Public Works Committee Act 1989 (Qld)

230 P U BLIC WORKS COMMITTEE ACT No. 27 of 1989 ANALYSIS OF CONTENTS PART I-PRELIMINARY 1. Short title 2. Commencement 3. Interpretation 4. Act not to apply to specified constructing authority PART II-CONSTITUTION AND MEETINGS OF PARLIAMENTARY COMMITTEE OF PUBLIC WORKS 5. Constitution and appointment of Committee 6. Committee taken to be Select Committee 7. Term of Committee 8. Casual vacancies 9. Notice of appointment etc. 10. Declaration to be subscribed by member 11. Code of Conduct 12. Chairman and Deputy Chairman 13. Quorum and voting 14. Minutes 15. Meeting times 16. Evidence and procedure 17. Authentication of documents and writings PART III-FUNCTIONS AND POWERS OF THE COMMITTEE Division 1-Functions and Powers Generally 18. Functions of Committee 19. Incidental powers 20. Power to enter land etc. 21. Restriction on procurement of public work 22. Sub-committees 23. Continuance of evidence 24. Annual report 25. Committee to table report on each matter Division 2-Powers to Require Information 26. Power to obtain information 27. Power to obtain documents etc. 28. Privilege as regards information, documents, etc. 29. Certain evidence not admissible 30. Secrecy provisions of Financial Administration and Audit Act preserved 31. Self-incrimination 32. Powers exercisable whether or not hearings

231 Division 3-11earings by the Committee 33. Hearings 34. Public and private hearings 35. Power to summon witnesses and take evidence 36. Compellability of witnesses 37. Declaration as to objections by witness 38. Attendance of prisoner or patient before Committee 39. Reimbursement of witness' expenses 40. Power to prohibit publication of evidence given etc., at public hearing 41. Non disclosure or publication of evidence given etc., at private hearing 42. Record of hearings PART IV-CONTEMPT OF THE COMMITTEE 43. Contempt of the Committee 44. General provisions re contempt 45. Punishment of contempt PART V-MISCELLANEOUS PROVISIONS 46. Where Minister to report 47. Proceedings in which self-criminating evidence is admissible 48. Appointment of officers and experts 49. Allowances 50. Office not an office of profit under Crown 51. Financial provision 52. Application of Criminal Code 53. Service of documents 54. Protection from liability SCHEDULE

232 ANNO TRICESIMO OCTAVO ELIZAE) T AE SECT .r A tEGINAE N o. 2 7 1 989 An Act to provide f o r a Parliamentary Committee o f Public Works [ASSENTED TO 20TH APRIL, 1989]

Public Works Committee Act 1989, No. 27 233 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Public Works Committee Act 1989. 2. Commencement . (1) Section l and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act shall commence on a day appointed by Proclamation. The day so appointed is in this Act called the commencement of this Act. 3. Interpretation . (1) In this Act, unless the contrary intention appears- "chairman" means- in relation to the Committee, the chairman for the time being of the Committee; in relation to a sub-committee, the chairman for the time being of the sub-committee, and includes the deputy chairman or other temporary chairman when acting as the chairman; "Committee" means the Parliamentary Committee of Public Works for the time being constituted under this Act; "constructing authority" means- (a) the Crown; (b) any person, body or association (whether corporate or unincorporate) which represents the Crown; (c) a corporation sole or a body or association of persons (whether corporate of unincorporate) constituted by or under an Act being a corporation sole or a body or association that has control of funds and being a corporation sole the member of which, or being a body or association any of whose members- (i) is appointed thereto by an Act or by any Proclamation, Order in Council, legislation, rule, ordinance or by-law made under an Act; or (ii) is appointed thereto or is confirmed in his appointment thereto by the Governor in Council or by a Minister of the Crown, when such corporation sole or body or association of persons ( whether corporate or unincorporate) has undertaken , is undertaking or proposes to undertake a work, the cost of which has been , is being or is proposed

