Disclosure and use of evidence given at examination
177 Disclosure and use of evidence given at examination
A person who was present at an examination held in private must not, without reasonable excuse, use or disclose, or permit or allow to be used or disclosed, any examination material, except to an officer of the Commission or an Australian legal practitioner appointed to assist the Commission or as permitted by the examining Commissioner or the regulations.
Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
Nothing in this section affects section 176, but a person cannot be punished under both sections for the same use or disclosure.
This section does not apply to an officer of the Commission or an Australian legal practitioner appointed to assist the Commission.
It is not a contravention of this section to disclose any examination material to a medical practitioner or psychologist for the purposes of that health practitioner providing medical or psychiatric care, treatment or counselling (including but not limited to psychological counselling) to a person who has given or may be about to give evidence before an examining Commissioner.
In this section—
examination material means the following—
any evidence given by a person before an examining Commissioner at an examination or record of the evidence,
a document or other thing produced by a person to an examining Commissioner at an examination.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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