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Education and Care Services National Law Act 2010
219Self incrimination not an excuse
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219 Self incrimination not an excuse
Sch. s. 219(1) amended by No. 53/2025 s. 103(1).
(1) A person is not excused from complying with a notice or requirement under section 215, 216, 216A or 216B on the ground that complying with the notice or requirement may result in information being provided that might tend to incriminate the person.
(2) Subject to subsection (3), disclosed information is not admissible in evidence against the individual in any criminal proceedings (other than proceedings under section 218 or 295) or in any civil proceedings.
(3) Despite subsection (2), any information obtained from a document or documents required to be kept under this Law that is produced by a person is admissible in evidence against the person in criminal proceedings under this Law.
Sch. s. 219(4) def. of *disclosed information* amended by No. 53/2025 s. 103(2).
***disclosed information*** means—
(a) the answer by an individual to any question asked under section 215, 216, 216A or 216B; or
(b) the provision by an individual of any information in compliance with section 215, 216, 216A or 216B; or
(c) any information obtained directly or indirectly because of that answer or the provision of that information.
Part 10—Ministerial Council