234 Public Works Committee Act 1989, No. 27 to be met out of moneys appropriated by the Legislative Assembly or the proceeds of a financial arrangement within the meaning of the StatutoryBodies FinancialArrangementsAct 1982-1988; (d) a local authority within the meaning of the Local Government Act 1936-1988 and the Brisbane City Council when the local authority or Council has undertaken, is undertaking or proposes to undertake a work the cost of which has been , is being, or is proposed to be met out of moneys appropriated by the Legislative Assembly; (e) any person, body or association ( whether corporate or unincorporate ), in which or to which the Crown or any person, body or association (whether corporate or unincorporate ) which represents the Crown- (i) has or will have any financial obligation or interest whether present, prospective or contingent; (ii) has granted or will grant any land or interest in land, or any other right, privilege , monopoly, concession, franchise or interest whatsoever; (iii) has contributed or will contribute any resources of whatever nature other than financial resources, pursuant to an agreement in respect of a work the provisions of which agreement upon the making of the agreement have the force of law as if they were an enactment of an Act and where- (iv) the value of the contribution pursuant to subparagraphs (i), (ii) or (iii) of the Crown or any person , body or association ( whether corporate orunincorporate) which represents the Crown exceeds the amount referred to in paragraph (a) of section 18 (1); and (v) the work becomes the absolute property of the State at the end of a period or on the occurrence of an event specified in the agreement, "Crown Law Officer" means the Attorney-General or the Solicitor- General; "inquire" includes examine and consider; "member" means a member of the Committee; "Minister" means the Premier and includes the Minister of the Crown who is temporarily performing the duties of the Minister; "Parliamentary Service" means the Parliamentary Service established under the Parliamentary Service Act 1988; "Parliamentary Service Commission" means the Parliamentary Service Commission established by the Parliamentary ServiceAct 1988;

Public Works Committee Act 1989, No. 27 235 "public work" means a work which has been, is being or is proposed to be undertaken by a constructing authority; "Speaker" means the Speaker for the time being of the Legislative Assembly or if there is no Speaker the Acting Speaker for the time being of the Legislative Assembly; "sub-committee" means a sub-committee for the time being appointed by the Committee; "work" means the whole and every part of any work, project, services, utility, undertaking or function and every intermediate stage of the development thereof from planning to completion including the acquisition of land, the engagement of professional consultants and the calling of tenders for the procurement thereof. The term also includes the repair, reconstruction or extension of a work. (2) In this Act, unless the contrary intention appears, where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings. 4. Act not to apply to specified constructing authority . (1) The Governor in Council may on the recommendation of the Minister, declare by Order in Council that this Act shall not apply to a .constructing authority specified therein. (2) The Minister may make a recommendation pursuant to subsection (1) only where he is satisfied that a constructing authority operates in a competitive commercial environment in carrying out its functions and responsibilities and it is in the public interest to so recommend. PART II-CONSTITUTION AND MEETINGS OF PARLIAMENTARY COMMITTEE OF PUBLIC WORKS 5. Constitution and appointment of Committee . (1) There shall be a Committee, to be called the "Parliamentary Committee of Public Works". (2) Forthwith after the commencement of this Act, and forthwith after the commencement of the first session of each Parliament after the commencement of this Act the Committee shall be appointed. (3) The Committee shall consist of seven Members of the Legislative Assembly who shall be appointed by the Legislative Assembly and of whom (a) not more than four shall be nominated for appointment by the Minister of the Crown who is recognised in the Legislative Assembly as the Leader of the House; and (b) not less than two shall be nominated by the Leader of the Opposition in the Legislative Assembly. (4) A Minister of the Crown shall not be a member of the Committee.

236 Public Works Committee Act 1989, No. 27 (5) The practice of the Legislative Assembly in relation to the appointment of members of Select Committees to the extent that that practice does not conflict with the provisions of this Act shall apply in respect of the appointment of members of the Committee. 6. Committee taken to be Select Committee . Subject to this Act, the Standing Rules and Orders of the Legislative Assembly relating to Select Committees shall apply in relation to the Committee and the conduct of its business as if the Committee were a Select Committee of the Assembly. 7. Term of Committee . (1) The members of the Committee shall go out of office upon the dissolution or expiration of the term of the Legislative Assembly. (2) Subsection (1) does not prevent a member being re-appointed a member of the Committee. 8. Casual vacancies . (1) The seat of a member of the Committee shall become vacant if- (a) he dies; (b) he delivers to the Speaker or, if the office of the Speaker is vacant, to The Clerk of the Parliament, his resignation in writing signed by him; (c) he ceases to be a member of the Legislative Assembly; (d) he becomes a Minister of the Crown; (e) he is absent without the approval by resolution of the Committee from three consecutive duly summoned meetings of the Committee; (f) he is removed from office by resolution of the Legislative Assembly. (2) Subject to section 5, the Legislative Assembly may appoint one of its members to fill a casual vacancy in the membership of the Committee. 9. Notice of appointment etc. Notice of the appointment of a member to the Committee and of a member's ceasing to hold office on the Committee otherwise than upon the dissolution of or the expiration of the term of the Legislative Assembly shall be published in the Gazette. 10. Declaration to be subscribed by member . A member shall, before proceeding to discharge the duties of his office, make and subscribe before the Speaker a declaration of office in accordance with the form in the Schedule. 11. Code of Conduct . The Legislative Assembly may, from time to time, by resolution adopt a Code of Conduct of members and every member shall comply with the provisions of such code. 12. Chairman and Deputy Chairman . (1) Upon each appointment of the Committee, the members shall appoint a member to be chairman

