Crime and Corruption Act 2001

This section applies if leave to make an application about a decision of a deciding officer or presiding officer is granted under section 205ZH.

The burden of proof in the application is on the person making the application.

The Supreme Court must—

consider the claim of reasonable excuse the subject of the decision; and

hear the person’s submissions and the commission’s submissions.

The Supreme Court must deal with the application expeditiously.

The Supreme Court may hear the application in any way it considers appropriate, including, for example, by hearing the matter afresh, in whole or part.

When considering the claim, the Supreme Court may access the document, thing or information the subject of the claim.

The application is to be heard in closed court.

However, the Supreme Court may permit another person to be present at a hearing for the application if the court considers it is in the interests of justice to do so.

On hearing the application, the Supreme Court may—

order the person to produce the document, thing or information or answer the question; or

order the commission to withdraw the requirement to which the claim relates.

The Supreme Court must give reasons for the court’s decision, which may be given orally.

Costs of the application are to be borne by the commission, unless otherwise ordered by the Supreme Court on the ground that the claim is frivolous or vexatious.