Dangerous Substances Act 2004

This section applies if—

a person is attending before the work health and safety commissioner in accordance with a requirement under section 88; and

the work health and safety commissioner requires the person to answer a question.

This section also applies if a person is required by a notice under section 88 to produce a document.

The person cannot rely on the common law privileges against self-incrimination and exposure to the imposition of a civil penalty to refuse to answer the question or produce the document.

Note The Legislation Act, s 171 deals with client legal privilege.

However, any information, document or thing obtained, directly or indirectly, because of the giving of the answer or the production of the document is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence against this part or the Criminal Code, part 3.4 (False or misleading statements, information and documents).

Part 6.2 Compliance agreements