Does the Commission have the power to require the production of documents or information?
A. Yes. Where the Commission believes that a person is capable of giving information or providing documents relevant to an examination of the Migration Act 1958 or other legislation, or an act or practice that is inconsistent with human rights, that person can be required to give such information to the Commission in writing or to produce those documents. The Commission must serve a written notice on a person required to provide such information or documents. It is an offence to refuse or fail to give information or produce a document without reasonable excuse. There is a limited exemption to this power, in circumstances where the Attorney-General provides the Commission with a certificate certifying that the giving of information or a document to the Commission would be contrary to the public interest by reason of certain designated considerations (such as prejudice to national security).
