Victorian Current Acts Victorian Current Acts(1) Subject to this section, a witness may be represented at an examination by an Australian legal practitioner.
(2) The Victorian Inspectorate may direct a witness not to seek legal advice or representation in relation to a witness summons from a specified Australian legal practitioner if the Victorian Inspectorate considers on reasonable grounds that the inquiry would be prejudiced because the Australian legal practitioner is—
(a) a witness in the inquiry or another inquiry; or
(b) the representative of another witness in the inquiry or another inquiry; or
S. 58(2)(c) amended by Nos 20/2017 s. 119(1), 12/2019 s. 16, 50/2021 s. 116, 31/2023 s. 31.
(c) a person involved, or suspected of being involved, in a complaint, review or matter being investigated by the Ombudsman, the Chief Examiner or an Examiner, the IBAC, the Victorian Inspectorate or the Office of the Victorian Information Commissioner or a matter that is the subject of an audit or assurance review by the Auditor-General; or
S. 58(2)(d) amended by Nos 20/2017 s. 119(1), 12/2019 s. 16, 50/2021 s. 116, 31/2023 s. 31.
(d) the representative of a person involved, or suspected of being involved, in a complaint, review or matter being investigated by the Ombudsman, the Chief Examiner or an Examiner, the IBAC, the Victorian Inspectorate or the Office of the Victorian Information Commissioner or a matter that is the subject of an audit or assurance review by the Auditor‑General.
(3) A direction under subsection (2) may be made at any time, whether before, at or after the time for complying with the witness summons.
(4) The Victorian Inspectorate must advise the person bound by the direction that a direction has been made under subsection (2).
(5) A person is bound by a direction under subsection (2) from the time when the Victorian Inspectorate gives the advice to that person under subsection (4).
(6) If the Victorian Inspectorate gives a direction under subsection (2), the Victorian Inspectorate must, unless section 56(2) applies, allow the person bound by the direction at least 3 days from the date of receipt of the direction to obtain legal advice or representation by another Australian legal practitioner before the person is required to attend for the purpose of complying with the witness summons.
(7) If the Victorian Inspectorate considers that there are special circumstances, the Victorian Inspectorate may allow a person who is not a witness to be represented by an Australian legal practitioner during the examination of a witness.
(8) The Victorian Inspectorate may direct a person who has received a proposed report, or draft or part of a proposed report or information contained in a report or to whom a confidentiality notice is directed not to seek legal advice or representation in relation to the report or confidentiality notice from a specified Australian legal practitioner if the Victorian Inspectorate considers on reasonable grounds that the inquiry would be prejudiced because the Australian legal practitioner is—
(a) a witness in the inquiry or another inquiry; or
(b) the representative of another witness in the inquiry or another inquiry; or
S. 58(8)(c) amended by Nos 20/2017 s. 119(2), 12/2019 s. 16, 50/2021 s. 116, 31/2023 s. 31.
(c) a person involved, or suspected of being involved, in a complaint, review or matter being investigated by the Ombudsman, the Chief Examiner or an Examiner, the IBAC, the Victorian Inspectorate or the Office of the Victorian Information Commissioner or a matter that is the subject of an audit or assurance review by the Auditor-General; or
S. 58(8)(d) amended by Nos 20/2017 s. 119(2), 12/2019 s. 16, 50/2021 s. 116, 31/2023 s. 31.
(d) the representative of a person involved, or suspected of being involved, in a complaint, review or matter being investigated by the Ombudsman, the Chief Examiner or an Examiner, the IBAC, the Victorian Inspectorate or the Office of the Victorian Information Commissioner or a matter that is the subject of an audit or assurance review by the Auditor-General.
(9) The Victorian Inspectorate must advise the person bound by the direction that a direction has been made under subsection (8).
(10) A person is bound by a direction under subsection (8) from the time when the Victorian Inspectorate gives the advice to that person under subsection (9).
S. 58(11) inserted by No. 11/2021 s. 179.
(11) For the purposes of this section, the attendance of an Australian legal practitioner for the purposes of representing a witness at an examination includes attendance by the practitioner by means of audio visual link or audio link.
S. 59 inserted by No. 19/2012 s. 12, amended by No. 82/2012 s. 46.