CRIME AND CORRUPTION ACT 2001 - SECT 385
Declaration
CRIME AND CORRUPTION ACT 2001 - SECT 385
Declaration
385 Declaration
(1) It is declared that, from the commencement, a witness at a
misconduct hearing was not entitled to refuse to answer a question on the
ground of the self-incrimination privilege or on the ground of
confidentiality.
(2) Without limiting subsection (1), it is declared that
from the commencement—
(a) it has always been and continues to be lawful for
the presiding officer at a misconduct hearing to require an individual to
answer a question after that individual has made a claim on the ground of the
self-incrimination privilege in relation to an answer; and
(b) it has always
been and continues to be lawful for the presiding officer at a
misconduct hearing, in response to a claim on the ground of the
self-incrimination privilege made by an individual in relation to an answer,
to make an order that all answers or a class of answer given by the individual
are to be regarded as having been given or produced on objection on the ground
of the self-incrimination privilege; and
(c) it has always been and continues
to be lawful for the presiding officer at a misconduct hearing to require an
individual to answer all questions or a class of question after the presiding
officer has made an order that all answers or a class of answer given by the
individual are to be regarded as having been given or produced on objection on
the ground of the self-incrimination privilege; and
(d) any answer given by
an individual giving evidence at a misconduct hearing who has been directed to
answer a question after a claim been made on the ground of the
self-incrimination privilege in relation to that answer, has always been and
continues to be admissible in any proceeding about—
(i) the falsity or
misleading nature of an answer, document, thing or statement given or produced
by the individual; or
(ii) an offence against this Act; or
(iii) a contempt
of a person conducting the hearing.
