ACTIn ForceAct
Human Rights Commission Act 2005
75Privileges against self-incrimination and exposure to civil
Start here
Get a plain-English read of 75
Turn the raw legal text into a practical explanation grounded in Human Rights Commission Act 2005.
75 Privileges against self-incrimination and exposure to civil
penalty
(1) This section applies if a person is required by a notice under section
73 to provide information or produce a document or other thing.
(2) This section also applies if—
(a) a person is attending before an interviewer in accordance with a
requirement under section 74; and
(b) the interviewer requires the person to answer a question.
(3) However, this section does not apply to a person mentioned in
subsection (1) or (2) if the information, document or other thing to be
produced, or question asked, relates to a consideration of a complaint
under division 5.3 (Health care worker code of conduct).
(4) The person cannot rely on the common law privileges against
self-incrimination and exposure to the imposition of a civil penalty to
refuse to provide the information, produce the document or other
thing or answer the question.
Note The Legislation Act, s 171 deals with client legal privilege.
(5) However, any information, document or other thing obtained, directly
or indirectly, because of providing the information, the producing of
the document or other thing, or the answering of the question is not
admissible in evidence against the person in a civil or criminal
proceeding, other than a proceeding for—
(a) an offence against this part; or
(b) any other offence in relation to the falsity of the information,
document, other thing or answer.