Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 137

137 Offences by witnesses

(1) A witness at a hearing must not, unless the person has a reasonable excuse—

(a) fail to answer a question the person is required to answer by the presiding member; or

(b) fail to produce a document or thing the person is required to produce by notice given by the tribunal under the QCAT Act , section 97 (1) (b) .

Penalty—

Maximum penalty—100 penalty units.

(2) It is not a reasonable excuse for a person to fail to answer a question because answering the question might tend to incriminate the person.

(3) It is not a reasonable excuse for a person to fail to produce a document or thing because producing the document or thing might tend to incriminate the person.

(4) However, evidence of, or directly or indirectly derived from, a person’s answer or production of a document or thing that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than—

(a) a proceeding for any of the following offences—

(i) an offence against the QCAT Act , section 216 or 217 ;

(ii) another offence about the falsity of the answer, document or thing; or

(b) if the answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or

(c) if the answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration, licence or approval; or

(d) if the answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval.