Navigating Public Inquiries (Part 3): Process And Oral Hearings

As a continuation of Part 2 in this series, which addressed some themes we commonly encounter relating to the process requirements of public inquiries and the handling of documentary evidence in particular, this Part 3 considers the key themes and process requirements for oral hearings during public inquiries. Oral hearings can be conducted in public or in private, depending on the nature of the public inquiry.

Oral hearings — process issues

Oral hearings at public inquiries tend to follow a more ‘inquisitorial’ process than oral hearings in the courts. The purpose of public inquiries is rooted in fact-finding. Unlike the courts, public inquiries are not engaged in the adjudication of rights and obligations as between the parties involved. Some key points of note on oral hearings in public inquires include: