Commissions of Inquiry Act 1995

Unless otherwise specified by the order by which it is established, a Commission may hold a private session for the Commission to obtain information in respect of the matter into which the Governor has directed it to inquire.

A private session of a Commission under subsection (1) – is not a hearing of the Commission; and must be held in private; and subject to this Act and the order establishing the Commission, may be held as determined by the Commission.

A person who appears at a private session of a Commission under subsection (1) – is not a witness before the Commission; and does not give evidence to the Commission.

Despite subsection (3)(a), sections 36, 37 and 38 apply to a person who appears at a private session of a Commission under subsection (1) as if that person had appeared before the Commission or had been a witness to an inquiry.

Information that relates to an individual that has been provided at a private session of a Commission, or given to a member of a Commission solely for the purposes of a private session or proposed private session, may be included in a report or recommendation of the Commission only if the information – is also given in evidence to the Commission other than at a private session; or does not disclose the identity of, or lead to the identification of, the individual.