Document ID: chunk:federal_register_of_legislation:C2025C00049:section:75
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 75
Character Range: 117944–119357

75  Presence of others at private hearings

Legal practitioner representing witness
 (1) A legal practitioner representing a person is entitled to be present when the person is giving evidence at a hearing in private.

Presence of others
 (2) The Commissioner may determine that other persons may be present.

Witness to be informed if others are present
 (3) If the Commissioner determines that a person (other than a staff member of the NACC) is to be present while a witness is giving evidence at the hearing, the Commissioner must:
 (a) inform the witness that the person is to be present; and
 (b) give the witness an opportunity to comment on the person's presence.
 (4) If the Commissioner has determined that another person may be present, the person is entitled to be there even if:
 (a) the Commissioner fails to inform the witness of the person's presence; or
 (b) the witness comments adversely on the person's presence.

Offence—person present without authority
 (5) A person commits an offence if:
 (a) the person attends a hearing while evidence is being given in private at the hearing; and
 (b) the person is not:
 (i) the person giving evidence; or
 (ii) the legal practitioner representing the person giving evidence; or
 (iii) a staff member of the NACC; or
 (iv) a person the Commissioner has determined may be present while the person is giving evidence.
Penalty: Imprisonment for 2 years.