176Privileges against self-incrimination and exposure to civil

176 Privileges against self-incrimination and exposure to civil penalty—use and derivative use immunity (1) Any information, document or other thing obtained directly because of the operation of section 175 is not admissible in evidence against the person in— (a) civil or criminal proceedings; or (b) a disciplinary process or action, unless the commission has made a finding of serious corrupt conduct or systemic corrupt conduct in relation to the person. (2) Any information, document or other thing obtained indirectly because of the operation of section 175 is not admissible in evidence against the person in civil or criminal proceedings, unless— (a) the information, document or other thing could have been obtained without the operation of section 175; or (b) the significance of the information, document or other thing could have been appreciated without the operation of section 175. civil or criminal proceedings— (a) means— (i) a civil proceeding; or (ii) a criminal proceeding, other than a proceeding for— (A) an offence in relation to the falsity or the misleading nature of the answer, document or information; or (B) an offence against the Criminal Code, chapter 7 (Administration of justice offences); but (b) does not include a proceeding for contempt of the commission. Note Contempt of the commission is dealt with in div 3.6.3.

disciplinary process or action means, in relation to a person’s employment as a public official, any of the following: (a) a process (a disciplinary process) undertaken to determine what, if any, disciplinary action is warranted in relation to a breach, or possible breach, of the person’s terms and conditions of employment; (b) an action taken (a disciplinary action) following a disciplinary process that is permitted under legislation or the person’s terms and conditions of employment; (c) a review process or proceeding, including an appeal process or proceeding, in relation to a disciplinary process or disciplinary action; (d) an administrative or judicial process or proceeding involving a claim for a remedy in relation to a disciplinary process or disciplinary action. Note See also s 196 which deals with the circumstances in which the commission may share information.