Executive officers - be warned – your right to silence under the Environmental Protection Act 1994 (Qld) has been removed

Recent amendments to the Environmental Protection Act, assented to on 27 April 2016, now compel an individual to answer a question put to them under s476 of the Act even if answering might tend to incriminate the individual.

What this means in practice is that executive officers are increasingly exposed to investigation and consequently possible enforcement action for legislative breaches in their own right. These amendments will prevent companies from sheltering in the executive officer's claim to privilege against self-incrimination for matters beyond those which have been physically documented or recorded.

THE AMENDMENTS

Under section 476 of the Act a person required to provide information (which may include external consultants) must do so unless there was a "reasonable excuse" for the refusal. It was a reasonable excuse not to comply with the notice if complying might tend to incriminate the person. In legal terms a person, as defined in the Acts