81Privilege against self-incrimination

81 Privilege against self-incrimination (1) Except as provided by subsection (2) or (3), a witness is not entitled to refuse or fail to give evidence on the ground that the evidence might tend to incriminate the witness or make the witness liable to a penalty. (2) If a witness is currently charged with an offence: (a) the witness is entitled to refuse or fail to give evidence on the ground that the evidence might tend to incriminate the witness in relation to the offence; and (b) the ICAC must inform the witness of that entitlement: (i) before the witness is asked a question, or gives information or produces an item, at an examination or public inquiry; or (ii) otherwise – before the witness is asked a question, or gives information or produces an item, that could reasonably be expected to elicit a representation that might tend to incriminate the witness in relation to the offence. (3) A witness at an open session is also entitled to refuse or fail to give evidence on the ground that the evidence might tend to incriminate the witness in relation to an offence that, in the ICAC's opinion, is not materially relevant to the alleged improper conduct that is the subject of the public inquiry. (4) For a public inquiry, the ICAC must hear submissions about the applicability of subsection (2) or (3) in a closed session if the witness requests.