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This is a Bill, not an Act. For current law, see the Acts databases.
ROYAL COMMISSIONS BILL 1991
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Royal Commissions
Amendment Bill 2003
A Bill for
An Act to amend the
Royal Commissions Act
1991
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
1 Name of Act
This Act is the Royal Commissions Amendment Act 2003.
2 Commencement
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Act amended
This Act amends the Royal Commissions Act 1991.
4 Section 16
substitute
16 Presenting reports
(1) The Chief Minister may present a copy of a report or part of a report
submitted by a commission to the Legislative Assembly.
(2) The Chief Minister may make a report or part of a report public
whether or not the Legislative Assembly is sitting and whether or not the report
or part has been presented to the Assembly.
(3) The Chief Minister is not civilly or criminally liable in relation to
the publication of a report or part of a report.
5 Section 23
substitute
23 Procedure
In conducting its proceedings, a commission—
(a) must comply with the rules of natural justice; and
(b) is not bound by the rules of evidence but may inform itself of
anything in the way it considers appropriate; and
(c) may do whatever it considers necessary or convenient for the fair and
prompt conduct of the inquiry.
6 New section 35A
in division 4.4, insert
35A Proposed adverse comments in
reports
(1) The commission must not include a comment in a report of an inquiry
that is adverse to an entity who is identifiable from the report unless the
commission has, before making the report, given the entity a copy of the
proposed comment and a written notice under subsection (2).
(2) The written notice to the entity must—
(a) tell the entity that the entity may—
(i) make a submission to the commission in relation to the proposed
adverse comment; or
(ii) give the commission a written statement in relation to the proposed
adverse comment; and
(b) tell the entity that, if the entity makes a submission or gives a
written statement in relation to the comment, the submission or statement, or a
summary of it, will be included in the commission’s report of the inquiry;
and
(c) state the period within which a submission may be made or statement
given.
(3) The period allowed under subsection (2) (c) must end not earlier than
14 days after the day the notice is given.
(4) A copy of a submission made, or statement given, in relation to the
comment within the time allowed, must be included in the commission’s
report of the inquiry.
(5) However, if the board is satisfied on reasonable grounds that a
submission made, or statement given, in relation to the comment is excessively
long or contains defamatory or offensive language, the board may include a fair
summary of the submission or statement in the report of the inquiry instead of
the submission or statement.
7 Section 49
substitute
49 Publication of published proceedings, reports and
comments protected
(1) The proceedings of a hearing before a commission are taken to be a
proceeding of public concern for the Civil Law (Wrongs) Act 2002, section
60.
(2) Subsection (1) does not apply in relation to the publication of a
report of proceedings, or a part of proceedings, if a direction given under
section 28 (3) restricts publication of the proceedings or part of them and the
publication of the report contravenes the direction.
(3) A report of a commission that has been made public by the Chief
Minister is taken to be a public document for the Civil Law (Wrongs) Act
2002, section 61.
(4) A person is not civilly liable for a comment made honestly in relation
to a commission’s report of an inquiry.
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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