10Reports

10 Reports

10 Reports

(1) It is the duty of a Commissioner, within such period or periods as may be specified in the relevant commission, to make a report or reports to the Governor in connection with the subject-matter of the commission, and in particular as to whether there is or was any evidence or sufficient evidence warranting the prosecution of a specified person for a specified offence.

(2) If after making such investigations as a Commissioner thinks appropriate, and without conducting any hearings or further hearings, the Commissioner forms the view that no offence, or no serious offence, has been committed arising out of or in connection with the subject-matter of the Special Commission, the Commissioner may make a report to the Governor without conducting any hearings or further hearings.

(3) A Commissioner may, in any such report, make such recommendations relating to the publication of the whole or any part of the report as the Commissioner thinks proper.

(4) (Repealed)

Note—

Any determinations made by a Commissioner that are contained in a report made to the Governor under this section attract the following defences under the specified provisions of the Defamation Act 2005 in defamation proceedings:

(a) the defence of absolute privilege (see section 27 (2) (b) and the definition of Australian tribunal in section 4 of that Act),

(b) the defence for publication of public documents (see section 28 of, and clause 7 of Schedule 2 to, that Act),

(c) the defences of fair report of proceedings of public concern (see section 29 and, in particular, section 29 (4) (f) of that Act).

s 10: Am 1997 No 84, Sch 1 [3]; 2005 No 77, Sch 6.16 [2].

s 10, note: Ins 2005 No 77, Sch 6.16 [2].