(1)  If a Commission is satisfied that –

(a) an allegation of misconduct involving a person has been or should be made in its inquiry; and

(b) that person should be required, or is likely to be required, to give evidence in the inquiry in relation to the allegation –

the Commission must give that person notice of –

(c) the allegation; and

(d) the substance of the evidence, or nature and substance of anticipated evidence, supporting the allegation.

(2)  The notice is to be given a reasonable period, to be not less than 48 hours, before the person is called to give evidence in relation to the allegation.

(2A)  Subsection (2) does not apply in respect of a person given a notice under subsection (1) if –

(a) the allegation specified in the notice relates to misconduct by the person in respect of the giving, or presentation, of evidence in the inquiry; or

(b) the person waives the reasonable period, referred to in subsection (2) , in respect of the allegation specified in the notice.

(3)  A person who receives notice of an allegation of misconduct may respond to that allegation by doing all or any of the following:

(a) making oral or written submissions to the Commission;

(b) giving evidence to the Commission to contradict or explain the allegation or evidence, including the giving of oral evidence under examination by the person's counsel;

(c) cross-examining the person making the statement constituting the allegation or evidence;

(d) calling witnesses on matters relevant to the allegation or evidence.

(4)  For the purposes of subsection (3) –

(a) the Commission must allow the person a reasonable period in which to prepare the response; and

(b) the person may be represented by counsel as of right.

(5)  In determining what constitutes a reasonable period for the purposes of subsections (2) and (4)(a) , the Commission may have regard to such matters as it considers relevant in the circumstances.

(6)  A Commission must not make a finding of misconduct against a person unless the person has been given notice of the misconduct and an opportunity to respond to the notice in accordance with this section.