Victorian Consolidated Regulations

VICTORIAN INSPECTORATE REGULATIONS 2023 - REG 16

For the purposes of section 40(1)(f) of the Act, the other prescribed matters are—

        (a)     the duration of the attendance of the person at the IBAC; and

        (b)     whether the person was under the age of 18 years and, if so, whether—

              (i)     the person was released because the IBAC became aware that the person was under the age of 16 years; and

              (ii)     a parent or guardian of the person or an independent person was present during the person's attendance; and

              (iii)     it reasonably appeared to the IBAC that the person exercised their right to confer with the parent, guardian or independent person, as the case may be, before giving any evidence, providing any information or producing any document or thing; and

        (c)     whether the IBAC believed the person to have a mental impairment and, if so, whether—

              (i)     an independent person was present during the person's attendance; and

              (ii)     it reasonably appeared to the IBAC that the person exercised their right to confer with the independent person before giving any evidence, providing any information or producing any document or thing; and

        (d)     whether the person had legal or other representation and, if not, whether the person was—

              (i)     asked if the person had sought legal advice; and

              (ii)     given an opportunity to seek legal advice; and

        (e)     whether the person appeared to the IBAC, either before or during the examination, to have sufficient knowledge of the English language to enable the person to understand the questioning during the examination and, if not, what arrangements were made for the presence of a competent interpreter; and

        (f)     whether, during the examination, the person made any claim of privilege or the application of a secrecy requirement and if so—

              (i)     the privilege or secrecy claimed; and

              (ii)     the outcome of the consideration of the claim by the IBAC; and

              (iii)     whether the IBAC withdrew the question, request for information or request for the production of a document or thing; and

              (iv)     whether the IBAC has applied, or intends to apply, to the Supreme Court for the claim to be determined; and

        (g)     whether the IBAC has issued a certificate of charge and an arrest warrant under the Independent Broad-based Anti-corruption Commission Act 2011 and if so—

              (i)     details of the alleged contempt of the IBAC as set out in the certificate of charge; and

              (ii)     whether the arrest warrant was executed; and

              (iii)     if the arrest warrant was executed—

    (A)     how long the person was or has been detained, to the extent known at the time the report is written; and

    (B)     the place of detention; and

    (C)     whether the person has applied to a bail justice for discharge from custody and, if so, whether the application has been determined and the outcome of the application; and

              (iv)     details of the outcome of the contempt of the IBAC being dealt with by the Supreme Court, to the extent known at the time the report is written.