Commentary on Sections Section 6: Evidence and procedure
Subsection (4) requires the chairperson of the inquiry to act fairly throughout the inquiry. This will include considering whether certain witnesses to the inquiry require legal advice or representation.
Subsection (4) also requires the chairperson to have regard to the need to avoid unnecessary cost in planning and conducting the proceedings. Every decision to hold a hearing, to call for evidence or to grant legal representation may add to the cost of the inquiry. This subsection strengthens the chairperson’s ability to defend decisions in which the need to limit the cost of the inquiry is a factor.