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VICTORIAN INSPECTORATE REGULATIONS 2023 - REG 17

Other information which the Victorian Inspectorate may require the Auditor-General to include in a report on coercive questioning

For the purposes of section 41(1)(f) of the Act, the other prescribed matters are—

        (a)     the duration of the attendance of the person at the Auditor-General; and

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

              (i)     the person was released because the Auditor-General 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 Auditor-General 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 Auditor-General 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 Auditor-General 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 Auditor-General, 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.



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