90Power to issue preliminary inquiry notice

90 Power to issue preliminary inquiry notice (1) In carrying out a preliminary inquiry, the commission may issue a notice (a preliminary inquiry notice) to a person, requiring the person to attend the commission at a stated time and place to produce a document or other thing to the commission. Note 1 A preliminary inquiry notice cannot require a person to appear before the commission to give oral evidence. Note 2 A person (other than a current or former member of the Legislative Assembly) must not produce a document or thing containing Assembly information to the commission unless authorised by the Speaker (see s 90A). (2) However, the commission may issue a preliminary inquiry notice only if the commission— (a) suspects on reasonable grounds that the document or other thing may be necessary to decide whether to dismiss, refer or investigate a corruption report, or investigate a matter on its own initiative; and (b) is satisfied that it is reasonable to do so.

(3) In deciding whether it is reasonable to issue the preliminary inquiry notice, the commission must have regard to— (a) whether it is reasonably practicable to obtain the information in the document or other thing in another way; and (b) the evidentiary or intelligence value of the information, document or other thing sought to be obtained from the person; and (c) the age of the person and whether the person is suffering from a mental impairment; and (d) the impact the preliminary inquiry notice may have on the person, in particular, due to disability, health or cultural or linguistic background. (4) The commission must not issue a preliminary inquiry notice to a person under 18 years old unless the commission considers on (a) the information, document or other thing that the person could provide may be compelling and probative evidence; and (b) it is not practicable to obtain the information, document or other thing in another way. (5) A person who complies with a preliminary inquiry notice has the same protection and immunity as a witness has in a proceeding in the Supreme Court. Note 1 For how documents may be given, see the Legislation Act, pt 19.5. Note 2 Documents may be produced electronically in certain circumstances (see Electronic Transactions Act 2001). Note 3 Giving false or misleading information is an offence against the Note 4 The commission must report monthly to the inspector about preliminary inquiry notices (see s 205).