Victorian Current Acts

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VICTORIAN INSPECTORATE ACT 2011 - SECT 60

Actions to be taken before questioning of a witness or requiring production of a document or other thing

    (1)     Before a witness summoned to attend at an examination and not excused from attendance under section 53(4) is asked any questions or required to produce a document or thing, the Victorian Inspectorate must—

        (a)     confirm the age of a witness if the Victorian Inspectorate considers that a witness may be under the age of 18 years;

        (b)     release any witness under the age of 16 years from compliance with any witness summons;

        (c)     inform the witness orally and in writing of the person's rights and obligations as specified in section 54(4) unless—

              (i)     the witness is represented by an Australian legal practitioner; and

              (ii)     the witness informs the Victorian Inspectorate that, prior to the examination, an Australian legal practitioner has explained the statement referred to in section 54(3)(c) to the witness;

S. 60(1)(d) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 6).

        (d)     inform an Australian legal practitioner who is representing a witness or other person at the examination of any confidentiality notices that apply under the Act and, in the case of an investigation of a public interest complaint, the confidentiality requirements under the Public Interest Disclosures Act 2012 ;

        (e)     take any other actions prescribed for the purposes of this subsection.

    (2)     Before a witness summoned to attend at an examination is asked any questions, the Victorian Inspectorate must advise the witness of the nature of the matters in respect of which the witness is to be asked questions, except to the extent to which the Victorian Inspectorate forms the opinion on reasonable grounds that this would prejudice the investigation or would be contrary to the public interest.

    (3)     For the avoidance of doubt, the Victorian Inspectorate is not required to give reasons for forming the opinion referred to in subsection (2).

S. 61 (Heading) amended by No. 2/2019, s. 72(Sch. 1 Pt B item 7).

S. 61 inserted by No. 85/2012 s. 117.



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