Application of Schedule 3, section 10(3) RTI Act

A person generally has the right to refuse to answer a question or produce a document if doing so would tend to incriminate them.  However, an Act can override this right and compel them to answer the question or produce the document.

Under this provision, information will be exempt from release if:

• a person was compelled to provide it under a power that overrides the privilege against self incrimination; and
• It was compelled in the course of an investigation into a contravention or suspected contravention of the law.

For information on applying this section, refer to Law enforcement and public safety.