Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The CEO may, and
upon the request of the Minister must, appoint a suitably qualified person (an
investigator ) to inquire into and report upon any matter, incident or
occurrence concerning any service that is a subject of a contract other than
whether or not an offence has been committed.
(2) For the purposes
of carrying out an inquiry, an investigator may require —
(a) the
contractor or an employee or agent of that contractor; or
(b) a
subcontractor or an employee or agent of that subcontractor,
to give the
investigator such information as the investigator requires or to answer any
question put to the person in relation to any matter, incident or occurrence
that is the subject of the inquiry.
(3) An investigator
may specify the form or manner in which the information or answer is to be
given.
(4) A person is not
excused from giving any information or answering any question, when required
to do so by an investigator, on the ground that the information or answer
might incriminate the person or render the person liable to a penalty, but
that information or answer is not admissible in evidence against the person
who gives it in any proceedings, whether civil or criminal, in any court
except in proceedings for an offence under subsection (5).
(5) A person must not,
in response to a requirement under subsection (2) —
(a) fail
or refuse to supply the required information or answer the question; or
(b) give
information or an answer that is false or misleading in a material particular.
Penalty: $1 000.
(6) Before an
investigator requests a person to give information or asks a person a question
for the purposes of an inquiry the investigator must advise the
person —
(a) that
the person does not have to give the information or answer the question unless
the investigator requires the person to do so;
(b) that
if the person gives the information or answers the question on the request of
the investigator but without having been required by the investigator to do
so, the information or answer may be admissible in evidence against the person
in any proceedings;
(c) of
the effect of giving the information or answering the question in response to
a requirement of the investigator to do so, as mentioned in
subsection (4); and
(d) of
the offences and the penalty as mentioned in subsection (5).
(7) A requirement of
an investigator to give information or answer a question for the purposes of
an inquiry must be clearly distinguishable from a request to give the
information or answer the question.