Public Works Committee Act 1989, No. 27 237 of the Committee and another member to be deputy chairman of the Committee. (2)- (a) The chairman shall preside at all meetings of the Committee at which he is present. (b) In the absence of the chairman, the deputy chairman shall preside at meetings of the Committee at which he is present. (c) In the absence of the chairman and the deputy chairman at any meetings at which a quorum is present, the members in attendance may appoint one of their number then present to be temporary chairman during that absence. (3) A person who pursuant to subsection (2) (b) or (c) presides at a meeting of the Committee may act as chairman and shall have all the powers conferred on the chairman by this Act. 13. Quorum and voting . (1) Subject tosubsection (2), four members of the Committee shall form a quorum thereof. (2) When the Committee meets for the consideration of a proposed report to the Legislative Assembly, the quorum shall consist of not less than five members. (3) All questions to be decided by the Committee shall be decided by a majority of the votes of the members present. (4) The chairman shall have a deliberative vote and, in the event of any equality of votes, shall also have a casting vote. 14. Minutes . The Committee shall keep full minutes of the proceedings of every meeting thereof. 15. Meeting times. The Committee may sit and transact business at any time while the Legislative Assembly is not sitting and, with the leave of the Legislative Assembly, at any time while the Legislative Assembly is sitting. 16. Evidence and procedure . The Committee is not bound by the rules or practice as to evidence and may exercise its functions without formality or technicality and may inform itself on any matter in such manner as it considers appropriate. 17. Authentication of documents and writings . Any document or other writing that requires authentication by the Committee shall be sufficiently authenticated if signed by the chairman. PART III-FUNCTIONS AND POWERS OF THE COMMITTEE Division 1-Functions and Powers Generally 18. Functions of Committee . (1) The functions of the Committee are that it shall inquire into and report to the Legislative Assembly in writing as expeditiously as possible on such public works- (a) as the Committee thinks fit where the cost or the estimated cost of a work exceeds $2,000,000 or that sum as it is

238 Public Works Committee Act 1989, No. 27 adjusted from time to time in accordance with subsection (3); (b) as are referred to the Committee by- (i) resolution of the Legislative Assembly; (ii) Order in Council, being public works in respect of which the procurement thereof commenced on or after 1 December 1987 or is to commence after the commencement of this Act. (2) Notwithstanding subsection (1), a resolution of the Legislative Assembly or an Order in Council pursuant to paragraph (b) thereof, may specify a period of time within which the Committee is required to make a report to the Legislative Assembly on that public work. (3) The sum of $2,000,000 referred to in paragraph (a) of subsection (1) shall be adjusted as at l July in each year after 1989 in accordance with the movement in the Price Index of Materials Used in Building, Other than House Building-All Groups, Brisbane, for the preceding 12 months ending on 30 June. (4) Where it appears to the Committee that a public work, the cost or the estimated cost of which did not or does not exceed the sum referred to in subsection (1), is an integral part of a public work which is planned to be, proposed to be or could be completed in stages the total cost of which would exceed that sum, then notwithstanding that the cost or the estimated cost of the first mentioned public work did not or does not exceed the sum referred to in subsection (1), the Committee may inquire into and report on the whole or any part of the first or second mentioned public works or both as it thinks fit in accordance with this Act. (5) Without in any way limiting the Committee in the performance of its functions pursuant to subsection (1), in inquiring into and reporting on a public work, the Committee may have regard to and report on- (a) the stated purpose of the work and its apparent suitability for that purpose; (b) the necessity for the work and the advisability of carrying out the work; (c) the value for money achieved or likely to be achieved in carrying out the work; (d) the revenue produced by and the recurrent costs of the work or the estimates thereof or both; (e) the present and prospective public value of the work including consideration of the impact of the work on the environment, the economy and the community generally; (f) the procurement methods proposed or used for the work; (g) the balance of public and private sector involvement in the work; (h) the performance of- (i) the construction authority undertaking the work; (ii) the consultants and contractors implementing or assisting in implementing the work,

