Victorian Current Acts

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Conduct of public inquiry

    (1)     In conducting a public inquiry

        (a)     subject to any regulations, the procedure is in the discretion of the Convenor;

        (b)     the Convenor may proceed with as little formality and technicality and with as much expedition as the requirements of this Act and a proper investigation of the matter permit;

        (c)     the Convenor may determine whether or not to hold any hearings and whether or not any hearings are to be open to the public;

        (d)     the Convenor is not bound by the rules of evidence and may be informed of any matter in any manner the Convenor considers appropriate;

        (e)     the Convenor

S. 51(1)(e)(i) amended by No. 17/2014 s. 160(Sch. 2 item 79).

              (i)     must allow a person affected by a public inquiry to be represented by an Australian lawyer;

              (ii)     may allow or refuse to allow any person to be represented by another person;

        (f)     the Convenor is bound by the rules of natural justice.

S. 51(2) amended by Nos 69/2009 s. 54(Sch. Pt 2 item 40), 67/2014 s. 147(Sch. 2 item 30).

    (2)     Sections 14, 15, 16 and 21A of the Evidence (Miscellaneous Provisions) Act 1958 , as in force immediately before their repeal, apply to a public inquiry and the report of the public inquiry as if the Convenor were a board appointed by the Governor in Council.

    (3)     A person who is required to appear as a witness at a public inquiry is entitled to reasonable witness expenses as determined by the Convenor.

    (4)     A person must not give information which he or she knows is false or misleading to the Convenor.

Penalty:     60 penalty units.

    (5)     A person must not intentionally hinder or obstruct the conduct of a public inquiry.

Penalty:     In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

    (6)     In this section, "Convenor" means the Secretary or the person or panel of persons appointed by the Secretary to conduct the public inquiry.

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