Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES ACT 1958 - SECT 329

Evidence and legal proceedings

    (1)     In any legal proceeding evidence may be given as to the information contained in a disclosure under section 327(2).

    (2)     However in a legal proceeding evidence that a particular matter is contained in information disclosed under section 327(2) or evidence that identifies the person who made that disclosure, or is likely to lead to the identification of that person is only admissible in the proceeding if—

        (a)     the court or tribunal grants leave for the evidence to be given; or

        (b)     the person who made the disclosure consents in writing to the admission of that evidence.

    (3)     A witness appearing in a legal proceeding must not be asked and, if asked, is entitled to refuse to answer—

        (a)     any question to which the answer would or might identify the person who made a disclosure under section 327(2) or would or might lead to the identification of that person; or

        (b)     any question as to whether a particular matter is contained in information disclosed under section 327(2)—

unless the court or tribunal grants leave for the question to be asked or the person who made the disclosure has consented in writing to the question being asked.

    (4)     A court or tribunal may only grant leave under subsection (2) or (3) if it is satisfied that the interests of justice require that the evidence be given.

New s. 330 inserted by No. 36/2014 s. 4.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback