Commonwealth Consolidated Acts

PUBLIC SERVICE ACT 1999 - SECT 72D

Application

  (1)   This section applies if:

  (a)   either:

  (i)   the Merit Protection Commissioner requests a person to give information (including an answer to a question) or produce a document to the Merit Protection Commissioner for purposes connected with the performance of functions or duties, or the exercise of powers, under a provision referred to in subsection   (2); or

  (ii)   a person reasonably believes that information or a document is relevant for purposes connected with the performance of functions or duties, or the exercise of powers, under a provision referred to in subsection   (2); and

  (b)   the person obtained the information or document lawfully; and

  (c)   the person gives the information or produces the document to the Merit Protection Commissioner.

  (2)   For the purposes of subparagraphs   (1)(a)(i) and (ii), the provisions are:

  (a)   sections   50 and 50A; and

  (b)   any other provision of this Act or the regulations prescribed by the regulations for the purposes of this paragraph.

Giving information or producing document not admissible in evidence in certain proceedings

  (3)   If, by giving the information or producing the document to the Merit Protection Commissioner, the person:

  (a)   contravenes any other law; or

  (b)   might tend to incriminate the person or make the person liable to a penalty; or

  (c)   discloses legal advice given to a Minister or an Agency; or

  (d)   discloses a communication between a person performing functions or duties, or exercising powers, in an Agency and another person or body, being a communication protected against disclosure by legal professional privilege; or

  (e)   otherwise acts contrary to the public interest;

the giving of the information or the production of the document is not admissible in evidence against the person in proceedings (other than proceedings for an offence against section   137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act).

Person not liable to penalty

  (4)   The person is not liable to any penalty under the provisions of any other law by reason of his or her giving the information or producing the document to the Merit Protection Commissioner.

Disclosure of personal information is authorised for purposes of Privacy Act

  (5)   To the extent that the giving of the information or the production of the document to the Merit Protection Commissioner involves a disclosure of personal information, the disclosure is taken to be authorised by this Act for the purposes of the Privacy Act 1988 .

Legal professional privilege not affected

  (6)   Subsection   (3) does not otherwise affect a claim of legal professional privilege that anyone may make in relation to the information or document.