Integrity Commission Act 2009

In conducting an investigation under section 46(1), the investigator, by written notice given to a person, may require or direct the person to do any or all of the following:to provide the investigator or any person assisting the investigator with any information or explanation that the investigator requires; to attend and give evidence before the investigator or any person assisting the investigator; to produce to the investigator or any person assisting the investigator any record, information, material or thing in the custody or possession or under the control of a person.

The investigator may require or direct that – the information, explanation or answers to questions be given orally or in writing, as the investigator requires; and the information, explanation or answers to questions be verified or the person give an oath or affirmation that the information or evidence the person has given is true.

The investigator may administer an oath or affirmation for the purposes of this Act.

If a person required or directed to give evidence to an investigator is – a prisoner or detainee under the Corrections Act 1997 or the Youth Justice Act 1997; or a patient detained in an approved hospital under the Mental Health Act 2013; or a person who is subject to a restriction under the Criminal Justice (Mental Impairment) Act 1999 – the notice requiring or directing the person to provide any information or explanation authorises and requires the Director of Corrective Services, the Secretary within the meaning of the Youth Justice Act 1997, the controlling authority of the approved hospital or the responsible medical officer, within the meaning of the Criminal Justice (Mental Impairment) Act 1999, to allow the person to provide that information or explanation to the investigator in accordance with the notice.

For the purpose of obtaining any record, information, material or thing under subsection (1), the investigator may – inspect and take copies of or take extracts from any such record, information, material or thing; and require or direct any person to give such assistance as may be required.

Any record, information, material or thing obtained by the investigator may be used for the purposes of the investigation or any subsequent inquiry under Part 7.

Section 98 applies to a notice under subsection (1) if the notice provides that it is a confidential document.