QLDIn ForceAct
Commissions of Inquiry Act 1950
sec.28Functions of deputy to a commission
Start here
Get a plain-English read of sec.28
Turn the raw legal text into a practical explanation grounded in Commissions of Inquiry Act 1950.
### sec.28 Functions of deputy to a commission
A deputy to a commission shall, according as the deputy is authorised in writing under the hand of the chairperson—
sit with the commission during any sittings approved by the chairperson but without any power to decide or participate by voting in relation to any matter arising for decision at those sittings; and
conduct on behalf of the commission, without the attendance of any member of the commission, any sittings approved by the chairperson and, where required, make a report or recommendation in relation thereto to the commission; and
assist the commission in such manner and to such extent as the chairperson decides, including without limiting the generality of the foregoing by the exercise of any power which is exercisable by or which may be granted to the commission or to a commissioner (other than such powers as are expressly reserved to the chairperson) under this Act.
A deputy to a commission shall, in the exercise of the authority of a deputy to the commission, at all times and in all respects be subject to the control and act in accordance with the directions of the chairperson.
A deputy to a commission, in the conduct of a sittings on behalf of a commission shall have power to decide all issues which arise.
However, a deputy to a commission may, and shall if directed by the chairperson, refer an issue which arises (which may include the issue of whether the sittings should continue to be conducted by the deputy to a commission) for decision to the chairperson for determination and may adjourn a sittings to enable the chairperson to decide that issue.
s 28 ins 1988 No. 30 s 6
amd 2010 No. 42 s 214 sch
(sec.28-ssec.1) A deputy to a commission shall, according as the deputy is authorised in writing under the hand of the chairperson— sit with the commission during any sittings approved by the chairperson but without any power to decide or participate by voting in relation to any matter arising for decision at those sittings; and conduct on behalf of the commission, without the attendance of any member of the commission, any sittings approved by the chairperson and, where required, make a report or recommendation in relation thereto to the commission; and assist the commission in such manner and to such extent as the chairperson decides, including without limiting the generality of the foregoing by the exercise of any power which is exercisable by or which may be granted to the commission or to a commissioner (other than such powers as are expressly reserved to the chairperson) under this Act.
(sec.28-ssec.2) A deputy to a commission shall, in the exercise of the authority of a deputy to the commission, at all times and in all respects be subject to the control and act in accordance with the directions of the chairperson.
(sec.28-ssec.3) A deputy to a commission, in the conduct of a sittings on behalf of a commission shall have power to decide all issues which arise.
(sec.28-ssec.4) However, a deputy to a commission may, and shall if directed by the chairperson, refer an issue which arises (which may include the issue of whether the sittings should continue to be conducted by the deputy to a commission) for decision to the chairperson for determination and may adjourn a sittings to enable the chairperson to decide that issue.
- (a) sit with the commission during any sittings approved by the chairperson but without any power to decide or participate by voting in relation to any matter arising for decision at those sittings; and
- (b) conduct on behalf of the commission, without the attendance of any member of the commission, any sittings approved by the chairperson and, where required, make a report or recommendation in relation thereto to the commission; and
- (c) assist the commission in such manner and to such extent as the chairperson decides, including without limiting the generality of the foregoing by the exercise of any power which is exercisable by or which may be granted to the commission or to a commissioner (other than such powers as are expressly reserved to the chairperson) under this Act.