The common law recognises a distinct privilege against spouse incrimination that is not merely a rule of evidence confined to courtroom proceedings but extends to non-judicial investigative hearings, including those conducted by the Crime and Misconduct Commission. Section 190(2)(b) of the Crime and Misconduct Act 2001 (Qld), read with the exhaustive definition of 'privilege' in Schedule 2, does not abrogate this privilege because the definition limits the privileges addressed to self-incrimination and legal professional privilege. A spouse summoned before the Commission may rely on spousal privilege as a 'reasonable excuse' for refusing to answer questions that would incriminate the other spouse.
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