PART VIII
BOARDS
OF INQUIRY
Appointment of board of inquiry
74.
—(1)
The
Minister may, by notification in the Gazette,
appoint a board of inquiry and direct the board to inquire into
and report to him upon a matter defined in the notification being
a matter included within the definition of “industrial
matters” in section 2.
(2)
The Minister shall not exercise the
power conferred by subsection (1) in relation to a matter unless
he is of the opinion that there are special circumstances by reason
of which the matter would not otherwise be satisfactorily regulated
by collective agreements or awards made under this Act.
Constitution of board of inquiry
75.
—(1)
A
board of inquiry shall consist of a chairman and such other persons
as the Minister thinks fit to appoint or may, if the Minister thinks
fit, consist of one person appointed by the Minister.
(2)
A board of inquiry may act notwithstanding
any vacancy in its number.
Procedure and powers of board
76.
—(1)
The
Minister may make regulations as to the procedure of any board of inquiry
including regulations as to summoning and payment of expenses of
witnesses, quorum and the appointment of committees and enabling
the board to call for such documents as the board may determine
to be relevant to the subject-matter of the inquiry.
(2)
Provision shall be made by the regulations
with respect to the cases in which a person may appear by an advocate
and solicitor in proceedings before a board of inquiry and except
as provided by those regulations no person shall be entitled to
appear in any proceedings by an advocate and solicitor.
(3)
A board of inquiry may, if and to
such extent as may be authorised by regulations made under this
Act, by order require any person who appears to the board to have
any knowledge of the subject-matter of the inquiry to furnish in
writing or otherwise such particulars in relation thereto as the
board may require and, where necessary, to attend before the board
and give evidence on oath or affirmation.
Reports
77.
—(1)
A
board of inquiry shall, either in public or in private at its discretion, inquire
into any matters referred to it and report thereon to the Minister.
(2)
A board of inquiry may if it thinks
fit make interim reports.
(3)
Any report of a board of inquiry,
and any minority report, shall be presented as soon as possible
to Parliament.
(4)
The Minister may, whether before or
after any such report has been presented to Parliament, publish
or cause to be published from time to time in such manner as he
thinks fit any information obtained or conclusion arrived at by
the board of inquiry as a result or in the course of its inquiry.
(5)
There shall not be included in any
report or publication made or authorised by the board of inquiry
or the Minister any information obtained by the board in the course
of its inquiry as to any trade union or as to any individual business
(whether carried on by a person, firm or company) which is not available
otherwise than through evidence given at the inquiry except with
the consent of the trade union or of the person, firm or company
in question.
(6)
Any individual member of the board
of inquiry or any person concerned in the inquiry who, without such
consent, discloses any such information shall be guilty of an offence.