Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 552

Power to obtain information and evidence

    (1)     For the purposes specified in subsection (2), the Authority may, by notice in writing, require any person (including any person that is an employee appointed or authorised to perform any function or exercise any power of, or on behalf of, the Authority under any Act)—

        (a)     to furnish the Authority with such information as the Authority requires; or

        (b)     to attend and give evidence before the Authority or before any person employed in the administration or execution of this Act and authorised by the Authority in that behalf—

and may require the person to produce all books in the custody or under the control of the person relating thereto.

    (2)     The purposes are—

        (a)     in the case of subsection (1)(a), for determining whether any of the provisions of this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 are being or have been contravened; or

        (b)     in the case of subsection (1)(a) or (b), for inquiring into or ascertaining the person's or any other person's—

              (i)     liability or entitlement under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 ; or

              (ii)     liability to pay, or entitlement to receive, damages at common law and under the Wrongs Act 1958 , and contribution or indemnity under that Act, in respect of an injury to, or death of, a worker arising out of or in the course of a worker's employment with the employer; or

        (c)     in the case of subsection (1)(a) or (b), for ascertaining for the purposes of this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 the identity of any person who—

              (i)     may have a liability or entitlement under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 ; or

              (ii)     may, by reason of being related to or associated or connected with another person, affect the liability or entitlement of that other person.

S. 552(3) amended by No. 6/2018 s. 68(Sch.  2 item 140.1).

    (3)     The Authority may require the information or evidence to be given on oath or by affirmation, either orally or in writing, or to be given by statutory declaration and for that purpose the Authority or a person so authorised by the Authority may administer an oath or affirmation.

    (4)     The regulations may prescribe scales of expenses to be allowed to persons required under this section to attend.



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