Public Works Committee Act 1989, No. 27 239 with particular reference to the time taken for the completion of the various stages of the work and the cost and quality thereof; (i) the actual suitability and performance of the work in meeting the needs and in achieving the purpose for which it was procured, in so far as the foregoing are appropriate to the stage to which the work has progressed. (6) The function of the Committee shall not extend to inquire into and report in respect of any matter of general public works policy of the Government unless that matter has been referred to it by resolution of the Legislative Assembly or by Order in Council. 19. Incidental powers. The Committee has power to do all acts and things necessary to be done for or in connexion with or reasonably incidental to the discharge of any of its functions and the conferment by this Act on the Committee of any specific powers shall not be taken to limit by implication the generality of this section. 20. Power to enter land etc. The Committee or, where authorised by the Committee, a member or other person acting on behalf of the Committee may- (a) enter and inspect any land building or place; (b) inspect any material or thing on the land or in the building or place, upon not less than seven days notice in writing given by the Committee or that member or person, as the case may be, to the occupier of the land, building or place or if there be no occupier thereof then to the owner. 21. Restriction on procurement of public work . Notwithstanding any other Act to the contrary, where the resolution of the Legislative Assembly or the Order in Council which refers a public work to the Committee so directs, procurement of that public work shall not begin until the Committee has inquired into and reported to the Legislative Assembly in respect of that work. 22. Sub - committees . (1) The Committee may appoint sub-committees of not less than three members of the Committee, of whom two shall be appointed by the Committee as chairman and deputy chairman respectively of the sub-committee, to inquire into and report to the Committee upon such matters with which the Committee is concerned as the Committee directs. (2) A majority of the members of a sub-committee shall constitute a quorum. (3) A question arising at a meeting of a sub-committee shall be determined by a majority of the votes of the members of the sub- committee present and voting and, in the event of an equality of votes, the chairman shall have an additional or casting vote.

240 Public Works Committee Act 1989, No. 27 (4) In addition to any other express provision of this Act applicable to a sub-committee, for the purposes of subsection (1), sections 14, 15, 16, 17, 19, 20, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41(1), 41(2), 41(4), 42, 43, 44, 45, 48, 49, 50, 52 and 54 apply in relation to a sub-committee in like manner as they apply in relation to the Committee and for the purposes of those sections as so applying, a reference to the chairman shall be read as a reference to the chairman of the sub-committee. (5) A sub-committee shall inquire into and report in writing to the Committee on each matter referred to the sub-committee by the date specified by the Committee in its reference of the matter to the sub- committee or if no date is specified then as soon as practicable. If a member of a sub-committee dissents from the determination of the sub-committee, the report shall include a report of the views of that member. (6) The Committee may adopt a report of a sub-committee or reject the report or adopt the report with variations. (7) A sub-committee may, with the leave of the Committee, sit at any time notwithstanding that the Committee is sitting at the same time. 23. Continuance of evidence . Where the Committee or sub-committee as constituted at any time has taken evidence in relation to a matter, but the Committee or sub-committee as so constituted has ceased to exist before reporting on the matter, the Committee or, as the case may be, sub-committee as constituted at any subsequent time, whether during the life of the same Parliament or of another Parliament may consider that evidence as if it had been given before it. 24. Annual report. By such date as the Legislative Assembly by resolution determines, or in the absence of such a determination, as soon as practicable after the end of each year ending with 30 June- (a) the Committee shall prepare a report in writing on the operations of the Committee during that year; and (b) the chairman of the Committee shall lay the report before the Legislative Assembly. 25. Committee to table report on each matter . (1) Within 14 sitting days of the chairman of the Committee signing a report upon any matter with which the Committee is concerned the report shall be tabled in the Legislative Assembly. (2) If, at the time at which the Committee' seeks to report to the Legislative Assembly in accordance with subsection (1), the Legislative Assembly is not sitting, the Committee shall transmit its report to The Clerk of the Parliament.

Public Works Committee Act 1989, No. 27 241 (3) Where the Committee has, in accordance with subsection (2), transmitted a report to The Clerk of the Parliament, the report shall- (a) be deemed to have been transmitted to the Legislative Assembly and to have been tabled before the Legislative Assembly; (b) be printed by the authority of The Clerk of the Parliament; (c) be deemed to be a document published by order or under the authority of the Legislative Assembly; and (d) be recorded in the Votes and Proceedings of the Legislative Assembly on the first sitting day of the Legislative Assembly after receipt of the report by The Clerk of the Parliament. Division 2-Powers to Require Information 26. Power to obtain information . (1) For the purposes of an inquiry the Committee may, by notice in writing served on a constructing authority, department, statutory body, agency of the State, public official or any person or body having a connexion with the procurement of the public work the subject of the inquiry require the constructing authority, department, statutory body, agency of the State, public official or any person or body having a connexion with the procurement of the public work the subject of the inquiry to produce a statement of information relevant to that inquiry. (2) A notice under subsection (1) shall- (a) specify or describe the general nature sought; (b) fix a time and place for compliance; and (c) specify the member or members or other person assisting the Committee to whom the statement of information is to be produced. (3) A notice under subsection (1) may provide that its requirement may be satisfied by some person acting on behalf of the constructing authority, department, statutory body, agency of the State, public official or any person or body having a connexion with the procurement of the public work the subject of the inquiry. 27. Power to obtain documents etc. (1) For the purposes of an inquiry the Committee may, by notice in writing served on a person, require the person- (a) to attend, at a time and place specified in the notice, before the Committee or a specified member or members or other person assisting the Committee; and (b) to produce at that time and place to the Committee or the specified member or members or other person assisting the Committee a document or thing specified in the notice.

