This Act sets out how Royal Commissions operate: giving commissioners power to compel attendance, sworn evidence and documents, retain or copy material, and share relevant information with other inquiries or law enforcement. Chairs can restrict publication or hold private sessions, and commissioners have judicial‑style immunity.
It creates criminal penalties for non‑compliance or false evidence, allocates costs and allowances to the State, and concentrates significant discretion in the Governor and presiding commissioner—affecting witnesses, organisations required to produce material, and public transparency.
The Royal Commissions Act 1923 establishes the statutory machinery by which the Governor of New South Wales may constitute commissions of inquiry and regulates the manner in which those commissions conduct their work. At its core the Act applies whenever the Governor issues letters patent under the Public Seal creating a commission to inquire into any matter (s 5(1)). Once engaged, the statute supplies a suite of procedural, evidentiary and coercive powers that transform what would otherwise be an administrative inquiry into a body possessing many of the attributes of a superior court.
The Act is divided into three Parts. Part 1 contains the short title, definitions and the now-repealed sections. The key definition in s 4 makes clear that “Commission” and “Royal Commission” mean any commission of inquiry issued by the Governor by letters patent, including a sole commissioner. “Document” is defined expansively to capture any book, register or other record of information however stored. “Reasonable excuse” is tied to the excuse that would be accepted in ordinary court proceedings.
Part 2 is the operational heart of the statute. Division 1 applies to all commissions. It confers upon the chairperson or sole commissioner the power to summon any person to attend, give evidence and produce documents or things (s 8). Commissioners may administer oaths or affirmations (s 9). Witnesses must continue to attend from day to day until released (s 10). The commission may inspect, retain, copy or extract from produced documents (s 12(1)) and may authorise staff to inspect and report on them (s 12(2)). Once the commission no longer needs a document it must generally return it on request (s 12(3)), subject to exceptions where the document is to be furnished to another body under s 12A or dealt with according to law (s 12(4)).
Current sections
Direct links to the current provisions in Royal Commissions Act 1923.
Commission and Royal Commission means any commission of inquiry issued by the Governor by letters patent under the Public Seal, and includes a sole commissioner or a member or members of the commission sitting for the purposes of the inquiry.
Document includes any book, register or other record of information, however compiled, recorded or stored.
Reasonable excuse in relation to any act or omission by a witness or a person summoned as a witness before a commission means an excuse which would excuse an act or omission of a similar nature by a witness or a person summoned as a witness before a court of law.
s 4: Am 1985 No 73, Sch 1 (1); 1987 No 151, Sch 1 (2); 2013 No 11, Sch 1 [1].
Part 2
Commissions
Part 2 Commissions
Part 2 Commissions
Division 1
Commissions generally
Division 1 Commissions generally
Division 1 Commissions generally
5
Commissioners
5 Commissioners
5 Commissioners
(1) Whenever the Governor by letters patent under the Public Seal issues a Royal Commission to any person to make any inquiry, the provisions of this Act shall apply to and with respect to the inquiry.
(2) In this Division chairperson means the chairperson of a commission, and includes (except in section 5A):
(a) a deputy chairperson of a commission appointed by the letters patent or chosen by the other commissioners in accordance with the letters patent to act in the absence of the chairperson, and
(b) a member of a commission acting in accordance with an authorisation under section 5A (3).
(3) In this Division commissioner includes any person to whom a commission is issued, whether as chairperson or as a member other than the chairperson, or as sole commissioner.
s 5: Am 1987 No 151, Sch 1 (3); 2013 No 11, Sch 1 [2].
5A
Commissioners authorised to sit for purposes of any part of inquiry
5A Commissioners authorised to sit for purposes of any part of inquiry
5A Commissioners authorised to sit for purposes of any part of inquiry
(1) A commissioner may sit for the purposes of any part of an inquiry if:
(a) the commissioner is a sole commissioner, or
(b) all the members, or a quorum of the members, of the commission are sitting for the purposes of that part of the inquiry, or
(c) the commissioner is the chairperson of the commission, or
(d) the commissioner is a member of the commission authorised by the chairperson to sit for the purposes of that part of the inquiry.
(2) More than one member may be authorised under subsection (1) (d) by the chairperson to sit for the purposes of a part of the inquiry, in which case the member designated by the chairperson is to preside.
(3) A member authorised under subsection (1) (d) or, if there is more than one member so authorised, the designated presiding member is authorised to exercise the powers of the chairperson of the commission under the other sections of this Division (unless the authorisation under subsection (1) (d) provides otherwise).
(4) If a member is authorised under subsection (1) (d), commissioners may sit concurrently for the purposes of an inquiry.
s 5A: Ins 2013 No 11, Sch 1 [3].
6
Protection of commissioners
6 Protection of commissioners
6 Protection of commissioners
Every commissioner shall in the exercise of the commissioner’s duty as a commissioner have the same protection and immunity as a judge of the Supreme Court.
s 6: Am 1994 No 32, Sch 3.
7
Right of appearance
7 Right of appearance
7 Right of appearance
(1) Any counsel or solicitor appointed by the Crown to assist the commission may appear at the inquiry.
(2) Where it is shown to the satisfaction of the chairperson, or of the sole commissioner, as the case may be, that any person is substantially and directly interested in any subject-matter of the inquiry, or that the person’s conduct in relation to any such matter has been challenged to the person’s detriment, the chairperson or sole commissioner may authorise such person to appear at the inquiry, and may allow the person to be represented by counsel or solicitor.
(3) Any counsel or solicitor so appointed and any person so authorised or the person’s counsel or solicitor may with the leave of the chairperson or of the sole commissioner, as the case may be, examine or cross-examine any witness on any matter which the commissioner deems relevant to the inquiry, and any witness so examined or cross-examined shall have the same protection and be subject to the same liabilities as if examined by the commissioner.
s 7: Am 1994 No 32, Sch 3.
8
Witnesses
8 Witnesses
8 Witnesses
The chairperson or the sole commissioner, as the case may be, may by notice in writing summon any person to attend the commission at a time and place named in the summons, and then and there to give evidence and to produce any documents or other things in the person’s custody or control which the person is required by the summons to produce.
s 8: Am 1985 No 73, Sch 1 (2); 1994 No 32, Sch 3.
9
Oath or affirmation
9 Oath or affirmation
9 Oath or affirmation
(1) Any of the commissioners may administer an oath to any person appearing as a witness before the commission, whether the witness has been summoned or appears without being summoned, and may examine the witness upon oath.
(2) Where any witness to be examined before the commission conscientiously objects to take an oath the witness may make an affirmation that the witness conscientiously objects to take an oath, and that the witness will state the truth, the whole truth and nothing but the truth, to all questions that may be put to the witness.
(3) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities as an oath.
s 9: Am 1994 No 32, Sch 3.
10
Continued attendance
10 Continued attendance
10 Continued attendance
Every witness who has been summoned to attend the commission shall appear and report from day to day unless the witness is excused from attendance or until the witness is released from further attendance by the chairperson or by the sole commissioner, as the case may be.
s 10: Am 1994 No 32, Sch 3.
