sec.38Privilege of witnesses

### sec.38 Privilege of witnesses A person shall not be compelled by virtue of an order under section 37 to give any evidence which the person could not be compelled to give— in civil proceedings in the State; or subject to subsection (2) , in civil proceedings in the State or Territory of the Commonwealth or the overseas country in which the requesting court exercises jurisdiction. Subsection (1) (b) shall not apply unless the claim of the person in question to be exempt from giving the evidence is either— supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled); or conceded by the applicant for the order; and where such a claim made by any person is not supported or conceded as aforesaid the person may (subject to the other provisions of this section) be required to give the evidence to which the claim relates but that evidence shall not be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim. In this section, references to giving evidence include references to answering any question and to producing any document and the reference in subsection (2) to the transmission of evidence given by a person shall be construed accordingly. (sec.38-ssec.1) A person shall not be compelled by virtue of an order under section 37 to give any evidence which the person could not be compelled to give— in civil proceedings in the State; or subject to subsection (2) , in civil proceedings in the State or Territory of the Commonwealth or the overseas country in which the requesting court exercises jurisdiction. (sec.38-ssec.2) Subsection (1) (b) shall not apply unless the claim of the person in question to be exempt from giving the evidence is either— supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled); or conceded by the applicant for the order; and where such a claim made by any person is not supported or conceded as aforesaid the person may (subject to the other provisions of this section) be required to give the evidence to which the claim relates but that evidence shall not be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim. (sec.38-ssec.3) In this section, references to giving evidence include references to answering any question and to producing any document and the reference in subsection (2) to the transmission of evidence given by a person shall be construed accordingly. - (a) in civil proceedings in the State; or - (b) subject to subsection (2) , in civil proceedings in the State or Territory of the Commonwealth or the overseas country in which the requesting court exercises jurisdiction. - (a) supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled); or - (b) conceded by the applicant for the order;