New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 74

74 Abrogation of privilege as regards answers, documents and other things

(1) A witness summoned to attend or appearing at an examination is not entitled to refuse--

(a) to be sworn or to make an affirmation, or

(b) to answer any question relevant to an investigation put to the witness by the examining Commissioner, or

(c) to produce any document or other thing in the witness's custody or control that the witness is required by the summons or by the examining Commissioner to produce.

(2) The witness is not excused from answering any question or producing any document or other thing at an examination on the ground that the answer or production may incriminate or tend to incriminate the witness, or on any other ground of privilege, or on the ground of a duty of secrecy or other restriction on disclosure, or on any other ground.

(3) If the answer made or document or other thing produced might in fact tend to incriminate the witness and the witness objects to answering the question or the production at the time of answering or producing the document or other thing, neither the answer nor the document or thing itself (if produced) may be used in any proceedings against the witness except--

(a) disciplinary proceedings, or

(b) proceedings for an offence against this Act, or

(c) proceedings for contempt under this Act, or

(d) as provided by subsections (4), (5) and (6).

This subsection extends to any further information, document or other thing obtained as a direct or indirect consequence of the answer made or document or other thing produced.

(4) They may however be used for the purposes of the investigation concerned, despite any such objection.

(5) An answer, document or thing may be used--

(a) in deciding whether to make an order under section 173 or 181D of the Police Act 1990 (and is admissible in any proceedings under Division 1A or 1C of Part 9 of that Act), and

(b) in deciding whether to make an order under section 183A of the Police Act 1990 (and is admissible in any proceedings under Division 2A of Part 9 of that Act with respect to such an order), and

(c) in deciding whether to take action under section 69 or 70 of the Government Sector Employment Act 2013 , and

(d) for the purposes of the Director of Public Prosecutions providing advice about the commencement of proceedings against particular persons for criminal offences against laws of the State.

(6) Nothing in this section makes inadmissible--

(a) any statement, document or other thing in proceedings for an offence against this Act or in proceedings for contempt under this Act, or

(b) any statement, document or other thing in any civil or criminal proceedings if the witness does not object to making the statement or producing the document or other thing, or

(c) any document in any civil proceedings for or in respect of any right or liability conferred or imposed by the document or other thing.

(7) If--

(a) an Australian legal practitioner or other person is required to answer a question or produce a document or other thing at an examination, and

(b) the answer to the question would disclose, or the document or other thing contains, a privileged communication passing between an Australian legal practitioner (in his or her capacity as an Australian legal practitioner) and a person for the purpose of providing or receiving legal professional services in relation to the appearance, or reasonably anticipated appearance, of a person at an examination,

the Australian legal practitioner or other person is entitled to refuse to comply with the requirement, unless the privilege is waived by a person having authority to do so.