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VICTORIAN INSPECTORATE ACT 2011 - SECT 68

Privileges and secrecy generally

S. 68(1) amended by No. 37/2014 s. 10(Sch. item 179.3).

    (1)     If a person is a member of Victoria Police personnel, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as a member of Victoria Police personnel imposed by any enactment or any rule of law—

        (a)     is overridden; and

        (b)     does not apply to the disclosure of information under this Part.

S. 68(2) amended by No. 37/2014 s. 10(Sch. item 179.3).

    (2)     If a person is a member of Victoria Police personnel

        (a)     the Crown is not entitled to assert any privilege in relation to any requirement for that person to produce a document or other thing or give information under this Part; and

        (b)     any privilege referred to in paragraph (a) is abrogated.

    (3)     If a person is an IBAC personnel, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as an IBAC Officer imposed by any enactment or any rule of law—

        (a)     is overridden; and

        (b)     does not apply to the disclosure of information under this Part.

    (4)     If a person is an IBAC personnel

        (a)     the IBAC is not entitled to assert any privilege in relation to any requirement for that person to provide information under Part 6; and

        (b)     any privilege referred to in paragraph (a) is abrogated.

    (5)     If a person is a VAGO officer, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as a VAGO officer imposed by any enactment or any rule of law—

        (a)     is overridden; and

        (b)     does not apply to the disclosure of information under this Part.

    (6)     If a person is a VAGO officer—

        (a)     neither the Auditor-General nor the Victorian Auditor-General's Office is entitled to assert any privilege in relation to any requirement for that person to produce a document or other thing or give information under this Part; and

        (b)     any privilege referred to in paragraph (a) is abrogated.

    (7)     If a person is an Ombudsman officer, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as an Ombudsman officer imposed by any enactment or any rule of law—

        (a)     is overridden; and

        (b)     does not apply to the disclosure of information under this Part.

    (8)     If a person is an Ombudsman officer—

        (a)     neither the Ombudsman nor the office of the Ombudsman is entitled to assert any privilege in relation to any requirement for that person to produce a document or other thing or give information under this Part; and

        (b)     any privilege referred to in paragraph (a) is abrogated.

    (9)     If a person is the Chief Examiner or an Examiner, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as the Chief Examiner or an Examiner imposed by any enactment or any rule of law—

        (a)     is overridden; and

        (b)     does not apply to the disclosure of information under this Part.

    (10)     If a person is the Chief Examiner or an Examiner

        (a)     neither the Chief Examiner nor an Examiner is entitled to assert any privilege in relation to any requirement for that person to produce a document or other thing or give information under this Part; and

        (b)     any privilege referred to in paragraph (a) is abrogated.

S. 68(11) inserted by No. 20/2017 s. 121.

    (11)     If a person is an officer of the Office of the Victorian Information Commissioner, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in the person's service as an officer of the Office of the Victorian Information Commissioner imposed by any enactment or any rule of law—

        (a)         is overridden; and

        (b)     does not apply to the disclosure of information under this Part.

S. 68(12) inserted by No. 20/2017 s. 121.

    (12)     If a person is an officer of the Office of the Victorian Information Commissioner

        (a)     neither the Information Commissioner nor the Office of the Victorian Information Commissioner is entitled to assert any privilege in relation to any requirement for that person to produce a document or give information under this Part; and

        (b)     any privilege referred to in paragraph (a) is abrogated.

S. 68(13)(14) inserted by No. 50/2021 s. 119, repealed by No. 31/2023 s. 34.

    *     *     *     *     *

S. 69 inserted by No. 52/2012 s. 26.



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