Defence (Inquiry) Regulations 2018 (Cth)

Defence (Inquiry) Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret'd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 15 March 2018

Peter Cosgrove Governor‑General

By His Excellency's Command

Darren Chester Minister for Defence Personnel

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Schedules 5 Purpose of this instrument 6 Purpose of inquiries 7 Definitions Part 2—Commissions of Inquiry Division 1—Appointment of Commissions etc. 8 Appointment of Commissions of Inquiry etc. 9 Appointment of COI assistants 10 Appointment of legal practitioners assisting Commissions 11 Resignation of COI officials 12 Termination of appointment of COI officials 13 Replacement of COI officials 14 Termination of Commissions 15 Completion of inquiry Division 2—Conduct of Commissions 16 Procedure generally 17 Times and places for conduct of inquiries 18 Notice to produce documents or things relevant to inquiry 19 Notice to attend as a witness to give evidence 20 Evidence to be given on oath or affirmation 21 Hearings of Commissions 22 Removal of certain persons from hearings 23 Appearance at hearings of Commissions Division 3—Report of Commissions 24 Report of Commissions Division 4—Use, disclosure and copying of information and documents 25 Directions regarding disclosure of evidence 26 Use, disclosure and copying of certain information and documents as an employee of the Commonwealth or member of the Defence Force 27 Minister may authorise use, disclosure and copying of certain information and documents 28 Minister may use, disclose and copy certain information and documents Division 5—Offences 29 Failing or refusing to comply with notice to produce documents or things relevant to inquiry 30 Failing or refusing to comply with notice to attend as a witness to give evidence 31 Refusing to be sworn or to make affirmation 32 Failing or refusing to answer question 33 Giving false evidence 34 Contempt etc. 35 Taking reprisals 36 Disclosure of information or documents 37 Disclosure of COI records or COI reports of Commissions etc. Division 6—Other matters 38 Self‑incrimination 39 Protection of COI officials from civil or criminal proceedings etc. 40 Protection of witnesses etc. from civil proceedings 41 Protection of certain publications 42 COI records and COI reports etc. are exempt documents 43 Delegation Part 3—Inquiry officers Division 1—Appointment of inquiry officers etc. 44 Appointment of inquiry officers etc. 45 Appointment of IO assistants 46 Resignation of inquiry officials 47 Termination of appointment of inquiry officials 48 Replacement of inquiry officials 49 Suspension of appointment of inquiry officials 50 Completion of inquiry Division 2—Conduct of inquiries 51 Procedure generally 52 Times and places for conduct of inquiries 53 Ordering members of the Defence Force to give evidence or produce documents or things 54 Manner of taking evidence 55 Inquiries must not be conducted in public 56 Removal of certain persons from proceedings Division 3—Report of inquiry officers 57 Report of inquiry officer Division 4—Use, disclosure and copying of information and documents 58 Use, disclosure and copying of certain information and documents as an employee of the Commonwealth or member of the Defence Force 59 Minister may authorise use, disclosure and copying of certain information and documents 60 Minister may use, disclose and copy certain information and documents Division 5—Offences 61 Failing or refusing to comply with an order to attend as a witness before an inquiry officer etc. 62 Failing or refusing to answer question 63 Giving false evidence 64 Contempt etc. 65 Taking reprisals 66 Disclosure of IO records or IO reports of inquiry officers etc. Division 6—Other matters 67 Self‑incrimination 68 Protection of inquiry officials from civil or criminal proceedings etc. 69 Protection of witnesses etc. from civil proceedings 70 Protection of publication of IO report 71 IO records and IO reports etc. are exempt documents 72 Delegation Part 4—Annual report 73 Annual report on operation of this instrument Part 5—Transitional, application and saving provisions 74 Definitions 75 Continuation of incomplete old inquiries 76 Continued application of certain protection and immunity provisions in old regulations 77 Saving of directions relating to the disclosure of certain evidence etc. 78 Continued application of prohibition against disclosure of records or reports of Courts of Inquiry 79 Continued application of prohibition against disclosure of records or reports of Inquiry Officers 80 Saving of instruments made under regulation 63 of the old regulations 81 Continued application of provisions in the old regulations relating to reopening etc. of old inquiries by Courts of Inquiry 82 Continued application of provisions in the old regulations relating to reopening etc. of old inquiries by Inquiry Officers 83 Last annual report under old regulations 84 Continued application of provisions in the old regulations relating to IGADF inquiries Schedule 1—Repeals Defence (Inquiry) Regulations 1985