Member to answer questions or give information in relation to breach of discipline
79A Member to answer questions or give information in relation to breach of discipline
This section applies to a member who is required by the
Commissioner or a prescribed member to answer questions or provide information in relation to an alleged or suspected breach of discipline by a member, whether or not an investigation has been initiated under section 81(3).
The member is not excused from answering a question or providing information when required to do so in relation to the breach of discipline or alleged breach of discipline on the ground that the answer to the question or the information may:
incriminate the member; or
make the member liable to a penalty.
However, the answer to the question or the information is not admissible as evidence against the member:
in any other proceedings against the member under this Act; or
in civil or criminal proceedings in a court.
Subsection (3) does not apply in relation to proceedings for the following matters:
perjury;
employment;
a claim in tort against the Territory made by a member.
Note for section 79A
Failure to comply with this section may constitute a breach of discipline under section 76(d) or
.
This Act’s bill:Second reading speech
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