Disability Act 2006

For the purpose of a hearing in an accountability investigation, the Commissioner may serve written notice on a person requiring the person—

to produce a specified document or thing to the Commissioner before a specified time and in a specified manner; or

to attend the hearing at a specified time and place to produce any specified document or thing; or

to attend the hearing at a specified time and place, and from then on from day to day until excused, to give evidence; or

to attend the investigation at a specified time and place, and from then on from day to day until excused, to give evidence and to produce any specified document or thing.

On application under subsection (3), if a person with a disability is unable to attend the hearing, because of the person's disability, health or other personal circumstances, the Commissioner may agree that the person may give evidence—

by video link; or

by attending at another place agreed on by the Commissioner and the person.

A person with a disability on whom a notice to attend a hearing has been served under subsection (1) may apply to the Commissioner for an agreement under subsection (2).

The Commissioner must—

take all reasonable steps to mitigate any negative effect that the giving of evidence might have on a person with a disability; and

allow the person's guardian or next of kin to be present when the person with a disability gives evidence.

An investigation hearing notice—

must be in the prescribed form (if any); and

must contain the following information—

a statement that failure to comply with the notice without reasonable excuse is an offence, and stating the maximum penalty for that offence;

examples of what may constitute a reasonable excuse for failing to comply with the notice;

any other prescribed information.