Part 3Duties, powers, immunities, and privileges
Powers and duties of inquiry relating to procedure
14Regulation of inquiry procedure
An inquiry may conduct its inquiry as it considers appropriate, unless otherwise specified—
- by this Act; or
- in the terms of reference of the inquiry.
In making a decision as to the procedure or conduct of an inquiry, or in making a finding that is adverse to any person, an inquiry must—
- comply with the principles of natural justice; and
- have regard to the need to avoid unnecessary delay or cost in relation to public funds, witnesses, or other persons participating in the inquiry.
If an inquiry proposes to make a finding that is adverse to any person, the inquiry must, using whatever procedure it may determine, be satisfied that the person—
- is aware of the matters on which the proposed finding is based; and
- has had an opportunity, at any time during the course of the inquiry, to respond on those matters.
Without limiting subsections (1) to (3), an inquiry may determine matters such as—
- whether to conduct interviews, and if so, who to interview:
- whether to call witnesses, and if so, who to call:
- whether to hold hearings in the course of its inquiry, and if so, when and where hearings are to be held:
- whether to receive evidence or submissions from or on behalf of any person participating in the inquiry:
- whether to receive oral or written evidence or submissions and the manner and form of the evidence or submissions:
- whether to allow or restrict cross-examination of witnesses.