33Notices to witnesses

33 Notices to witnesses

(1)  The Commissioner may, by notice served on a person, require that person to appear before an inquiry to do either or both of the following:

(a) give evidence;

(b) produce to the Commissioner, or a person designated by the Commissioner, any document or thing in that person's possession or control which the Commissioner considers relevant to an inquiry.

(2)  The Commissioner must not require a person to give evidence about a matter if that person has been charged with an offence in respect of that matter.

(3)  Subsection (2) does not apply if the charge has been finally disposed of.

(4)  If the Commissioner considers it expedient to do so because of the distance a person resides from the place at which the Commissioner would otherwise require that person to attend to give evidence, or because of any other consideration, the Commissioner may appoint another person to take the evidence of that person and report that evidence to the Commissioner.

(5)  If a person required or directed to give evidence to the Commissioner is –

(a) a prisoner or detainee under the Corrections Act 1997 or the Youth Justice Act 1997 ; or

(b) a patient detained in an approved hospital under the Mental Health Act 2013 ; or

(c) a person who is subject to a restriction under the Criminal Justice (Mental Impairment) Act 1999  –

the notice requiring or directing the person to provide any information or explanation authorises and requires the Director of Corrective Services, the Secretary within the meaning of the Youth Justice Act 1997 , the controlling authority of the approved hospital or the responsible medical officer, within the meaning of the Criminal Justice (Mental Impairment) Act 1999 , to allow the person to provide that information or explanation to the Commissioner in accordance with the notice.