South Australian Numbered Acts South Australian Numbered ActsAfter section 23 insert:
23A—Privilege in respect of self-incrimination and penalty
(1) This section applies if a person objects to answering a question, or producing a record or document, at an inquest on the ground that the answer, record or document may tend to—
(a) in the case of a natural person—incriminate the person in respect of an Australian law or a foreign law; or
(b) in any case—make the person liable to a penalty under an Australian law or a foreign law.
(2) The Court must determine whether or not there are reasonable grounds for the objection.
(3) If the Court determines that there are reasonable grounds for the objection, the Court is to inform the person—
(a) that the person need not answer the question, or produce the record or document, unless required by the Court to do so under subsection (4)
; and
(b) that the Court will give a certificate under this section if—
(i) the person willingly answers the question, or produces the record or document, without being required to do so under subsection (4)
; or
(ii) the person answers the question, or produces the record or document, after being required to do so under subsection (4)
; and
(c) of the effect of such a certificate.
(4) The Court may require the person to answer the question, or produce the record or document, if the Court is satisfied that—
(a) the answer, record or document does not tend to incriminate the person in respect of, or make the person liable to a penalty under, a foreign law; and
(b) the interests of justice require that the person answer the question, or produce the record or document.
(5) If the person—
(a) willingly answers the question, or produces the record or document, without being required to do so under subsection (4)
; or
(b) answers the question, or produces the record or document, after being required to do so under subsection (4)
,
the Court must cause the person to be given a certificate under this section in respect of the answer, record or document.
(6) The Court must also cause a person to be given a certificate under this section if—
(a) the objection has been overruled; and
(b) after the question has been answered, or the record or document produced, the Court finds that there were reasonable grounds for the objection.
(7) A certificate under this section may relate to more than 1 question, record or document (or to a combination of 1 or more questions, 1 or more records and 1 or more documents).
(8) In any proceeding in a court or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence—
(a) an answer given, or a record or document produced, by a person in respect of which a certificate under this section has been given; and
(b) any information, document or thing obtained as a direct or indirect consequence of the person having answered a question, or produced a record or document,
cannot be used against the person.
(9) However, subsection (8)
does not apply to a criminal proceeding in respect of the falsity of the answer given, or the record or document produced.
(10) Subsection (8)
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 concerned.
(11) This section does not derogate from Parts 7 and 8 of the Health Care Act 2008
.
(12) In this section—
"Australian law" means a law of this State, another State, the Commonwealth or a Territory of the Commonwealth;
"foreign law" means a law of a foreign country or of a part of, or in force in a part of, a foreign country.