NSWIn ForceAct
Government Information (Information Commissioner) Act 2009
41Commissioner, officer or expert as witness
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#### 41 Commissioner, officer or expert as witness
41 Commissioner, officer or expert as witness
> > (1) Neither the Commissioner nor a member of staff of the Commissioner is competent or compellable to give evidence or produce any document in any legal proceedings in respect of any information obtained by the Commissioner or member of staff in the course of the exercise of functions under this or any other Act.
>
> > (2) Subsection (1) does not apply to any legal proceedings—
> >
> > > (a) under section 27 (Limits on coercive powers because of privilege etc), 42 (Immunity of Commissioner and others) or 43 (Offences), or
> >
> > > (b) under Part 3 of the [Royal Commissions Act 1923](/view/html/inforce/current/act-1923-029), or
> >
> > > (c) under Part 4 of the [Special Commissions of Inquiry Act 1983](/view/html/inforce/current/act-1983-090).
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> > (3) This section applies to a person whose services are engaged under section 16 in the same way as it applies to a member of staff of the Commissioner.