2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Chief Minister)

An Act to amend the Inquiries Act 1991

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Inquiries Amendment Act 2003.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Inquiries Act 1991.

(1) The Chief Minister may present a copy of a report or part of a report submitted by a board to the Legislative Assembly.

(2) The Chief Minister may make a report or part of a report public whether or not the Legislative Assembly is sitting and whether or not the report or part has been presented to the Assembly.

(3) The Chief Minister is not civilly or criminally liable in relation to the publication of a report or part of a report.

In conducting an inquiry, a board—

(a) must comply with the rules of natural justice; and

(b) is not bound by the rules of evidence but may inform itself of anything in the way it considers appropriate; and

(c) may do whatever it considers necessary or convenient for the fair and prompt conduct of the inquiry.

(1) The board must not include a comment in a report of an inquiry that is adverse to an entity who is identifiable from the report unless the board has, before making the report, given the entity a copy of the proposed comment and a written notice under subsection (2).

(2) The written notice to the entity must—

(a) tell the entity that the entity may—

(i) make a submission to the board in relation to the proposed adverse comment; or

(ii) give the board a written statement in relation to the proposed adverse comment; and

(b) tell the entity that, if the entity makes a submission or gives a written statement in relation to the comment, the submission or statement, or a summary of it, will be included in the board’s report of the inquiry; and

(c) state the period within which a submission in relation to the comment may be made or statement given.

(3) The period allowed under subsection (2) (c) must end not earlier than 14 days after the day the notice is given.

(4) A copy of a submission made, or statement given, in relation to the comment within the time allowed must be included in the board’s report of the inquiry.

(5) However, if the board is satisfied on reasonable grounds that a submission made, or statement given, in relation to the comment is excessively long or contains defamatory or offensive language, the board may include a fair summary of the submission or statement in the report of the inquiry instead of the submission or statement.

(1) The proceedings of a board of inquiry are taken to be a proceeding of public concern for the Civil Law (Wrongs) Act 2002, section 60.

(2) Subsection (1) does not apply in relation to the publication of a report of proceedings, or a part of proceedings, if a direction given under section 21 (3) restricts publication of the proceedings or part of them and the publication of the report contravenes the direction.

(3) A board of inquiry report that has been made public by the Chief Minister is taken to be a public document for the Civil Law (Wrongs) Act 2002, section 61.

(4) A person is not civilly liable for a comment made honestly in relation to a board’s report of an inquiry.

For the latest republication of amended laws, see www.legislation.act.gov.au.