11
Answers and documents
11 Answers and documents
11 Answers and documents
(1) A witness summoned to attend or appearing before the commission shall not be entitled, except as otherwise provided in this section and section 127 (Religious confessions) of the Evidence Act 1995, to refuse:
(a) to be sworn or to make an affirmation,
(b) to answer any question relevant to the inquiry put to the witness by any of the commissioners,
(c) to produce any document or other thing in the witness’s custody or control which the witness is required by the summons to produce.
(2) Nothing in this section shall make it compulsory for any witness:
(a) to answer any question or produce any document or other thing if the witness has a reasonable excuse for refusing,
(b) to disclose any secret process of manufacture.
(3) A witness summoned to attend or appearing before the commission shall have the same protection, and shall in addition to the penalties provided by this Act be subject to the same liabilities in any civil or criminal proceeding as a witness in any case tried in the Supreme Court.
(4) If a commission obtains for the purposes of the inquiry any document or other thing or any information that is provided voluntarily by a person, subsection (3) applies to the person as if the person were a witness appearing before the commission.
s 11: Am 1985 No 73, Sch 1 (3); 1994 No 32, Sch 3; 1995 No 27, Sch 1; 2013 No 11, Sch 1 [4].
12
Inspection and copies of documents
12 Inspection and copies of documents
12 Inspection and copies of documents
(1) The commission may inspect any documents or other things produced before it, and may retain them for such reasonable period as it thinks fit, and, in the case of documents produced before it, may make copies of such matter as is relevant to the inquiry or take extracts from them.
(2) The commission may employ such assistance as it deems proper for the carrying out of any inquiry or investigation, and may by writing authorise any person so employed to inspect and report to it upon any documents or other things, or (without affecting the generality of the foregoing) any accounts, it considers relevant to the subject matter of the inquiry.
(3) When the retention of a document or other thing ceases to be reasonably necessary for the purposes of the inquiry to which it relates, the commission is required, if a person who appears to the commission to be entitled to the document or other thing so requests, to cause it to be delivered to that person.
(4) The requirement under subsection (3) does not apply if the commission has furnished the document or other thing or proposes to furnish it to a person or body referred to in section 12A or the commission deals with it or proposes to deal with it otherwise according to law.
s 12: Am 1934 No 8, sec 2 (a); 1985 No 73, Sch 1 (4); 1991 No 58, Sch 1 (1).
12A
Communication of information etc
12A Communication of information etc
12A Communication of information etc
(1) A commission may communicate any information or furnish any material (including evidence) that it obtains in the course of the inquiry conducted by it to a Commission of Inquiry, if the information or material relates or may relate to matters within the terms of reference of the Commission of Inquiry.
(2) A commission may communicate any information or furnish any material (including evidence) that it obtains in the course of the inquiry conducted by it to a law enforcement agency, if the information or material relates or may relate to a breach of a law of the State, of another State or Territory or of the Commonwealth.
(3) In this section:
Commission of Inquiry means a person or body holding a commission to inquire into and report on any matters and having:
(a) powers under this Act, or
(b) powers under another law of the State or under a law of another State or Territory or of the Commonwealth, being in either case a law that has the same or a similar purpose or effect as this Act (such as the Royal Commissions Act 1902 of the Commonwealth).
law enforcement agency means a person or body with responsibilities for the enforcement of laws of the State, of another State or Territory or of the Commonwealth, including but not limited to any of the following:
(a) the Attorney General of New South Wales, of another State or Territory or of the Commonwealth,
(b) the Director of Public Prosecutions of New South Wales, of another State or Territory or of the Commonwealth,
(c) the Commissioner of Police of New South Wales or the holder of a similar position in another State or Territory,
(d) the Commissioner of Police in the Australian Federal Police,
(e) the New South Wales Crime Commission,
(f) the Independent Commission Against Corruption,
(g) the Australian Crime Commission,
(h) the Trade Practices Commission,
(i) the Australian Securities Commission,
(j) a task force set up to investigate any matters relating to breaches of law and arising out of the inquiry conducted by the commission.
(4) The reference in this section to a task force is limited to a State task force or a joint task force. A State task force is one set up by the State or an authority of the State. A joint task force is one set up jointly by the State or an authority of the State and by one or more other Australian jurisdictions or their authorities. An Australian jurisdiction is a State or Territory or the Commonwealth. Subject to the above provisions of this subsection, the expression “task force” includes a body of persons that is similar to a task force, however it is described.
(5) Nothing in this section derogates from or affects any powers a commission has apart from this section, and it is not to be construed as limiting in any way any such power by implication or otherwise.
s 12A: Ins 1991 No 58, Sch 1 (2). Am 2003 No 13, Sch 1.30.
12B
Direction as to non-publication or that part of inquiry to be held in private
12B Direction as to non-publication or that part of inquiry to be held in private
12B Direction as to non-publication or that part of inquiry to be held in private
(1) A commissioner may give directions preventing or restricting the publication of evidence or information given, or of matters in documents produced, to or before the commission.
(2) A commissioner may direct that any part of an inquiry is to take place in private.
(3) If a commissioner directs that any part of an inquiry is to take place in private, the commissioner may give directions as to the persons who may be present at that part of the inquiry.
(4) In this section, commissioner means the chairperson or sole commissioner, as the case may be.
s 12B: Ins 2013 No 65, Sch 1 [1].
13
Allowance to witnesses
13 Allowance to witnesses
13 Allowance to witnesses
(1) The Governor may make regulations prescribing a scale of allowances to be paid to any witness summoned under this Act for the witness’s travelling expenses and maintenance while absent from the witness’s usual place of abode.
(2) The claim to allowance of any such witness certified by the chairperson or by the sole commissioner, as the case may be, shall be paid by the Colonial Treasurer out of moneys to be provided by Parliament for the purposes of the commission.
s 13: Am 1994 No 32, Sch 3.
14
Application of provisions of Act
14 Application of provisions of Act
14 Application of provisions of Act
If in the letters patent by which a commission is issued the Governor declares that all or any specified sections of this Act shall not be applicable for the purposes of the inquiry referred to in the letters patent the sections or the specified sections, as the case may be, shall not apply to or with respect to the inquiry.
14A
14A
14A (Repealed)
14B
Release of reports when Parliament not sitting
14B Release of reports when Parliament not sitting
14B Release of reports when Parliament not sitting
(1) If neither House of Parliament is sitting, the Minister may present to the Clerks of both Houses a report made by a commission.
(2) When the report has been presented to and received by the Clerks:
(a) the report is for all purposes to be taken to have been laid before each House and to be a document published by order or under the authority of each House, and
(b) without limiting paragraph (a), the report attracts the same privileges and immunities as if it had been laid before each House and published by order or under the authority of each House, and
(c) the report may be printed by the authority of either or both of the Clerks.
(3) Material may be omitted from such a report before its presentation to the Clerks of both Houses, on the recommendation of the commission or otherwise.
(4) The report is required to be recorded in the Minutes of Proceedings or Votes and Proceedings of the House on the first sitting day after it was presented to and received by the Clerk of the House.
