40Powers in relation to witnesses, &c., at hearings

40 Powers in relation to witnesses, &c., at hearings

(1)  The head of the council, or an authorised person, may issue a subpoena requiring the person to appear before the council at a hearing, at a specified time and place, to do either or both of the following:

(a) give evidence;

(b) produce a specified document, or other thing, relevant to the hearing.

(2)  A person is taken to have complied with a subpoena under subsection (1)(b) if the person gives the relevant document or other thing to the council before the date specified in the subpoena for its production.

(3)  The head of the council may require a witness, appearing at a hearing before the council to give evidence, to do one or more of the following:

(a) take an oath or give an affirmation;

(b) answer a question relevant to the hearing;

(c) produce a specified document, or other thing, relevant to the hearing.

(4)  The following persons may examine or cross-examine a witness at a hearing in respect of a matter if the council is satisfied on reasonable grounds that the matter is relevant and appropriate to its substantive examination of a complaint:

(a) an Australian legal practitioner assisting the council;

(b) the relevant judicial officer or the Australian legal practitioner representing the relevant judicial officer;

(c) any other person present, whom the head of the council permits to do so.

(5)  For the purposes of a substantive examination of a complaint, the council may take into account a failure to comply with a subpoena as the council considers appropriate.