Do I have to make a statement to a Workcover inspector if the statement will incriminate me?
An incriminating statement is one that includes evidence that an individual is guilty of a breach of the Legislation or has committed any other criminal offence. A person is not excused from making a statement to an inspector on the grounds that the statement may tend to incriminate him or her. However the statement is not admissible as evidence in a WorkCover prosecution or any other criminal proceedings against the individual if the person claims, before making the statement, that it might tend to incriminate him or her. It is also not admissible unless the inspector drew the individual’s attention to their right to make a claim that the statement might tend to incriminate them before the statement was made. As a precaution where a staff member is asked to give a statement to an inspector, if the inspector asks “Do you wish to claim the privilege against self-incrimination” it is recommended that the staff member reply “Yes”. Any document produced to an inspector is admissible in evi
