Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this Division, on the ground that giving the information, answering the question, or giving access to the document, as the case may be:
(a) would contravene a law; or
(b) would be contrary to the public interest; or
(c) might tend to incriminate the person or make the person liable to a penalty; or
(d) would disclose one of the following:
(i) a legal advice given to a Minister or a Department, or a prescribed authority (within the meaning of the Ombudsman Act 1976 );
(ii) a communication between an officer of a Department or of a prescribed authority (within the meaning of the Ombudsman Act 1976 ) and another person or body, being a communication protected against disclosure by legal professional privilege.
(2) However, if the person is a natural person:
(a) the information, the answer, or the fact that the person has given access to the document, as the case may be; and
(b) any information or thing (including a document) obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document;
are not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against section 3ZZHA or against Part 7.4 or 7.7 of the Criminal Code .
(3) Nothing in section 3ZZHA or any other law prevents a staff member of an eligible agency from:
(a) giving information to the Ombudsman or an inspecting officer (whether orally or in writing and whether or not in answer to a question); or
(b) giving access to a record of the agency to the Ombudsman or an inspecting officer;
for the purposes of an inspection under this Division of the agency's records.
(4) Nothing in section 3ZZHA or any other law prevents a staff member of an eligible agency from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (3).
(5) The fact that a person is not excused under subsection (1) from giving information, answering a question or producing a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, answer or document.