Division 7—Other matters relating to the Board

• (1) Subject to this Act and the rules, the Board may:
• (a) operate in the way it determines; and
• (b) regulate proceedings at its meetings as it considers appropriate.
• (2) The rules may make provision for or in relation to the operation and procedures of the Board.

Responding to notices to produce

• (1) An entity is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in compliance with section 49 (Chair may obtain documents from certain entities).
• (2) An officer, employee or agent of an entity is not liable to an action for damages for or in relation to an act done or omitted in good faith in connection with an act done or omitted by the entity as mentioned in subsection (1).

The Board etc.

• (3) A person who is or has been:
• (a) the Chair; or
• (b) a standing member of the Board; or
• (c) a member of the Expert Panel; or
• (d) a member of the staff assisting the Board (as mentioned in section 71); or
• (e) a consultant assisting the Board (as mentioned in section 72); or
• (f) a witness appearing in a review;

is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in the performance or purported performance of a function or duty conferred by this Part, or the exercise or purported exercise of a power conferred by this Part.

Evidential burden

• (4) An entity or person who wishes to rely on subsection (1), (2) or (3) in relation to an action or other proceeding bears an evidential burden (within the meaning of the Regulatory Powers Act) in relation to that matter.

• (1) The Chair may issue a certificate stating that a specified person who is, or has been:
• (a) a standing member of the Board; or
• (b) a member of the Expert Panel; or
• (c) a member of the staff assisting the Board (as mentioned in section 71); or
• (d) a consultant assisting the Board (as mentioned in section 72); or
• (e) a witness appearing in a review;

is involved, or has been involved, in a review under this Part into a specified matter.

• (2) The Secretary may issue a certificate stating that a specified person who is, or has been, the Chair is involved, or has been involved, in a review under this Part into a specified matter.
• (3) If, under subsection (1) or (2), a certificate is issued in relation to a person and a specified matter, the person:
• (a) is not obliged to comply with a subpoena or similar direction of a federal court or a court of a State or Territory to attend and answer questions relating to the matter; and
• (b) is not compellable to give an expert opinion in any civil or criminal proceedings in a federal court or a court of a State or Territory in relation to the matter.
• (4) This section does not apply to a coronial inquiry.

The annual report prepared by the Secretary and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a reporting period must also include the following:

• (a) the number of each of the following during the period:
  • (i) reviews commenced;
  • (ii) reviews completed;
  • (iii) reviews discontinued;
• (b) a brief description of each of those reviews;
• (c) the status of any reviews not yet completed at the end of the period;
• (d) the reasons for discontinuing any reviews during the period;
• (e) the number of times the Minister refused to approve the terms of reference for a review during the period;
• (f) the number of members of the Expert Panel during the period;
• (g) the number of Expert Panel members appointed to a review panel during the period;
• (h) the number of times appointment of a member of the Board was terminated during the period.

The rules may prescribe requirements with which the Board must comply relating to:

• (a) the communication of information to the public; and
• (b) reporting to the Minister;

about the work of the Board.