Part 4Appointments, administration, powers, offences and penalties, and technical provisions
Powers
121Grounds for refusing to comply with written notice
A person on whom a notice under section 120 is served is not required by section 120 to give or produce a thing sought by the notice if, and to the extent that,—
- the person claims within 5 working days after service of the notice that any or all of the grounds in subsection (2) apply to the thing; and
- the person's claim has not been considered and dismissed by the coroner who issued the notice or by another coroner acting in his or her place, or has been so considered and dismissed, but the dismissal is the subject of, or has been revoked on, an application for review (whether under section 126 or otherwise).
The grounds referred to in subsection (1) are that the giving or production of the thing sought by the notice—
- would, if the thing were sought from the person as a witness giving evidence in a court of law, be prevented by a privilege or immunity that the person would have as a witness, or as counsel, in that court:
- is prevented by an enactment, rule of law, or order or direction of a court that prohibits or restricts the making available of the thing, or the manner in which the thing may be made available:
- would be likely to prejudice the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences, and the right to a fair trial).