Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 55

55. (1) The Commission may, at any time after receiving a report under
subsection 53 (1) and before preparing a report under section 65, conduct an
inquiry into any matter arising out of the first-mentioned report.

(2) The Commission may hold the whole or any part of an inquiry in private if,
in the opinion of the Commission, it is necessary or desirable in the public
interest to do so.

(3) Where proceedings are held in private, the Commission may inform itself on
any matter in such manner as it thinks fit.

(4) Where proceedings are held in public:

   (a)  evidence in the proceedings must, subject to this subsection, be taken
        on oath or affirmation; and

   (b)  the Commission may, if it thinks fit, permit a person appearing as a
        witness to give evidence by tendering, and verifying by oath or
        affirmation, a written statement; and

   (c)  where the Commission considers that the attendance of a person as a
        witness would cause serious hardship to the person, the Commission may
        permit the person to give evidence by sending to the Commission a
        written statement, verified in such manner as the Commission directs;
        and

   (d)  where evidence is given by a written statement in accordance with
        paragraph (b) or (c), the Commission must make available to the public
        in such manner as the Commission thinks fit the contents of the
        statement, other than any matter as to which the Commission is
        satisfied that its publication would be contrary to the public
        interest by reason of its confidential nature or any other reason.

(5) Subject to this section:

   (a)  the procedure to be followed at an inquiry is within the discretion of
        the Commission; and

   (b)  the Commission is not bound by the rules of evidence.