73Private and public hearings

#### 73 Private and public hearings Hearings to be held generally in private (1) A hearing must be held in private, unless the Commissioner decides to hold the hearing, or part of the hearing, in public. When hearing may be held in public (2) The Commissioner may decide to hold a hearing, or part of a hearing, in public if the Commissioner is satisfied that: (a) exceptional circumstances justify holding the hearing, or the part of the hearing, in public; and (b) it is in the public interest to do so. (3) In deciding whether to hold a hearing, or part of a hearing, in public, the Commissioner may have regard to the following: (a) the extent to which the corruption issue could involve corrupt conduct that is serious or systemic; (b) whether certain evidence is of a confidential nature or relates to the commission, or to the alleged or suspected commission, of an offence; (c) any unfair prejudice to a person’s reputation, privacy, safety or wellbeing that would be likely to be caused if the hearing, or the part of the hearing, were to be held in public; (d) whether a person giving evidence has a particular vulnerability, including that they are under the direct instruction or control of another person in a relative position of power; (e) the benefits of exposing corrupt conduct to the public, and making the public aware of corrupt conduct. (4) Subsection (3) does not limit the matters to which the Commissioner may have regard. Public hearings—Commissioner’s statements about witnesses (5) Before a witness gives evidence in public at a hearing, the Commissioner may, if the Commissioner thinks it appropriate, make a statement about one or more of the following: (a) whether the witness appears voluntarily or in response to a summons to attend the hearing; (b) whether or not conduct of the witness is the subject of the corruption investigation.