Western Australian Current Acts

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63 .         Witnesses at hearings of applications

        (1)         In this section —

        witness means a person who is given a notice under subsection (2).

        (2)         For the purposes of conducting a hearing under this Act, an assessor, on the application of a person who has been given notice of the hearing or on the assessor’s own initiative, may give a person a written notice that requires him or her to appear at the hearing and do one or both of the following —

            (a)         to give oral evidence;

            (b)         to produce any record that is described generally or specifically in the notice and that is in his or her possession or control.

        (3)         An assessor may administer an oath or affirmation to a witness.

        (4)         An assessor may ask a witness any question.

        (5)         A witness commits an offence if he or she, without a reasonable excuse, does not —

            (a)         appear in accordance with a notice given to the person under subsection (2); or

            (b)         take an oath or affirmation as required by an assessor; or

            (c)         give oral evidence or produce a record as required by an assessor.

        Penalty: $5 000.

        (6)         A witness who complies with a notice given to the witness under subsection (2) is entitled to a reasonable amount, decided by an assessor, in respect of any expenses incurred or earnings lost by the witness in so complying.

        (7)         If an amount is paid under subsection (6) in relation to a witness at a hearing that relates to an offence of which a person is convicted, an assessor may order the offender to pay the State the whole or part of the amount.

        (8)         Section 53 applies to an order made under subsection (7) as if the order were a compensation reimbursement order.

        [Section 63 amended: No. 5 of 2008 s. 34.]

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