Victorian Current Acts Victorian Current Acts(1) A witness summons must require the person to whom it is directed to attend at a specified time and place on a specified date—
(a) to give evidence before the Victorian Inspectorate; or
(b) to produce to the Victorian Inspectorate any documents or other things described in the witness summons that are in the person's possession or control; or
(c) to both give evidence and produce any documents or other things described in the witness summons that are in the person's possession or control.
(2) A witness summons referred to in subsection (1)(a) or (c) must state the nature of the matters about which the person to whom it is directed is to be questioned, except to the extent to which the Victorian Inspectorate considers on reasonable grounds that this would be likely to prejudice the conduct of the inquiry to which the witness summons relates or would be contrary to the public interest.
(3) A witness summons must be—
(a) in the prescribed form; and
(b) accompanied by a copy of any relevant confidentiality notice; and
(c) accompanied by a statement setting out the matters specified in subsection (4).
(4) A statement referred to in subsection (3)(c) must include the following—
(a) that failure to comply with the witness summons may be an offence and penalties may apply;
(b) that if the person summoned is under the age of 16 years at the date of issue of the witness summons, the person need not comply with the witness summons, subject to the requirements of section 55; and
(c) that the person is entitled to seek legal advice in relation to the witness summons and the inquiry generally;
(d) that the person has a right to legal representation at an examination;
(e) that, if applicable, the person has a right to have an interpreter present at the examination;
(f) that, if applicable, the person is required to have a parent, a guardian or an independent person present at the examination;
(g) that a person may claim a privilege but—
(i) a person is not excused from answering a question or giving information or from producing a document or other thing on the ground that the answer, information, document or other thing may tend to incriminate the person or make the person liable to a penalty;
(ii) if the person is an IBAC personnel, the IBAC is not entitled to assert any privilege;
(iii) if the person is a VAGO officer, neither the Auditor-General nor the Victorian Auditor-General's Office is entitled to assert any privilege;
(iv) if the person is an Ombudsman officer, neither the Ombudsman nor the office of the Ombudsman is entitled to assert any privilege;
(v) if the person is the Chief Examiner or an Examiner, neither the Chief Examiner nor the Examiner is entitled to assert any privilege;
S. 54(4)(g)(vi) amended by No. 37/2014 s. 10(Sch. item 179.3).
(vi) if the person is a member of Victoria Police personnel, the Crown is not entitled to assert any privilege;
S. 54(4)(g)(vii) inserted by No. 20/2017 s. 118(1).
(vii) if the person is an officer of the Office of the Victorian Information Commissioner, neither the Information Commissioner nor the Office of the Victorian Information Commissioner is entitled to assert any privilege;
S. 54(4)(g)(viii) inserted by No. 50/2021 s. 115(a), repealed by No. 31/2023 s. 30(a).
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(h) if a person gives any answer, information, document or other thing that might tend to incriminate the person, an immunity as to the use of that evidence may apply;
S. 54(4)(i) amended by Nos 37/2014 s. 10(Sch. item 179.3), 20/2017 s. 118(2), 50/2021 s. 115(b), 31/2023 s. 30(b).
(i) that, with limited exceptions in relation to a person who is an IBAC personnel, a VAGO officer, an Ombudsman officer, the Chief Examiner or an Examiner, an officer of the Office of the Victorian Information Commissioner or a member of Victoria Police personnel, statutory secrecy provisions may apply which prevent the person from answering a question or giving information or producing documents or other things;
(j) any other prescribed matter.
S. 55 inserted by No. 19/2012 s. 12.