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CRIME AND CORRUPTION ACT 2001 - SECT 318
Parliamentary commissioner may conduct hearings in limited circumstances
318 Parliamentary commissioner may conduct hearings in limited circumstances
(1) This section applies if— (a) the parliamentary commissioner has used all
reasonable means to obtain information about a matter without success; and
(b) the parliamentary commissioner considers it appropriate to hold a hearing
to obtain the information.
(2) The parliamentary commissioner may hold a
hearing to obtain the information.
(3) If the parliamentary commissioner
decides to hold a hearing under this section, the parliamentary commissioner
must notify the parliamentary committee of the decision.
(4) The
parliamentary commissioner may, by notice, require any named commission
officer or person who holds or held an appointment in a unit of public
administration (the
"person" ) to appear at the hearing to be examined on oath or to produce a
document or thing.
(5) The person must comply with the notice. Penalty—
Maximum penalty—85 penalty units or 1 year’s imprisonment.
(6) The
parliamentary commissioner may administer an oath for the purposes of the
hearing.
(7) The person must answer a question put to the person by the
parliamentary commissioner at the hearing or produce a document or thing if
required to do so by the parliamentary commissioner. Penalty— Maximum
penalty—85 penalty units or 1 year’s imprisonment.
(8) The person is
not entitled— (a) to remain silent; or
(b) to refuse to answer a question
or to fail to give an answer to the parliamentary commissioner’s
satisfaction; or
(c) to fail to produce the document or thing;
because
compliance with the notice, answering the question or giving an answer to the
parliamentary commissioner’s satisfaction, or producing the document or
thing might tend to incriminate the person.
(9) However, if the person’s
answer or the document or thing might tend to incriminate the person, the
answer, document or thing is not admissible in evidence against the person in
a civil or criminal proceeding, other than— (a) a proceeding for an offence
about the falsity of the answer; or
(b) a disciplinary proceeding started
against the person.
(10) A hearing under this section is closed to the
public.
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