62Hearing procedure

62 Hearing procedure

(1) In a hearing held by an investigating panel—

(a) the investigating panel may give directions regarding the conduct of the hearing; and

(b) the officer concerned may be represented by an Australian lawyer.

(2) Unless subsection (3) applies, a hearing held by an investigating panel is closed to members of the public.

(3) An investigating panel may direct that a hearing or particular parts of a hearing be open to the public if there are exceptional circumstances and the investigating panel is satisfied that it would be in the public interest, having regard to—

(a) the disclosure considerations; and

(b) if coercive powers are being used against the officer concerned, whether directing that a hearing or particular parts of a hearing be open to the public would still be in the public interest.

(4) An investigating panel must not hold a hearing in public if the hearing may disclose particulars likely to lead to the identification of a person who has made an assessable disclosure.

S. 62(5) amended by No. 2/2019 s. 97.

(5) However, an investigating panel may hold a hearing in public if the information that may be disclosed is information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.