New South Wales Consolidated Acts

SPECIAL COMMISSIONS OF INQUIRY ACT 1983 - SECT 9

9 Limitations as to evidence

(1) As far as practicable, a Commissioner shall, in the course of a hearing in public, only receive evidence in accordance with this section.

(2) The Commissioner shall only receive evidence that appears to relate to a matter specified in the relevant commission.

(3) The Commissioner shall only receive as evidence, and (as far as practicable) only permit to be given in evidence, matter that, in the opinion of the Commissioner, would be likely to be admissible in evidence in civil proceedings.

(4) Despite subsection (3), the Commissioner is required, when preparing a report in connection with the subject-matter of the commission, to disregard (in the context of dealing under section 10 with offences that may or may not have been committed) evidence that, in the opinion of the Commissioner, would not be likely to be admissible in evidence in relevant criminal proceedings.

(5) For the purposes of this section, in determining whether evidence is admissible, regard is not to be had to parliamentary privilege to the extent that that privilege is waived by or under this Act or otherwise.