95RPublic inquiries etc.

95R Public inquiries etc.

Public inquiries

(1) An inquiry body must hold an inquiry in public, unless the Minister directs otherwise.

Taking of evidence

(2) The inquiry body may take evidence in private at an inquiry held in public if:

(a) a witness objects to giving, in public, evidence that the inquiry body is satisfied is of a confidential nature; and

(b) the inquiry body considers that it is desirable to do so.

(3) The inquiry body may permit a person appearing as a witness at the inquiry to give evidence by giving, and verifying by oath or affirmation, a written statement.

(4) If a statement is so given in an inquiry held in public, the inquiry body must make available to the public in such manner as it thinks fit the contents of the statement other than any matter:

(a) that the person who gave the evidence objects to being made public; and

(b) the evidence of which the body is satisfied would have been taken in private if that evidence had been given orally and the person had objected to giving it in public.

Written submissions

(5) The inquiry body may require or permit a person desiring to make a submission to the body to make the submission in writing.

(6) If a submission is so made in an inquiry held in public, the inquiry body must make available to the public in such manner as it thinks fit the contents of the submission.

Procedure

(7) The procedure to be followed at an inquiry is within the discretion of the inquiry Chair. The inquiry body is not bound by the rules of evidence.

(8) Subsection (7) operates:

(a) subject to this Part; and

(b) in any case—subject to any direction given to the inquiry body by the Minister; and

(c) in an inquiry held by the Commission and at which the inquiry Chair is not the Chairperson—subject to any direction given to the inquiry Chair by the Chairperson.

Note: See also section 95ZN (about confidentiality of information).