Crime and Corruption Act 2001

This section applies to a person who is required to attend a commission hearing under an attendance notice other than an attendance notice requiring immediate attendance at a commission hearing.

The person may attend the hearing by an audiovisual link or audio link if the presiding officer is satisfied the requirements in subsection (3) are met.

The requirements are—

the person agrees to attend by an audiovisual link or audio link; and

if the person’s lawyer is present at the place where the presiding officer is presiding—both that place and the place where the person is located have facilities that will allow private communication between the person and the person’s lawyer; and

it is appropriate for the person to attend the hearing by an audiovisual link or audio link.

In deciding whether the requirement mentioned in subsection (3)(c) is met, the presiding officer may have regard to—

the nature of the hearing and the importance of the hearing for the investigation to which it relates; and

the ability of the person to comprehend and effectively participate in the hearing; and

whether the person is represented by a lawyer or has received legal advice about attendance by an audiovisual link or audio link; and

the desirability of attendance by an audiovisual link rather than an audio link, if an audiovisual link is available.

Subsection (6) applies if the person’s lawyer is present at the place where the presiding officer is presiding.

A communication between the person and the person’s lawyer is as confidential and as inadmissible in any proceeding as the communication would be if it took place between the person and the person’s lawyer while in each other’s presence.

Subsection (6) does not limit any other protection applying to the communication.

Section 60 does not apply to a communication that is confidential under subsection (6) or a recording of such a communication.

Provisions of this Act applying to a hearing apply with necessary changes in relation to a hearing under this section.

In this section—audio link means facilities, including a telephone, that enable reasonably contemporaneous and continuous audio communication between persons at different places.audiovisual link—

means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places; and

includes videoconferencing.