David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

In response to the self-incrimination aspect, in practice the requirement of a witness claiming protection against self-incrimination before each answer creates a disruption in the interrogation process in this framework. In addition, the process is often confusing for unrepresented witnesses, who regularly need a lengthy explanation of how the process works. Item 39 allows examiners to expand the privilege against self-incrimination to all evidence given in relation to a question or a class of questions, a document or a class of documents or a thing or a class of things. As a result of the examiner’s direction all evidence given in relation to a question or class of questions, documents or thing or class of things or documents specified in the direction will be subject to a claim of privilege in accordance with section 30(4)(c) of the ACC Act and the immunity provision in subsection 30(5) will apply.

In this framework the person is given the caution with respect to self-incrimination but must answer the questions. In other words, this amendment will simplify proceedings for witnesses and reduce the duration of examinations as the interruption caused by witnesses making a claim of privilege before answering each question or producing each document or thing will be alleviated at the examiner’s discretion. This aligns with the Evidence Act 1995 by requiring the examiner to caution a witness about self-incrimination before beginning questioning, and the amendment will reduce the potential prosecution of many witnesses who follow.