63Public and private examinations

#### 63 Public and private examinations 63 Public and private examinations > > (1) An examination (or part of an examination) may, subject to subsection (2), be held in public or in private. > > > (2) An examination (or part of an examination) may only be held in public if the Commission decides that it is appropriate. > > > > Note. > > > > See section 19 (2) (c) in relation to the making of a decision under this provision. > > > (3) Despite the Commission deciding to hold an examination (or part of an examination) in public, the examining Commissioner may decide to hear closing submissions or any other part of a hearing in private. > > > (4) Subsection (3) extends to a closing submission by a person appearing before the examining Commissioner or an Australian legal practitioner representing such a person, as well as to a closing submission by an Australian legal practitioner assisting the Commission as counsel. > > > (5) Without limiting the factors that the Commission may take into account in determining whether or not to hold an examination (or part of an examination) in public, the Commission is to consider the following— > > > > > (a) the benefit of exposing to the public, and making it aware of, serious misconduct, > > > > > (b) the seriousness of the allegation or misconduct matter being investigated, > > > > > (c) any risk of undue prejudice to a person’s reputation (including by not holding the examination in public), > > > > > (d) whether the public interest in exposing the matter is outweighed by the public interest in preserving the privacy of the persons concerned, > > > > > (e) whether holding the examination (or part of the examination) in public may encourage a person with information relevant to the investigation concerned to appear before the examining Commissioner or to otherwise assist the Commission’s investigation. > > > (6) The examining Commissioner may give directions as to the persons who may be present at an examination when it is being held in private. A person must not be present at an examination in contravention of any such direction. > > > > Note. > > > > It is an offence to be present at an examination in contravention of a direction—see section 149.