Document ID: chunk:federal_register_of_legislation:C2021C00498:section:24
Version: federal_register_of_legislation:C2021C00498
Segment Type: section
Provision Reference: s 24
Character Range: 24011–25775

24  Hearings

Power to hold a hearing
 (1) For the purposes of its investigation, a Commission may hold a hearing at any place in Australia determined by the Commission.

Procedure at the hearing
 (2) Subject to this Act, the procedure at the hearing is as the Commission directs.
 (3) The presiding member must preside at the hearing.

Attendance by relevant Commonwealth judicial officer
 (4) The Commonwealth judicial officer in relation to whom an allegation of misbehaviour or incapacity is being investigated by the Commission may:
 (a) attend and participate in the hearing; and
 (b) be represented by a lawyer at the hearing.

Questioning of witness
 (5) At the hearing:
 (a) counsel assisting the Commission; and
 (b) the Commonwealth judicial officer in relation to whom the allegation is being investigated by the Commission; and
 (c) a lawyer representing that Commonwealth judicial officer; and
 (d) anyone else authorised by the Commission;
may, so far as the Commission thinks appropriate, question a witness on a matter the Commission thinks relevant to its investigation.
 (6) If a person who is a Commonwealth judicial officer or a former Commonwealth judicial officer is questioned under subsection (5), the person is not required to answer.

Private hearing
 (7) If the Commission holds all or part of a hearing in private, a person must not be present at the hearing or part unless the person:
 (a) is a member of the Commission; or
 (b) is counsel assisting the Commission; or
 (c) is the Commonwealth judicial officer in relation to whom the allegation is being investigated by the Commission; or
 (d) is a person whom the Commission has authorised to be present; or
 (e) is a lawyer representing someone described in paragraph (c) or (d).