82Integrity Commissioner may hold hearings

82 Integrity Commissioner may hold hearings

Commissioner may hold hearings for investigations or public inquiries (1) The Integrity Commissioner may hold a hearing for the purpose of: (a) investigating a corruption issue; or (b) conducting a public inquiry. (1A) A hearing may be: (a) a pre‑charge hearing or a post‑charge hearing; or (b) a pre‑confiscation application hearing or a post‑confiscation application hearing. (1B) Without limiting its effect apart from this subsection, this Act also has the effect it would have if: (a) paragraph (1A)(a) were, by express provision, confined to pre‑charge hearings; or (b) paragraph (1B)(b) were, by express provision, confined to pre‑confiscation application hearings. (2) Subject to subsections (3), (4) and (5), a hearing may be conducted in such manner as the Integrity Commissioner thinks fit. Hearing in relation to an investigation of a corruption issue (3) The Integrity Commissioner may decide to hold the whole (or a part) of a hearing in relation to an investigation of a corruption issue either in public or in private. (4) In deciding under subsection (3) whether a hearing (or a part of a hearing) is to be held in public or in private, the Integrity Commissioner must have regard to the following: (a) whether evidence that may be given, or a matter that may arise, during the hearing (or that part of the hearing) is of a confidential nature or relates to the commission, or to the alleged or suspected commission, of an offence; (b) any unfair prejudice to a person’s reputation that would be likely to be caused if the hearing (or that part of the hearing) took place in public; (c) whether it is in the public interest that the hearing (or that part of the hearing) take place in public; (d) any other relevant matter.

Note: If the hearing is to be held in public, a witness may request that his or her evidence be taken in private: see section 89.

Hearing in relation to a public inquiry (5) A hearing in relation to a public inquiry must be held in public. However, a part of a hearing in relation to a public inquiry may be held in private if the Integrity Commissioner so directs.

Note: Certain evidence must be given in private, and a witness may request that his or her evidence be taken in private: see section 89.

Record of hearing (6) The Integrity Commissioner must make a record of a hearing. (7) If the Integrity Commissioner is conducting a public inquiry, the record of the hearing must include: (a) any document produced to the Integrity Commissioner at the hearing; or (b) a description of any thing (other than a document) produced to the Integrity Commissioner at the hearing; unless the Integrity Commissioner directs otherwise. Direction is not a legislative instrument (8) A direction given under this section is not a legislative instrument.