Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, an inquiry by a Commission shall be held in public and evidence in
the inquiry shall be taken in public on oath or affirmation.
(2) Where a Commission
is satisfied that it is desirable to do so in the public interest by reason of
the confidential nature of any evidence or matter or for any other reason, the
Commission may —
(a)
direct that an inquiry or a part of an inquiry shall take place in private and
give directions as to the persons who may be present; or
(b) give
directions prohibiting or restricting the publication of evidence given before
the Commission or of matters contained in documents lodged with the
Commission.
(3) A Commission may
hold an inquiry or part of an inquiry outside Western Australia.
(4) A Commission may,
if it thinks fit, permit a person appearing as a witness before the Commission
to give evidence by tendering, and verifying by oath or affirmation, a written
statement.
(5) Where a Commission
considers that the attendance of a person as a witness before the Commission
would cause serious hardship to a person, the Commission may permit the person
to give evidence by sending to the Commission a written statement, verified in
such manner as the Commission allows.
(6) Where evidence is
given to a Commission by a written statement in accordance with
subsection (4) or (5), the Commission shall make available to the public
in such manner as the Commission thinks fit the contents of the statement
other than any matter the publication of which, in the opinion of the
Commission, would be contrary to the public interest by reason of its
confidential nature or for any other reason.
(7) Subject to this
section and the regulations —
(a) the
procedure to be followed at an inquiry by a Commission is within the
discretion of the Commission; and
(b) a
Commission is not bound by the rules of evidence.