Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 532T

532T Self-incrimination and legal professional privilege

(1) This section applies to a person who is an investigated person or an associated person for an investigated person if the person is required to answer a question put to the person by, or produce a document to, an investigator.

(2) The person is not excused from failure to comply with the requirement on the basis that complying—

(a) might tend to incriminate the person or expose the person to a penalty; or

(b) for an investigated person mentioned in section 532N (2) or an associated person for an investigated person mentioned in section 532N (2) , would disclose a privileged client communication.

(3) The investigator must inform the person, in a way that is reasonable in the circumstances, that—

(a) the person must comply with the requirement even though complying—

(i) might tend to incriminate the person or expose the person to a penalty; or

(ii) would disclose a privileged client communication; and

(b) if the person is an individual—under section 532ZA , there is a limited immunity against the future use of the information or document given in compliance with the requirement.

(4) If the person is an individual and the individual fails to comply with the requirement when the investigator has failed to comply with subsection (3) , the individual may not be convicted of the offence against section 532S (1) .

(5) If, in complying with a requirement made under section 532S , the person discloses a privileged client communication—

(a) the person is taken for all purposes not to have breached legal professional privilege in complying with the requirement; and

(b) the disclosure does not constitute a waiver of legal professional privilege or otherwise affect any claim of legal professional privilege for any purpose other than a proceeding for an offence against chapter 6B , part 2 or section 325P , 325R (1) or (2) or 325T .

(6) In this section—

"privileged client communication" means communication protected against disclosure by legal professional privilege that operates for the benefit of a client of an investigated person.