New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 10.31

10.31 Protection from incrimination

(1) Self-incrimination not an excuse A person is not excused from a requirement under this Division to produce a document or statement, to give information or evidence or to answer a question on the ground that the document, statement, information, evidence or answer might incriminate the person or make the person liable to a penalty.

(2) Answer, information or evidence not admissible if objection made However, any answer, information or evidence given by a natural person in compliance with a requirement under this Division is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this Division) if--

(a) the person objected at the time to doing so on the ground that it might incriminate the person, or

(b) the person was not warned at an appropriate time that the person may object to giving the answer, information or evidence on the ground that it might incriminate the person.

(3) Appropriate time for giving warning about incrimination An
"appropriate time" for warning a person is any of the following times--

(a) the time when the requirement to give the answer, information or evidence is made,

(b) in the case of evidence required to be given when appearing before an investigation officer, any time after the start of the appearance before the officer,

(c) at or about the time immediately before the person gives the answer, information or evidence.

(4) Documents or statements admissible Any document or statement produced by a person in compliance with a requirement under this Division is not inadmissible in evidence against the person in criminal proceedings on the ground that the document or statement might incriminate the person.

(5) Further information Further information obtained as a result of a document or statement produced or information, evidence or answer given in compliance with a requirement under this Division is not inadmissible on the ground--

(a) that the document, statement, information, evidence or answer had to be produced or given, or

(b) that the document, statement, information, evidence or answer might incriminate the person.