Judicial Council Act 2019

83

Duty to disclose substance of evidence to other witnesses, etc.

83. (1) Subject to subsection (2), a panel of inquiry shall disclose to a person—

(a) who is directed to attend as a witness before the panel of inquiry,

(b) who attends voluntarily to give evidence to the panel of inquiry, or

(c) about whom evidence is given to the panel of inquiry,

the substance of any evidence in the possession of the panel of inquiry that, in the opinion of the panel of inquiry, the person should be aware of for the purposes of the evidence that the person may give to the panel of inquiry.

(2) Subsection (1) does not require the disclosure of the source of any evidence given or document produced by a witness while giving evidence otherwise than in public under this Part, unless the panel of inquiry considers that, in view of the purposes of the investigation or in the interests of fair procedures, the source should be disclosed.

(3) A panel of inquiry shall give a person to whom it discloses the substance of evidence under subsection (1) an opportunity to comment by written or oral submissions on the evidence.