Document ID: chunk:federal_register_of_legislation:F2018L00316:reg:23:p1
Version: federal_register_of_legislation:F2018L00316
Segment Type: reg
Provision Reference: reg 23 (pt 1/2)
Character Range: 19316–21944

23  Appearance at hearings of Commissions

Person likely to be materially adversely affected
 (1) If the President of a Commission considers that a person is likely to be materially adversely affected by the Commission's inquiry, the President:
 (a) may permit the person, or a representative of the person, to appear at any hearing of the Commission that is held in private; and
 (b) must permit the person, or a representative of the person, to appear at all or part of a hearing of the Commission that is held in public if all or that part of the hearing is likely to deal with matters that are likely to materially adversely affect the person.
 (2) If:
 (a) the President of the Commission permits a person, or a representative of a person, to appear at a hearing of the Commission under subsection (1); and
 (b) the President considers that the person is likely to be materially adversely affected by evidence given by a witness at the hearing;
the President must permit the person, or the representative of the person, to examine the witness at the hearing in relation to that evidence.

Deceased person
 (3) If the President of a Commission considers that the record or reputation of a deceased person is likely to be materially adversely affected by the Commission's inquiry, the President:
 (a) may permit a representative of the person to appear at any hearing of the Commission that is held in private; and
 (b) must permit a representative of the person to appear at all or part of a hearing of the Commission that is held in public if all or that part of the hearing is likely to deal with matters that are likely to materially adversely affect the person.
 (4) If:
 (a) the President of the Commission permits a representative of a deceased person to appear at a hearing of the Commission under subsection (3); and
 (b) the President considers that the deceased person's record or reputation is likely to be materially adversely affected by evidence given by a witness at the hearing;
the President must permit the representative of the deceased person to examine the witness at the hearing in relation to that evidence.

Examination questions
 (5) If the President of a Commission considers it proper to do so, the President may disallow any question put in an examination under subsection (2) or (4).

Services of legal officers
 (6) If:
 (a) a representative of a person is permitted to appear at a hearing of the Commission under subsection (1) or (3); and
 (b) the representative is a legal officer provided by the Director of Defence Counsel Services;
the services of the legal officer must be made available