23Openness of hearings

#### 23 Openness of hearings (1) A Commission must hold its hearings in public, but may direct that part or all of its hearings be held in private if it is satisfied that it is desirable to do so: (a) because it believes the interests of justice so require; or (b) because it believes the confidential nature of any evidence or matter so requires; or (c) for any other reason. > Note: For the power to hold a hearing, see section 24. (2) In considering whether part or all of a hearing should be held in private, the Commission must: (a) take as the basis of its consideration the principle that it is desirable that hearings should be held in public; but (b) give due regard to any reasons given to the Commission why the hearing should be held in private. (3) Without limiting paragraph (2)(b), the Commission must have regard to the effect of holding the hearing in public on the following: (a) the ability of the Commonwealth judicial officer to whom the investigation relates to perform his or her duties as such an officer; (b) the independence of the judiciary; (c) the confidence the public has in: (i) the judiciary; and (ii) the Commonwealth judicial officer.