Procedure for determining claims of privilege or claims of a secrecy requirement
146 Procedure for determining claims of privilege or claims of a secrecy requirement
S. 146 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)).
This section applies if a person claims at an examination, or on production of a document or other thing, before the IBAC that—
the information which is an answer to a question or otherwise required to be provided is the subject of privilege; or
the document or other thing is the subject of privilege; or
the document or thing cannot be disclosed due to a secrecy requirement of any enactment or other law that applies to the person; or
the information which is an answer to a question or otherwise required to be provided cannot be disclosed due to a secrecy requirement of any enactment or other law that applies to the person.
A person making a claim to which this section applies must attend before the IBAC in accordance with the witness summons.
The IBAC must consider the claim of privilege or application of the secrecy requirement and either—
withdraw the requirement to answer the question or provide the information or to produce the document or other thing, as the case requires, over which the claim is made; or
not withdraw the requirement and, in the case of a requirement to produce a document or other thing, require the claimant to immediately seal the document or other thing in an envelope, or otherwise secure it if it cannot be sealed in an envelope, and give it to the IBAC.
If the claim relates to a document or other thing, the IBAC must not inspect the document or thing in considering the claim.
If the IBAC does not withdraw the requirement to answer the question or provide the information or to produce the document or other thing the IBAC must—
apply to the Supreme Court in accordance with section 147 for determination of the claim of privilege or application of the secrecy requirement; and
if the IBAC requires the claimant to give the document or other thing to the IBAC under subsection (3)(b), the IBAC must immediately give the sealed envelope or the document or other thing otherwise secured to the proper court officer of the Supreme Court to be held in safe custody.
Subject to section 148, a person must not open a sealed envelope or interfere with a document or thing secured otherwise than in an envelope before delivery to the proper officer of the Supreme Court.
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