(5) This section does not have effect in relation to a report of a person or body to whom some or all of the provisions of this Act are applied by other legislation enacted before the commencement of this section, unless and until the other legislation expressly provides that this section applies to the person or body.
s 14B: Ins 1990 No 58, Sch 1 (1).
Division 2
Special powers
Division 2 Special powers
Division 2 Special powers
pt 2, div 2, hdg: Subst 1987 No 151, Sch 1 (4); 1990 No 58, Sch 1 (2).
15
Application of Division
15 Application of Division
15 Application of Division
(1) The provisions of this Division have effect if the chairperson of a commission or the sole commissioner is a qualified person, namely:
(a) a Judge of the Supreme Court of the State or of any other State or Territory, a Judge of the Federal Court of Australia or a Justice of the High Court of Australia, or
(b) a former Judge or Justice of any such court, or
(c) a person qualified to be appointed as a Judge or Justice of any such court (but only if in the letters patent by which the commission is issued, or in other letters patent under the Public Seal, the Governor declares that this Division has effect in relation to the commission).
(2) In this Division, commissioner means a chairperson or sole commissioner who is such a qualified person, and also includes a member of a commission who is such a qualified person and who has been authorised by the chairperson to exercise powers under this Division (but only if the chairperson is also such a qualified person).
s 15: Am 1987 No 151, Sch 1 (5); 1990 No 58, Sch 1 (3); 1993 No 87, Sch 5. Subst 2013 No 11, Sch 1 [5].
16
Warrant
16 Warrant
16 Warrant
(1) If any person served with a summons to attend a commission as a witness fails to attend the commission in answer to the summons, the commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the witness’s apprehension.
(2) The warrant shall authorise the apprehension of the witness and the witness’s being brought before the commission and the witness’s detention and custody for that purpose until the witness is released by order of the commissioner.
(3) The apprehension of any witness under this section shall not relieve the witness from any liability incurred by the witness by reason of the witness’s non-compliance with the summons.
s 16: Am 1994 No 32, Sch 3.
17
Answers and documents
17 Answers and documents
17 Answers and documents
(1) A witness summoned to attend or appearing before the commission shall not be excused from answering any question or producing any document or other thing on the ground that the answer or production may criminate or tend to criminate the witness, or on the ground of privilege, or on the ground of a duty of secrecy or other restriction on disclosure, or on any other ground.
(1A) Subsection (1) prevails over any inconsistent provision of any other Act or law (whether the inconsistent provision is made before or after the commencement of this subsection) unless the inconsistent provision specifically states that it is to have effect despite this section.
(2) An answer made, or document or other thing produced by a witness to or before the commission shall not, except as otherwise provided in this section, be admissible in evidence against that person in any civil or criminal proceedings.
(3) Nothing in this section shall be deemed to render inadmissible:
(a) any answer, document or other thing in proceedings for an offence against this Act,
(b) any answer, document or other thing in any civil or criminal proceedings if the witness was willing to give the answer or produce the document or other thing irrespective of the provisions of subsection (1),
(c) any book, document, or writing in civil proceedings for or in respect of any right or liability conferred or imposed by the document or other thing.
(4) This section shall not have effect unless in the letters patent by which the commission is issued, or in other letters patent under the Public Seal, the Governor declares that the section shall apply to and with respect to the inquiry.
(5) A declaration under section 15 that the provisions of this Division are to have effect is not sufficient to apply this section unless the declaration specifically states that this section shall apply to and with respect to the inquiry.
s 17: Am 1985 No 73, Sch 1 (5); 1987 No 151, Sch 1 (6); 1990 No 58, Sch 1 (4); 1994 No 32, Sch 3; 2013 No 65, Sch 1 [2] [3].
18
Powers of commissioner
18 Powers of commissioner
18 Powers of commissioner
(1) For the purposes of the inquiry the commissioner shall have all such powers, rights, and privileges as are vested in the Supreme Court or in any judge thereof in or in relation to any action or trial, in respect of the following matters:
(a) compelling the attendance of witnesses,
(b) compelling witnesses to answer questions which the commissioner deems to be relevant to the inquiry,
(c) compelling the production of documents and other things.
(d) (Repealed)
(2) Nothing in this or any other section of this Division shall limit the powers, rights, and privileges of the commissioner under any other provision of this Act.
s 18: Am 1985 No 73, Sch 1 (6); 1990 No 58, Sch 1 (5).
18A
Contempt
18A Contempt
18A Contempt
(1) A person is guilty of contempt of a commission if the person does or omits to do anything which would, if the commission were the Supreme Court, be contempt of that Court or if the person disobeys any order or summons made or issued by the commissioner.
(2) For the purposes of this Division, offender means a person guilty or alleged to be guilty of contempt of a commission.
ss 18A–18D: Ins 1990 No 58, Sch 1 (6).
18B
Punishment of contempt
18B Punishment of contempt
18B Punishment of contempt
(1) A contempt of a commission may be punished in accordance with this section.
(2) The commissioner may present to the Supreme Court a certificate setting out the details which the commissioner considers constitute the contempt.
(3) If the commissioner presents such a certificate to the Supreme Court:
(a) the Supreme Court shall thereupon inquire into the alleged contempt, and
(b) after hearing any witnesses who may be produced against or on behalf of the person charged with the contempt, and after hearing any statement that may be offered in defence, the Supreme Court (if satisfied that the person is guilty of the contempt) may punish or take steps for the punishment of the person in like manner and to the like extent as if the person had committed that contempt in or in relation to proceedings in the Supreme Court, and
(c) the provisions of the Supreme Court Act 1970 and the rules of court of the Supreme Court shall, with any necessary adaptations, apply and extend accordingly.
(4) Such a certificate is prima facie evidence of the matters certified.
(5) Neither liability to be punished nor punishment under this section for contempt consisting of failure to attend before the commission as a witness in obedience to a summons excuses the offender from such attendance, and the commissioner may enforce attendance by warrant under section 16 or by exercise of any other available power.
(6) A contempt of a commission may not be punished by a commissioner under section 18.
ss 18A–18D: Ins 1990 No 58, Sch 1 (6).
18C
General provisions regarding contempt
18C General provisions regarding contempt
18C General provisions regarding contempt
(1) In the case of any alleged contempt of a commission, the commissioner may summon the offender to appear before the commission at a time and place named in the summons to show cause why the offender should not be dealt with under section 18B for the contempt.
(2) If the offender fails to attend before the commission in obedience to the summons, and no reasonable explanation to the satisfaction of the commissioner is offered for the failure, the commissioner may, on proof of the service of the summons, issue a warrant to arrest the offender and bring the offender before the commissioner to show cause why the offender should not be dealt with under section 18B for the contempt.
(3) If a contempt of the commission is committed in the face or hearing of the commission, no summons need be issued against the offender, but the offender may be taken into custody then and there by a police officer and called upon to show cause why the offender should not be dealt with under section 18B for the contempt.
(4) The commissioner may issue a warrant to arrest the offender while the offender (whether or not already in custody under this section) is before the commission and to bring the offender forthwith before the Supreme Court.
