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Vanuatu Consolidated Legislation - 1988 |
Commencement: 23 July 1974
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 85
COMMISSIONS OF INQUIRY
ARRANGEMENT OF SECTIONS
SECTION
1. Commissions of inquiry
2. Inability of Commissioner or assessor to act
9. Penalty for non-attendance
10. Right of assessor to question witnesses
11. Commissioners' report
13. Proceedings for penalties
SCHEDULE 1-Form of oath or affirmation to be taken by a Commissioner or assessor
SCHEDULE 2-Summons to a witness
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COMMISSIONS OF INQUIRY
To provide for the issue of commissions of inquiry.
COMMISSIONS OF INQUIRY
Provided that no Commission of Inquiry shall be appointed to inquire into facts which are the subject of legal proceedings for so long as such proceedings are pending. If a Commission has already been appointed, its authority shall be immediately terminated upon the commencement of any legal proceedings relating to the facts which led to such appointment.
(2) The Minister responsible for justice may in his discretion by such decision appoint one or more assessors selected as to the status or sex of such assessor or assessors according to the nature of the matters to be inquired into to assist the Commissioner or Commissioners in a consultative capacity.
(3) The decision which shall be published in the Gazette shall specify -
(a) the subject of the inquiry;
(b) if there is more than one Commissioner, the chairman of the Commission;
(c) where and when the inquiry shall be made and the report thereof rendered;
(d) whether the inquiry shall or shall not be held in public; and
(e) such other matters as the Minister responsible for justice may consider desirable to specify.
(4) In the absence of a direction to the contrary in such decision the inquiry shall be held in public but the Commissioners shall nevertheless have the power to exclude any particular person or persons for the preservation of order or for the due conduct of the inquiry or for any other reason.
INABILITY OF COMMISSIONER OR ASSESSOR TO ACT
COMMISSIONS NOT AFFECTED BY CHANGE OF MINISTER
COMMISSIONER'S AND ASSESSOR'S OATH
(2) The oath of affirmation and declaration aforesaid may be taken or made before the Minister responsible for justice, or before such person as he may appoint to receive the same, and shall be committed to writing and deposited by the Commissioner with the Minister.
SECRETARY OF COMMISSION
RULES OF PROCEDURE
(2) The proceedings of the Commission shall be conducted in the Bislama, English or French language as shall be decided by the Chairman or the Chairmen and wherever practicable duly qualified interpreters in every relevant language shall be employed. The record of the proceedings and the report of the Commissioners shall be written in the Bislama, English and French languages.
POWERS OF COMMISSIONERS
(2) A summons to a witness shall be in the form given in Schedule 2.
APPEARANCE OF COUNSEL
PENALTY FOR NON-ATTENDANCE
Provided that no witness shall be bound to incriminate himself, and every witness shall, in respect of any evidence given by him before a Commission, be entitled to all the privileges to which a witness giving evidence before a court of first instance is entitled.
(2) Any witness who wilfully gives false evidence in any inquiry concerning the subject matter thereof shall be guilty of perjury and liable to prosecution and punishment accordingly.
RIGHT OF ASSESSOR TO QUESTION WITNESSES
COMMISSIONERS' REPORT
(2) A Commissioner dissenting from the conclusions, or any of them, shall give the reasons for his dissent.
REMUNERATION OF SECRETARY AND PAYMENT OF EXPENSES OF COMMISSION AND WITNESSES
(2) Witnesses who attend at the request of, or upon a summons by, the Commissioners shall, subject to any order made by the Commissioners, be entitled to like expenses as if they had been summoned to attend a court of first instance in a criminal trial, and payment thereof shall be made in such manner as the Minister may direct.
(3) Sums of money so directed to be paid as aforesaid shall be paid out of the Treasury.
PROCEEDINGS FOR PENALTIES
_____________________________
SCHEDULE 1
FORM OF OATH OR AFFIRMATION TO BE TAKEN
BY A COMMISSIONER OR ASSESSOR
Commissions of Inquiry Act, Cap. 85
I, (full name) ........................................... having been appointed under an Order made by the Minister responsible for justice dated the .......................................... day of ...................................., 19 ........., to be a Commissioner (or an assessor to assist the Commissioner(s) appointed) to inquire into the matters specified in the said Order, do swear (or do solemnly and sincerely affirm) that I will faithfully, fully, impartially and to the best of my ability discharge and perform the duties devolving upon me by virtue of the said Order.
(In the case of an oath here add) So help me God.
Dated at ..................... this ................. day of ..................... 19...
Commissioner/Assessor
__________________________
SCHEDULE 2
SUMMONS TO A WITNESS
To A. B. (name of person summoned and his calling and residence if known).
You are hereby summoned to appear before (here name the Commissioners) appointed by the Minister responsible for justice to inquire (state briefly the subject of the inquiry) at .................. on ................................. the ................. day of ................. 19.... at ............................... of the clock in the ................. noon and to give evidence respecting the said inquiry (if the person summoned is to produce any documents, add) And you are required to bring with you (specify books and documents required).
Given under the hand of ........................ a Commissioner this day of ................... 19...
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