Special Commissions of Inquiry Act 1983 (NSW)

Special Commissions of Inquiry Act 1983 No 90

An Act to provide for the establishment and functions of Special Commissions of Inquiry.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Special Commissions of Inquiry Act 1983.

2 (Repealed)

3 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: commission means a commission issued by the Governor under this Act. Commissioner means the person to whom a commission is issued under this Act. reasonable excuse, in relation to any act or omission by a witness or a person summoned as a witness before a Special 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. regulation means a regulation made under this Act. Special Commission means a Special Commission of Inquiry established under this Act. Supreme Court means the Supreme Court of New South Wales. (2) A reference in this Act to any act, matter or thing as specified in a commission includes a reference to any act, matter or thing that is of a class or description as specified in the commission. (3) A reference in this Act to: (a) the Special Commission, where used in relation to a Commissioner, is a reference to the Special Commission established by the commission issued to the Commissioner, and (b) the Commissioner, where used in relation to a Special Commission, is a reference to the Commissioner to whom the commission establishing the Special Commission was issued. (4) Notes included in this Act do not form part of this Act.

Part 2 Establishment of Special Commissions

4 Issue of commission (1) The Governor may, by letters patent under the Public Seal of the State, being letters patent expressed to be made or issued under the authority of this Act, issue a commission to a person specified in the commission: (a) authorising or requiring the person to inquire into and report to the Governor on any matter specified in the commission, and (b) establishing a Special Commission of Inquiry for that purpose. (2) A person is not eligible to be issued a commission unless the person: (a) is or is qualified to be appointed as a Judge of the Supreme Court of the State or of any other State or Territory, a Judge of the Federal Court of Australia or a Justice of the High Court of Australia, or (b) is a former Judge or Justice of any court referred to in paragraph (a). (2A) A person is not eligible to be issued a commission if the person is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth. (3) The provisions of this Act apply to and in respect of a commission issued under this Act. (4) The Royal Commissions Act 1923 does not apply to or in respect of a commission issued under this Act or any inquiry held in relation to it.