) ; and the court, after examining the evidence, is satisfied that the interests of justice so require; the court may make the evidence available to the person charged with the offence concerned or to a lawyer representing the person. A person must not make a publication in contravention of a direction given under subsection (9) . Maximum penalty—30 penalty units or 1 year’s imprisonment. At the conclusion of an examination held by an examiner, the examiner must give the head of the special ACC operation/investigation— a record of the proceedings of the examination; and any documents or other things given to the examiner at, or in connection with, the examination. (sec.18-ssec.1) An examiner may regulate the conduct of proceedings at an examination as the examiner thinks fit. (sec.18-ssec.2) At an examination before an examiner— a person giving evidence may be represented by a lawyer; and if, because of the existence of special circumstances, the examiner consents to a person who is not giving evidence being represented by a lawyer—the person may be so represented. (sec.18-ssec.3) An examination before an examiner must be held in private and the examiner may give directions as to the persons who may be present during the examination or a part of the examination. (sec.18-ssec.4) Nothing in a direction given by the examiner under subsection (3) prevents the presence, when evidence is being taken at an examination before the examiner, of— a person representing the person giving evidence; or a person representing, under subsection (2) , a person who, because of a direction given by the examiner under subsection (3) , is entitled to be present. (sec.18-ssec.5) If an examination before an examiner is being held, a person (other than a member of the staff of the ACC approved by the examiner) must not be present at the examination unless the person is entitled to be present because of a direction given by the examiner under subsection (3) or because of subsection (4) . Maximum penalty—30 penalty units or 1 year’s imprisonment. (sec.18-ssec.6) At an examination before an examiner the following persons may, so far as the examiner thinks appropriate, examine or cross-examine any witness on any matter that the examiner considers relevant to the ACC operation/investigation— counsel assisting the examiner generally or in relation to the matter to which the ACC operation/investigation relates; any person authorised by the examiner to appear before the examiner at the examination; any lawyer representing a person at the examination in accordance with subsection (2) . (sec.18-ssec.7) If a person (other than a member of the staff of the ACC) is present at an examination before an examiner while another person (the witness ) is giving evidence at the examination, the examiner must— inform the witness that the person is present; and give the witness an opportunity to comment on the presence of the person. (sec.18-ssec.8) To remove any doubt, it is declared that a person does not cease to be entitled to be present at an examination before an examiner, or part of an examination before an examiner, if— the examiner fails to comply with subsection (7) ; or a witness comments adversely on the presence of the person under subsection (7) (b) . (sec.18-ssec.9) An examiner may direct that the following must not be published, or must not be published except in the way, and to the persons, that the examiner specifies— any evidence given before the examiner; the contents of any document, or a description of any thing, produced to the examiner; any information that might enable a person who has given evidence before the examiner to be identified; the fact that any person has given or may be about to give evidence at an examination. (sec.18-ssec.10) The examiner must give a direction under subsection (9) if the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been, or may be, charged with an offence. (sec.18-ssec.11) Subject to subsection (12) , the CEO may, in writing, vary or revoke a direction under subsection (9) . (sec.18-ssec.12) The CEO must not vary or revoke a direction if to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence. (sec.18-ssec.13) If— a person has been charged with an offence before a Federal Court or before a court of the State; and the court considers that it may be desirable in the interests of justice that particular evidence given before an examiner, being evidence in relation to which the examiner has given a direction under subsection (9) , be made available to the person or to a lawyer representing the person; the court may give to the examiner or to the CEO a certificate to that effect. (sec.18-ssec.14) If a court gives a certificate to the examiner or CEO under subsection (13) , the examiner or the CEO must make the evidence available to the court. (sec.18-ssec.15) If— the examiner or the CEO makes evidence available to a court under subsection (14) ; and the court, after examining the evidence, is satisfied that the interests of justice so require; the court may make the evidence available to the person charged with the offence concerned or to a lawyer representing the person. (sec.18-ssec.16) A person must not make a publication in contravention of a direction given under subsection (9) . Maximum penalty—30 penalty units or 1 year’s imprisonment. (sec.18-ssec.17) At the conclusion of an examination held by an examiner, the examiner must give the head of the special ACC operation/investigation— a record of the proceedings of the examination; and any documents or other things given to the examiner at, or in connection with, the examination.