19APrivate sessions

19A Private sessions

[Section 19A of Part 3 Inserted by No. 4 of 2021, s. 16, Applied:01 Mar 2021]

(1)  Unless otherwise specified by the order by which it is established, a Commission may hold a private session for the Commission to obtain information in respect of the matter into which the Governor has directed it to inquire.

(2)  A private session of a Commission under subsection (1)  –

(a) is not a hearing of the Commission; and

(b) must be held in private; and

(c) subject to this Act and the order establishing the Commission, may be held as determined by the Commission.

(3)  A person who appears at a private session of a Commission under subsection (1)  –

(a) is not a witness before the Commission; and

(b) does not give evidence to the Commission.

(4)  Despite subsection (3)(a) , sections 36 , 37 and 38 apply to a person who appears at a private session of a Commission under subsection (1) as if that person had appeared before the Commission or had been a witness to an inquiry.

(5)  Information that relates to an individual that has been provided at a private session of a Commission, or given to a member of a Commission solely for the purposes of a private session or proposed private session, may be included in a report or recommendation of the Commission only if the information –

(a) is also given in evidence to the Commission other than at a private session; or

(b) does not disclose the identity of, or lead to the identification of, the individual.