24FCInterviews

24FC Interviews

Conduct of interview (1) If a person (the interviewee) is required under section 24F to attend an interview with an investigating Commissioner or review panel, the interview must take place in private. (2) The Commissioner or panel may conduct the interview in such manner as the Commissioner or panel thinks fit. (3) Subject to subsection (8), the following are entitled to be present at the interview: (a) a support person for the interviewee; (b) a legal practitioner engaged by the interviewee.

Note: A support person for the interviewee may be approved under subsection (4) of this section or subsection 24FI(2) (see the definition of that term in section 5).

Support persons (4) On application by the interviewee, the Commissioner or panel must, in writing, approve a person as a support person for the interviewee if satisfied that the presence of the person at the interview would not prejudice any process, or any action, taken in accordance with Division 3 or 4. (5) An approval under subsection (4) is not a legislative instrument. Legal practitioners (6) If a legal practitioner engaged by the interviewee is present during the interview, the Commissioner or panel must: (a) allow the interviewee to consult with the legal practitioner in private and provide reasonable facilities for that consultation; and (b) allow the legal practitioner to give advice to the interviewee. Directions about conduct that unreasonably interferes with interview (7) If: (a) a person mentioned in subsection (3) is present during the interview; and (b) the Commissioner or panel is of the opinion that the person is engaging in conduct that unreasonably interferes with the interview; the Commissioner or panel may direct the person to cease engaging in the conduct. (8) A person who fails to comply with a direction under subsection (7) is no longer entitled to be present during the interview.