92Claims of privilege

### 92 Claims of privilege > > (1)  This section applies if a person claims privilege in respect of – > > > > > > (a) any requirement or direction of an assessor exercising the powers of an investigator under [Part 6](#HP6@EN) ; and > > > > > > > (b) any requirement or direction given to a person by an investigator or the chief executive officer under [Part 6](#HP6@EN) ; and > > > > > > > (c) any requirement or direction given to a person by the Integrity Tribunal or an inquiry officer under [Part 7](#HP7@EN)  – > > > > to provide information or explanation, answer any question or produce any record, information, material or thing. > > > (2)  A person may, during an assessment of a complaint under [section 35](#GS35@EN) , an investigation under [Part 6](#HP6@EN) or an inquiry under [Part 7](#HP7@EN) , claim privilege and refuse to – > > > > > > (a) answer any question or provide any information or explanation; or > > > > > > > (b) produce any record, material or thing. > > > (3)  If a claim of privilege is made under [subsection (2)](#GS92@Gs2@EN) , the assessor, investigator, chief executive officer, inquiry officer or Integrity Tribunal may withdraw the requirement or direction to – > > > > > > (a) answer any question or provide any information or explanation; or > > > > > > > (b) produce any record, material or thing. > > > (4)  If the requirement or direction to – > > > > > > (a) answer any question or provide any information or explanation; or > > > > > > > (b) produce any record, material or thing – > > > > is not withdrawn, the assessor, investigator, chief executive officer, inquiry officer or Integrity Tribunal must issue a notice to comply with the requirement or direction. > > > (5)  A person must comply with the requirement or direction under [subsection (4)](#GS92@Gs4@EN) or make application to the Supreme Court, within 14 days of being given notice to comply, for the Court to determine the claim of privilege. > > > (6)  A person who makes application to the Supreme Court under [subsection (5)](#GS92@Gs5@EN) must give notice of the application to the Integrity Commission and the Integrity Commission is taken to be a party to the application. > > > (7)  The Supreme Court may determine that the answer, information or material is – > > > > > > (a) privileged; or > > > > > > > (b) not privileged; or > > > > > > > (c) partly privileged. > > > (8)  The assessor, investigator, chief executive officer, inquiry officer or Integrity Tribunal must give effect to any determination or order or other direction made by the Supreme Court. > > > (9)  The Supreme Court may make Rules of Court relating to applications under [subsection (5)](#GS92@Gs5@EN) . > > > (10)  If a person who is subject to a notice to comply does not apply under [subsection (5)](#GS92@Gs5@EN) , the person is not entitled to claim privilege as a reasonable excuse in respect of – > > > > > > (a) any requirement or direction of an assessor exercising the powers of an investigator under [Part 6](#HP6@EN) ; and > > > > > > > (b) any requirement or direction given to a person by an investigator or the chief executive officer under [Part 6](#HP6@EN) ; and > > > > > > > (c) any requirement or direction given to a person by the Integrity Tribunal or an inquiry officer under [Part 7](#HP7@EN)  – > > > > to provide information or explanation, answer any question or produce any record, information, material or thing. > > > (11)  If the Supreme Court does not determine that a claim of privilege exists and the person who is subject to the notice to comply does not comply with the notice, that person is not entitled to claim privilege as a reasonable excuse for not complying with the requirement or direction of an assessor, investigator, chief executive officer, inquiry officer or Integrity Tribunal. > > > (12)  Nothing in this section prevents a person entitled to claim privilege from waiving its application to any record, information, material or thing and a waiver once made cannot later be revoked.