sec.162Notice requiring information

sec.162 Notice requiring information

For the purpose of an inquiry, the health ombudsman may, by notice given to a person, require the person to give to an inquiry member stated information within a stated reasonable period and in a stated reasonable way. The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty—100 penalty units. It is not a reasonable excuse for subsection (2) that giving the information might tend to incriminate the person. The following is not admissible in any civil, criminal or administrative proceeding as evidence against an individual who gives information under subsection (2) — the information given by the individual under subsection (2) and the fact of that giving ( primary evidence ); any information obtained as a direct or indirect result of primary evidence ( derived evidence ). Subsection (4) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence. (sec.162-ssec.1) For the purpose of an inquiry, the health ombudsman may, by notice given to a person, require the person to give to an inquiry member stated information within a stated reasonable period and in a stated reasonable way. (sec.162-ssec.2) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.162-ssec.3) It is not a reasonable excuse for subsection (2) that giving the information might tend to incriminate the person. (sec.162-ssec.4) The following is not admissible in any civil, criminal or administrative proceeding as evidence against an individual who gives information under subsection (2) — the information given by the individual under subsection (2) and the fact of that giving ( primary evidence ); any information obtained as a direct or indirect result of primary evidence ( derived evidence ). (sec.162-ssec.5) Subsection (4) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.

• (a) the information given by the individual under subsection (2) and the fact of that giving ( primary evidence );
• (b) any information obtained as a direct or indirect result of primary evidence ( derived evidence ).