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Integrity Sport and Recreation Act 2023

General and miscellaneous provisions

45: Immunities and privileges in relation to giving information or documents to Commission

You could also call this:

"Protection for people who share information with the Commission during an investigation"

Illustration for Integrity Sport and Recreation Act 2023

If you give information or documents to the Commission for an investigation under section 31 or 32, you have the same protections as if you were in a court case. The Commission's investigation is like a court case, and some rules from the Evidence Act 2006 apply.

When the Commission investigates, they follow rules like a court would, and they make decisions like a judge would. If you do not want to share some information or documents, you can claim a special right to keep it secret.

The Commission might look at the secret information or documents if you say they can, or they might ask someone independent to look at it, to decide if you have a good reason to keep it secret, or if you should share it, using rules from section 52 of the Evidence Act 2006.

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44: Sharing of evidence and information by Customs, Police, and others, or

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46: Immunities from proceedings for persons providing information or documents, or

"Protection from court cases if you give information to help with sport investigations"

Part 5General and miscellaneous provisions

45Immunities and privileges in relation to giving information or documents to Commission

  1. A person giving information or producing documents to the Commission for the purpose of an investigation under section 31 or 32 has the same immunities and privileges as if they were appearing in civil proceedings, and subpart 8 of Part 2 of the Evidence Act 2006 applies to the investigation, to the extent that it is relevant, as if—

  2. the investigation were a civil proceeding; and
    1. every reference to a Judge were a reference to the Commission.

      1. Subsection (3) applies if a person has been required to provide information or produce documents for the purpose in subsection (1) and wishes to claim a privilege or immunity described in that subsection.

      2. In order for the Commission to determine under section 52 of the Evidence Act 2006 whether the person claiming privilege has a justifiable reason for maintaining the privilege, or the information or document should be disclosed, the Commission may,—

      3. if authorised by the person, view the information or document; or
        1. direct the person to provide the information or document to an independent person.