28A   Power to summon witnesses, take evidence and obtain documents at inquiries

(1)  The President of the Board or the chairperson of a Professional Standards Committee may summon a person to appear at an inquiry conducted by the Board or the Committee to give evidence and to produce such documents (if any) as are specified in the summons.

(2)  The person presiding at the inquiry may require a person appearing at the inquiry to produce a document.

(3)  The Board or a Professional Standards Committee may, at an inquiry conducted by it, take evidence on oath and, for that purpose a member of the Board or Committee:

(a)  may require a person appearing at the inquiry to give evidence, to take an oath or to make an affirmation in a form approved by the person presiding, and

(b)  may administer an oath to, or take an affirmation from, a person appearing at the inquiry.

(4)  A person served with a summons to appear at any such inquiry and to give evidence must not, without reasonable excuse:

(a)  fail to attend as required by the summons, or

(b)  fail to attend from day to day unless excused, or released from further attendance, by a member of the Board or the Committee.

(5)  A person appearing at an inquiry to give evidence must not, without reasonable excuse:

(a)  when required to be sworn or affirm—fail to comply with the requirement, or

(b)  fail to answer a question that the person is required to answer by the person presiding, or

(c)  fail to produce a document that the person is required to produce under this section.

(6)  A member of the Board or a Professional Standards Committee may, by notice in writing served on a person, require the person:

(a)  to attend, at a time and place specified in the notice, before a person specified in the notice, being a member of the Board or the Committee or a person authorised by the Board or Committee in that behalf, and

(b)  to produce, at that time and place, to the person so specified a document specified in the notice.

(7)  A person who fails, without reasonable excuse, to comply with a notice served on the person under subsection (6) is guilty of an offence.

Maximum penalty: 20 penalty units.