47Conduct of investigation

47 Conduct of investigation

(1)  In conducting an investigation under section 46(1) , the investigator, by written notice given to a person, may require or direct the person to do any or all of the following:

(a) to provide the investigator or any person assisting the investigator with any information or explanation that the investigator requires;

(b) to attend and give evidence before the investigator or any person assisting the investigator;

(c) to produce to the investigator or any person assisting the investigator any record, information, material or thing in the custody or possession or under the control of a person.

(2)  The investigator may require or direct that –

(a) the information, explanation or answers to questions be given orally or in writing, as the investigator requires; and

(b) the information, explanation or answers to questions be verified or the person give an oath or affirmation that the information or evidence the person has given is true.

(3)  The investigator may administer an oath or affirmation for the purposes of this Act.

(4)  If a person required or directed to give evidence to an investigator is –

(a) a prisoner or detainee under the Corrections Act 1997 or the Youth Justice Act 1997 ; or

(b) [Section 47 Subsection (4) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] a patient detained in an approved hospital under the Mental Health Act 2013 ; or

(c) a person who is subject to a restriction under the Criminal Justice (Mental Impairment) Act 1999  –

the notice requiring or directing the person to provide any information or explanation authorises and requires the Director of Corrective Services, the Secretary within the meaning of the Youth Justice Act 1997 , the controlling authority of the approved hospital or the responsible medical officer, within the meaning of the , to allow the person to provide that information or explanation to the investigator in accordance with the notice.