37Privilege as regards answers, documents etc

#### 37 Privilege as regards answers, documents etc 37 Privilege as regards answers, documents etc > > (1) A witness summoned to attend or appearing before the Commission at a compulsory examination or public inquiry is not entitled to refuse— > > > > > (a) to be sworn or to make an affirmation, or > > > > > (b) to answer any question relevant to an investigation put to the witness by the Commissioner or other person presiding at a compulsory examination or public inquiry, or > > > > > (c) to produce any document or other thing in the witness’s custody or control which the witness is required by the summons or by the person presiding to produce. > > > (2) A witness summoned to attend or appearing before the Commission at a compulsory examination or public inquiry is not excused from answering any question or producing any document or other thing on the ground that the answer or production may incriminate or tend to incriminate the witness, or on any other ground of privilege, or on the ground of a duty of secrecy or other restriction on disclosure, or on any other ground. > > > (3) An answer made, or document or other thing produced, by a witness at a compulsory examination or public inquiry before the Commission or in accordance with a direction given by a Commissioner under section 35 (4A) is not (except as otherwise provided in this section or section 114A (5)) admissible in evidence against the person in any civil or criminal proceedings or in any disciplinary proceedings. > > > (4) Nothing in this section makes inadmissible— > > > > > (a) any answer, document or other thing in proceedings for an offence against this Act or in proceedings for contempt under this Act, or > > > > > (b) any answer, document or other thing in any civil or criminal proceedings or in any disciplinary proceedings if the witness does not object to giving the answer or producing the document or other thing irrespective of the provisions of subsection (2), or > > > > > (c) any document in any civil proceedings for or in respect of any right or liability conferred or imposed by the document or other thing. > > > (5) Where— > > > > > (a) an Australian legal practitioner or other person is required to answer a question or produce a document or other thing at a compulsory examination or public inquiry before the Commission or in accordance with a direction given by a Commissioner under section 35 (4A), and > > > > > (b) the answer to the question would disclose, or the document or other thing contains, a privileged communication passing between an Australian legal practitioner (in his or her capacity as an Australian legal practitioner) and a person for the purpose of providing or receiving legal professional services in relation to the appearance, or reasonably anticipated appearance, of a person at a compulsory examination or public inquiry before the Commission, > > > > the Australian legal practitioner or other person is entitled to refuse to comply with the requirement, unless the privilege is waived by a person having authority to do so. > > > (6) (Repealed) > > **s 37:** Am 1988 No 42, Sch 1 (1); 1989 No 187, sec 4; 2005 No 10, Sch 1 \[20\]; 2006 No 120, Sch 3.12 \[2\] \[5\]; 2011 No 36, Sch 1 \[8\]; 2013 No 14, Sch 1 \[2\]; 2016 No 65, Sch 1 \[3\].