109Parties and procedure

109 Parties and procedure (1) This section applies for proceedings for an order under section 108. (2) The parties to the proceedings are: (a) the applicant; and (b) a protected person, or other person who may be at risk of retaliation, who may be affected by the variation or revocation of the direction to which the proceedings relate; and (c) the ICAC; and (d) if the Commissioner for Public Employment applies to be joined – the Commissioner for Public Employment. (3) The Supreme Court must consider, taking into account the matters mentioned in subsection (4), whether to exercise a power: (a) to hold the proceedings in private; and

Independent Commissioner Against Corruption Act 2017 85 (b) to prohibiting the publication of evidence or information that may identify a protected person or other person who may be at risk of retaliation. (4) The matters the Supreme Court must take into account are: (a) the extent to which the identity of a protected person, or other person who may be at risk of retaliation, is known; and (b) the increased risk of harm to a protected person, or other person who may be at risk of retaliation, if their identity were more widely known as a result of the proceedings. (5) In addition to subsection (3), the Supreme Court may hear evidence from a party in private, and without disclosing the evidence to another party, if the Court is satisfied that this is necessary: (a) to keep the identity of a protected person, or other person who may be at risk of retaliation, confidential; or (b) to protect the confidentiality of a current or possible future investigation by the ICAC. (6) If the Supreme Court is considering hearing evidence from a party in private without disclosing it to another party, the Court may: (a) notify the Inspector; and (b) require any material relevant to the proceedings to be made available to the Inspector; and (c) permit the Inspector to appear in the proceedings and, for the purpose of testing the appropriateness or validity of the direction the subject of the proceedings: (i) ask a witness questions; and (ii) make submissions. (7) The Supreme Court may permit the Inspector to ask questions or make submissions under subsection (6)(c) in the absence of a party or a party's legal representative even if the party's interests may be affected by the subject matter of the questions or submissions. (8) The Supreme Court may award costs against a party who is a protected person, or other person who may be at risk of retaliation, only if satisfied: (a) the party issued the proceedings vexatiously or without reasonable cause; or

Independent Commissioner Against Corruption Act 2017 86 (b) the party's unreasonable conduct caused another party to incur the costs.