31Procedure at inquiries

##### 31 Procedure at inquiries (1) Subject to a direction given to the Commission by the Minister, the Commission shall hold an inquiry in public. (2) Where, at an inquiry held in public, a witness objects to giving in public evidence that the Commission is satisfied is of a confidential nature, the Commission may take that evidence in private if it considers that it is desirable to do so. (3) In an inquiry, the Commission may, if it thinks fit, permit a person appearing as a witness at the inquiry to give evidence by tendering, and verifying by oath or affirmation, a written statement and, where evidence is so given in an inquiry held in public, the Commission shall make available to the public in such manner as the Commission thinks fit the contents of the statement other than any matter: (a) that the person who gave the evidence objects to being made public; and (b) the evidence of which the Commission is satisfied would have been taken in private if that evidence had been given orally and the witness had objected to giving it in public. (4) In an inquiry, the Commission may, if it thinks fit, require or permit a person desiring to make a submission to the Commission to make the submission in writing and, where a submission is so made in an inquiry held in public, the Commission shall make available to the public in such manner as the Commission thinks fit the contents of the submission. (5) Subject to subsection (6), in an inquiry: (a) the procedure to be followed is within the discretion of the member presiding at the inquiry; and (b) the Commission is not bound by the rules of evidence. (6) Subsection (5) operates subject to this Act and: (a) in any case—subject to any direction given to the Commission by the Minister; and (b) in the case of an inquiry at which a member other than the Chairperson is presiding—subject to any direction given to that member by the Chairperson.