sec.28Self-incrimination not a reasonable excuse

### sec.28 Self-incrimination not a reasonable excuse This section applies to— a person who fails to comply with a notice under section 25 (1) to give information and answer questions or to produce documents or things; or a person subpoenaed under section 26 who attends before a Magistrates Court and refuses to answer a question put to the person or fails to give an answer to the court’s satisfaction. It is not a reasonable excuse for the person to— fail to comply with the notice; or refuse to answer the question or fail to give an answer to the court’s satisfaction; because compliance with the notice, answering the question or giving an answer to the court’s satisfaction might tend to incriminate the person. However, evidence of, or directly or indirectly derived from, information given by a person or a person’s answer or production of a document or thing that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than— a proceeding for an offence about the falsity of the information, answer, document or thing; or if the information, answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or if the information, answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration or licence; or if the information, answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval. (sec.28-ssec.1) This section applies to— a person who fails to comply with a notice under section 25 (1) to give information and answer questions or to produce documents or things; or a person subpoenaed under section 26 who attends before a Magistrates Court and refuses to answer a question put to the person or fails to give an answer to the court’s satisfaction. (sec.28-ssec.2) It is not a reasonable excuse for the person to— fail to comply with the notice; or refuse to answer the question or fail to give an answer to the court’s satisfaction; because compliance with the notice, answering the question or giving an answer to the court’s satisfaction might tend to incriminate the person. (sec.28-ssec.3) However, evidence of, or directly or indirectly derived from, information given by a person or a person’s answer or production of a document or thing that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than— a proceeding for an offence about the falsity of the information, answer, document or thing; or if the information, answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or if the information, answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration or licence; or if the information, answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval. - (a) a person who fails to comply with a notice under section 25 (1) to give information and answer questions or to produce documents or things; or - (b) a person subpoenaed under section 26 who attends before a Magistrates Court and refuses to answer a question put to the person or fails to give an answer to the court’s satisfaction. - (a) fail to comply with the notice; or - (b) refuse to answer the question or fail to give an answer to the court’s satisfaction; - (a) a proceeding for an offence about the falsity of the information, answer, document or thing; or - (b) if the information, answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or - (c) if the information, answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration or licence; or - (d) if the information, answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval.