Inquiries Amendment Act 2003 (ACT)

Inquiries Amendment Act 2003

A2003-52

An Act to amend the Inquiries Act 1991

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Inquiries Amendment Act 2003.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Act amended

   This Act amends the Inquiries Act 1991.

4. Section 14A

   substitute

14APresenting reports

1. The Chief Minister may present a copy of a report or part of a report submitted by a board 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.

14BChief Minister to explain non-presentation of report

1. This section applies if—

   (a)a board submits a report to the Chief Minister under section 14A; and

   (b)the Chief Minister does not present a copy of the report to the Legislative Assembly or otherwise publish the report within the reporting period.

2. On the next sitting day after the end of the reporting period, the Chief Minister must present to the Legislative Assembly a written statement explaining why a copy of the report was not presented or otherwise published within the reporting period.

3. In this section:

   reporting period, for a report, means the shorter of the following periods:

   (a)either—

   (i)if there is a sitting day within 1 calendar month after the day the report is submitted by the board to the Chief Minister—1 calendar month after the day the report is submitted; or

   (ii)if there is no sitting day within 1 calendar month after the day the report is submitted by the board to the Chief Minister—the period ending on the 1st sitting day after the report is submitted;

   (b)the period ending on the 2nd last sitting day before the polling day for the next general election of members of the Legislative Assembly.

4. Section 18

   substitute

5. Procedure

   In conducting an inquiry, a board—

   (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 26A

   in division 3.2, insert

26AProposed adverse comments in reports

1. The board 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 board 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 board in relation to the proposed adverse comment; or

   (ii)give the board 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 board’s report of the inquiry; and

   (c)state the period within which a submission in relation to the comment 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 board’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.

6. Section 38

   substitute

7. Publication of published proceedings, reports and comments protected

8. The proceedings of a board of inquiry are taken to be a proceeding of public concern for the Civil Law (Wrongs) Act 2002, section 128.

9. 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 21 (3) restricts publication of the proceedings or part of them and the publication of the report contravenes the direction.

10. A board of inquiry report that has been made public by the Chief Minister is taken to be a public document for the Civil Law (Wrongs) Act 2002, section 129.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 28 August 2003.

2. Notification

   Notified under the Legislation Act on 3 December 2003.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Inquiries Amendment Bill 2003 which was passed by the Legislative Assembly on 25 November 2003.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2003