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Section 52 of the Integrity Commission Act states that an investigator or any person assisting an investigator who enters premises may exercise any or all of the following powers: • Search the premises and examine anything on the premises • Search for any record, information, material or thing relating to the matter to which the investigation relates • Operate equipment or facilities on the premises for a purpose relevant to the investigation • Take possession of any record, information, material or thing and retain it for as long as may be necessary to examine it to determine its evidentiary value • Make copies of any record, information, material or thing or any part of any record, information, material or thing • Seize and take away any record, information, material or thing or any part of any record, information, material or thing • Use (free of charge) photocopying equipment on the premises for the purpose of copying any record, information, material or thing • In respect of any computer or other equipment that the investigator suspects on reasonable grounds may contain any record, information, material or thing, to inspect and gain access to the computer or equipment, and: • Download or otherwise obtain any record, information, material or thing • Make copies of any record, information, material or thing held in it • Seize and take away the computer or equipment or any part of it. • If any record, information, material or thing found on the premises cannot be conveniently removed, to secure it against interference • To require or direct any person who is on the premises to do any of the following: • State his or her full name, date of birth and address • Answer (orally or in writing) questions asked by the investigator relevant to the investigation • Produce any record, information, material or thing • Operate equipment or facilities on the premises for a purpose relevant to the investigation • Provide access (free of charge) to photocopying equipment on the premises the investigator reasonably requires to enable the copying of any record, information, material or thing • Give other assistance the investigator reasonably requires to conduct the investigation. • To do anything else reasonably necessary to obtain information or evidence for the purposes of the investigation.

How are hearings conducted? Queensland: Crime and Misconduct Commission The CMC can hold private or public hearings. Generally CMC hearings are not to be open to the public unless holding a public hearing would not be unfair to a person or contrary to the public interest. Rights and obligations at CMC hearings include: • The right to legal representation • A person must not refuse to produce a document or thing • A person must not refuse to answer questions. Evidence and procedure: When conducting a hearing, the presiding officer: • Must act fairly but quickly and with as little formality and technicality as possible • Is not bound by the rules of evidence • May inform themselves of anything in the way they consider appropriate • May decide the procedures to be followed for the hearing.

New South Wales: Independent Commission Against Corruption The ICAC can hold private or public hearings. The ICAC Act directs the Commission to consider whether a public hearing would be in the public interest and specifically to take into account the following factors: • The benefit of exposing to the public and making it aware of corrupt conduct • The seriousness of the allegation or complaint being investigated • Any risk of undue prejudice to a person’s reputation (including prejudice that might arise from not holding a public inquiry) • Whether the public interest in exposing the matter is outweighed by the public interest in preserving the privacy of the persons concerned. The rights and obligations at ICAC hearings include: • The Commission may authorise a person giving evidence to be represented by a lawyer • A person must not refuse to produce a document or thing • A person must not refuse to answer questions.

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2012 Press Freedom Report  
2012 Press Freedom Report  

The Annual Media Alliance summary of press freedom issues in Australia