New South Wales Consolidated Acts New South Wales Consolidated Acts(cf ICAC Act s 37)
(1) A witness summoned to attend or appearing before the Commission at a hearing is not entitled to refuse:(a) to be sworn or to make an affirmation, or(b) to answer any question relevant to an investigation put to the witness by the Commissioner or other person presiding at a hearing, or(c) to produce any document or other thing in the witness’s custody or control that the witness is required by the summons or by the person presiding to produce.
(2) A witness summoned to attend or appearing before the Commission at a hearing is not excused from answering any question or producing any document or other thing on the ground that the answer or production may incriminate or tend to incriminate the witness, or on any other ground of privilege, or on the ground of a duty of secrecy or other restriction on disclosure, or on any other ground.
(3) An answer made, or document or other thing produced, by a witness at a hearing before the Commission is not (except as otherwise provided in this section) admissible in evidence against the person in any civil or criminal proceedings, but may be used in deciding whether to make an order under section 173 or 181D of the Police Act 1990 and is admissible in any proceedings under Division 1A or 1C of Part 9 of that Act, an order under section 183A of that Act or any proceedings for the purposes of Division 2A of Part 9 of that Act with respect to an order under section 183A of that Act and in any disciplinary proceedings (including for the purposes of taking disciplinary action under Part 2.7 of the Public Sector Employment and Management Act 2002 ).
(4) Nothing in this section makes inadmissible:(a) any answer, document or other thing in proceedings for an offence against this Act or in proceedings for contempt under this Act, or(b) any answer, document or other thing in any civil or criminal proceedings if the witness does not object to giving the answer or producing the document or other thing irrespective of the provisions of subsection (2), or(c) any document in any civil proceedings for or in respect of any right or liability conferred or imposed by the document or other thing.
(5) Where:(a) an Australian legal practitioner or other person is required to answer a question or produce a document or other thing at a hearing before the Commission, and(b) the answer to the question would disclose, or the document or other thing contains, a privileged communication passing between an Australian legal practitioner (in his or her capacity as an Australian legal practitioner) and a person for the purpose of providing or receiving legal professional services in relation to the appearance, or reasonably anticipated appearance, of a person at a hearing before the Commission,the Australian legal practitioner or other person is entitled to refuse to comply with the requirement, unless the privilege is waived by a person having authority to do so.