Provision of legal assistance to witnesses
151 Provision of legal assistance to witnesses
S. 151 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)).
Subject to subsection (3), a person appearing as a witness in an examination may apply to the prescribed person for legal assistance in connection with his or her appearance as a witness.
The prescribed person—
may approve an application made under subsection (1); and
may impose—
a limit on the legal assistance to be provided; and
any other condition on the approval.
S. 151(2A) inserted by No. 30/2016 s. 41.
The prescribed person, by instrument, may delegate to any employee or class of employees employed under Part 3 of the Public Administration Act 2004 any power of the prescribed person under this section.
Note
See sections 42 and 42A of the Interpretation of Legislation Act 1984.
If the IBAC certifies in writing that an application to the prescribed person referred to in subsection (1) would prejudice an investigation, the IBAC must nominate another appropriate person for the purposes of the witness in an examination seeking the provision of legal assistance under this section.
If the IBAC nominates a person under subsection (3), for the purposes of this section, a reference to the prescribed person is taken to be a reference to that nominated person.
For the purposes of this section, legal assistance means payment to an Australian legal practitioner or a prescribed person or body for legal advice and representation provided to a person appearing as a witness in an examination.
This provision refers to the regulations (prescribed person
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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