(5) The warrant is sufficient authority to detain the offender in a prison or elsewhere, pending the offender’s being brought before the Supreme Court.
(6) The warrant is to be accompanied by the certificate in which the commissioner sets out the details of the alleged contempt.
(7) The commissioner may revoke the warrant at any time before the offender is brought before the Supreme Court.
(8) When the offender is brought before the Supreme Court, the Court may, pending determination of the matter, direct that the offender be kept in such custody as the Court may determine or direct that the offender be released.
ss 18A–18D: Ins 1990 No 58, Sch 1 (6).
18D
Act or omission that is both an offence and contempt
18D Act or omission that is both an offence and contempt
18D Act or omission that is both an offence and contempt
(1) An act or omission may be punished as a contempt of a commission even though it could be punished as an offence.
(2) An act or omission may be punished as an offence even though it could be punished as a contempt of a commission.
(3) If an act or omission constitutes both an offence and a contempt of a commission, the offender is not liable to be punished twice.
ss 18A–18D: Ins 1990 No 58, Sch 1 (6).
Part 3
Offences
Part 3 Offences
Part 3 Offences
19
Failure to attend or produce documents or other things
19 Failure to attend or produce documents or other things
19 Failure to attend or produce documents or other things
(1) If any person served with a summons to attend a commission, whether the summons is served personally or by being left at the person’s usual place of abode, fails without reasonable excuse to attend the commission or to produce any documents or other things in the person’s custody or control which the person was required by the summons to produce, the person shall be guilty of an offence, and shall be liable to a penalty not exceeding 4 penalty units.
(2) It shall be a defence to a prosecution under this section for failing without reasonable excuse to produce any documents or other things if the defendant proves that the documents or other things were not relevant to the inquiry.
s 19: Am 1985 No 73, Sch 1 (7); 1993 No 47, Sch 1; 1994 No 32, Sch 3.
20
Refusal to be sworn or to give evidence
20 Refusal to be sworn or to give evidence
20 Refusal to be sworn or to give evidence
If any person appearing as a witness before the commission refuses to be sworn or to make an affirmation or to answer any question relevant to the inquiry put to the person by any of the commissioners, the person shall be guilty of an offence, and shall be liable to a penalty not exceeding 4 penalty units.
s 20: Am 1993 No 47, Sch 1; 1994 No 32, Sch 3.
21
False and misleading testimony
21 False and misleading testimony
21 False and misleading testimony
(1) Any witness before a commission who gives testimony that is false or misleading in a material particular knowing it to be false or misleading, or not believing it to be true, is guilty of an indictable offence.
Maximum penalty: Imprisonment for 5 years.
(2) Sections 331 and 332 of the Crimes Act 1900 apply to proceedings for an offence against this section in the same way as they apply to proceedings for an offence under section 330 of that Act.
s 21: Subst 2006 No 120, Sch 1.26.
22
Subornation
22 Subornation
22 Subornation
Any person who procures or causes or attempts or conspires to procure or cause the giving of false testimony before a commission shall be guilty of an indictable offence, and shall be liable to be imprisoned for a period not exceeding five years.
23
Destroying documents or other things
23 Destroying documents or other things
23 Destroying documents or other things
Any person who, knowing that any document or other thing is or may be required in evidence before a commission, wilfully destroys it or renders it incapable of identification or, in the case of a document, renders it illegible or undecipherable, with intent thereby to prevent it from being used in evidence, shall be guilty of an indictable offence, and shall be liable to be imprisoned for a period not exceeding two years.
s 23: Am 1985 No 73, Sch 1 (8).
23A
Delaying and obstructing commission
23A Delaying and obstructing commission
23A Delaying and obstructing commission
(1) Any person who, with intent to delay or obstruct the carrying out by a commission appointed under this Act of any inquiry, destroys or alters any document or other thing relating to the subject matter of the inquiry, or sends or attempts to send, or conspires with any other person to send out of New South Wales any such document or other thing, or any property of any description belonging to or in the disposition of or under the control of any person or company whose affairs are the subject matter of the inquiry, shall be guilty of an indictable offence, and shall be liable to be imprisoned for a period not exceeding five years.
(2) If in any prosecution for an offence against this section it is proved that the person charged with the offence has destroyed or altered any document or other thing, or has sent or attempted to send, or conspired to send out of New South Wales any such document or other thing, the onus of proving that in so doing the person had not acted in contravention of this section shall be upon the person.
s 23A: Ins 1934 No 8, sec 2 (b). Am 1985 No 73, Sch 1 (9); 1994 No 32, Sch 3.
23B
Contravention of direction as to non-publication or that part of inquiry to be held in private
23B Contravention of direction as to non-publication or that part of inquiry to be held in private
23B Contravention of direction as to non-publication or that part of inquiry to be held in private
A person who contravenes a direction given under section 12B commits an offence.
Maximum penalty: 10 penalty units.
s 23B: Ins 2013 No 65, Sch 1 [4].
Sch: Rep 1987 No 151, Sch 1 (7).
24
Costs
24 Costs
24 Costs
In any proceedings for an offence against this Act, other than proceedings for the commitment for trial of a person charged with an indictable offence, the court may award costs against any party.
Schedule 1
Savings and transitional provisions
Schedule 1 Savings and transitional provisions
Schedule 1 Savings and transitional provisions
sch 1: Ins 2013 No 11, Sch 1 [6]. Am 2013 No 65, Sch 1 [5].
3
Royal Commissions and Ombudsman Legislation Amendment Act 2013
3 Royal Commissions and Ombudsman Legislation Amendment Act 2013
(2) The declaration of the Governor in the Letters Patent of 25 January 2013 that section 17 of this Act applies to the Child Sexual Abuse Royal Commission is taken to be a declaration that amended section 17 applies to that Commission.
(3) Any person who, prior to the commencement of amended section 17, answered any questions or produced any document or other thing to the Child Sexual Abuse Royal Commission is taken to have been compelled to do so in accordance with amended section 17.
(4) Any preconditions to answering the questions or producing the document (or any information contained in the document) or other thing are taken to have been complied with.
Child Sexual Abuse Royal Commission has the same meaning as in clause 2.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Royal Commissions Act 1923.
2
2, 3 (Repealed)
2
s 2: Rep 1987 No 151, Sch 1 (1).
s 3: Rep 1987 No 151, Sch 1 (1).
4 Definitions
4 Definitions
4 Definitions
In this Act, unless a contrary intention appears:
Commission and Royal Commission means any commission of inquiry issued by the Governor by letters patent under the Public Seal, and includes a sole commissioner or a member or members of the commission sitting for the purposes of the inquiry.
Document includes any book, register or other record of information, however compiled, recorded or stored.
Reasonable excuse in relation to any act or omission by a witness or a person summoned as a witness before a commission means an excuse which would excuse an act or omission of a similar nature by a witness or a person summoned as a witness before a court of law.
s 4: Am 1985 No 73, Sch 1 (1); 1987 No 151, Sch 1 (2); 2013 No 11, Sch 1 [1].
