Privilege of witnesses
118 Privilege of witnesses
A person shall not be compelled by virtue of an order under section 117 to give any evidence which the person could not be compelled to give —
in similar proceedings in Western Australia; or
in similar proceedings in the place in which the requesting court exercises jurisdiction.
Subsection (1)(b) does not apply unless the claim of the person in question to be exempt from giving evidence is either —
supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled); or
conceded by the applicant for the order.
Where such a claim by any person is not so supported or conceded, the person may (subject to the other provisions of this section) be required to give the evidence to which the claim relates, but that evidence shall not be transmitted to the requesting court unless that court, on the matter being referred to it, dismisses the claim.
In this section, references to giving evidence include references to answering any question and to producing any document, and the reference in subsection (3) to the transmission of evidence given by a person shall be construed accordingly.
[Section 118 inserted: No. 34 of 1989 s. 4.]
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