32Commission may take evidence

32 Commission may take evidence

(1) Subject to subsection (2), the Commission may, for the purposes of its consideration of a claim submitted to it in accordance with subsection 17(2) or of its reconsideration under section 31 of a decision in relation to a pension or attendant allowance: (a) summon a person to appear before the Commission to give evidence and produce such documents (if any) as are referred to in the summons; (b) take evidence on oath or affirmation; (c) request: (i) in the case of consideration of a claim—the claimant or the Secretary; or (ii) in the case of a reconsideration under section 31—a person likely to be affected by the reconsideration or the Secretary; to furnish to the Commission material believed to be under his or her control and relevant to the determination of the claim, or the reconsideration of the decision; and (d) request: (i) in the case of consideration of a claim—the claimant; or (ii) in the case of a reconsideration under section 31—the person likely to be affected by the reconsideration; to attend before the Commission for a discussion of the claim, or of the reconsideration, as the case may be, or to discuss the claim, or the reconsideration, as the case may be, with the Commission by telephone. (2) Subsection (1) does not authorize the Commission to summon: (a) for the purpose of its consideration of a claim—the claimant; or (b) for the purpose of a reconsideration under section 31—a person likely to be affected by the reconsideration; to appear before the Commission to give evidence or to produce documents. (3) Where a claimant requests the Commission for an opportunity: (a) to attend before the Commission and discuss the claim with the Commission; or (b) to discuss the claim with the Commission by telephone; the Commission shall, if it is of the opinion that the request is in all the circumstances reasonable, comply with the request. (4) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence the person will give will be true. (5) The powers and duties of the Commission under this section may be exercised or performed on behalf of the Commission: (a) in relation to a claim—by a person to whom the Commission has delegated its powers under section 19; or (b) in relation to a reconsideration under section 31—by a person to whom the Commission has delegated its powers under that section; and, for the purpose of the exercise of those powers or the performance of those duties, subsections (1), (2) and (3) and (6) to (10), inclusive, of this section have effect as if a reference to the Commission included a reference to that person. (6) A person who has been summoned to appear as a witness before the Commission shall not, after tender of reasonable expenses, fail to appear in answer to the summons.

Penalty: Imprisonment for 6 months or 10 penalty units, or both.