38Public nature of inquiries

38 Public nature of inquiries

38 Public nature of inquiries

(1) An inquiry under this Part is to be held in public.

(2) Before the inquiry starts, the person or body conducting it is required to give notice, by advertisement in the Gazette and in such other manner as the person or body thinks appropriate, of the intention to hold the inquiry, of its subject and of the time and place at which it is to start.

(3) However, if the person or body conducting the inquiry is satisfied that it is desirable in the public interest to do so because of the confidential nature of any evidence or matter or for any other reason, the person or body may do either or both of the following—

(a) direct that the inquiry or any part of it take place in private and give directions as to the persons who may be present,

(b) give directions prohibiting or restricting the publication of evidence given at the inquiry or of matters contained in documents provided for the inquiry.

(4) A person who publishes any evidence or matter in contravention of any such direction of the person or body conducting the inquiry is guilty of an offence unless—

(a) the publication of the evidence was made with the consent of the person who gave the evidence or the publication of the matter was made with the consent of the person who provided the document, or

(b) the evidence or matter has already been lawfully published, or

(c) the person became aware of the evidence or matter otherwise than by reason, directly or indirectly, of the giving of the evidence at the inquiry or the provision of the document at the inquiry, or

(d) the person had any other lawful excuse to do so.

Maximum penalty—100 penalty units.

(5) If evidence is given by written statement, the person or body conducting the inquiry is to make available to the public in such manner as the person or body thinks fit the contents of the statement. This does not apply to matter the publication of which, in the opinion of the person or body, would be contrary to the public interest because of its confidential nature or for any other reason.

s 38: Am 2018 No 25, Sch 2.5.