New South Wales Consolidated Acts

EVIDENCE ON COMMISSION ACT 1995 - SECT 34

34 Privilege of witnesses

(1) A person must not be compelled by virtue of an order under section 33 to give any evidence which the person could not be compelled to give:

(a) in similar proceedings in the State, or

(b) in similar proceedings in the place in which the requesting court exercises jurisdiction.

(2) Subsection (1) (b) does not apply unless the claim of the person in question to be exempt from giving evidence is either:

(a) supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled), or

(b) conceded by the applicant for the order.

(3) If such a claim by any person is not so supported or conceded, the person may (subject to the other provisions of this section) be required to give the evidence to which the claim relates, but that evidence is not to be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim.

(4) In this section, references to giving evidence include references to answering any question and to producing any document, and the reference in subsection (3) to the transmission of evidence given by a person is to be construed accordingly.