Judicial Commissions Act 2024

A commission may give one or more of the following directions in respect of a hearing of a complaint if the commission is satisfied that it is desirable to do so because of the nature of the evidence to be considered, the subject matter of the complaint or for any other reason:that a hearing, or part of a hearing, must take place in private and specify the people who may be present at the private hearing; prohibit or restrict the publication of either or both of the following:evidence given at a hearing whether in public or private; the contents of a document lodged with, or received in evidence by, the commission; prohibit or restrict the disclosure to some, or all, of the people present at a hearing of either or both of the following:evidence given before the commission; the contents of a document lodged with, or received in evidence by, the commission.

In considering whether to give a direction under subsection (1), a commission must take as the basis of its consideration – that it is desirable that hearings be held in public; and that evidence given before, or the contents of documents lodged with or received in evidence by, the commission should be made available to the public and to all people present at the hearing – but must also consider any reasons given to the commission as to why the hearing should be held in private or why publication or disclosure of the evidence or the matter contained in the document should be prohibited or restricted.

A person must not be present at a hearing which, in accordance with this section, is to be held in private unless the person is – a member of the commission; or a member of the staff of the commission directed to be present; or the relevant judicial officer; or an Australian legal practitioner – assisting the commission; or representing the relevant judicial officer; or entitled to be present by virtue of a direction given under subsection (1)(a).