New South Wales Consolidated Acts

PRIVATE HEALTH FACILITIES ACT 2007 - SECT 53A

53A Provisions relating to requirements to furnish documents, information or answer questions

(1) A person is not guilty of an offence of failing to comply with a direction under this Part to furnish documents, information or other things, or to answer a question, unless the person was warned on that occasion that a failure to comply is an offence.

(2) A person is not excused from a direction under this Part to furnish documents, information or other things, or to answer a question, on the ground that the document, information, thing or answer might incriminate the person or make the person liable to a penalty.

(3) However, any information furnished or answer given by a natural person in compliance with a direction under this Part is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under Part 5A of the Crimes Act 1900 ) 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 on that occasion that the person may object to furnishing the information or giving the answer on the ground that it might incriminate the person.

(4) Any document furnished by a person in compliance with a direction under this Part is not inadmissible in evidence against the person in criminal proceedings by reason only that the document incriminates the person.

(5) Further information obtained as a result of a document or information furnished, or of an answer given, in compliance with a direction under this Part is not inadmissible by reason only--

(a) that the document or information had to be furnished or the answer had to be given, or

(b) that the document or information furnished or answer given incriminates the person.