National Disability Insurance Scheme (Worker Screening) Act 2020

An authorised officer may, for the purpose of an investigation, do any of the following —

direct a person —

to give information; or

to answer a question put by the authorised officer;

direct a person to produce a record or document that is in the person’s possession or under the person’s control;

make a copy of a record or document produced in response to a direction under paragraph (b).

A direction under subsection (1)(a) —

must specify the time at or within which the information or answer must be given; and

may require that the information or answer —

be given orally or in writing; and

be given at, or sent or delivered to, a place specified in the direction; and

in the case of written information or a written answer — be sent or delivered by a means specified in the direction; and

be verified by statutory declaration.

A direction under subsection (1)(b) —

must specify the time at or within which the record or document must be produced; and

may require that the record or document be produced —

at a place specified in the direction; and

by a means specified in the direction.

A person is not excused from complying with a direction under this section to give information, answer a question or produce a record or document on the ground that complying with the direction might tend to incriminate the person or render the person liable to a penalty.

However, any information or answer given by an individual in compliance with a direction under subsection (4) is not admissible in evidence against the individual in criminal or civil proceedings other than proceedings for perjury or for an offence under section 69.

In directing a person under this section, an authorised officer must explain to the person —

that it is an offence to contravene the direction; and

the effect of subsections (4) and (5).

A direction under this section may be given orally or in writing.