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s 42

Power to summon witnesses and take evidence

In force
Part 4Complaints and disciplinary proceedings
Division 2Complaints

42 Power to summon witnesses and take evidence

(1)

For the purposes of investigating or determining a complaint, the President or Deputy President may summon a person to appear before it to give evidence and to produce such documents (if any) as may be referred to in the summons.

(2)

The person presiding at a meeting of the Board concerning a complaint may require a person appearing before the Board in respect of the investigation or determination of a complaint to produce a document.

(3)

The Board may, in proceedings before it in respect of a complaint, take evidence on oath or affirmation and, for that purpose, a member of the Board—

(a)

may require a person appearing in the proceedings to give evidence either to take an oath or to make an affirmation in a form approved by the person presiding, and

(b)

may administer an oath to or take an affirmation from a person so appearing in the proceedings.

(4)

A person served with a summons to appear in any such proceedings and to give evidence must not, without reasonable excuse—

(a)

fail to attend as required by the summons, or

(b)

fail to attend from day to day unless excused, or released from further attendance, by the Board.

Maximum penalty—20 penalty units.

(5)

A person appearing in proceedings before the Board in respect of a complaint to give evidence must not, without reasonable excuse—

(a)

when required to be sworn or to affirm—fail to comply with the requirement, or

(b)

fail to answer a question that the person is required to answer by the person presiding, or

(c)

fail to produce a document that the person is required to produce by this section.

Maximum penalty—20 penalty units.

(6)

In this section, a reference to a person presiding at a meeting of the Board includes a reference to a person presiding at a meeting of a committee established under section 62 exercising functions in relation to a complaint.

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