Part 2 Commissions
Part 2 Commissions
Part 2 Commissions
Division 1 Commissions generally
Division 1 Commissions generally
Division 1 Commissions generally
5 Commissioners
5 Commissioners
5 Commissioners
(1) Whenever the Governor by letters patent under the Public Seal issues a Royal Commission to any person to make any inquiry, the provisions of this Act shall apply to and with respect to the inquiry.
(2) In this Division chairperson means the chairperson of a commission, and includes (except in section 5A):
(a) a deputy chairperson of a commission appointed by the letters patent or chosen by the other commissioners in accordance with the letters patent to act in the absence of the chairperson, and
(b) a member of a commission acting in accordance with an authorisation under section 5A (3).
A commission may communicate information or evidence to another Commission of Inquiry or to a law enforcement agency where the material relates or may relate to that body’s functions (s 12A(1)–(2)). The definitions of “Commission of Inquiry” and “law enforcement agency” are deliberately wide, capturing bodies with analogous coercive powers in other Australian jurisdictions and a long list of investigative agencies including the Independent Commission Against Corruption, the Australian Crime Commission and task forces (s 12A(3)–(4)). Nothing in s 12A limits any other power the commission may possess (s 12A(5)).
Since 2013 a commissioner may give directions preventing or restricting publication of evidence or may direct that part of an inquiry be held in private and stipulate who may be present (s 12B). Interested persons may be granted leave to appear and to examine or cross-examine witnesses (s 7). Commissioners themselves enjoy the same protection and immunity as a Supreme Court judge (s 6).
Division 2 confers additional powers but only where the chairperson or sole commissioner is a qualified person—essentially a current or former judge or a person qualified for judicial appointment where the letters patent expressly declare that Division 2 applies (s 15). In those circumstances the commissioner may issue a warrant for the arrest of a witness who fails to attend (s 16), is relieved of the privilege against self-incrimination and other privileges (s 17(1)), and possesses the full panoply of Supreme Court powers in relation to compelling attendance, answers and production (s 18(1)). A comprehensive contempt regime was inserted in 1990 (ss 18A–18D). Contempt of a commission is defined by reference to what would constitute contempt of the Supreme Court or disobedience of a summons or order (s 18A). The commissioner may certify the contempt to the Supreme Court, which then inquires into the matter and may punish it as if it had occurred in its own proceedings (s 18B). Procedural machinery for summoning, arresting and bringing contemnors before the Court is set out in s 18C. An act may be punished as either contempt or offence but not both (s 18D).
Part 3 creates a series of criminal offences. Failure without reasonable excuse to attend or produce documents carries a maximum of 4 penalty units (s 19). Refusal to be sworn or to answer relevant questions is likewise punishable by 4 penalty units (s 20). Giving false or misleading testimony knowing it to be so is an indictable offence carrying 5 years’ imprisonment (s 21). Subornation of perjury before a commission (s 22), wilful destruction of evidence (s 23), and delaying or obstructing an inquiry by destroying or removing documents or property (s 23A) are all indictable. Contravention of a non-publication direction attracts 10 penalty units (s 23B). The Act also contains machinery for the release of reports when Parliament is not sitting (s 14B) and savings and transitional provisions that extend certain 2013 amendments to the Child Sexual Abuse Royal Commission and related inquiries (Schedule 1).
In short, the Act does three things: it supplies the procedural skeleton for royal commissions, it equips them with coercive and investigative powers that can override ordinary privileges when expressly invoked, and it creates a criminal and contempt framework to enforce compliance.
Who it affects
The legislation affects four principal classes of person and entity.
First, the commissioners themselves. Every commissioner obtains the protection and immunity of a Supreme Court judge while performing duties under the Act (s 6). Where the commissioner is a qualified judicial officer, additional powers under Division 2 become available. The chairperson (or sole commissioner) is the repository of most procedural discretions: authorising appearance (s 7(2)), issuing summonses (s 8), administering oaths (s 9), releasing witnesses (s 10), issuing non-publication directions (s 12B), and certifying contempt (s 18B).
Second, witnesses and persons summoned as witnesses. The Act imposes onerous obligations. A summoned person must attend from day to day (s 10), be sworn or affirmed (s 9), answer relevant questions (s 11(1)), and produce required documents unless a reasonable excuse exists (s 11(2)). Where s 17 has been expressly activated, the privilege against self-incrimination, claims of privilege, duties of secrecy and other restrictions are removed (s 17(1)). Witnesses receive the same protection as witnesses in Supreme Court proceedings and, if they provide information voluntarily, are treated as though they appeared under compulsion (s 11(3)–(4)). They are also exposed to the suite of Part 3 offences and to contempt proceedings.
Third, persons “substantially and directly interested” in the subject-matter of the inquiry or whose conduct has been challenged to their detriment. Such persons may be authorised by the chairperson to appear, to be represented by counsel, and to examine or cross-examine witnesses (s 7(2)–(3)). This right is not automatic; it requires an application and a favourable exercise of discretion.
Fourth, a broad range of downstream recipients. Section 12A authorises a commission to pass information to other Commissions of Inquiry (including Commonwealth royal commissions) and to an extensive list of law enforcement agencies. Those agencies are therefore indirectly affected because they may receive material that would otherwise be confidential. The Minister, the Clerks of both Houses of Parliament and the public at large are affected by the report-release mechanism in s 14B, which deems a report presented to the Clerks to have been laid before the Houses and to attract parliamentary privilege.
Finally, the Crown, through counsel appointed to assist the commission (s 7(1)), and any person or body to whom the provisions of the Act are applied by other legislation, are brought within the statutory scheme.
Key duties and rights
The Act constructs a carefully calibrated set of duties and correlative rights.
Witnesses owe duties to attend (s 8, s 10), to take an oath or affirmation (s 9), to answer relevant questions (s 11(1)(b)), and to produce required documents (s 11(1)(c)). These duties are subject to the carve-out for “reasonable excuse” (s 11(2)(a)) and the protection for secret manufacturing processes (s 11(2)(b)). Where Division 2 applies and the Governor has declared s 17 to operate, the duty to answer becomes near-absolute; the common-law privileges are abrogated (s 17(1)) and the provision prevails over any inconsistent law unless that law expressly states otherwise (s 17(1A)).
The commission itself holds rights to inspect, retain, copy and extract from documents (s 12(1)), to authorise staff to examine accounts and other materials (s 12(2)), and to communicate information to other inquiries or law enforcement (s 12A). It may also direct that evidence not be published or that parts of the inquiry be held in private (s 12B).
Interested persons possess a conditional right to appear and to participate through counsel (s 7). Counsel assisting the commission has an unqualified right to appear (s 7(1)).
Commissioners enjoy the rights and privileges of the Supreme Court when Division 2 is engaged (s 18(1)) and the personal immunity of a Supreme Court judge (s 6). They may issue warrants for non-attendance (s 16) and certify contempt to the Supreme Court (s 18B).
The Act also confers rights upon those whose documents are retained. Once retention is no longer reasonably necessary the commission must return the document on request unless it is to be furnished to another body or dealt with according to law (s 12(3)–(4)).
A witness who voluntarily provides information obtains the same protections as a compelled witness (s 11(4)), an important safeguard for whistle-blowers who come forward without summons.
