ROYAL COMMISSIONS ACT 1902 - SECT 6OB Power to hold private sessions

ROYAL COMMISSIONS ACT 1902 - SECT 6OB

Who may hold a private session

  (1)   If a Royal Commission is constituted by 2 or more members, the following persons may hold a private session for the Commission to obtain information in relation to matters into which the Commission is inquiring:

  (a)   the Chair of the Commission;

  (b)   a member who is authorised in writing by the Chair of the Commission;

  (c)   an Assistant Commissioner for the Commission.

  (2)   If a Royal Commission is constituted by a sole Commissioner, the following persons may hold a private session for the Commission to obtain information in relation to matters into which the Commission is inquiring:

  (a)   the sole Commissioner;

  (b)   an Assistant Commissioner for the Commission.

Assistant Commissioners

  (2A)   The Chair of a Royal Commission or the sole Commissioner (as the case may be) may, in writing, authorise a person to be an Assistant Commissioner for the sole purpose of holding private sessions for the Commission if:

  (a)   the person is a member of the staff of the Commission; and

  (b)   the Chair of the Commission or the sole Commissioner (as the case may be) considers that:

  (i)   the person has suitable qualifications and experience, and an appropriate level of seniority, to hold private sessions for the Commission; and

  (ii)   circumstances exist that justify the person holding private sessions for the Commission.

Number of persons who may hold a private session

  (3)   A private session held under subsection   (1) or (2) may be held only by one or 2 persons.

Conduct of a private session

  (4)   If a private session is held for a Royal Commission under subsection   (1), any member of the Commission or Assistant Commissioner holding the private session may (subject to the Letters Patent establishing the Commission and Division   3) determine any matters relating to the conduct of the private session, having regard to any directions given by the Chair of the Commission.

  (5)   If a private session is held for a Royal Commission under subsection   (2):

  (a)   in the case of the holding of the private session by the sole Commissioner--the sole Commissioner may (subject to the Letters Patent establishing the Commission and Division   3) determine any matters relating to the conduct of the private session; or

  (b)   in the case of the holding of the private session by an Assistant Commissioner--the Assistant Commissioner may (subject to the Letters Patent establishing the Commission and Division   3) determine any matters relating to the conduct of the private session, having regard to any directions given by the sole Commissioner.