242 Public Works Committee Act 1989, No. 27 (2) A notice under subsection (1) may provide that its requirement may be satisfied by some other person acting on behalf of the person to whom the notice is directed. 28. Privilege as regards information , documents , etc. (1) This section applies where under section 26 or 27 the Committee requires a person or body (a) to produce a statement of information; or (b) to produce a document or thing. (2) The Committee shall set aside the requirement if it appears to the Committee that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist a like requirement and it does not appear to the Committee that the person consents to compliance with the requirement. 29. Certain evidence not admissible . The Committee is not authorized to require the production to the Committee of any information (whether by way of oral or written statement or the production of any book, document, writing, record, property or thing) where that information has been certified by a Crown Law Officer to be information which, if it were sought in a court, would be a proper matter in respect of which to claim Crown privilege. 30. Secrecy provisions of Financial Administrationand Audit Act preserved . The Committee is not authorized to require any person to act in breach of any provision of the Financial Administration andAudit Act 1977-1988 which casts a duty to preserve secrecy with respect to any matter or thing. 31. Self- incrimination . (1) This section applies where the Committee requires a person (a) to produce a statement of information; (b) to produce a document or thing; or (c) to answer any question. (2) A person shall not be required to produce the statement of information, document or other thing or answer any question if he objects to its production or to answering the question on the ground that it tends to incriminate him. (3) A statement, document or thing (if produced) or an answer (if given) may however be used for the purposes of the inquiry concerned, notwithstanding any such objection. 32. Powers exercisable whether or not hearings . Powers may be exercised under sections 26, 27 and 31 in relation to an inquiry whether or not a hearing before the Committee is being held for the purposes of the inquiry.

Public Works Committee Act 1989, No. 27 243 Division 3-Hearings by the Committee 33. Hearings . For the purposes of an inquiry, the Committee may hold hearings. 34. Public and private hearings . (1) A hearing shall be held in public, unless the Committee directs that the hearing be held in private. (2) If the Committee directs that a hearing be held in private, the Committee may direct as to the persons who may be present at the hearing. (3) At a hearing held in public, the Committee may direct that the hearing or part of the hearing be held in private and direct as to the persons who may be present at the hearing of that part. (4) The Committee shall not give a direction under this section that a hearing or part of a hearing be held in private unless the Committee is satisfied that it is desirable to do so in the public interest for reasons connected with the subject-matter of the inquiry or the nature of the evidence to be given. 35. Power to summon witnesses and take evidence . (1) The chairman may summon a person to appear before the Committee at a hearing at a time and place named in the summons- (a) to give evidence; or (b) to produce such documents or things as are referred to in the summons, or both. (2) The chairman may require a person appearing at the hearing to produce a document or thing. (3) The Committee may, at a hearing, take evidence on oath or affirmation and for that purpose- (a) the chairman may require a person appearing at the hearing to give evidence either to take an oath or to make an affirmation in a form prescribed by law or, if in a particular case that form is inappropriate, in a form approved by the chairman; and (b) the chairman or a person authorized for the purpose by the chairman, may administer an oath or affirmation to a person appearing at the hearing. (4) A witness who has been summoned to attend before the Committee shall appear and report himself from day to day, unless the witness is excused from attendance, until the witness is released from further attendance by the chairman. (5) A person who, without being so excused or released, fails to appear and report shall be taken to have failed to appear before the Committee in obedience to the summons.

244 Public Works Committee Act 1989, No. 27 36. Compellability of witnesses . (1) Except when otherwise provided by sections 29, 30 and 31, a witness summoned to attend or appearing before the Committee at a hearing is not entitled to refuse (a) to be sworn or to make an affirmation; (b) to remain silent with respect to any matter relevant to the matter under inquiry when the chairman requires the witness to give evidence with respect to that matter; (c) to answer any question relevant to the matter under inquiry that is put to the witness by a member; or (d) to produce any document or thing relevant to the matter under inquiry in the witness' custody or control that the witness is required by the summons or by the chairman to produce. (2) A witness summoned to attend or appearing before the Committee at a hearing is not excused from (a) giving evidence with respect to any matter relevant to the matter under inquiry when the chairman requires the witness to give evidence with respect to that matter; or (b) answering any question or producing any document or thing relevant to the matter under inquiry, on any ground of privilege , on the ground of a duty of secrecy or other restriction on disclosure or on any other ground except where section 29, 30 or 31 applies. (3) Any evidence given, answer made or document or thing produced by a witness at a hearing before the Committee is not (except as otherwise provided in this section ) admissible in evidence against the witness in any civil or criminal proceedings. (4) Nothing in this section makes- (a) any evidence , answer, document or thing inadmissible in proceedings for an offence referred to in section 47 or in proceedings for contempt under this Act; (b) any evidence , answer, document or thing inadmissible in any civil or criminal proceedings if the witness has not objected to giving the evidence, making the answer or producing the document or other thing at the hearing before the Committee irrespective of the provisions of subsection (3); (c) any document or thing inadmissible in any civil proceedings for or in respect of any right or liability conferred or imposed by the document or other thing; (d) any document or thing inadmissible in any criminal proceedings where that document or thing is produced in those proceedings by a person who has custody of that document or thing otherwise than on behalf of the Committee.

