211ACLEI staff generally not compellable in court proceedings

211 ACLEI staff generally not compellable in court proceedings

(1) This section applies to: (a) proceedings before a court (whether exercising federal jurisdiction or not); and (b) proceedings before any tribunal, authority or person having power to require the production of documents or the answering of questions. (2) A person who is, or has been, a staff member of ACLEI is not compellable in any proceedings to which this section applies: (a) to disclose any information that: (i) he or she acquired because of his or her being or having been a staff member of ACLEI; and (ii) was disclosed or obtained under the provisions of, or for the purposes of, this Act; or (b) to produce any document that: (i) has come into his or her custody or control in the course of, or because of, the performance of his or her duties under this Act; and (ii) was produced under the provisions of, or for the purposes of, this Act. (3) Subsection (1) does not apply to a proceeding if: (a) any of the following is a party to the proceedings in his or her official capacity: (i) the Integrity Commissioner; (ii) a delegate of the Integrity Commissioner; (iii) a person authorised by the Integrity Commissioner to exercise a power or perform a function under this Act; or (b) the proceeding is brought for the purposes of carrying into effect a provision of this Act; or (c) the proceeding is a prosecution, civil penalty proceeding or confiscation proceeding brought as a result of: (i) a corruption investigation or public inquiry; or (ii) an investigation of a corruption issue that the Integrity Commissioner manages or oversees. (4) In this section:

produce includes permit access to, and production has a corresponding meaning.