19Commission findings

19 Commission findings

(1)  Subject to section 18 (6) , in its report a Commission may make a finding of fact on or in respect of any matter into which the Governor has directed it to inquire.

(2)  In its report a Commission must not express a conclusion of law in respect of the legal liability of a person.

(2A)  [Section 19 Subsection (2A) inserted by No. 4 of 2021, s. 15, Applied:01 Mar 2021] If, in its report, a Commission intends to make a finding that is an adverse finding in respect of a person, the Commission must –

(a) notify the person in writing of –

(i) the Commission’s intention to make the adverse finding in respect of the person; and

(ii) the details of the adverse finding; and

(b) allow the person at least 10 working days to make representations to the Commission in respect of the adverse finding before the report is finalised.

(2B)  [Section 19 Subsection (2B) inserted by No. 4 of 2021, s. 15, Applied:01 Mar 2021] If the report of a Commission makes an adverse finding in respect of a person, the rules of procedural fairness apply in respect of that person and that finding.

(3)  The report of a Commission is not admissible in legal proceedings to prove a fact found by the Commission.