Powers of a Commissioner

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A Commissioner has special powers

A Commissioner has the power to:

  • establish infrastructure to perform the inquiry.

  • establish a system of control
                    [public participation (claim) / education / feedback ]

  • protect a person  who admits to an offence where the offence was on the instruction of a Lawyer.
                    [indemnity in exchange for the truth].

  • examine any document in any court to determine a pattern of conduct which is a threat to the Bill of Rights. 
                    ["any document” includes transcripts of court proceedings].

  • enter any property, on reasonable grounds, to extract evidence to support the investigation.
                    [commissioner has own 'sheriff' powers]

  • override a lawyer’s right to secrecy (legal privilege) where this secrecy is a threat to the Bill of Rights.

  • reccommend prosecution to a prosecuting authority.

  • initiate a process to reward victims for harm suffered.

  • recover property that was removed from the Public in an unconstitutional manner.
                    [personal possessions or immovable property]

  • seize property of a lawyer where this property was obtained from the proceeds of unlawful or harmful business practice.

     

but does not have the power to: -
 

  • »   Prosecute any person for unlawful conduct. (except where a prosecuting authority refuses to prosecute)

What the Public must Do : SEE HERE
 

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