Defence (Inquiry) Regulations 1985
117Conduct of inquiries in private or in public
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117 Conduct of inquiries in private or in public
(1) Subject to subregulation (2), a Commission of Inquiry must not conduct an inquiry in public. (2) The appointing authority may direct: (a) that a Commission of Inquiry conduct all or part of an inquiry in public; or (b) that a person, or persons included in a class of persons, specified in the direction may be present during all or part of an inquiry. (3) If the President of a Commission of Inquiry that is conducting all or part of an inquiry in public is satisfied that it is necessary to do so in the interests of the defence of the Commonwealth or of fairness to a person who the President considers may be affected by the inquiry, the President may: (a) direct that all or part of the inquiry must be conducted in private and give directions as to the persons who may be present; or (b) order that a person, or persons included in a class of persons, specified in the order not be present during the hearing of all or part of the inquiry. (4) If the President of a Commission of Inquiry makes an order referred to in paragraph (3) (b), the President may authorize a person to take such reasonable action as is required to give effect to that order.