Public Works Committee Act 1989, No. 27 245 37. Declaration as to objections by witness . At a hearing of the Committee the chairman may declare that the whole or specified parts of evidence given by a witness or that all or any classes of answers given by a witness or that all or any classes of documents or other things produced by a witness will be regarded as having been given or produced on objection by the witness, and there is accordingly no need for the witness to make objection in respect of each part of evidence or each answer, document or other thing. 38. Attendance of prisoner or patient before Committee . (1) Where the chairman requires the attendance before the Committee of- (a) a prisoner, the chairman may, by writing under his hand served on the appropriate general manager, direct the general manager to produce the prisoner named or described in the iting at the time and place stated therein; (b) a patient detained in a hospital pursuant to the Mental Health Services Act 1974 or that Act as amended and in force for the time being, the chairman may, by writing under his hand served on the appropriate hospital administrator, direct the hospital administrator to produce the patient named or described in the writing at the time and place stated therein. (2) A direction served under subsection (1) is sufficient warrant or authority to the general manager or hospital administrator for producing such prisoner or patient, as the case may be, who shall be produced accordingly. (3) In this section the term "prisoner " and the term " general manager " has the meaning assigned to the term by the CorrectiveServices Act 1988 and the term "hospital " and the term "hospital administrator " has the meaning assigned to the term by the Mental Health Services Act 1974-1988. 39. Reimbursement of witness ' expenses . A witness appearing before the Committee shall be paid in respect of the expense of the witness' attendance an amount ascertained from a scale of expenses which shall be determined by the Parliamentary Service Commission from time to time. 40. Power to prohibit publication of evidence given etc., at public hearing. (1) Subject to subsection (2), the Committee may order that the whole or any part of (a) any evidence given; (b) the contents of any book, document, writing or record produced, before the Committee at a public hearing shall not be published where the Committee is of the opinion that it is desirable in the public interest to so order for reasons connected with the subject matter of the inquiry or the nature of the evidence given.

246 Public Works Committee Act 1989, No. 27 (2) Nothing in subsection (1) prohibits- (a) the publication of- (i) any evidence given; (ii) the contents of any book, document, writing or record produced, before the Committee at a public hearing that has already been lawfully published; (b) the publication by a person of a matter of which he has become aware otherwise than by reason, directly or indirectly of the giving of evidence or the production of any book, document, writing or record before the Committee at a public hearing. 41. Non disclosure or publication of evidence given etc., at private hearing. (1) Subject to this section, where- (a) evidence is given; (b) any book, document, writing or record is produced, before the Committee at a private hearing, a person including a member shall not disclose or publish or permit or cause to be disclosed or published the whole or any part of- (c) that evidence; (d) the contents of any such book, document, writing or record, without the prior written approval of the Committee and the person giving that evidence or producing the book, document writing or record. (2) Subsection (1) does not apply to a person who for the purposes of section 42- (a) makes a record of the proceedings of a private hearing of the Committee; (b) makes a transcript of a record of the proceedings of a private hearing of the Committee, where that person discloses- (c) evidence given; (d) the contents of any book, document, writing or record produced, before a private hearing of the Committee only for the purposes of making that record or transcript. (3) Nothing in subsection (1) prohibits the Committee or a sub- committee from each disclosing to the other- (a) any evidence given; (b) the contents of any book, document, writing or record produced, at a private hearing of either of them.

Public Works Committee Act 1989, No. 27 247 (4) Nothing in subsection (1) prohibits- (a) the disclosure or publication of- (i) any evidence given; (ii) the contents of any book, document, writing or record produced, before the Committee at a private hearing that has already been lawfully disclosed or published; (b) the disclosure or publication by a person of a matter of which he has become aware otherwise than by reason, directly or indirectly of the giving of evidence or the production of any book, document, writing or record before the Committee at a private hearing. (5) Notwithstanding subsection (1), the Committee may in respect (a) any evidence given; (b) the contents of any book, document, writing or record produced, before the Committee at a private hearing or before a sub-committee at a private hearing and disclosed to the Committee by that sub- committee pursuant to subsection (3), form any opinion or come to any finding of fact thereon or based thereon and may express that opinion or finding in its report to the Legislative Assembly. 42. Record of hearings . The proceedings of every hearing of the Committee under this Act shall be recorded by the Parliamentary Service in such manner as the Committee may from time to time direct and a transcript of the record shall be made as soon as may be practicable thereafter. PART IV-CONTEMPT OF THE COMMITTEE 43. Contempt of the Committee. (1) For the purposes of this section and sections 44 and 45- "offender" means a person guilty or alleged to be guilty of contempt of the Committee. (2) A person who (a) having been served with a summons to attend before the Committee, fails to attend in obedience to the summons; (b) having been served with a summons to attend before the Committee, fails to produce any document or thing in his custody or control that he is required by the summons to produce except where the Committee is not authorized to require such production or by this Act he is entitled to refuse to make such production; (c) being called or examined as a witness before the Committee, refuses to be sworn or to make an affirmation or refuses or fails to answer any question put to him by the chairman

