Possible Defences - Crime And Misconduct Commission-Failure To Produce Documents In A Misconduct Hearing

Possible defences to an offence against either subsection (1) or (6) include but are not limited to:

1. You were never given a notice to discover under section 75.

2. You were never given a notice to appear at a misconduct hearing.

3. You were never given a requirement under section 75B.

4. You in fact produced the document/s as required by the notice or requirement.

5. You are (or were) a solicitor and the document was subject to legal professional privilege and authority to produce the document was refused.

6. You have a reasonable excuse, for example:

(a) You honestly and reasonably could not produce the document (i.e as you did not have the document in your possession, could not access the document or a copy of the document, and this is not by some fault of your own).

(b) The answer is self-incriminating (but remember the presiding officer may still require you to answer pursuant to section 194(2) of the Crime and Misconduct Act).

7. Duress - example: there was a threat of harm to the accused or another person that the accused reasonably believe would be carried out if he/she did do the acts that constituted the offence.

8. Insanity.

9. Identification i.e. the accused was not the offender.