Australian Capital Territory Current Acts

CORONERS ACT 1997 - SECT 51B

    (1)     This section applies if a witness for an inquest or inquiry objects to giving particular evidence, or evidence on a particular matter, on the ground that the evidence may tend to prove that the witness—

        (a)     has committed an offence against or arising under an Australian law or a law of a foreign country; or

        (b)     is liable to a civil penalty.

    (2)     The coroner for the inquest or inquiry must decide whether or not there are reasonable grounds for the objection.

    (3)     Subject to subsection (4), if the coroner decides that there are reasonable grounds for the objection, the coroner must not require the witness to give the evidence and must tell the witness—

        (a)     that the witness need not give the evidence unless required by the coroner to do so under subsection (4); and

        (b)     that the coroner will give a certificate under this section if the witness—

              (i)     willingly gives the evidence without being required to do so under subsection (4); or

              (ii)     gives the evidence after being required to do so under subsection (4); and

        (c)     of the effect of the certificate.

    (4)     The coroner may require the witness to give the evidence if the coroner is satisfied that—

        (a)     the evidence does not tend to prove that the witness has committed an offence against or arising under, or is liable to a civil penalty under, a law of a foreign country; and

        (b)     the interests of justice require that the witness give the evidence.

    (5)     If the witness either willingly gives the evidence without being required to do so under subsection (4), or gives it after being required to do so under that subsection, the coroner must give the witness a certificate under this section in relation to the evidence.

    (6)     The coroner must also give a witness a certificate under this section if—

        (a)     the objection has been overruled; and

        (b)     after the evidence has been given, the coroner finds that there were reasonable grounds for the objection.

    (7)     In any proceeding in an ACT court or before any entity authorised by a territory law, or by consent of parties, to hear, receive and examine evidence, the following evidence cannot be used against a person :

        (a)     evidence given by the person in relation to which a certificate under this section has been given;

        (b)     evidence of any information, document or thing obtained as a direct or indirect consequence of the person having given evidence.

    (8)     However, subsection (7) does not apply to a criminal proceeding in relation to the falsity of the evidence.

    (9)     Subsection (7) has effect despite any challenge, review, quashing or calling into question on any ground of the decision to give, or the validity of, the certificate.

    (10)     A reference in this section to doing an act includes a reference to failing to act.

    (11)     A certificate under this section may only be given to a witness who is an individual.