Queensland Consolidated Acts

COMMISSIONS OF INQUIRY ACT 1950 - SECT 4A

4A Interaction of commission with courts etc.

(1) Whenever, by a commission of inquiry issued by the Governor, by and with the advice of the Executive Council of this State, under the Governor’s hand and the Public Seal of the State—

(a) a commission constituted by a judge of the Supreme Court, or whereof such a judge is chairperson, is appointed to make an inquiry; and

(b) the matter or matters into or with respect to which that inquiry is to be made includes or include any matter or matters, or the making directly or indirectly of inquiry into or with respect to any matter or matters, into or with respect to which a court, tribunal, warden, coroner, justice or other person (other than the Supreme Court or the Industrial Court and other than a judge of the Supreme Court or the president of the Industrial Court) is required or authorised under or pursuant to any enactment or law of this State to inquire;

then that court, tribunal, warden, coroner, justice or other person shall have no jurisdiction to and shall not make, continue or proceed with that inquiry thereinto.

(2) The Attorney-General may inform a court, tribunal, warden, coroner, justice or other person that the Governor in Council has under consideration the matter of the issue of such a commission of inquiry as is specified in subsection (1) to make an inquiry the matter or matters whereof will include—

(a) any matter or matters; or

(b) the making directly or indirectly of inquiry into or with respect to any matter or matters;

into or with respect to which that court, tribunal, warden, coroner, justice or other person is required or authorised under or pursuant to any enactment or law of this State to inquire.

(2A) The Attorney-General may so inform any of the aforesaid by the Attorney-General’s agent, by prepaid post letter, or by telegram.

(2B) The information shall be sufficiently given to a court or tribunal if it is given in any manner aforesaid to the registrar or clerk thereof or the person by whom it may be constituted, or, if it may be constituted by 2 or more persons, any of them.

(2C) Upon being informed as aforesaid a court, tribunal, warden, coroner, justice, or other person shall have no jurisdiction to and shall not make, continue or proceed with the inquiry to which the information relates during the period of 1 month next following the giving of the information or, if the commission of inquiry is issued before the expiration of that period, at all.

(3) A certificate by the Attorney-General stating that the matter or matters into or with respect to which inquiry is to be, is being, or has been made pursuant to such a commission of inquiry as is specified in subsection (1) includes or include—

(a) any matter or matters; or

(b) the making directly or indirectly of inquiry into or with respect to any matter or matters;

as specified in that certificate into or with respect to which the court, tribunal, warden, coroner, justice or other person mentioned in that certificate is required or authorised under or pursuant to the enactment or law of this State referred to in that certificate to inquire shall be admissible in evidence and shall be conclusive proof of all and every the matters aforesaid certified to therein.

(3AA) Such a certificate may be published in the gazette and thereupon and thereby shall be deemed to have been put in evidence before a court, tribunal, warden, coroner, justice or other person affected thereby (whether mentioned therein or not) and shall bind that court, tribunal, warden, coroner, justice or other person accordingly.

(3A) Every court, tribunal, warden, coroner, justice or other person referred to in subsections (1) to (2C) , including those courts and persons excluded by subsection (1) (b) shall take judicial notice of—

(a) the identity of the Attorney-General at the time information is given under subsection (2) or a certificate is made under subsection (3) ; and

(b) the signature of that Attorney-General on any notification of information given under subsection (2) ; and

(c) the authorisation by that Attorney-General of the giving of information under subsection (2) or the publication of a certificate under subsection (3) .

(4) A commission may continue to make and complete its inquiry and report and may do all such acts and things as are necessary or expedient for those purposes notwithstanding that any other proceedings may be in or before any court, tribunal, warden, coroner, justice or other person and notwithstanding any order made by a court with respect thereto.

(5) The provisions of this section apply according to their terms whether the inquiry (other than that to be made by a commission) or proceedings referred to therein commenced before or after the issue of the relevant commission of inquiry.