77Actions to be taken before questioning of a witness or requiring production of a document or other thing

77 Actions to be taken before questioning of a witness or requiring production of a document or other thing

(1) Before a witness summoned to attend a hearing and not excused from attendance under section 70(4) is asked any questions or required to produce a document or thing, an investigating panel must—

(a) confirm the age of a witness if the investigating panel considers that a witness may be under the age of 18 years; and

(b) release any witness under the age of 16 years from compliance with any witness summons; and

(c) inform the witness orally and in writing of the person's rights and obligations unless—

(i) the witness is represented at the hearing by an Australian lawyer; or

(ii) the witness informs the investigating panel that, prior to the hearing an Australian lawyer has explained the person's rights and obligations; and

(d) inform an Australian lawyer who is representing a witness or other person at the hearing of any non-disclosure requirements that apply under the Act; and

(e) take any other actions prescribed for the purposes of this subsection.

S. 77(2) amended by No. 2/2019 s. 98(a).

(2) In the case of an investigation of a public interest complaint, before a person attending as a witness at a hearing (whether voluntarily or in response to a witness summons) is asked any questions or required to produce a document or other thing, an investigating panel must—

S. 77(2)(a) amended by No. 2/2019 s. 98(b).

(a) advise the person that additional obligations under the Public Interest Disclosures Act 2012 relating to confidentiality may apply to the person; and

(b) inform the person of the nature of those obligations; and

S. 77(2)(c) amended by No. 2/2019 s. 98(b).

(c) inform an Australian lawyer who is representing a witness or other person at the hearing of the confidentiality requirements of the Public Interest Disclosures Act 2012.