159   Special inquiries

(1988 Act, ss 82–85)

(1)  The Minister may, in the case of any matter relating to a Division of the Government Service or statutory body representing the Crown, direct such person as the Minister specifies in the direction to conduct a special inquiry into the matter.

(2)  A special inquiry may be conducted under this section into a matter involving the conduct or performance of a chief executive officer or a senior executive officer (whether or not the person has ceased to be such an officer).

(3)  A person conducting a special inquiry may enter the premises of any Division of the Government Service or statutory body representing the Crown in connection with the inquiry.

(4)  A person conducting a special inquiry has, for the purposes of the inquiry, the functions, protections and immunities conferred on a commissioner by Division 1 of Part 2 of the Royal Commissions Act 1923. If 2 or more persons are conducting a special inquiry, the person appointed to preside at the inquiry has, for the purposes of the inquiry, the functions conferred on the chairman of a commission by the Royal Commissions Act 1923.

(5)  The provisions of the Royal Commissions Act 1923 (except section 13 and Division 2 of Part 2) with necessary modifications apply:

(a)  to a special inquiry, and

(b)  to any witness or person summoned by or appearing before the inquiry.

(6)  If the person conducting a special inquiry agrees, an agent (including an Australian legal practitioner) may represent a person, Division of the Government Service or other body at the inquiry.

(7)  The person conducting a special inquiry is not bound by the rules of evidence and may be informed on any matter in issue at the inquiry in such manner as the person considers appropriate.

(8)  The person conducting a special inquiry may, in respect of a matter not dealt with by or under this Act, give directions as to the procedure to be followed at or in connection with the inquiry.

(9)  The person conducting a special inquiry must:

(a)  within such period as the Minister requires, prepare a report on the conduct and findings, and any recommendations, of the inquiry, and

(b)  immediately after preparing the report, provide the Minister with a copy of the report.

(10)  The Minister must cause a copy of the report, together with information as to any action taken or proposed to be taken in relation to the subject of the report, to be laid before each House of Parliament within 30 sitting days of that House after the day on which the Minister was provided with a copy of the report.