Commissions of Investigation Act 2004

Form and manner in which evidence may be given.


14.—(1) Subject to Subsection (4), a commission may receive evidence given—

( a) orally before the commission,

( b) by affidavit, or

( c) as otherwise directed by the commission or allowed by its rules and procedures, including by means of a live video link, a video recording, a sound recording or any other mode of transmission.

(2) A witness who attends before a commission to give evidence may be required to give evidence on oath or affirmation.

(3) Any member of a commission may administer any oaths or take any affirmations necessary for the purposes of an investigation.

(4) A witness who gives evidence otherwise than by attending in person before the commission or by means of a live video link shall provide the commission with a sworn statement in a form acceptable to it indicating that—

( a) the evidence was given by him or her,

( b) the evidence was given voluntarily, and

( c) to the best of his or her knowledge, the content is true and accurate.

(5) A commission that has received evidence from a witness who is required to provide a sworn under subsection (4) or who is the subject of a direction under section 16(1)(h) may request additional information from the witness relating to that evidence.

(6) Subject to subsection (8), a witness shall, within the period specified in the request, comply with a request made to him or her under subsection (5).

(7) The requirements of subsection (4) relating to the provision of a sworn statement apply also to any evidence given in response to a request under subsection (5).

(8) A witness who claims to be entitled under any rule of law or enactment to refuse to disclose information requested under subsection (5) shall, for the purposes of section 21 and within the period specified in the request, provide the commission with a written statement specifying the grounds for the claim, including the privilege or the duty of confidentiality relied on.