170. (1) Commencement - The Correctional Investigator may commence an investigation |
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| (a) | on the receipt of a complaint by or on behalf of an offender; |
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| (b) | at the request of the Minister; or |
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| (c) | on the initiative of the Correctional Investigator. |
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(2) Discretion - The Correctional Investigator has full discretion as to |
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| (a) | whether an investigation should be conducted in relation to any particular complaint or request; |
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| (b) | how every investigation is to be carried out; and |
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| (c) | whether any investigation should be terminated before its completion. |
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171. (1) Right to hold hearing - In the course of an investigation, the Correctional Investigator may hold any hearing and make such inquiries as the Correctional Investigator considers appropriate, but no person is entitled as of right to be heard by the Correctional Investigator. |
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(2) Hearings to be in camera - Every hearing held by the Correctional Investigator shall be in camera unless the Correctional Investigator decides otherwise. |
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172. (1) Right to require information and documents - In the course of an investigation, the Correctional Investigator may require any person |
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| (a) | to furnish any information that, in the opinion of the Correctional Investigator, the person may be able to furnish in relation to the matter being investigated; and |
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| (b) | subject to subsection (2), to produce, for examination by the Correctional Investigator, any document, paper or thing that, in the opinion of the Correctional Investigator, relates to the matter being investigated and that may be in the possession or under the control of that person. |
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(2) Return of document, etc - The Correctional Investigator shall return any document, paper or thing produced pursuant to paragraph (1) (b) to the person who produced it within ten days after a request therefor is made to the Correctional Investigator, but nothing in this subsection precludes the Correctional Investigator from again requiring its production in accordance with paragraph (1)(b). |
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(3) Right to make copies - The Correctional Investigator may make copies of any document, paper or thing produced pursuant to paragraph (1) (b). |
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173. (1) Right to examine under oath - In the course of an investigation, the Correctional Investigator may summon and examine on oath |
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| (a) | where the investigation is in relation to a complaint, the complainant, and |
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| (b) | any person who, in the opinion of the Correctional Investigator, is able to furnish any information relating to the matter being investigated, |
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and for that purpose may administer an oath. |
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(2) Representation by counsel - Where a person is summoned pursuant to subsection (1), the person may be represented by counsel during the examination in respect of which the person is summoned. |
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174. Right to enter - For the purposes of this Part, the Correctional Investigator may, on satisfying any applicable security requirements, at any time enter any premises occupied by or under the control and management of the Commissioner and inspect the premises and carry out therein any investigation or inspection. |
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