Integrity Commission Act 2009

Except as provided in subclause (2), a hearing of an Integrity Tribunal is to be open to the public.

An Integrity Tribunal may do any or all of the following at a hearing if it considers that there are reasonable grounds for doing so:

make an order that the hearing be closed to the public;

make an order excluding any person from the hearing;

make an order prohibiting the reporting or other disclosure of all or any of the proceedings at the hearing or prohibiting the reporting or other disclosure of particular information in respect of the hearing.

If the Integrity Tribunal makes an order under subclause (2)(b), the Integrity Tribunal may determine who, other than the parties or their representative, may be present before it at any stage of the proceedings.

If an Integrity Tribunal holds a hearing, it is to serve a notice in writing, not less than 14 days before the date of the hearing, on the person who is the subject of the complaint and the principal officer of the relevant public authority requesting that that person attend the hearing.

An Integrity Tribunal may, by written notice served on a person, require that person to attend a hearing if in the opinion of the Integrity Tribunal that person appears to be material to the hearing.

A person who has been required by the Integrity Tribunal to attend a hearing must continue to attend the hearing from day to day until the Integrity Tribunal excuses that person from so attending.

An Integrity Tribunal may apply to a magistrate for a warrant to have a person referred to in subclause (1) or (2) apprehended and brought before the Integrity Tribunal.

A magistrate to whom an application under subclause (4) is made may issue a warrant if satisfied that the person who is the subject of the application –

has been served with a notice under subclause (1) or (2); and

has failed, without reasonable excuse, to attend before the Integrity Tribunal or produce any record, information, material or thing specified in the notice.

A warrant issued under this section authorises any police officer to –

apprehend the person named in the warrant and bring that person before the Integrity Tribunal that applied for the warrant; and

detain that person in custody to secure the person's attendance before that Integrity Tribunal.

A police officer executing a warrant issued under this section is, for that purpose, authorised to enter and search any place, building, vehicle or vessel, using such force as is reasonably necessary.

A person who is apprehended and detained in custody pursuant to a warrant issued under this section may apply to a judge of the Supreme Court to be released from custody.

The release of a person from custody under this section may be made subject to any conditions the judge considers appropriate.

An Integrity Tribunal has power to –

control its proceedings; and

maintain order at any hearing or other proceeding conducted by the Integrity Tribunal.

An Integrity Tribunal may request the Commissioner of Police to assist it in maintaining order at any hearing or other proceeding conducted by it.

The Commissioner of Police is authorised and required to accede to a request made under subclause (2).

An Integrity Tribunal may, by order, prohibit or restrict the public reporting of a hearing or the publishing of any evidence taken or received by it if it is satisfied that the public interest in the reporting of that hearing or the publishing of that evidence is outweighed by any other consideration, including public security, privacy of personal or financial affairs or the right of any person to a fair trial.

An order under subclause (1) is to be made during a hearing which is open to the public, and on making the order an Integrity Tribunal must state, in general terms, the reasons for making the order.