Victorian Current Acts

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INQUIRIES ACT 2014 - SECT 74

Statutory secrecy and confidentiality provisions

    (1)     A Board of Inquiry may require a person to give information (including answering a question) or to produce a document or other thing despite the provision of another enactment that prohibits the disclosure of the information, document or other thing or imposes any other duty of confidentiality on the person in relation to the information, document or other thing.

    (2)     If the Board of Inquiry specifies that subsection (1) applies to its requirement—

        (a)     it is not a reasonable excuse for the person to refuse or fail to comply with the requirement that another enactment prohibits the person from giving the information or producing the document or other thing to the Board of Inquiry or imposes a duty of confidentiality on the person in relation to the information, document or other thing; and

        (b)     the person is not subject to any criminal, civil, administrative or disciplinary proceedings or action only because the person complies with the requirement.

    (3)     Subsections (1) and (2) do not apply to—

        (a)     a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to a Board of Inquiry; or

        (b)     a provision of another enactment that is prescribed by the regulations for the purposes of this section.

    (4)     If a Board of Inquiry receives information or a document or other thing referred to in this section in an inquiry, any provision of another enactment that prohibits the disclosure of the information, document or other thing or imposes any other duty of confidentiality in relation to the information, document or other thing does not apply to the Board of Inquiry.

Division 7—Reports of Boards of Inquiry



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