Commonwealth Consolidated Regulations

DEFENCE (INQUIRY) REGULATIONS 1985

- made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923

TABLE OF PROVISIONS

   PART I--PRELIMINARY

   1.      Name of Regulations [see Note 1]  
   2.      Commencement  
   3.      Interpretation  
   3A.     References to appointing authority  
   3B.     Application of Criminal Code  

   PART II--GENERAL COURTS OF INQUIRY

   4.      Interpretation of Part II  
   5.      Appointment of Courts  
   6.      Constitution  
   7.      President  
   7A.     Resignation as President of a General Court of Inquiry  
   7B.     Resignation from a General Court of Inquiry  
   8.      Assessors  
   9.      Secretary  
   10.     Procedure  
   11.     Conduct of inquiries in public or in private  
   12.     Summoning of witnesses  
   13.     Manner of taking evidence  
   14.     Duties of witnesses  
   15.     Appearances  
   16.     Copy of evidence affecting a person  
   17.     Powers in relation to documents or articles produced  
   18.     Preparation of report  
   19.     Role of assessors in relation to report  
   20.     Furnishing of report  
   20A.    Tabling of report  
   21.     Dissolution or reconstitution of Court on death etc of member  

   PART III--BOARDS OF INQUIRY

   22.     Interpretation of Part III  
   23.     Appointment of Boards  
   24.     Delegation of power to appoint Boards  
   25.     Power to make recommendations  
   26.     Constitution  
   27.     President  
   27A.    Resignation as President of a Board of Inquiry  
   27B.    Resignation from a Board of Inquiry  
   28.     Procedure  
   29.     Conduct of inquiries in private or in public  
   30.     Summoning of witnesses  
   31.     Manner of taking evidence  
   32.     Duties of witnesses  
   33.     Appearances and representation  
   34.     Copy of evidence affecting a person  
   35.     Senior officer affected by evidence  
   36.     Report of Board  
   37.     Dissolution or reconstitution of Board on death etc of member  

   PART IV--COMBINED BOARDS OF INQUIRY

   38.     Interpretation of Part IV  
   39.     Appointment of Boards  
   40.     Delegation of power to appoint Boards  
   41.     Power to make recommendations  
   42.     Constitution  
   43.     President  
   43A.    Resignation as President of a Combined Board of Inquiry  
   43B.    Resignation from a Combined Board of Inquiry  
   44.     Persons to assist Board  
   45.     Procedure, summoning of witnesses etc  
   46.     Conduct of inquiries in private or in public  
   47.     Report of Board  
   48.     Reconstitution of Combined Board of Inquiry on death etc of member  

   PART V--GENERAL PROVISIONS RELATING TO COURTS OF INQUIRY

   49.     Times and places for conduct of inquiries  
   50.     Informal procedures etc  
   51.     Legal practitioner assisting Court of Inquiry  
   52.     Statement by person affected  
   53.     Evidence by members of the Defence Force  
   54.     Exclusion of prospective witnesses  
   55.     Examination of witnesses  
   56.     False evidence  
   57.     Contempt of Courts of Inquiry  
   58.     Termination of appointment of member etc of Court of Inquiry  
   59.     Duties of Courts of Inquiry on lifting of suspension  
   60.     Fees and allowances  
   61.     Protection of Courts of Inquiry  
   62.     Directions regarding disclosure of evidence  
   63.     Disclosure of records or reports of Courts of Inquiry  
   64.     Protection of certain publications  
   66.     Re-opening of inquiry  
   67.     Duration and dissolution  

   PART 6--INQUIRY OFFICERS AND INQUIRY ASSISTANTS

   68.     Definitions  
   69.     Inquiry Officers and inquiry assistants  
   70.     Eligibility to be Inquiry officer or inquiry assistant  
   70A.    Appointment of Inquiry Officers and inquiry assistants  
   70B.    Power of Inquiry Officer  
   70C.    Power of inquiry assistant  
   71.     Procedure  
   72.     Conduct of inquiries in private  
   73.     Manner of taking evidence  
   74.     Duty to answer questions  
   74A.    Duty to produce document or article  
   75.     Report of Inquiry Officer  
   75A.    Completion of inquiry  
   76.     Re-opening of inquiry  
   77.     Duration and termination of appointment  
   78.     Application of provisions to Inquiry Officers and inquiry assistants  

   PART 7--INQUIRIES BY THE INSPECTOR-GENERAL OF THE AUSTRALIAN DEFENCE FORCE

           Division 1--Preliminary

   80.     Definitions  
   81.     Application of Divisions 1 to 6  
   82.     Inquiry Officers, Inquiry Assistants and Assistants IGADF  
   83.     Eligibility for appointment as Inquiry Officer, Inquiry Assistant or Assistant IGADF  
   84.     Role of Inquiry Officer  
   85.     Role of Assistant IGADF  
   86.     Role of Inquiry Assistant  
   87.     Directions to Assistant IGADF  

           Division 2--Starting an inquiry

   88.     Way of conducting inquiry  
   89.     Scope of inquiry  
   90.     Discretion not to inquire further  

           Division 3--Procedure for inquiry

   91.     Interpretation for Division 3  
   92.     Procedure  
   93.     Concurrent inquiries  
   94.     Conduct of inquiries in private  
   95.     Way of taking evidence  
   96.     Duty to answer questions  
   97.     Duty to produce document or thing  

           Division 4--Reporting

   99.     Interpretation for Division 4  
   100.    Report after inquiry by Inquiry Officer  
   101.    Further inquiry and report  
   102.    Record or report after inquiry by Inspector-General  

           Division 5--Change in inquiry personnel

   103.    Change in inquiry personnel  

           Division 6--Ending of inquiry

   104.    Ending of inquiry  
   105.    Duration and ending of appointments  

           Division 7--General provisions

   106.    Protection of submissions  
   107.    Application of general provisions to Inspector-General, Inquiry Officer, Inquiry Assistant and Assistant IGADF  

   PART 8--CHIEF OF THE DEFENCE FORCE COMMISSIONS OF INQUIRY

   108.    Interpretation  
   109.    Appointment of Commission of Inquiry  
   110.    Power to make recommendations  
   111.    Constitution  
   112.    President  
   113.    Resignation of President  
   114.    Resignation of member  
   115.    Procedure  
   116.    President may obtain information  
   117.    Conduct of inquiries in private or in public  
   118.    Summoning of witnesses  
   119.    Manner of taking evidence  
   120.    Duties of witnesses  
   121.    Appearances and representation  
   122.    Copy of evidence affecting a person  
   123.    Report of Commission  
   124.    Dissolution or reconstitution of Commission on death etc of member  

   PART 9--ANNUAL REPORT

   125.    Annual report on operation of these Regulations  
           SCHEDULE