sec.308Court to decide matters afresh

sec.308 Court to decide matters afresh

A Magistrates Court hearing an appeal under section 307 is to decide afresh whether information given to the chief executive as investigative information about a person is investigative information. A person who is the relevant complainant under section 305 must not be asked or called on by the investigated person under that section to give evidence in person before the court. Subsection (2) does not prevent documentary evidence being tendered and received in evidence by the court. After hearing an appeal under section 307 , the court may confirm or set aside the decision and the court must give the appellant notice of the decision. For subsection (4) , the court must have regard to the matters the police commissioner was required to have regard to under this Act when the police commissioner made the decision. s 308 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 (sec.308-ssec.1) A Magistrates Court hearing an appeal under section 307 is to decide afresh whether information given to the chief executive as investigative information about a person is investigative information. (sec.308-ssec.2) A person who is the relevant complainant under section 305 must not be asked or called on by the investigated person under that section to give evidence in person before the court. (sec.308-ssec.3) Subsection (2) does not prevent documentary evidence being tendered and received in evidence by the court. (sec.308-ssec.4) After hearing an appeal under section 307 , the court may confirm or set aside the decision and the court must give the appellant notice of the decision. (sec.308-ssec.5) For subsection (4) , the court must have regard to the matters the police commissioner was required to have regard to under this Act when the police commissioner made the decision.