sec.385Declaration

### sec.385 Declaration It is declared that, from the commencement, a witness at a misconduct hearing was not entitled to refuse to answer a question on the ground of the self-incrimination privilege or on the ground of confidentiality. Without limiting subsection (1), it is declared that from the commencement— it has always been and continues to be lawful for the presiding officer at a misconduct hearing to require an individual to answer a question after that individual has made a claim on the ground of the self-incrimination privilege in relation to an answer; and it has always been and continues to be lawful for the presiding officer at a misconduct hearing, in response to a claim on the ground of the self-incrimination privilege made by an individual in relation to an answer, to make an order that all answers or a class of answer given by the individual are to be regarded as having been given or produced on objection on the ground of the self-incrimination privilege; and it has always been and continues to be lawful for the presiding officer at a misconduct hearing to require an individual to answer all questions or a class of question after the presiding officer has made an order that all answers or a class of answer given by the individual are to be regarded as having been given or produced on objection on the ground of the self-incrimination privilege; and any answer given by an individual giving evidence at a misconduct hearing who has been directed to answer a question after a claim been made on the ground of the self-incrimination privilege in relation to that answer, has always been and continues to be admissible in any proceeding about— the falsity or misleading nature of an answer, document, thing or statement given or produced by the individual; or an offence against this Act; or a contempt of a person conducting the hearing. In this section— commencement means the commencement of section 192 on 1 January 2002. misconduct hearing means a commission hearing in the context of a misconduct investigation. s 385 ins 2008 No. 50 s 12 (sec.385-ssec.1) It is declared that, from the commencement, a witness at a misconduct hearing was not entitled to refuse to answer a question on the ground of the self-incrimination privilege or on the ground of confidentiality. (sec.385-ssec.2) Without limiting subsection (1), it is declared that from the commencement— it has always been and continues to be lawful for the presiding officer at a misconduct hearing to require an individual to answer a question after that individual has made a claim on the ground of the self-incrimination privilege in relation to an answer; and it has always been and continues to be lawful for the presiding officer at a misconduct hearing, in response to a claim on the ground of the self-incrimination privilege made by an individual in relation to an answer, to make an order that all answers or a class of answer given by the individual are to be regarded as having been given or produced on objection on the ground of the self-incrimination privilege; and it has always been and continues to be lawful for the presiding officer at a misconduct hearing to require an individual to answer all questions or a class of question after the presiding officer has made an order that all answers or a class of answer given by the individual are to be regarded as having been given or produced on objection on the ground of the self-incrimination privilege; and any answer given by an individual giving evidence at a misconduct hearing who has been directed to answer a question after a claim been made on the ground of the self-incrimination privilege in relation to that answer, has always been and continues to be admissible in any proceeding about— the falsity or misleading nature of an answer, document, thing or statement given or produced by the individual; or an offence against this Act; or a contempt of a person conducting the hearing. (sec.385-ssec.3) In this section— commencement means the commencement of section 192 on 1 January 2002. misconduct hearing means a commission hearing in the context of a misconduct investigation. - (a) it has always been and continues to be lawful for the presiding officer at a misconduct hearing to require an individual to answer a question after that individual has made a claim on the ground of the self-incrimination privilege in relation to an answer; and - (b) it has always been and continues to be lawful for the presiding officer at a misconduct hearing, in response to a claim on the ground of the self-incrimination privilege made by an individual in relation to an answer, to make an order that all answers or a class of answer given by the individual are to be regarded as having been given or produced on objection on the ground of the self-incrimination privilege; and - (c) it has always been and continues to be lawful for the presiding officer at a misconduct hearing to require an individual to answer all questions or a class of question after the presiding officer has made an order that all answers or a class of answer given by the individual are to be regarded as having been given or produced on objection on the ground of the self-incrimination privilege; and - (d) any answer given by an individual giving evidence at a misconduct hearing who has been directed to answer a question after a claim been made on the ground of the self-incrimination privilege in relation to that answer, has always been and continues to be admissible in any proceeding about— (i) the falsity or misleading nature of an answer, document, thing or statement given or produced by the individual; or (ii) an offence against this Act; or (iii) a contempt of a person conducting the hearing. - (i) the falsity or misleading nature of an answer, document, thing or statement given or produced by the individual; or - (ii) an offence against this Act; or - (iii) a contempt of a person conducting the hearing. - (i) the falsity or misleading nature of an answer, document, thing or statement given or produced by the individual; or - (ii) an offence against this Act; or - (iii) a contempt of a person conducting the hearing.