248 Public Works Committee Act 1989, No. 27 being a question which by this Act he is not entitled to refuse to answer; (d) wilfully threatens or insults- (i) the chairman or a member or officer of the Committee; (ii) a witness or person summoned to attend before the Committee; (iii) a person authorized to appear before the Committee; (e) by writing or speech uses words that are false and defamatory of the Committee, the chairman or a member of the Committee; (f) misbehaves himself before the Committee; (g) interrupts the proceedings of the Committee; (h) obstructs or attempts to obstruct the Committee, or the chairman or a member of the Committee or a person acting under the authority of the Committee or the chairman in the exercise of- (i) any lawful function relating to the affairs of the Committee; (ii) any lawful entry and inspection of any land building or place or the inspection of any material or thing on the land or in the building or place; (i) publishes or causes or permits to be published any evidence given before the Committee or any of the contents of a book, document, writing or record produced at a hearing, which the Committee has ordered not to be published; (j) except as provided by this Act, discloses or publishes or causes or permits to be disclosed or published the whole or any part of- (i) evidence given; (ii) the contents of any book, document, writing or record produced, before the Committee at a private hearing; or (k) does any other thing that , if the Committee were a court of law having power to commit for contempt , would be contempt of that court, is guilty of contempt of the Committee. 44. General provisions re contempt . ( 1) In the case of an alleged contempt of the Committee , the chairman may summon the offender to appear before the Committee at a time and place named in the summons to show cause why the offender should not be dealt with under section 45 for the contempt. (2) If the offender fails to attend before the Committee in obedience to the summons and no reasonable excuse that satisfies the chairman is offered for the failure, the , chairman may, on proof of service of the

Public Works Committee Act 1989, No. 27 249 summons, issue a warrant to arrest the offender and bring the offender before the chairman to show cause why the offender should not be dealt with under section 45 for the contempt. (3) If a contempt of the Committee is committed in the face or hearing of the Committee, no summons need be issued against the offender, but the offender may be taken into custody then and there by a member of the Police Force and called upon to show cause why the offender should not be dealt with under section 45 for contempt. (4) The chairman may issue a warrant to arrest the offender while the offender is before the chairman, whether or not already in custody under this section, and to bring the offender forthwith before the Supreme Court. (5) A warrant issued under subsection (4)- (a) shall be accompanied by either the instrument by which the chairman certifies the offender's contempt to the Supreme Court or a written statement setting out the particulars of the alleged contempt; (b) is lawful authority for detention of the offender in prison or elsewhere pending his being brought before the Supreme Court; and (c) may be revoked by the chairman at any time before the offender is brought before the Supreme Court under the warrant. (6) When the offender is brought before the Supreme Court, the court may, pending determination of the matter, direct that the offender be kept in such custody as the court determines or that the offender be released, either conditioned to secure the offender's appearance before the court as the court may order or unconditionally. 45. Punishment of contempt. (1) A contempt of the Committee under section 43 may be punished in accordance with this section. (2) The chairman may certify the contempt in writing to the Supreme Court. (3) Where the chairman certifies the contempt of a person to the Supreme Court- (a) the Supreme Court shall thereupon hear and determine the matter of the alleged contempt; (b) after hearing any witnesses who may be produced against or on behalf of the person charged with the contempt and after hearing any statement that may be offered in defence, the Supreme Court (if satisfied that the person is guilty of the contempt) may punish or take steps for the punishment of the person in like manner and to the like extent as if the person had committed the contempt in or in relation to proceedings in the Supreme Court; 9

