148Examination summons—content

148 Examination summons—content (1) An examination summons must require the person to whom it is directed to attend at a stated time and place and do 1 or more of the (a) give evidence at an examination before the commission; (b) produce to the commission any document or other thing described in the examination summons that is in the person’s possession or control. (2) An examination summons mentioned in subsection (1) (a) must state the nature of the matters about which the person is to be questioned, except to the extent the commission considers on reasonable grounds that this would be— (a) likely to prejudice the conduct of an investigation; or (b) contrary to the public interest. (3) An examination summons must be accompanied by— (a) any relevant confidentiality notice; and Note Confidentiality notice—see s 77. (b) the wellbeing policy; and Note Wellbeing policy—see s 295A (1). (c) a statement setting out the following: (i) that failure to comply with the examination summons may be contempt of the commission, or an offence, and Note See s 166 and s 173. (ii) that giving false or misleading information is a serious offence; Note See the Criminal Code, s 338.

(iii) whether it is intended that the examination is to be held in public or in private; (iv) that if the person summoned is under 16 years old and provides proof of age to the commission, the person need not comply with the examination summons; Note See s 149 and s 153. (v) that the person is entitled to seek legal advice in relation to the examination summons and the examination generally; Note See s 152. (vi) that the person has a right to legal representation at an examination; Note See s 152. (vii) that the person may have a right to have an interpreter present at the examination; Note See s 153. (viii) that the person may be required to have a parent, a guardian or an independent person present at the examination; Note See s 153. (ix) that the person may be able to claim a privilege but is not excused from answering a question, giving information or producing a document or other thing on the ground that the answer, information, document or other thing may tend to incriminate the person or make the person liable to a penalty; Note See pt 3.7, in particular, s 175. (x) that if a person gives any answer, information, document or other thing that may tend to incriminate the person, an immunity as to the use of that evidence may apply; Note See s 175.

(xi) that if the person is a member of the Legislative Assembly, the person is not required to attend on a sitting day of the Note See the Parliamentary Privileges Act 1987 (Cwlth), s 14. (xii) that the person must deal with the examination summons in accordance with section 147A if— (A) the evidence required to be given, or document or other thing required to be produced, contains Assembly information; and (B) the person is not a current or former member of the (xiii) that if the person is required only to produce a document or other thing, the commission may excuse the person from attendance if the person, or a nominated person, produces the document or other thing to the commission before the time for production stated in the examination summons; Note See s 147B. (xiv) that the person has a right to complain to the inspector; Note See s 257. (xv) any other matter prescribed by regulation.