New South Wales Consolidated Acts
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GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 82
Special Ministerial inquiries
82 Special Ministerial inquiries
(1) The Minister may, in the case of any matter relating to a
government sector agency or a NSW government agency, direct such person as the
Minister specifies in the direction to conduct a special inquiry into the
matter.
(2) A special inquiry may (without limitation) be conducted under
this section into a matter involving the conduct or performance of the head of
a government sector agency or a Public Service senior executive (whether or
not the person has ceased to be such an agency head or executive).
(3) A
person conducting a special inquiry may enter the premises of any
government sector agency or NSW government agency in connection with the
inquiry.
(4) A person conducting a special inquiry has, for the purposes of
the inquiry, the functions, protections and immunities conferred on a
commissioner by Division 1 of Part 2 of the Royal Commissions Act 1923 . If 2
or more persons are conducting a special inquiry, the person appointed to
preside at the inquiry has, for the purposes of the inquiry, the functions
conferred on the chairperson of a commission by the Royal Commissions Act
1923 .
(5) The provisions of the Royal Commissions Act 1923 (except
section 13 and Division 2 of Part 2) apply, with necessary modifications-- (a)
to a special inquiry, and
(b) to any witness or person summoned by or
appearing before the inquiry or providing material to the inquiry.
(6) If the
person conducting a special inquiry agrees, an agent (including an Australian
legal practitioner) may represent a person, government sector agency or other
agency at the inquiry.
(7) The person conducting a special inquiry is not
bound by the rules of evidence and may be informed on any matter in issue at
the inquiry in such manner as the person considers appropriate.
(8) The
person conducting a special inquiry may, in respect of a matter not dealt with
by or under this Act, give directions as to the procedure to be followed at or
in connection with the inquiry.
(9) The person conducting a special inquiry
must-- (a) within such period as the Minister requires, prepare a report on
the conduct and findings, and any recommendations, of the inquiry, and
(b)
immediately after preparing the report, provide the Minister with a copy of
the report.
(10) The Minister must cause a copy of the report, together with
information as to any action taken or proposed to be taken in relation to the
subject of the report, to be laid before each House of Parliament within 30
sitting days of that House after the day on which the Minister was provided
with a copy of the report.
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