26Allegations of misconduct

26 Allegations of misconduct

(1)  In this section –

misconduct means conduct by a person that could reasonably be considered likely to result in a criminal charge, civil liability, disciplinary proceedings, or other legal proceedings, being brought against that person in respect of the conduct.

(2)  If the Commissioner is satisfied that –

(a) an allegation of misconduct involving a person has been or should be made in an inquiry; and

(b) that person should be required, or is likely to be required, to give evidence in the inquiry in relation to the allegation –

the Commissioner must give that person notice of –

(c) the allegation; and

(d) the substance of the evidence, or nature and substance of anticipated evidence, supporting the allegation.

(3)  A notice under subsection (2) is to be given to a person within a reasonable period, to be not less than 48 hours, before the person is called to give evidence in relation to the allegation.

(4)  Subsection (3) does not apply in respect of a person given a notice under subsection (2) if –

(a) the allegation specified in the notice relates to misconduct by the person in respect of the giving, or presentation, of evidence in the inquiry; or

(b) the person waives the reasonable period, referred to in subsection (3) , in respect of the allegation specified in the notice.

(5)  A person who receives notice of an allegation of misconduct may respond to that allegation by doing all or any of the following:

(a) making oral or written submissions to the Commissioner;

(b) giving evidence to the Commissioner to contradict or explain the allegation or evidence, including the giving of oral evidence under examination by the person's counsel;

(c) cross-examining the person making the statement constituting the allegation or evidence;