New South Wales Consolidated Acts

NEW SOUTH WALES CRIME COMMISSION ACT 1985 - SECT 13

13 Hearings

(1) For the purposes of an investigation the Commission may hold hearings.

(2) A hearing shall be conducted by one or more members of the Commission, as determined by the Commission.

(3) At a hearing conducted by 2 or more members of the Commission:

(a) the member presiding is to be the Commissioner or (if the Commissioner is not conducting the hearing) an Assistant Commissioner determined by the Commissioner, and

(b) Schedule 2 is to apply, so far as it is capable of application, as if the hearing were a meeting of the Commission.

(4) At a hearing before the Commission:

(a) a person giving evidence may be represented by a legal practitioner, and

(b) if, by reason of the existence of special circumstances, the Commission consents to a person who is not giving evidence being represented by a legal practitioner-the person may be so represented.

(5) A hearing before the Commission shall be held in private and the Commission may give directions as to the persons who may be present during the hearing or a part of the hearing.

(6) Nothing in a direction given by the Commission under subsection (5) prevents the presence, when evidence is being taken at a hearing before the Commission, of:

(a) a person representing the person giving evidence, or

(b) a person representing, pursuant to subsection (4), a person who, by reason of a direction given by the Commission under subsection (5), is entitled to be present.

(7) Where a hearing before the Commission is being held, a person (other than a member, counsel assisting the Commission in relation to the matter that is the subject of the hearing or a member of the staff of the Commission approved by the Commission) shall not be present at the hearing unless the person is entitled to be present by reason of a direction given by the Commission under subsection (5) or by reason of subsection (6).

(8) At a hearing before the Commission for the purposes of an investigation:

(a) counsel assisting the Commission generally or in relation to the matter to which the investigation relates,

(b) any person authorised by the Commission to appear before it at the hearing, or

(c) any legal practitioner representing a person at the hearing pursuant to subsection (4),

may, so far as the Commission thinks appropriate, examine or cross-examine any witness on any matter that the Commission considers relevant to the investigation.

(9) The Commission may direct that:

(a) any evidence given before it,

(b) the contents of any document, or a description of any thing, produced to the Commission or seized pursuant to a search warrant issued under section 11,

(c) any information that might enable a person who has given or may be about to give evidence before the Commission to be identified or located, or

(d) the fact that any person has given or may be about to give evidence at a hearing,

shall not be published, or shall not be published except in such manner, and to such persons, as the Commission specifies, and the Commission shall give such a direction if the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.

(10) Where:

(a) a person has been charged with an offence before a court of the State, and

(b) the court considers that it may be desirable in the interests of justice that particular evidence given before the Commission, being evidence in relation to which the Commission has given a direction under subsection (9), be made available to the person or to a legal practitioner representing the person,

the court may give to the Commission a certificate to that effect and, if the court does so, the Commission shall make the evidence available to the court.

(11) Where:

(a) the Commission makes evidence available to a court in accordance with subsection (10), and

(b) the court, after examining the evidence, is satisfied that the interests of justice so require,

the court may make the evidence available to the person charged with the offence concerned or to a legal practitioner representing the person.

(12) A person who:

(a) is present at a hearing in contravention of subsection (7), or

(b) makes a publication in contravention of a direction given under subsection (9),

is guilty of an offence punishable, upon conviction, by a fine not exceeding 100 penalty units or imprisonment for a period not exceeding 2 years, or both.