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JUDICIAL COMMISSION OF VICTORIA REGULATIONS 2017 - SCHEDULE 1

Schedule 1—Forms

FORM 1

Regulation 15

Judicial Commission of Victoria Act 2016

WITNESS SUMMONS

TO: [ insert name of person to whom witness summons is directed ]

ADDRESS: [ insert address ]

THIS WITNESS SUMMONS IS IMPORTANT.
PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS WITNESS SUMMONS
MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

The Judicial Commission of Victoria requires you under section 70 of the Judicial Commission of Victoria Act 2016 to attend to give evidence at a hearing before an investigating panel or to produce documents or other things to an investigating panel.

When and where must you attend?

You must attend at [ insert address ] *immediately/*on [ insert date ] at [ insert time ] *a.m./*p.m.

What are you required to do?

You will be required to produce to the investigating panel the following documents or things that are in your possession or control:

[ specify documents or things ]

[ name ]

[ title ]

Date: [ insert date ]

[ attach statement outlining specified matters with respect to the witness summons ]

* Delete if not applicable.

FORM 2

Regulation 16

Judicial Commission of Victoria Act 2016

DIRECTION ABOUT A WITNESS ALREADY HELD IN CUSTODY

TO: [ insert name of person in charge of place where witness is held in custody ]

AT: [ insert name and address of place where person is held in custody ]

In accordance with section 75 of the Judicial Commission of Victoria Act 2016 ("the Act"), I direct that [ name of person in custody ] born on [ insert date of birth of person held in custody ] who is detained at [ insert name of place where person is held in custody ] be delivered into the custody of [ insert name of person to whom the person in custody is to be delivered ] to be brought before the investigating panel

AT: [ insert address to which person in custody is to be brought ]

ON: [ insert date on which person in custody is to be brought ]

AT: [ insert time when person in custody is to be brought ]

to *provide information/*produce a document or thing/*give evidence as required by the witness summons issued for the purposes of an investigation under Part 4 of the Act and directed to the person who is the subject of this direction.

Note :     If the person who is the subject of this direction is under the age of 16 years at the date this direction is given, this direction is of no effect and the person is not required to attend the investigating panel.

[ name ]

[ title ]

Date: [ insert date ]

* Delete if not applicable.

FORM 3

Regulation 17

Judicial Commission of Victoria Act 2016

SEARCH WARRANT

Court Ref.:

[ name and/or description of person or document or thing ]

The premises, vehicle, vessel or aircraft that is authorised to be searched is:

    *[ number and name of street and suburb of premises to be searched ]

    *[ identifying details of vehicle/vessel/aircraft ]

Purpose for search: [ insert information on purpose for search ]

This search warrant authorises:

    *[ name, rank/title, agency and address ]

    *all members of the police force

to enter and search the:

    *specified premises

    *specified vehicle located in a public place named or described in this     warrant

    *specified vessel located in a public place named or described in this     warrant

    *specified aircraft located in a public place named or described in this     warrant

    •     to inspect any document or thing; and

    •     to make a copy of any document relevant to the investigation; and

    •     to take possession of any document or other thing relevant to the investigation.

*     This search warrant is subject to the following conditions:

[ insert details of conditions ]

Entry is authorised under this search warrant *at any time/*between [ insert times between which entry is authorised ].

This search warrant ceases to have effect on [ insert day, not later than 28 days after the issue of the search warrant ].

This search warrant is authorised by section 84 of the Judicial Commission of Victoria Act 2016 .

Issued at *a.m./*p.m. on by ,*Judge of the Supreme Court of Victoria

[ signature of Judge ]

* Delete if not applicable.

FORM 4

Regulation 18

Judicial Commission of Victoria Act 2016

NOTICE OF APPLICATION TO DETERMINE CLAIM OF PRIVILEGE

TO: [ insert name of person who has made claim of privilege ]

ADDRESS: [ insert address ]

You are notified that the Judicial Commission of Victoria has applied to the Supreme Court under section 94 of the Judicial Commission of Victoria Act 2016 for a determination of your claim of privilege with respect to [ insert details of the claim of privilege being made ].

[ name ]

[ title ]

Date: [ insert date ]

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