21Hearings to be held in private

#### 21 Hearings to be held in private 21 Hearings to be held in private > > (1) A hearing before the Commission is to be held in private and the Commission may (subject to section 21A) give directions as to the persons who may be present during the hearing or a part of the hearing. > > > (2) Nothing in a direction given by the Commission under subsection (1) prevents the presence, when evidence is being taken at a hearing before the Commission, of an Australian legal practitioner representing— > > > > > (a) the person giving evidence, or > > > > > (b) under section 22 (1) (b), a person who because of a direction given by the Commission under subsection (1) is entitled to be present. > > > (3) A person (other than an executive officer, counsel assisting the Commission in relation to the matter that is the subject of a hearing or a member of staff of the Commission approved by the Commission) must not be present at the hearing unless the person is entitled to be present because of a direction given by the Commission under subsection (1) or because of subsection (2). > > > > Maximum penalty—100 penalty units or imprisonment for 2 years, or both. > > > (4) A direction must not be given under subsection (1) permitting a person to be present during a hearing or part of a hearing while a witness is giving evidence, unless before the direction is given— > > > > > (a) the witness is informed that it is proposed that the person be present, and > > > > > (b) the witness has an opportunity to comment on the person being present. > > > (5) To avoid doubt, a person does not cease to be entitled to be present at a hearing or a part of the hearing if— > > > > > (a) the Commission fails to comply with subsection (4), or > > > > > (b) a witness comments adversely on the presence of the person under subsection (4) (b). > > **s 21:** Am 2014 No 82, Sch 1 \[3\] \[4\].