31YUndertakings

31Y Undertakings

31Y Undertakings

(1) The Attorney General may, if in the Attorney General’s opinion it is appropriate, give to a protected person who makes, or proposes to make, a disclosure of the person’s past conduct while taking protected action an undertaking that the disclosure or the fact of the disclosure will not be used in evidence against the person, other than in proceedings relating to the falsity of the disclosure.

(2) The Ombudsman may recommend to the Attorney General a person be given an undertaking.

(3) If the Attorney General gives an undertaking, the disclosure or the fact of the disclosure, as applicable, is not admissible in evidence against the person in civil or criminal proceedings, other than proceedings relating to the falsity of the disclosure.

(4) An undertaking may be given conditionally or unconditionally.

(5) This section does not affect, and applies in addition to, section 36.

s 31Y: Ins 2022 No 14, Sch 5[9].