86Who may be present at a hearing

86 Who may be present at a hearing

Who may be present (1) The Integrity Commissioner may determine who may be present during all or part of a hearing held in private. (2) The Integrity Commissioner must allow the following persons to be present when evidence is being given: (a) a legal practitioner representing the person giving evidence; (b) a legal practitioner representing a person who: (i) is not giving evidence; but (ii) has the Integrity Commissioner’s consent to being present at that time. Opportunity to comment on a person’s presence (3) If: (a) a witness is giving evidence at a hearing; and (b) another person is present at the hearing at that time; and (c) the other person is not: (i) a staff member of ACLEI; or (ii) a legal practitioner representing a person at the hearing; the Integrity Commissioner must: (d) inform the witness that the person is present; and (e) give the witness an opportunity to comment on the person’s presence. (4) To avoid doubt, a person is still entitled to be present during all or part of the hearing even if: (a) the Integrity Commissioner fails to comply with subsection (3); or (b) a witness comments adversely on the person’s presence under paragraph (3)(e). Offence (5) A person commits an offence if: (a) the person is present while evidence is being given in private at a hearing; and (b) the person is none of the following: (i) the person giving evidence; (ii) a person whom the Integrity Commissioner must, under subsection (2), allow to be present while the evidence is being given; (iii) a person who may be present at the hearing in accordance with a determination under subsection (1).

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Determination of who may be present not a legislative instrument (6) If the determination of who may be present at a hearing is made in writing, the determination is not a legislative instrument.