18Allegations of misconduct

18 Allegations of misconduct

(1)  [Section 18 Subsection (1) substituted by No. 14 of 2000, s. 4, Applied:19 Apr 2000] If a Commission is satisfied that –

(a) an allegation of misconduct involving a person has been or should be made in its inquiry; and

(b) that person should be required, or is likely to be required, to give evidence in the inquiry in relation to the allegation –

the Commission must give that person notice of –

(c) the allegation; and

(d) [Section 18 Subsection (1) amended by No. 4 of 2021, s. 14, Applied:01 Mar 2021] the substance of the evidence, or nature and substance of anticipated evidence, supporting the allegation.

(2)  [Section 18 Subsection (2) substituted by No. 14 of 2000, s. 4, Applied:19 Apr 2000] The notice is to be given a reasonable period, to be not less than 48 hours, before the person is called to give evidence in relation to the allegation.

(2A)  [Section 18 Subsection (2A) inserted by No. 4 of 2021, s. 14, Applied:01 Mar 2021] Subsection (2) does not apply in respect of a person given a notice under subsection (1) if –

(a) the allegation specified in the notice relates to misconduct by the person in respect of the giving, or presentation, of evidence in the inquiry; or

(b) the person waives the reasonable period, referred to in subsection (2) , in respect of the allegation specified in the notice.

(3)  A person who receives notice of an allegation of misconduct may respond to that allegation by doing all or any of the following:

(a) making oral or written submissions to the Commission;

(b) giving evidence to the Commission to contradict or explain the allegation or evidence, including the giving of oral evidence under examination by the person's counsel;