South Australia
Royal Commissions Act 1917
An Act to make further and better provision for facilitating inquiries by royal commissions.
Contents
1Short title
3Interpretation
4Constitution of commission
5Power to publish information
6Evidence may be taken in public or in private
7Commission not to be bound by rules as to procedure or evidence
8Power to sit at any time and place
9Acts and proceedings of commission not liable to be reviewed or restrained
10Powers of commission
11Powers of commission in respect of witnesses
11AIssuing of summons or warrant by magistrate
12Duty of witness to continue in attendance
13Right of audience
14Witness need not disclose secret process
16Statements made by witness not admissible in evidence against him
16AOrders in relation to evidence etc
16BProtection to commissioners and witnesses
23Regulations
24Evidence of issue of commission
Schedule 1—Form of warrant
Schedule 2—Form of warrant
Legislative history
The Parliament of South Australia enacts as follows:
1—Short title
This Act may be cited as the Royal Commissions Act 1917.
3—Interpretation
In this Act—
chairman means chairman of the commission, and includes the person for the time being acting as such chairman, and, in cases where the commission is constituted of a sole commissioner, means such commissioner;
secretary means secretary to the commission;
commission means a commission of inquiry established by the Governor, by instrument under the public seal of the State;
commissioner means any person who is appointed by the Governor to constitute, or to be a member of, a commission;
record includes—
(a)information stored or recorded by a computer or other means; and
(b)a computer tape or disk or any other device on or by which information is stored or recorded.
4—Constitution of commission
(1)A commission may be constituted of a single commissioner or of two or more commissioners.
(2)Where a commission is constituted of two or more commissioners, the commissioners will sit jointly to conduct the inquiry unless the Governor authorises individual commissioners to sit independently to conduct parts or aspects of the inquiry that are, by direction of the Governor or the chairman, to be dealt with independently by individual commissioners.
(3)Where a commissioner sits independently of other commissioners to conduct particular parts or aspects of an inquiry, the commissioner will have in relation to those proceedings the same powers as if appointed a sole commissioner.
(4)Where a commission is constituted of two or more commissioners, and the commissioners are to sit jointly for the purposes of the inquiry or any part or aspect of the inquiry, then, subject to any contrary direction by the Governor—
(a)a quorum of the commission consists of a number of commissioners equal to, or greater than, one-half the total number of commissioners; and
(b)the chairman will determine questions of administration and procedure; and
(c)any other question will be determined according to the opinion of a majority of the commissioners present at the sitting at which the question is to be determined.
5—Power to publish information
The commission may publish such (if any) information obtained in the…