Guardianship and Administration Act 2000

A witness at a hearing must not, unless the person has a reasonable excuse—

fail to answer a question the person is required to answer by the presiding member; or

fail to produce a document or thing the person is required to produce by notice given by the tribunal under the QCAT Act, section 97(1)(b).

It is not a reasonable excuse for a person to fail to answer a question because answering the question might tend to incriminate the person.

It is not a reasonable excuse for a person to fail to produce a document or thing because producing the document or thing might tend to incriminate the person.

However, evidence of, or directly or indirectly derived from, a person’s answer or production of a document or thing that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than—

a proceeding for any of the following offences—

an offence against the QCAT Act, section 216 or 217;

another offence about the falsity of the answer, document or thing; or

if the answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or

if the answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration, licence or approval; or

if the answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval.