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 ; and

(b) any requirement or direction given to a person by an investigator or the chief executive officer under Part 6 ; and

(c) any requirement or direction given to a person by the Integrity Tribunal or an inquiry officer under Part 7  –

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 , an investigation under Part 6 or an inquiry under Part 7 , 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) , 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is not withdrawn, the assessor, investigator, chief executive officer, inquiry officer or Integrity Tribunal must issue a notice to comply with the requirement or direction.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) 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.