Social Services Legislation Amendment (Welfare Reform) Act 2018 (26 of 2018)

Schedule 17   Information management

Social Security (Administration) Act 1999

54   After section 197

Insert:

197A Self-incrimination

(1) A person is not excused from giving information, or producing a document, under this Division on the ground that the information, or production of the document, might tend to incriminate the person or expose the person to a penalty.

(2) However, in the case of an individual:

(a) the information given or document produced; and

(b) giving the information or producing the document; and

(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document;

are not admissible in evidence against the individual in any criminal proceedings, other than:

(d) proceedings for an offence against subsection 197(1); or

(e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Division; or

(f) proceedings for an offence against Division 145 of the Criminal Code; or

(g) proceedings for an offence against section 217 that relates:

(i) to this Division; and

(ii) to a contravention of subsection 212(1), 213(1), 214(1), 214(2) or 216(3).

197B Use of information in investigations etc.

Subject to subsection 197A(2), nothing in this Division prevents information given, or a document produced, under this Division by a person from being used in:

(a) an inquiry or investigation into a matter; or

(b) criminal proceedings.