Royal Commissions Act 1923 (NSW)

Commission and Royal Commission means any commission of inquiry issued by the Governor by letters patent under the Public Seal, and includes a sole commissioner or a member or members of the commission sitting for the purposes of the inquiry.

Document includes any book, register or other record of information, however compiled, recorded or stored.

Reasonable excuse in relation to any act or omission by a witness or a person summoned as a witness before a commission means an excuse which would excuse an act or omission of a similar nature by a witness or a person summoned as a witness before a court of law.

Whenever the Governor by letters patent under the Public Seal issues a Royal Commission to any person to make any inquiry, the provisions of this Act shall apply to and with respect to the inquiry.

In this Division chairperson means the chairperson of a commission, and includes (except in section 5A):

• (a)

  a deputy chairperson of a commission appointed by the letters patent or chosen by the other commissioners in accordance with the letters patent to act in the absence of the chairperson, and

• (b)

  a member of a commission acting in accordance with an authorisation under section 5A (3).

In this Division commissioner includes any person to whom a commission is issued, whether as chairperson or as a member other than the chairperson, or as sole commissioner.

A commissioner may sit for the purposes of any part of an inquiry if:

• (a)

  the commissioner is a sole commissioner, or

• (b)

  all the members, or a quorum of the members, of the commission are sitting for the purposes of that part of the inquiry, or

• (c)

  the commissioner is the chairperson of the commission, or

• (d)

  the commissioner is a member of the commission authorised by the chairperson to sit for the purposes of that part of the inquiry.

More than one member may be authorised under subsection (1) (d) by the chairperson to sit for the purposes of a part of the inquiry, in which case the member designated by the chairperson is to preside.

A member authorised under subsection (1) (d) or, if there is more than one member so authorised, the designated presiding member is authorised to exercise the powers of the chairperson of the commission under the other sections of this Division (unless the authorisation under subsection (1) (d) provides otherwise).

If a member is authorised under subsection (1) (d), commissioners may sit…