Health Insurance Act 1973

A person who is required under subsection 89B(2) or 105A(2) to produce documents for inspection is not entitled to refuse to produce the documents on the ground that the production of the documents might tend to incriminate him or her.

Under subsections 89B(2) and 105A(2), a person may be required to produce documents relevant to the Director’s review of the provision of services by a person, and documents relevant to the referral made to the Committee.

However, the production of any such documents, and any information or thing (including any document) obtained as a direct or indirect result of the production of the documents, is not admissible in evidence against the person in any criminal or civil proceedings (including proceedings for the purposes of the National Law) other than the following:

proceedings for an offence against subsection 106ZPN(1) (failing to produce documents or give information) or section 106ZPP (false or misleading documents);

proceedings before a Committee or the Determining Authority;

proceedings to recover an amount that is:

recoverable under this Part as a debt due to the Commonwealth; or

otherwise required by or under this Part to be repaid to the Commonwealth;

any other proceedings in relation to compliance with a requirement under this Part.

For the purposes of subparagraph (c)(ii), an example of an amount required by or under this Part to be repaid to the Commonwealth is an amount that is to be repaid to the Commonwealth in accordance with a final determination under section 106TA.

Subsection (2) does not prevent information, a document or other thing being admitted in evidence in proceedings against the person if:

the information, document or other thing is obtained by:

an appropriate person or body for the person (within the meaning of subsection 106XA(4)); or

the appropriate body, or one of the appropriate bodies, referred to in subsection 106XB(3) in relation to the person; and

the information, document or other thing is obtained under subsection 106XA(2) or (3), 106XB(2), 106XC(2) or 129E(2) or (3); and

the proceedings are for the purposes of the National Law.

Subsection (2) does not prevent information, a document or other thing being admitted in evidence in proceedings against the person if the information, document or other thing:

is not a document produced under subsection 89B(2) or 105A(2); but

is, as a result of the production of a document under subsection 89B(2) or 105A(2), created or obtained by:

an appropriate person or body for the person (within the meaning of subsection 106XA(4)); or

the appropriate body, or one of the appropriate bodies, referred to in subsection 106XB(3) in relation to the person.