Crimes Act 1914

Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this Division, on the ground that giving the information, answering the question, or giving access to the document, as the case may be:

would contravene a law; or

would be contrary to the public interest; or

might tend to incriminate the person or make the person liable to a penalty; or

would disclose one of the following:

a legal advice given to a Minister or a Department, or a prescribed authority (within the meaning of the Ombudsman Act 1976);

a communication between an officer of a Department or of a prescribed authority (within the meaning of the Ombudsman Act 1976) and another person or body, being a communication protected against disclosure by legal professional privilege.

However, if the person is a natural person:

the information, the answer, or the fact that the person has given access to the document, as the case may be; and

any information or thing (including a document) obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document;

Nothing in section 3ZZHA or any other law prevents a staff member of an eligible agency from:

giving information to the Ombudsman or an inspecting officer (whether orally or in writing and whether or not in answer to a question); or

giving access to a record of the agency to the Ombudsman or an inspecting officer;

Nothing in section 3ZZHA or any other law prevents a staff member of an eligible agency from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (3).

The fact that a person is not excused under subsection (1) from giving information, answering a question or producing a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, answer or document.