CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 230
Special inquiries
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 230
Special inquiries
230 Special inquiries
(1) The Minister may direct that an inquiry be
conducted into any matter relating to the security, good order, control or
management of a correctional complex or correctional centre.
(2) The inquiry
is to be conducted by a Visiting Magistrate, or by such other person as the
Minister may appoint.
(3) For the purpose of conducting such an inquiry--
(a)
the person appointed to conduct the inquiry has and may exercise the powers,
authorities, protections and immunities conferred on a commissioner by
Division 1 of Part 2 of the Royal Commissions Act 1923 , and
(b) the
provisions of that Act (except for section 13 and Division 2 of Part 2) apply,
with any necessary adaptations--
(i) to and in respect of the inquiry, and
(ii) to or in respect of any witness or person summoned by or appearing before
the person so appointed.
(4) It is a reasonable excuse for the purposes of
section 11 (2) (a) of the Royal Commissions Act 1923 , as applied by
subsection (3) of this section, for a natural person--
(a) to refuse or fail
to answer a question put to the person at an inquiry, or
(b) to refuse or
fail to produce a document or other thing that the person is required to
produce at an inquiry,
that the answer to the question, or the production of
the document or other thing, tends to incriminate the person.
(5) The person
appointed to conduct the inquiry--
(a) is not bound by the rules of evidence,
but may inform himself or herself on any matter in such manner as the person
thinks appropriate, and
(b) may, in respect of a matter not dealt with by or
under this Act, give directions as to the procedure to be followed at or in
connection with the inquiry.
(6) The Minister must refer any report received
by the Minister arising from an inquiry under this section to the Inspector of
Custodial Services for comment.