Penalties and enforcement
Part 3 sets out a graduated enforcement regime. Summary offences under ss 19 and 20 (failure to attend or produce, refusal to be sworn or answer) each carry a maximum of 4 penalty units. Contravention of a non-publication direction is also a summary offence with a 10 penalty unit ceiling (s 23B). The more serious indictable offences attract custodial sentences: 5 years for false or misleading testimony (s 21) and for subornation (s 22), 5 years for delaying or obstructing by destruction or removal of documents or property (s 23A), and 2 years for wilful destruction of evidence intended to prevent its use (s 23).
Contempt is dealt with separately. Section 18A defines contempt by reference to Supreme Court contempt or disobedience of orders. The commissioner does not punish contempt directly (s 18B(6)) but instead certifies the matter to the Supreme Court. The Court conducts its own inquiry, hears evidence and may impose punishment “in like manner and to the like extent” as for its own contempt (s 18B(3)(b)). The certificate is prima facie evidence of the matters certified (s 18B(4)). Arrest warrants, custody pending hearing, and release on conditions are all regulated by s 18C. Double jeopardy is avoided by s 18D: an act cannot be punished both as contempt and as an offence.
Enforcement of attendance can occur by warrant under s 16 even after a contempt prosecution. Costs may be awarded in summary proceedings (s 24).
The Act expressly preserves the commission’s ability to deal with documents otherwise according to law (s 12(4)), thereby permitting referral for prosecution where appropriate.
How it interacts with other laws
The Royal Commissions Act 1923 is not a code. It operates alongside, and frequently by reference to, other statutes.
Section 11(1) expressly defers to s 127 of the Evidence Act 1995 (religious confessions). The protection and liabilities extended to witnesses mirror those applicable in Supreme Court proceedings (s 11(3)). Where Division 2 applies, the powers conferred replicate those of the Supreme Court (s 18(1)) and contempt is assimilated to Supreme Court contempt (s 18B(3)(b)), importing the Supreme Court Act 1970 and its rules with necessary adaptations.
Section 17(1A) is a supremacy clause: it prevails over any inconsistent provision of any other Act or law (whenever enacted) unless that other law specifically states that it is to have effect despite s 17. This is a strong ouster of later inconsistent legislation unless the later Act uses express override language.
The false testimony offence in s 21 cross-references ss 331 and 332 of the Crimes Act 1900, applying them to royal commission proceedings in the same way as they apply to perjury under s 330.
Section 12A expressly contemplates interaction with Commonwealth and interstate royal commissions and law enforcement bodies, including the Australian Securities Commission (now ASIC) and the Australian Crime Commission (now Australian Criminal Intelligence Commission). The definition of “Commission of Inquiry” in s 12A(3) captures bodies operating under the Commonwealth Royal Commissions Act 1902 or analogous State or Territory legislation.
The report-release mechanism in s 14B interacts with the parliamentary privileges contained in the Parliamentary Evidence Act 1901 and the Constitution Act 1902 by deeming presentation to the Clerks to constitute laying before the Houses.
Schedule 1 makes the 2013 amendments apply to the Child Sexual Abuse Royal Commission and the related Special Commission of Inquiry, illustrating the statute’s capacity to be tailored by regulation and transitional clauses to specific inquiries established under parallel legislation such as the Special Commissions of Inquiry Act 1983.
Finally, s 14 permits the Governor, in the letters patent, to disapply any or all of the Act’s provisions, allowing bespoke tailoring of each commission.
Recent changes and why
The most significant recent amendments occurred in 2013. The Royal Commissions Amendment Act 2013 inserted s 5A (authorisation of commissioners to sit for parts of an inquiry and to exercise chairperson powers), amended the definition of “reasonable excuse” and the self-incrimination provisions, and added the transitional provisions in Schedule 1 that extended the new rules to the Child Sexual Abuse Royal Commission. These changes were driven by the practical need to enable a large national inquiry with multiple commissioners to conduct concurrent hearings without procedural challenge.
Later in 2013 the Royal Commissions and Ombudsman Legislation Amendment Act 2013 inserted s 12B (non-publication and private hearing powers) and s 23B (offence for contravening such directions), and made further adjustments to s 17 to strengthen the abrogation of privileges. The amendments were a direct response to the Child Sexual Abuse Royal Commission’s need for robust powers to protect the identity of vulnerable witnesses, particularly survivors of institutional abuse, while ensuring evidence could still be shared with law enforcement.
The 1990 amendments that introduced the contempt regime (ss 18A–18D) and the information-sharing powers (s 12A, inserted 1991) were themselves reactions to earlier inquiries that encountered obstruction and to the growing realisation that royal commissions needed to be able to feed information efficiently into the criminal justice system without procedural friction.
Each wave of amendment has therefore been prompted by operational experience: the desire for efficiency in multi-member commissions, the protection of vulnerable witnesses, and the need for seamless information flows to prosecutorial agencies.
Court challenges and controversies
Because the legislation grounds every power in the letters patent and in explicit statutory language, many potential controversies are resolved at the threshold by the terms of the particular commission. The text itself does not record specific judicial decisions, but the architecture reveals points of perennial tension.
The interaction between s 17 and the privilege against self-incrimination has been a recurring flashpoint. The requirement for an express declaration in the letters patent (s 17(4)–(5)) and the supremacy provision in s 17(1A) were inserted to remove doubt after earlier challenges in which witnesses argued that later statutes had impliedly restored privileges. The 2013 amendments that deemed prior answers given to the Child Sexual Abuse Royal Commission to have been compelled under the amended section (Schedule 1 cl 3) illustrate the legislature’s determination to insulate inquiries from collateral attacks on the validity of evidence already received.
Contempt certification under s 18B has the potential to generate disputes about the standard of proof before the Supreme Court, the content of the certificate, and the procedural fairness afforded to the alleged contemnor. The requirement that the Supreme Court “inquire into the alleged contempt” and hear witnesses and defences (s 18B(3)(b)) is designed to ensure that the commissioner does not act as both prosecutor and judge.
Non-publication directions under s 12B raise obvious tensions with open justice and free speech principles. The power is vested in the chairperson or sole commissioner and is not expressly constrained by a public interest test in the section itself, although the common-law principles that would apply to a superior court would presumably inform any judicial review.
The breadth of the law-enforcement-agency definition in s 12A, which includes task forces and bodies “similar to a task force, however described”, has been crafted to avoid technical arguments about nomenclature. Nevertheless, the potential for leakage of sensitive material between multiple overlapping inquiries remains a live policy concern.
The transitional provisions in Schedule 1 that operate retrospectively for the Child Sexual Abuse Royal Commission (cll 2 and 3) represent a legislative choice to validate past acts and to extend the strengthened privilege-abrogation rules to evidence already given. Such provisions can themselves generate controversy about retrospectivity and fairness.
Gotchas
Most practitioners assume that the privilege against self-incrimination is always available; yet once the Governor has declared that s 17 applies, that privilege, claims of legal professional privilege, duties of secrecy and “any other ground” are removed (s 17(1)). The only statutory exception is the secret-process-of-manufacture carve-out that appears in the more general s 11(2)(b), which does not apply to Division 2 inquiries.
