Policing, Security and Community Safety Act 2024

Rules and procedures of special inquiries

87. (1) The Minister may, having regard to the need for an inquiry to be conducted in a timely, efficient and effective manner and in accordance with fair procedures, prescribe rules or procedures for the conduct of inquiries.

(2) Subject to any rules or procedures prescribed by the Minister under subsection (1), an appointed person shall determine his or her own rules and procedures for the conduct of an inquiry.

(3) Without prejudice to the generality of subsection (1), the Minister may, having consulted with the Minister for Public Expenditure, National Development Plan Delivery and Reform, prescribe rules relating to the payment by the Minister to a witness at an inquiry of the reasonable legal costs and expenses associated with legal representation necessarily incurred by the witness in connection with the inquiry.

(4) For the purposes of subsection (3), legal costs and expenses associated with legal representation are necessarily incurred by a witness in connection with an inquiry where—

(a) the good name or conduct of the witness is called into question by any evidence received by an appointed person, or

(b) other personal or property rights of the witness are at risk of being jeopardised as a result of any evidence received by an appointed person.

(5) Rules prescribed under subsection (3) may—

(a) restrict the types of legal services or fees for which payment may be made in accordance with those rules, and

(b) otherwise limit (including by specifying maximum amounts) the extent to which legal costs and expenses associated with legal representation may be paid.

(6) Before evidence is given by a witness to an inquiry, an appointed person shall provide the witness with a copy of any rules prescribed under subsection (3).