Commissions of Investigation Act 2004
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Advice and assistance. |
8.—(1) The chairperson of a commission or, if the commission consists of only one member, the sole member may, with the approval of the specified Minister given with the consent of the Minister for Finance— | |
(a) appoint persons with relevant qualifications and experience (including barristers and solicitors) to advise or assist the commission in relation to any matter within its terms of reference, and | ||
(b) determine the terms and conditions of their appointment. | ||
(2) The specified Minister may direct that a competitive tendering process be used in selecting persons with relevant qualifications and experience (including barristers and solicitors) for appointment under subsection (1). | ||
(3) The specified Minister may prepare guidelines that are to be followed if a direction is given to use a competitive tendering process. | ||
(4) Before directing that a competitive tendering process be used, the specified Minister shall consult with the chairperson of the commission concerned or, if the commission consists of only one member, with the sole member. | ||
(5) In considering whether to direct that a competitive tendering process be used, the specified Minister may have regard to— | ||
(a) the subject matter of investigation, | ||
(b) the time frame for the submission of the commission's final report to the specified Minister, | ||
(c) the qualifications and experience required for appointment, | ||
(d) the functions to be performed by the persons, | ||
(e) the likely costs of the performance of those functions, and | ||
(f) any other relevant factor. | ||
(6) Subject to subsection (8), the chairperson of a commission or, if the commission consists of only one member, the sole member may specify the functions to be performed by persons appointed under this section. | ||
(7) The functions specified under subsection (6) may include— | ||
(a) interviewing persons for the purpose of assessing the relevance or evidential value of information or documents they wish to provide to the commission, | ||
(b) interviewing persons as to the evidence they propose to give to the commission, | ||
(c) recording, in writing or otherwise, statements given and answers made by persons while being interviewed, | ||
(d) reporting to the commission on the results of those interviews, | ||
(e) requesting persons to provide the commission with written statements concerning any matter relevant for the purposes of the investigation and examining statements provided in response to the requests, and | ||
(f) providing the commission with any other advice or assistance required in relation to the investigation or the preparation of its reports. | ||
(8) A person appointed under this section may not administer oaths or take affirmations, but, if authorised by the commission to do so, may request a person interviewed as described in subsection (7) by him or her to sign a record of a statement made or answer given by that person during the interview. | ||
(9) When requesting that a record of a statement or answer be signed under subsection (8), a person appointed under this section shall inform the person to whom the request is made of the commission's powers— | ||
(a) under section 16 (1)(h) to give a direction in relation to the statement or answer, and | ||
(b) under section 17 to direct payment of costs for failure to comply with a direction under section 16 (1)(h). |