Another common misconception is that a royal commission can punish contempt itself. Section 18B(6) expressly forbids a commissioner from punishing contempt under s 18; the matter must be certified to the Supreme Court. Many lawyers have wasted time arguing before the commission when the correct forum is the Supreme Court on a certificate.
The “reasonable excuse” defence in ss 19 and 20 is narrower than it appears. The definition in s 4 ties it strictly to what a court would accept. In practice this excludes policy objections, inconvenience, or generalised fears about reputational harm.
Section 12A permits a commission to furnish material to a law enforcement agency even before the inquiry has concluded. There is no statutory requirement for the commission to notify the provider of the information, creating a risk that material given under compulsion may be used in parallel criminal investigations without the witness’s knowledge.
The power to authorise a member to sit for part of an inquiry and to exercise the chairperson’s powers (s 5A(3)) is wider than many realise. Multiple members may be authorised, one designated to preside, and they may sit concurrently with the full commission. This can produce a situation in which different panels hear different evidence on the same day, with different non-publication regimes potentially applying.
Finally, the obligation under s 10 to “appear and report from day to day” continues until the chairperson expressly releases the witness. Many witnesses assume that once they have given their evidence they are free to leave; they are not.
How to comply
Compliance for witnesses begins with the summons. Treat the summons as non-negotiable. Seek legal advice immediately upon receipt. If a claim of privilege or reasonable excuse is to be advanced, it must be grounded in the limited exceptions preserved by ss 11 and 17. Where s 17 applies there will be almost no available excuses; preparation should focus on ensuring that any answer given is accurate so as to avoid the s 21 false testimony offence.
Organisations that may be the subject of inquiry should ensure that document-retention policies are suspended as soon as it becomes apparent that a commission may be established. Destruction of any document that “is or may be required” after knowledge of the inquiry triggers the s 23 and s 23A offences, and the onus of proof shifts to the defendant under s 23A(2).
Counsel assisting or appearing should obtain clear rulings on the scope of examination before cross-examining, given that s 7(3) limits examination to matters the commissioner deems relevant. Applications for leave to appear under s 7(2) should be made as early as possible and should be supported by evidence demonstrating substantial and direct interest or detriment.
Commission staff must be alive to the return-of-documents obligation in s 12(3). A register of all produced material should be maintained and periodic reviews conducted so that documents are not retained longer than “reasonably necessary”.
For those establishing or staffing a commission, the letters patent are the single most important compliance document. If the full suite of Division 2 powers, including the s 17 abrogation of privileges, is desired, the Governor must be advised to include the necessary declarations. Conversely, if the inquiry wishes to avoid the contempt regime or the information-sharing powers, the letters patent should expressly disapply those sections under s 14.
When a commission intends to communicate material under s 12A it should document the decision, record the recipient agency, and consider whether any protective conditions (for example, undertakings as to use) should be sought even though the statute does not require them.
Non-publication applications under s 12B should be prepared with the same rigour as a suppression order application in the Supreme Court. The commissioner must be satisfied that the direction is necessary; a mere request will rarely suffice.
Finally, all participants should remember that the Act’s transitional provisions can cause 2013 amendments to apply to inquiries established earlier. Always check the specific letters patent and any Schedule 1 declarations before assuming that the law as it stood at the date of the commission’s establishment continues to govern.
(3) In this Division commissioner includes any person to whom a commission is issued, whether as chairperson or as a member other than the chairperson, or as sole commissioner.
s 5: Am 1987 No 151, Sch 1 (3); 2013 No 11, Sch 1 [2].
5A Commissioners authorised to sit for purposes of any part of inquiry
5A Commissioners authorised to sit for purposes of any part of inquiry
5A Commissioners authorised to sit for purposes of any part of inquiry
(1) A commissioner may sit for the purposes of any part of an inquiry if:
(a) the commissioner is a sole commissioner, or
(b) all the members, or a quorum of the members, of the commission are sitting for the purposes of that part of the inquiry, or
(c) the commissioner is the chairperson of the commission, or
(d) the commissioner is a member of the commission authorised by the chairperson to sit for the purposes of that part of the inquiry.
(2) More than one member may be authorised under subsection (1) (d) by the chairperson to sit for the purposes of a part of the inquiry, in which case the member designated by the chairperson is to preside.
(3) A member authorised under subsection (1) (d) or, if there is more than one member so authorised, the designated presiding member is authorised to exercise the powers of the chairperson of the commission under the other sections of this Division (unless the authorisation under subsection (1) (d) provides otherwise).
(4) If a member is authorised under subsection (1) (d), commissioners may sit concurrently for the purposes of an inquiry.
s 5A: Ins 2013 No 11, Sch 1 [3].
6 Protection of commissioners
6 Protection of commissioners
6 Protection of commissioners
Every commissioner shall in the exercise of the commissioner’s duty as a commissioner have the same protection and immunity as a judge of the Supreme Court.
s 6: Am 1994 No 32, Sch 3.
7 Right of appearance
7 Right of appearance
7 Right of appearance
(1) Any counsel or solicitor appointed by the Crown to assist the commission may appear at the inquiry.
(2) Where it is shown to the satisfaction of the chairperson, or of the sole commissioner, as the case may be, that any person is substantially and directly interested in any subject-matter of the inquiry, or that the person’s conduct in relation to any such matter has been challenged to the person’s detriment, the chairperson or sole commissioner may authorise such person to appear at the inquiry, and may allow the person to be represented by counsel or solicitor.
(3) Any counsel or solicitor so appointed and any person so authorised or the person’s counsel or solicitor may with the leave of the chairperson or of the sole commissioner, as the case may be, examine or cross-examine any witness on any matter which the commissioner deems relevant to the inquiry, and any witness so examined or cross-examined shall have the same protection and be subject to the same liabilities as if examined by the commissioner.
s 7: Am 1994 No 32, Sch 3.
8 Witnesses
8 Witnesses
8 Witnesses
The chairperson or the sole commissioner, as the case may be, may by notice in writing summon any person to attend the commission at a time and place named in the summons, and then and there to give evidence and to produce any documents or other things in the person’s custody or control which the person is required by the summons to produce.
s 8: Am 1985 No 73, Sch 1 (2); 1994 No 32, Sch 3.
9 Oath or affirmation
9 Oath or affirmation
9 Oath or affirmation
(1) Any of the commissioners may administer an oath to any person appearing as a witness before the commission, whether the witness has been summoned or appears without being summoned, and may examine the witness upon oath.
(2) Where any witness to be examined before the commission conscientiously objects to take an oath the witness may make an affirmation that the witness conscientiously objects to take an oath, and that the witness will state the truth, the whole truth and nothing but the truth, to all questions that may be put to the witness.
(3) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities as an oath.
s 9: Am 1994 No 32, Sch 3.
10 Continued attendance
10 Continued attendance
10 Continued attendance
Every witness who has been summoned to attend the commission shall appear and report from day to day unless the witness is excused from attendance or until the witness is released from further attendance by the chairperson or by the sole commissioner, as the case may be.
s 10: Am 1994 No 32, Sch 3.
