Victorian Current Acts

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Power to compel attendance

    (1)     The Commission may apply to the Tribunal for an order that a person attend before the Commission, at a reasonable time and place, to answer questions.

    (2)     The Tribunal may make an order referred to in subsection (1) if it is satisfied that—

        (a)     a person has information that is relevant to an investigation; and

        (b)     the information is necessary for the conduct of the investigation.

    (3)     In making an order referred to in subsection (1), the Tribunal must have regard to—

        (a)     any evidence of the impact that making the order would be likely to have on the person's business or other activities; and

        (b)     the extent of disruption or inconvenience that is likely to be caused to the person if the order were made.

    (4)     In making an order referred to in subsection (1), the Tribunal is not required to consider whether the Commission may conduct the investigation under section 127.

    (5)     The Tribunal may give directions prohibiting the disclosure of the identity of a person, or information that would be reasonably likely to identify a person, ordered to attend before the Commission, if the Tribunal considers that preservation of the person's anonymity is necessary—

        (a)     to protect the person's security of employment, privacy or any right protected by the Charter of Human Rights and Responsibilities Act 2006 ; or

        (b)     to protect the person from victimisation.

    (6)     A person who is required by an order referred to in subsection (1) to attend before the Commission—

        (a)     is entitled to be paid a reasonable sum for his or her attendance; and

        (b)     is entitled to have a legal or personal representative present.

    (7)     The person against whom an order is sought is a party to the proceeding on an application under subsection (1).

S. 135 substituted by No. 26/2011 s. 21.

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