| Public inquiries |
| (9) Affidavits and statutory declarations may, by permission of the Court, be used as evidence at the hearing. |
| (10) At the time and place appointed for holding the inquiry the Court may proceed with the inquiry whether the parties, upon whom a notice has been served, or any of them are present or not. |
| (11) The Court shall hold the inquiry in public except to the extent to which the Court is of the opinion that in the interest of justice or in the public interest any part of the evidence, or any argument relating thereto, should be heard in camera. |
(12) The proceedings of the inquiry shall commence with the production and examination of witnesses on behalf of the Attorney-General; and —
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| (13) When the examination of the witnesses produced on behalf of the Attorney-General has been concluded, the Attorney-General shall state the questions in reference to the accident and the conduct of persons connected with the accident upon which the opinion of the Court is desired. In framing the questions for the opinion of the Court, the Attorney-General shall make such modifications in, additions to, or omissions from, the questions in the notice or subsequent notices referred to in paragraph (5), as, having regard to the evidence which has been given, the Attorney-General or the Court may think fit. |
(14) After the questions for the opinion of the Court have been stated, the Court shall proceed to hear the parties to the proceedings upon and determine the questions so stated; and —
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| (15) When the whole of the evidence in relation to the questions for the opinion of the Court has been concluded, any of the parties who desire so to do may address the Court upon the evidence and the Court may be addressed in reply upon the whole case on behalf of the Attorney-General. |
| (16) The Court may adjourn the inquiry from time to time and from place to place; and where an adjournment is asked for by any party to the inquiry, the Court may impose such terms as to payment of costs or otherwise as it may think just as a condition of granting the adjournment. |
| (17) The Court shall make a report to the Minister stating fully its opinion in respect of the questions stated under paragraph (13), the circumstances of the case and the opinion of the Court as to the causes of the accident and adding any observations and recommendations which the Court thinks fit to make with a view to the preservation of life and the avoidance of similar accidents in future, including a recommendation for the cancellation, suspension or endorsement of any licence, certificate or other document. |
| (18) Each Assessor shall either sign the report, with or without reservations, or state in writing his dissent therefrom and his reasons for such dissent, and such reservations or dissent and reasons (if any) shall be forwarded to the Minister with the report. The Minister shall, unless there are good reasons to the contrary, cause such report and reservations or dissent and reasons (if any) to be made public wholly or in part in such manner as he thinks fit. |
(19) Every person attending as a witness before the Court shall be allowed such expenses as would be allowed to a witness attending before a Court, and in the case of dispute as to the amount to be allowed, the matter shall be referred by the Court to an Assistant Registrar of the Supreme Court who on request signed by the Court shall ascertain and certify the proper amount of the expenses:
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| (20) The Court may order the costs and expenses of the inquiry, or any part thereof, to be paid by any party, if it finds that the accident was due to the default or negligence of that party or of any person in the employment of that party; and any such order shall, on the application of any person entitled to the benefit thereof, be enforced by a Court of competent jurisdiction as if the costs and expenses were a penalty imposed by that Court, but, subject to any such order, such costs and expenses shall be paid by the Minister. |
| (21) Any notice, summons or other document issued under this regulation may be served by sending it by registered post to the last known address of the person to be served. |
| (22) The service of any notice, summons or other document may be proved by the oath or affidavit of the person by whom it was served. |