Parliamentary commissioner may conduct hearings in limited circumstances
318 Parliamentary commissioner may conduct hearings in limited circumstances
This section applies if—
the parliamentary commissioner has used all reasonable means to obtain information about a matter without success; and
the parliamentary commissioner considers it appropriate to hold a hearing to obtain the information.
The parliamentary commissioner may hold a hearing to obtain the information.
If the parliamentary commissioner decides to hold a hearing under this section, the parliamentary commissioner must notify the parliamentary committee of the decision.
The parliamentary commissioner may, by notice, require any named commission officer or person who holds or held an appointment in a unit of public administration (the person) to appear at the hearing to be examined on oath or to produce a document or thing.
The person must comply with the notice.
Maximum penalty—85 penalty units or 1 year’s imprisonment.
The parliamentary commissioner may administer an oath for the purposes of the hearing.
The person must answer a question put to the person by the parliamentary commissioner at the hearing or produce a document or thing if required to do so by the parliamentary commissioner.
Maximum penalty—85 penalty units or 1 year’s imprisonment.
The person is not entitled—
to remain silent; or
to refuse to answer a question or to fail to give an answer to the parliamentary commissioner’s satisfaction; or
to fail to produce the document or thing;
because compliance with the notice, answering the question or giving an answer to the parliamentary commissioner’s satisfaction, or producing the document or thing might tend to incriminate the person.
However, if the person’s answer or the document or thing might tend to incriminate the person, the answer, document or thing is not admissible in evidence against the person in a civil or criminal proceeding, other than—
a proceeding for an offence about the falsity of the answer; or
a disciplinary proceeding started against the person.
A hearing under this section is closed to the public.
This Act’s bill:Explanatory memorandum
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