New South Wales Consolidated Acts

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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 238B

Protection from incrimination

238B Protection from incrimination

(1) Self-incrimination not an excuse A person is not excused from a requirement under section 238 or 238AA to produce a document, record or statement, to give information or evidence or to answer a question on the ground that the document, record, statement, information, evidence or answer might incriminate the person or make the person liable to a penalty.
(2) Answer, information or evidence not admissible if objection made However, any answer, information or evidence given by a natural person in compliance with a requirement under section 238 or 238AA is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under section 238 or 238AA) if--
(a) the person objected at the time to doing so on the ground that it might incriminate the person, or
(b) the person was not warned at an appropriate time that the person may object to giving the answer, information or evidence on the ground that it might incriminate the person.
(3) Appropriate time for giving warning about incrimination An
"appropriate time" for warning a person as referred to in subsection (2) (b) is any of the following times--
(a) the time when the requirement to give the answer, information or evidence is made,
(b) in the case of evidence required to be given when appearing before an inspector, any time after the start of the appearance before the inspector,
(c) at or about the time immediately before the person gives the answer, information or evidence.
(4) Documents, records or statements admissible Any document, record or statement produced by a person in compliance with a requirement under section 238 or 238AA is not inadmissible in evidence against the person in criminal proceedings on the ground that the document, record or statement might incriminate the person.
(5) Further information Further information obtained as a result of a document, record or statement produced or information, evidence or answer given in compliance with a requirement under section 238 or 238AA is not inadmissible on the ground--
(a) that the document, record, statement, information, evidence or answer had to be produced or given, or
(b) that the document, record, statement, information, evidence or answer might incriminate the person.



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