New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 740

740 Public inquiries

(1) The Governor or the Minister may appoint a person as commissioner, or two or more persons as commissioners, to hold a public inquiry and to report to the Governor or the Minister with respect to:

(a) any matter relating to the carrying out of the provisions of this Act or any other Act conferring or imposing functions on a council, and

(b) any act or omission of a member of a council, any employee of a council or any person elected or appointed to any office or position under this or any other Act conferring or imposing functions on a council, being an act or omission relating to the carrying out of the provisions of the Act concerned, or to the office or position held by the member, employee or person under the Act concerned, or to the functions of that office or position.

(2) For the purposes of any inquiry under this section, any person appointed to hold the inquiry has the powers, authorities, protections and immunities conferred on a commissioner, and:

(a) if the person is the only person appointed to hold the inquiry-on a sole commissioner, or

(b) if the person is one of two or more persons appointed to hold the inquiry and has been appointed as chairman of the inquiry-on a chairman of a commission,

by Division 1 of Part 2 of the Royal Commissions Act 1923 .

(3) The provisions of section 24 of the Local Court Act 2007 applies to any witness or person summoned by or appearing before the person so appointed in the same way as it applies to witnesses and persons in proceedings under that Act.

(4) The provisions of the Royal Commissions Act 1923 (section 13 and Division 2 of Part 2 excepted) apply, with any necessary adaptations, to and in respect of any inquiry under this section and to and in respect of any witness or person summoned by or appearing before the person or persons holding the inquiry.

(5) The Minister is to cause the report of the person or persons who have held an inquiry under this section to be laid before both Houses of Parliament. If neither House of Parliament is sitting, section 14B of the Royal Commissions Act 1923 applies.