sec.137Offences by witnesses

### sec.137 Offences by witnesses A witness at a hearing must not, unless the person has a reasonable excuse— fail to answer a question the person is required to answer by the presiding member; or fail to produce a document or thing the person is required to produce by notice given by the tribunal under the QCAT Act , section 97 (1) (b) . Maximum penalty—100 penalty units. It is not a reasonable excuse for a person to fail to answer a question because answering the question might tend to incriminate the person. It is not a reasonable excuse for a person to fail to produce a document or thing because producing the document or thing might tend to incriminate the person. However, evidence of, or directly or indirectly derived from, a person’s answer or production of a document or thing that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than— a proceeding for any of the following offences— an offence against the QCAT Act , section 216 or 217 ; another offence about the falsity of the answer, document or thing; or if the answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or if the answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration, licence or approval; or if the answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval. s 137 amd 2009 No. 24 s 1457 (sec.137-ssec.1) A witness at a hearing must not, unless the person has a reasonable excuse— fail to answer a question the person is required to answer by the presiding member; or fail to produce a document or thing the person is required to produce by notice given by the tribunal under the QCAT Act , section 97 (1) (b) . Maximum penalty—100 penalty units. (sec.137-ssec.2) It is not a reasonable excuse for a person to fail to answer a question because answering the question might tend to incriminate the person. (sec.137-ssec.3) It is not a reasonable excuse for a person to fail to produce a document or thing because producing the document or thing might tend to incriminate the person. (sec.137-ssec.4) However, evidence of, or directly or indirectly derived from, a person’s answer or production of a document or thing that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than— a proceeding for any of the following offences— an offence against the QCAT Act , section 216 or 217 ; another offence about the falsity of the answer, document or thing; or if the answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or if the answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration, licence or approval; or if the answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval. - (a) fail to answer a question the person is required to answer by the presiding member; or - (b) fail to produce a document or thing the person is required to produce by notice given by the tribunal under the QCAT Act , section 97 (1) (b) . - (a) a proceeding for any of the following offences— (i) an offence against the QCAT Act , section 216 or 217 ; (ii) another offence about the falsity of the answer, document or thing; or - (i) an offence against the QCAT Act , section 216 or 217 ; - (ii) another offence about the falsity of the answer, document or thing; or - (b) if the answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or - (c) if the answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration, licence or approval; or - (d) if the answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval. - (i) an offence against the QCAT Act , section 216 or 217 ; - (ii) another offence about the falsity of the answer, document or thing; or