Integrity Commission Act 2009

This section applies if a person claims privilege in respect of – any requirement or direction of an assessor exercising the powers of an investigator under Part 6; and any requirement or direction given to a person by an investigator or the chief executive officer under Part 6; and any requirement or direction given to a person by the Integrity Tribunal or an inquiry officer under Part 7 – to provide information or explanation, answer any question or produce any record, information, material or thing.

A person may, during an assessment of a complaint under section 35, an investigation under Part 6 or an inquiry under Part 7, claim privilege and refuse to – answer any question or provide any information or explanation; or produce any record, material or thing.

If a claim of privilege is made under subsection (2), the assessor, investigator, chief executive officer, inquiry officer or Integrity Tribunal may withdraw the requirement or direction to – answer any question or provide any information or explanation; or produce any record, material or thing.

If the requirement or direction to – answer any question or provide any information or explanation; or produce any record, material or thing – is not withdrawn, the assessor, investigator, chief executive officer, inquiry officer or Integrity Tribunal must issue a notice to comply with the requirement or direction.

A person must comply with the requirement or direction under subsection (4) or make application to the Supreme Court, within 14 days of being given notice to comply, for the Court to determine the claim of privilege.

A person who makes application to the Supreme Court under subsection (5) must give notice of the application to the Integrity Commission and the Integrity Commission is taken to be a party to the application.

The Supreme Court may determine that the answer, information or material is – privileged; or not privileged; or partly privileged.

The assessor, investigator, chief executive officer, inquiry officer or Integrity Tribunal must give effect to any determination or order or other direction made by the Supreme Court.

The Supreme Court may make Rules of Court relating to applications under subsection (5).

If a person who is subject to a notice to comply does not apply under subsection (5), the person is not entitled to claim privilege as a reasonable excuse in respect of – any requirement or direction of an assessor exercising the powers of an investigator under Part 6; and any requirement or direction given to a person by an investigator or the chief executive officer under Part 6; and any requirement or direction given to a person by the Integrity Tribunal or an inquiry officer under Part 7 – to provide information or explanation, answer any question or produce any record, information, material or thing.

If the Supreme Court does not determine that a claim of privilege exists and the person who is subject to the notice to comply does not comply with the notice, that person is not entitled to claim privilege as a reasonable excuse for not complying with the requirement or direction of an assessor, investigator, chief executive officer, inquiry officer or Integrity Tribunal.

Nothing in this section prevents a person entitled to claim privilege from waiving its application to any record, information, material or thing and a waiver once made cannot later be revoked.