250 Public Works Committee Act 1989, No. 27 and (c) The Rules of the Supreme Court, as in force for the time being, shall, with any necessary adaptations, apply and extend accordingly. (4) The chairman's certificate of contempt is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. (5) Neither liability to punishment nor punishment under this section for contempt of the Committee under section 43 excuses the offender from attending before the Committee in obedience to any summons, and the chairman may enforce such attendance by warrant. (6) A person is not liable to be punished under this section if he establishes that there was reasonable excuse for the act or omission that constitutes the contempt. PART V-MISCELLANEOUS PROVISIONS 46. Where Minister to report . Where a report of the Committee recommends that a particular action be taken by the Government with respect to a matter, the appropriate responsible Minister of the Crown shall within the period of not more than three months after the report has been tabled or is deemed to have been tabled in the Legislative Assembly, or if at the expiration of that period the Legislative Assembly is not sitting, at the earliest opportunity after that period table a report in writing in the Legislative Assembly as to the action (if any) taken or proposed to be taken by the Government with respect to the recommendation of the Committee. 47. Proceedings in which self - criminating evidence is admissible. Proceedings in which any evidence, answer, document or thing is not made inadmissible by section 36 (3) are proceedings for any of the offences defined in section 120, 121, 123, 126, 127, 128, 129 or 132 of The Criminal Code. 48. Appointment of officers and experts . (1)After consultation with the Committee, there may be appointed under, subject to and in accordance with the Parliamentary Service Act 1988 such officers of the Committee as are considered by the Parliamentary Service Commission necessary for the performance of the functions of the Committee. (2) On the recommendation of the Committee, the Parliamentary Service Commission may commission a person as an expert to assist the Committee in relation to an inquiry under this Act. (3) A person is not qualified to be commissioned as an expert unless he possesses relevant technical, financial or other professional knowledge, or in relation to the subject of the inquiry, special local knowledge or special experience. 49. Allowances . In addition to any salary paid to him pursuant to any Act, each member of the Committee shall be entitled in respect of

Public Works Committee Act 1989, No. 27 251 his attendance at meetings of the Committee on days when the Legislative Assembly is not sitting to such travelling expenses and allowances as may be approved from time to time by the Executive Council on the recommendation of the Minister after consultation with the Parliamentary Service Commission. 50. Office not an office of profit under Crown. Within the meaning and for the purposes of any provision of any Act- (a) the office of chairman or a member of the Committee is not an office or place of profit under the Crown; and (b) the chairman or a member of the Committee shall not, by reason of holding office or accepting any salary, fees, allowances or other expenses as such, be deemed to hold or to have held an office or place of profit under the Crown. 51. Financial provision . Moneys required for the purposes of this Act shall form part of the estimates of expenses relating to the Legislative Assembly and the Parliamentary Service prepared by the Parliamentary Service Commission and shall be paid out of moneys appropriated by Parliament for those purposes. 52. Application of Criminal Code. To allay any doubt that might otherwise exist it is declared- (a) that an officer of the Committee shall be taken to be ° the holder of a public office and the provisions of Chapter XIII of The Criminal Code shall have application in relation to that officer accordingly; (b) that, in Chapter XVI of The Criminal Code- (i) a reference to a judicial proceeding shall be taken to include reference to a proceeding had or taken before the Committee; (ii) a reference to judicial office shall be taken to include reference to the office of chairman or of member; (iii) a reference to a tribunal shall be taken to include reference to the Committee, and the provisions of that Chapter shall have application accordingly. 53. Service of documents . For the purposes of this Act, service of a document on a person may be effected- (a) on an individual- (i) by delivering it to the person personally; or (ii) by leaving it at, or sending it by pre-paid post to, the residential or business address of the person last known to the person serving the document;

252 Public Works Committee Act 1989, No. 27 or (b) on a body corporate-by leaving it at, or sending it by pre- paid post to, the head office, a registered office or a principal office of the body corporate, or in any other way in which service could have been effected had this section not been enacted. 54. Protection from liability. (1) No act or thing done by the Committee, the chairman or other member of the Committee or any person acting under the direction of the Committee or the chairman shall subject the Committee, the chairman, member or a person so acting, personally to action, liability, claim or demand, if the act or thing is done in good faith for the purpose of executing this Act or any other Act. (2) In proceedings for defamation in relation to any hearing before the Committee or any other matter relating to the functions or powers of the Committee, there is a defence of absolute privilege for a publication to or by the Committee or the chairman, member or officer of the Committee, as such a member or officer. (3) A person summoned to attend or appearing before the Committee as a witness or producing a document or thing to the Committee has the same protection as a witness in proceedings in the Supreme Court. (4) No criminal or civil liability (apart from any such prescribed by this Act) attaches to any person for complying or purporting to comply in good faith with any requirement made under this Act and, in particular, no civil liability attaches to a person on account of giving a statement of information or producing a document or other thing under section 26 or 27, whether that liability would arise under a contract or otherwise. SCHEDULE I A.B. do solemnly and sincerely promise and declare that, according to the best of my skill and ability, I will faithfully, impartially and truly execute and perform the duties of a member of the Parliamentary Committee of Public Works and that I will comply with all the provisions of any Code of Conduct for members of the Committee which may be adopted by resolution of the Legislative Assembly from time to time.