Generally, a regulator does not have the power to compel the production of privileged documents; however, it depends on the particular statute from which the regulator obtains its powers. For example, in New South Wales, privilege has been abrogated by statute in relation to certain matters concerning the investigation into the James Hardie Group. A number of statutes expressly abrogate the entitlement to claim privilege against self-incrimination.

It should be noted that there are additional considerations which parties may have to weigh up when it comes to deciding whether or not to disclose privileged materials to a regulator. For example, in situations where a party has obtained conditional immunity from prosecution from a regulator, although the regulator may not have the power to compel the production of privileged documents, there is a risk that the party will lose their conditional immunity should a condition of their immunity be a requirement to provide full, frank and truthful disclosure and cooperation with the regulator (including by withholding nothing of relevance).