18PFurther provisions relating to appearances

18P Further provisions relating to appearances

(1) This section applies to a compulsory appearance and a voluntary appearance.

(2) Before the person appearing is asked any questions or required to produce any document, the presiding officer must—

(a) confirm the age of the person if the presiding officer considers that the person may be under the age of 18 years; and

(b) release the person from the appearance if the person—

(i) is under the age of 10 years; or

(ii) in the case of a compulsory appearance—is under the age of 16 years; and

(c) give the person a copy of the statement (if any) prescribed for the purposes of this subsection; and

(d) inform a legal practitioner who is representing the person of—

(i) any non-disclosure requirements that apply under this Act; and

(ii) in the case of an investigation on a public interest complaint, the confidentiality requirements under Part 7 of the Public Interest Disclosures Act 2012; and

(e) in the case of a voluntary appearance, inform the person that—

(i) the person's participation is voluntary and the person may leave at any time; and

(ii) the person cannot be compelled to answer any question or provide any document; and

S. 18P(2)(e)(iii) inserted by No. 31/2024 s. 91(a).

(iii) the person is not required to take an oath or make an affirmation; and

(f) take any other actions prescribed for the purposes of this subsection.

(3) In an investigation on a public interest complaint, before the person appearing is asked any questions or required to produce any document, the presiding officer must—

(a) advise the person that the person may be subject to further confidentiality obligations under Part 7 of the Public Interest Disclosures Act 2012; and

(b) advise the person of the nature of those requirements.

(4) The presiding officer must immediately release a person from an appearance if, at any time during the appearance, the presiding officer becomes aware that the person appearing—

(a) is under the age of 10 years; or

(b) in the case of a compulsory appearance—is under the age of 16 years.

(5) The presiding officer must immediately release a person from a voluntary appearance if, at any time during the appearance, the person advises the presiding officer that the person—

(a) wants to leave the appearance; or

S. 18P(5)(b) substituted by No. 31/2024 s. 91(b).

(b) does not want to answer any further questions; or