The ICAC Act abrogates the accusatorial principle by necessary intendment, at least where public examinations occur before the examinee is charged. Compelled evidence given at ICAC public hearings may lawfully be made available to the DPP, and the DPP is not precluded from having officers who have read such evidence participate in the prosecution. The protection against admissibility in s 37 of the ICAC Act does not constitute a 'privilege' for the purposes of s 15A(6) of the DPP Act. Persons examined at ICAC public inquiries who wish to protect their position should apply under s 31(9) for evidence to be taken in private or under s 112 for a non-publication order.
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