Adverse findings
217 Adverse findings
If a Commission of Inquiry proposes to make a finding that is adverse to a person, the Commission of Inquiry must be satisfied that the person—
is aware of the matters on which the proposed finding is based; and
has had an opportunity, at any time during the course of the inquiry, to respond on those matters.
A Commission of Inquiry must consider a person's response under subsection (1)(b) (if any) before making a finding that is adverse to the person.
If a Commission of Inquiry includes a finding that is adverse to a person in its report, the Commission of Inquiry must fairly set out the person's response under subsection (1)(b) (if any) in the report.
This Act’s bill:Explanatory memorandumSecond reading speech
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