Casino employees licensed as 'special employees' under the Casino Control Act 1991 with security and surveillance functions are 'investigating officials' under s 464(2) of the Crimes Act 1958 and must administer the caution under s 464A(3) before questioning suspects. The s 90 unfairness discretion under the Evidence Act 2008 can be exercised to exclude otherwise properly obtained police confessions where prior improper questioning by third-party investigating officials has 'tainted' the accused's belief in their right to silence. Sections 135 and 137 of the Evidence Act 2008 do not apply to the exclusion of confessional evidence where the concern is unfairness rather than illegitimate jury reasoning.
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