Commonwealth Consolidated Acts

LAW ENFORCEMENT INTEGRITY COMMISSIONER ACT 2006 - SECT 89

Certain evidence must be given in private

             (1)  A person giving evidence at a hearing held in public must give particular evidence in private if the evidence:

                     (a)  would disclose one of the following:

                              (i)  legal advice given to a Minister or a Commonwealth government agency;

                             (ii)  a communication between an officer of a Commonwealth government agency and another person or body, being a communication protected against disclosure by legal professional privilege; or

                     (b)  would breach a secrecy provision other than:

                              (i)  a taxation secrecy provision; or

                             (ii)  a law enforcement secrecy provision.

Note:          If the evidence involves section 149 certified information, the evidence may need to be given in private in order to comply with the terms of the certificate. In some circumstances the terms of the section 149 certificate may mean that the evidence may not be able to be given at all.

Person may request that certain evidence be given in private

             (2)  A person giving evidence at a hearing held in public may request that he or she give particular evidence in private on the grounds that:

                     (a)  the evidence relates to the profits or financial position of any person; and

                     (b)  the taking of evidence in public would be unfairly prejudicial to the interests of the person referred to in paragraph (a).

             (3)  The Integrity Commissioner may, if he or she considers it appropriate, allow the evidence to be given in private.