Law Enforcement Conduct Commission Act 2016

This section applies if because of section 56 (3) any person (other than a body corporate) must comply with a requirement under section 54 or 55 to produce—

any statement of information, or

any document or other thing.

If the statement, document or other thing tends to incriminate the person and the person objects to production at the time the person is required to produce it, neither the fact of the requirement nor the statement, document or thing itself (if produced) may be used in any proceedings against the person (except proceedings for an offence against this Act, proceedings for contempt under this Act or as provided by subsections (3), (4) and (5)). This subsection extends to any further information, document or other thing obtained as a direct or indirect consequence of the statement, document or other thing produced.

They may however be used for the purposes of the investigation concerned, despite any such objection.

A statement, document or other thing may be used in deciding whether to—

make an order under section 173 or 181D of the Police Act 1990 (and is admissible in any proceedings under Division 1A or 1C of Part 9 of that Act), and

make an order under section 183A of the Police Act 1990 or any proceedings for the purposes of Division 2A of Part 9 of that Act with respect to such an order, and

make an order in any disciplinary proceedings, and

without limiting paragraph (c), take action under section 69 or 70 of the Government Sector Employment Act 2013.

Nothing in this section makes inadmissible—

any statement, document or other thing in proceedings for an offence against this Act or in proceedings for contempt under this Act, or

any statement, document or other thing in any civil or criminal proceedings if the witness does not object to making the statement or producing the document or other thing, or

any document in any civil proceedings for or in respect of any right or liability conferred or imposed by the document or other thing.