New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 230

230 Special inquiries

(1) The Minister may direct that an inquiry be conducted into any matter relating to the security, good order, control or management of a correctional complex or correctional centre.

(2) The inquiry is to be conducted by a Visiting Magistrate, or by such other person as the Minister may appoint.

(3) For the purpose of conducting such an inquiry--

(a) the person appointed to conduct the inquiry has and may exercise the powers, authorities, protections and immunities conferred on a commissioner by Division 1 of Part 2 of the Royal Commissions Act 1923 , and

(b) the provisions of that Act (except for section 13 and Division 2 of Part 2) apply, with any necessary adaptations--

(i) to and in respect of the inquiry, and

(ii) to or in respect of any witness or person summoned by or appearing before the person so appointed.

(4) It is a reasonable excuse for the purposes of section 11 (2) (a) of the Royal Commissions Act 1923 , as applied by subsection (3) of this section, for a natural person--

(a) to refuse or fail to answer a question put to the person at an inquiry, or

(b) to refuse or fail to produce a document or other thing that the person is required to produce at an inquiry,

that the answer to the question, or the production of the document or other thing, tends to incriminate the person.

(5) The person appointed to conduct the inquiry--

(a) is not bound by the rules of evidence, but may inform himself or herself on any matter in such manner as the person thinks appropriate, and

(b) may, in respect of a matter not dealt with by or under this Act, give directions as to the procedure to be followed at or in connection with the inquiry.

(6) The Minister must refer any report received by the Minister arising from an inquiry under this section to the Inspector of Custodial Services for comment.