special witness means a person who the Board or committee of inquiry holding a hearing determines –
(a) would be, or is likely to be, unable to give evidence satisfactorily in the ordinary manner by reason of intellectual, mental or physical disability; or
(b) if required to give evidence in the ordinary manner, is likely to suffer severe emotional trauma, or to be so intimidated or distressed as to be unable to give evidence or to give evidence satisfactorily, by reason of age, cultural background, relationship to any party to the proceeding, the nature of the subject matter of the evidence or any other factor the Board or committee of inquiry considers relevant.
(2) As part of an inquiry, the Board or committee of inquiry –
(a) at its own discretion may; and
(b) on the request of the person in respect of whom the inquiry is being held is to –
hold a hearing in respect of a matter being inquired into.
(3) If a hearing is to be held, the Board or committee of inquiry holding the hearing –
(a) is to give notice of the hearing to the person in respect of whom the inquiry is being held; and
(b) if the inquiry is the result of a complaint, is to give notice of the hearing to the complainant; and
(c) may give notice of the hearing to any other person the Board or committee of inquiry considers appropriate.
(4) Notice under subsection (3) is to be in writing and specify the time and place at which the hearing is to be held.
(5) The person in respect of whom the inquiry is being held is entitled –
(a) subject to a determination under subsection (7) , to be present at the hearing; and
(b) to give evidence at the hearing; and
(c) present witnesses at the hearing; and
(d) be represented by another person at the hearing.
(6) The Board or committee of inquiry holding a hearing may request, in writing, any person to appear at the hearing to give evidence and produce documents.
(7) If a child or a special witness is to give evidence, the Board or committee of inquiry holding the hearing is to –
(a) determine that the evidence is to be given by closed circuit television, video link or telephone or, if none of these means is available or appropriate, by such other method as the Board or committee considers appropriate; and
(b) determine who may be present, and by what means such persons may be present, during the giving of the evidence.
(8) In making a determination under subsection (7) , the Board or committee of inquiry is to minimise distress to the child or special witness as much as possible.
(9) The person who is the subject of the inquiry, or his or her representative, may reasonably question –
(a) an adult person who appears at the hearing at the request of the Board or committee of inquiry under subsection (6) ; or
(b) if the Board or committee of inquiry holding the hearing consents, a child or special witness.
(10) The Board or committee of inquiry holding a hearing must not admit the public to the hearing, or any part of the hearing, unless, after taking into account any detriment to any person that might result from the admission of the public, it considers that the public interest requires it.