Explanatory Statement Work Health Administration Bill 2011 (Serial 184) Explanatory Statement Work Health and Safety (National Uniform Legislation) Implementation Bill 2011 (Serial 185) Explanatory Statement Work Health and Safety (National Uniform Legislation) Bill 2011 (Serial 186)
Tabled paper 1535
Tabled papers for 11th Assembly 2008 - 2012; Tabled papers; ParliamentNT
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that the rights of persons under the criminal law are appropriately protected. Subclause 172(1) clarifies that there is no privilege against self incrimination under the Bill, including under clauses 171 (Power to require production of documents and answers to questions) and 155 (Powers of regulator to obtain information). This means that persons must comply with requirements made under these provisions, even if it means that they may be incriminated or exposed to a penalty in doing so. These arrangements are proposed because the right to silence is clearly capable of limiting the information that may be available to inspectors or the regulator, which may compromise inspectors or the regulators ability to ensure ongoing work health and safety protections. Securing ongoing compliance with the Bill and ensuring work health and safety are sufficiently important objectives as to justify some limitation of the right to silence. Subclause 172(2) instead provides for a use immunity which means that the answer to a question or information or a document provided by an individual under clause 171 is not admissible as evidence against that individual in civil or criminal proceedings. An exception applies in relation to proceedings arising out of the false or misleading nature of the answer information or document. Clause 173 - Warning to be given Clause 173 sets out the steps an inspector must take before requiring a person to produce a document or answer a question under Part 9. These steps are not required if documents or information are provided voluntarily. Under clause 173, an inspector must first identify himself or herself by producing his or her identity card or in some other way and then: warn the person that failure to comply with the requirement or to answer the question without reasonable excuse would constitute and offence (paragraph 173(1 )(b)); warn the person about the abrogation of privilege against self incrimination in clause 172 (paragraph 173(1)(c)); and advise the person about legal professional privilege - which is unaffected by the Bill (paragraph 173(1)(d)).
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