Judicial Commissions Act 2024

A council member, a member of the staff of the council or an authorised person may – inspect a document or thing produced before, or delivered to, the council; and retain possession of the document or thing for the period necessary for the purposes of the examination of the complaint to which the document or thing relates including, but not limited to, by any commission appointed in respect of the complaint; and make copies of, or take extracts from, such parts of the document, or thing, as are relevant to the examination of the complaint to which the document relates.

If a document is retained under subsection (1)(b) – the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a council member to be a true copy, and the certified copy must be received in all courts as evidence as if it were the original; and until the certified copy is supplied, the council must, at such times and places as it thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.

A commission member, a member of the staff of a commission or an authorised person may – inspect a document or thing produced before, or delivered to, the commission including, but not limited to, a document or thing provided to the commission by the council; and retain possession of the document or thing for such period as is necessary for the purposes of the inquiry into the complaint to which the document or thing relates; and make copies of, or take extracts from, such parts of the document, or thing, as are relevant to the inquiry into the complaint to which the document relates.

If a document is retained under subsection (3)(b) – the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a commission member to be a true copy and the certified copy must be received in all courts as evidence as if it were the original; and until the certified copy is supplied, the commission must, at such times and places as it thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.

The council or commission must return to a person a document, or thing, retained by the council, or commission, under this Act if – the person requests the return of the document or thing; and the document or thing is no longer necessary for the purposes of an examination of, or inquiry into, a complaint under this Act; and the council, or commission, is reasonably satisfied that the person is entitled to possession of the document or thing.