New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 70

70 Evidence and procedure

(1) In the exercise of an examining Commissioner's functions under this Part, the examining Commissioner is not bound by the rules or practice of evidence and can inform himself or herself on any matter in such manner as the examining Commissioner considers appropriate.

(2) The examining Commissioner is required to exercise the examining Commissioner's functions with as little formality and technicality as is possible, and, in particular, the examining Commissioner is required to accept written submissions as far as is reasonably possible and examinations are to be conducted with as little emphasis on an adversarial approach as is possible.

(3) Despite subsection (1), section 127 (Religious confessions) of the Evidence Act 1995 applies to any examination before an examining Commissioner.

(4) A requirement under this Part that a person appear (or be brought or be present) before an examining Commissioner is taken to be satisfied if the person appears before the examining Commissioner by way of audio visual link.

(5) Regulations may be made for or with respect to the use of audio visual links in proceedings before an examining Commissioner (including the taking of an oath or affirmation by such means).