sec.164Offences by witnesses

sec.164 Offences by witnesses

A person given a witness requirement notice must not fail, without a reasonable excuse, to— attend as required by the notice; and continue to attend as required by the health ombudsman until excused from further attendance. Maximum penalty—100 penalty units. A person appearing as a witness at a hearing must not— fail to take an oath or make an affirmation when required by the health ombudsman; or fail, without reasonable excuse, to answer a question the person is required to answer by an inquiry member; or fail, without reasonable excuse, to produce a record or other thing the person is required to produce under a witness requirement notice. Maximum penalty—100 penalty units. It is not a reasonable excuse for subsection (2) (b) or (c) that answering the question or producing the record or other thing might tend to incriminate the person. The following is not admissible in any civil, criminal or administrative proceeding as evidence against an individual who answers a question or produces a record or other thing at a hearing in response to a requirement under this part— the answer given, or the record or other thing produced, at the inquiry by the individual and the fact of that production ( primary evidence ); any information, or record or other thing, 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.164-ssec.1) A person given a witness requirement notice must not fail, without a reasonable excuse, to— attend as required by the notice; and continue to attend as required by the health ombudsman until excused from further attendance. Maximum penalty—100 penalty units. (sec.164-ssec.2) A person appearing as a witness at a hearing must not— fail to take an oath or make an affirmation when required by the health ombudsman; or fail, without reasonable excuse, to answer a question the person is required to answer by an inquiry member; or fail, without reasonable excuse, to produce a record or other thing the person is required to produce under a witness requirement notice. Maximum penalty—100 penalty units. (sec.164-ssec.3) It is not a reasonable excuse for subsection (2) (b) or (c) that answering the question or producing the record or other thing might tend to incriminate the person. (sec.164-ssec.4) The following is not admissible in any civil, criminal or administrative proceeding as evidence against an individual who answers a question or produces a record or other thing at a hearing in response to a requirement under this part— the answer given, or the record or other thing produced, at the inquiry by the individual and the fact of that production ( primary evidence ); any information, or record or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ). (sec.164-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.