Harness Racing Act 2009

HRNSW may apply to the Supreme Court for an order (a compulsion order) authorising HRNSW to use the following powers (compulsion powers) on a person for the purposes of obtaining information of relevance to a special inquiry (relevant information)—

the power to order the person to attend a hearing of the special inquiry on the days specified in the order,

the power to order the person to provide the relevant information at a hearing,

the power to order the person to otherwise provide the relevant information to the special inquiry.

HRNSW may apply for the compulsion order only if it is reasonably satisfied that—

the person has relevant information and the person is unwilling to provide the relevant information to the special inquiry, or

the person has relevant information and exceptional circumstances exist that require a compulsion power to be used without first asking the person to voluntarily provide the relevant information.

For the purposes of subsection (2)(b), exceptional circumstances include circumstances in which there is a very high likelihood that relevant information essential to the special inquiry will be lost.

The Supreme Court is to decide the application for the compulsion order in the absence of the person and without conducting a hearing unless it is satisfied that the interests of justice require the person to be present.

The Supreme Court is, when deciding if the interests of justice require the person to be present, to take into account—

the risk that the relevant information may be lost if the person is given advance notice of the proposed exercise of compulsion powers, and

any other matter the Court considers relevant.

The Supreme Court is, when deciding whether to grant the compulsion order, to take into account the following—

the nature of the threat to harness racing that the special inquiry is considering,

the value to the special inquiry of the relevant information sought,

the likelihood the person has the relevant information,

the likelihood the person would be unwilling to provide the relevant information,

if the application was made on the basis of HRNSW being satisfied that exceptional circumstances exist, the nature of the exceptional circumstances,

the harm likely to be caused to the person if the order is granted and the person is required to provide relevant information that may incriminate the person,

any other matter the Court considers relevant.

If the Court decides to grant the compulsion order, it must specify the following in the order—

the name of the person the subject of the order,

the compulsion powers HRNSW is authorised to use,

any limitation to which the use of the compulsion powers is subject,

the day on which the order expires.

The Court must give reasons for its decision to grant or refuse to grant the compulsion order.

A reference in this section to relevant information being lost includes a reference to the relevant information being concealed, altered, destroyed or otherwise being made unavailable to a special inquiry.