11 Answers and documents
11 Answers and documents
11 Answers and documents
(1) A witness summoned to attend or appearing before the commission shall not be entitled, except as otherwise provided in this section and section 127 (Religious confessions) of the Evidence Act 1995, to refuse:
(a) to be sworn or to make an affirmation,
(b) to answer any question relevant to the inquiry put to the witness by any of the commissioners,
(c) to produce any document or other thing in the witness’s custody or control which the witness is required by the summons to produce.
(2) Nothing in this section shall make it compulsory for any witness:
(a) to answer any question or produce any document or other thing if the witness has a reasonable excuse for refusing,
(b) to disclose any secret process of manufacture.
(3) A witness summoned to attend or appearing before the commission shall have the same protection, and shall in addition to the penalties provided by this Act be subject to the same liabilities in any civil or criminal proceeding as a witness in any case tried in the Supreme Court.
(4) If a commission obtains for the purposes of the inquiry any document or other thing or any information that is provided voluntarily by a person, subsection (3) applies to the person as if the person were a witness appearing before the commission.
s 11: Am 1985 No 73, Sch 1 (3); 1994 No 32, Sch 3; 1995 No 27, Sch 1; 2013 No 11, Sch 1 [4].
12 Inspection and copies of documents
12 Inspection and copies of documents
12 Inspection and copies of documents
(1) The commission may inspect any documents or other things produced before it, and may retain them for such reasonable period as it thinks fit, and, in the case of documents produced before it, may make copies of such matter as is relevant to the inquiry or take extracts from them.
(2) The commission may employ such assistance as it deems proper for the carrying out of any inquiry or investigation, and may by writing authorise any person so employed to inspect and report to it upon any documents or other things, or (without affecting the generality of the foregoing) any accounts, it considers relevant to the subject matter of the inquiry.
(3) When the retention of a document or other thing ceases to be reasonably necessary for the purposes of the inquiry to which it relates, the commission is required, if a person who appears to the commission to be entitled to the document or other thing so requests, to cause it to be delivered to that person.
(4) The requirement under subsection (3) does not apply if the commission has furnished the document or other thing or proposes to furnish it to a person or body referred to in section 12A or the commission deals with it or proposes to deal with it otherwise according to law.
s 12: Am 1934 No 8, sec 2 (a); 1985 No 73, Sch 1 (4); 1991 No 58, Sch 1 (1).
12A Communication of information etc
12A Communication of information etc
12A Communication of information etc
(1) A commission may communicate any information or furnish any material (including evidence) that it obtains in the course of the inquiry conducted by it to a Commission of Inquiry, if the information or material relates or may relate to matters within the terms of reference of the Commission of Inquiry.
(2) A commission may communicate any information or furnish any material (including evidence) that it obtains in the course of the inquiry conducted by it to a law enforcement agency, if the information or material relates or may relate to a breach of a law of the State, of another State or Territory or of the Commonwealth.
(3) In this section:
Commission of Inquiry means a person or body holding a commission to inquire into and report on any matters and having:
(a) powers under this Act, or
(b) powers under another law of the State or under a law of another State or Territory or of the Commonwealth, being in either case a law that has the same or a similar purpose or effect as this Act (such as the Royal Commissions Act 1902 of the Commonwealth).
law enforcement agency means a person or body with responsibilities for the enforcement of laws of the State, of another State or Territory or of the Commonwealth, including but not limited to any of the following:
(a) the Attorney General of New South Wales, of another State or Territory or of the Commonwealth,
(b) the Director of Public Prosecutions of New South Wales, of another State or Territory or of the Commonwealth,
(c) the Commissioner of Police of New South Wales or the holder of a similar position in another State or Territory,
(d) the Commissioner of Police in the Australian Federal Police,
(e) the New South Wales Crime Commission,
(f) the Independent Commission Against Corruption,
(g) the Australian Crime Commission,
(h) the Trade Practices Commission,
(i) the Australian Securities Commission,
(j) a task force set up to investigate any matters relating to breaches of law and arising out of the inquiry conducted by the commission.
(4) The reference in this section to a task force is limited to a State task force or a joint task force. A State task force is one set up by the State or an authority of the State. A joint task force is one set up jointly by the State or an authority of the State and by one or more other Australian jurisdictions or their authorities. An Australian jurisdiction is a State or Territory or the Commonwealth. Subject to the above provisions of this subsection, the expression “task force” includes a body of persons that is similar to a task force, however it is described.
(5) Nothing in this section derogates from or affects any powers a commission has apart from this section, and it is not to be construed as limiting in any way any such power by implication or otherwise.
s 12A: Ins 1991 No 58, Sch 1 (2). Am 2003 No 13, Sch 1.30.
12B Direction as to non-publication or that part of inquiry to be held in private
12B Direction as to non-publication or that part of inquiry to be held in private
12B Direction as to non-publication or that part of inquiry to be held in private
(1) A commissioner may give directions preventing or restricting the publication of evidence or information given, or of matters in documents produced, to or before the commission.
(2) A commissioner may direct that any part of an inquiry is to take place in private.
(3) If a commissioner directs that any part of an inquiry is to take place in private, the commissioner may give directions as to the persons who may be present at that part of the inquiry.
(4) In this section, commissioner means the chairperson or sole commissioner, as the case may be.
s 12B: Ins 2013 No 65, Sch 1 [1].
13 Allowance to witnesses
13 Allowance to witnesses
13 Allowance to witnesses
(1) The Governor may make regulations prescribing a scale of allowances to be paid to any witness summoned under this Act for the witness’s travelling expenses and maintenance while absent from the witness’s usual place of abode.
(2) The claim to allowance of any such witness certified by the chairperson or by the sole commissioner, as the case may be, shall be paid by the Colonial Treasurer out of moneys to be provided by Parliament for the purposes of the commission.
s 13: Am 1994 No 32, Sch 3.
14 Application of provisions of Act
14 Application of provisions of Act
14 Application of provisions of Act
If in the letters patent by which a commission is issued the Governor declares that all or any specified sections of this Act shall not be applicable for the purposes of the inquiry referred to in the letters patent the sections or the specified sections, as the case may be, shall not apply to or with respect to the inquiry.
14A
14A (Repealed)
14A
s 14A: Ins 1934 No 21, sec 13. Am 1937 No 35, Second Sch. Rep 1995 No 99, Sch 2.
14B Release of reports when Parliament not sitting
14B Release of reports when Parliament not sitting
14B Release of reports when Parliament not sitting
(1) If neither House of Parliament is sitting, the Minister may present to the Clerks of both Houses a report made by a commission.
(2) When the report has been presented to and received by the Clerks:
(a) the report is for all purposes to be taken to have been laid before each House and to be a document published by order or under the authority of each House, and
(b) without limiting paragraph (a), the report attracts the same privileges and immunities as if it had been laid before each House and published by order or under the authority of each House, and
(c) the report may be printed by the authority of either or both of the Clerks.
(3) M
This is an opening excerpt, not the complete document.