New South Wales Consolidated Acts

ROYAL COMMISSION (POLICE SERVICE) ACT 1994 - SECT 8

8 Privilege as regards information, documents etc

(s 24 ICAC Act)

(1) This section applies where, under section 6 or 7, the Commissioner requires any person:

(a) to produce any statement of information, or

(b) to produce any document or other thing.

(2) The Commissioner must set aside the requirement if it appears to the Commissioner that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist a like requirement and it does not appear to the Commissioner that the person consents to compliance with the requirement.

(3) The person must however comply with the requirement despite:

(a) any rule which in proceedings in a court of law might justify an objection to compliance with a like requirement on grounds of public interest, or

(b) any privilege of a public authority or public official in that capacity which the authority or official could have claimed in a court of law, or

(c) any duty of secrecy or other restriction on disclosure applying to a public authority or public official.