Victorian Numbered Acts Victorian Numbered ActsFor section 71 of the Corrections Act 1986 substitute —
In performing its powers, functions and duties, the Board is not bound by the rules of evidence or any practices or procedures applicable to courts of record and may inform itself on any matter as it sees fit.
(1) For the purposes of obtaining evidence and informing itself in the performance of its functions, the Board may serve written notice on a person requiring the person to—
(a) produce a specified document or other thing to the Board before a specified time and in the specified manner; or
(b) attend a meeting of the Board at a specified time and place to produce a specified document or other thing; or
(c) attend a meeting of the Board at a specified time and place, and from then on from day to day until excused, to give evidence; or
(d) attend a meeting of the Board at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing.
(2) A notice under subsection (1)—
(a) must be in the prescribed form (if any); and
(b) must contain the following information—
(i) a statement outlining the provisions of section 71H;
(ii) examples of what may constitute a reasonable excuse for failing to comply with the notice;
(iii) how the person may object to the notice;
(iv) any other prescribed information; and
(c) must be served in accordance with section 71C.
(1) A person on whom a notice to produce or notice to attend is served may make a claim to the Board—
(a) that the person has or will have a reasonable excuse for failing to comply with the notice; or
(b) in the case of a notice under section 71A(1)(b) or (d), that a document or other thing specified in the notice is not relevant to the subject matter of the meeting.
(2) Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to the Board if the information—
(a) in the case of a natural person, might tend to incriminate the person or make the person liable to a penalty; or
(b) is the subject of parliamentary privilege; or
(c) is the subject of legal professional privilege; or
(d) is the subject of public interest immunity; or
(e) is prohibited from disclosure by a court order; or
(f) is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to the Board.
(3) If the Board is satisfied that the person's claim is made out, the Board, by further written notice served on the person, may vary or revoke the notice.
(4) The Board, by further written notice served on a person, may at any time on its own initiative vary or revoke a notice to produce or notice to attend served on the person.
(5) A notice varying or revoking a notice to produce or notice to attend must be served in accordance with section 71C.
(1) Subject to subsection (2), a notice to produce or notice to attend, or a notice varying or revoking a notice to produce or notice to attend, must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the notice.
(2) The Board may serve a notice to attend requiring immediate attendance by a person if—
(a) the Board considers on reasonable grounds that a delay in the person's attendance is likely to result in—
(i) evidence being lost or destroyed; or
(ii) the commission of an offence, the continuation of a commission of an offence or an attempt to commit an offence; or
(iii) the person on whom the notice is served absconding or otherwise evading attendance; or
(iv) serious prejudice to the conduct of the meeting to which the notice relates; or
(b) the person on whom the notice is served consents to immediate attendance.
(3) A notice to produce or notice to attend may be served—
(a) by serving a copy of the notice on the person personally; or
(b) by sending a copy of the notice by prepaid ordinary post addressed to the person at the person's last known residential address; or
(c) if the person—
(i) has facilities for the reception of documents in a document exchange; and
(ii) consents to accepting personal service of documents by delivery to those facilities in the document exchange—
by delivering a copy of the notice addressed to the person into those facilities; or
(d) if the person consents to documents being served electronically, by sending the notice by means of electronic communication, including by fax transmission or email.
The power of the Board under section 71A to issue to a person a notice to produce or a notice to attend does not affect or limit the power of the Board to direct a prisoner released under a parole order to be available for interview by the Board or to give any other direction that the Board may give the prisoner under the terms and conditions of the parole order.
(1) If the Board requires a person to attend a meeting of the Board, the Board, on its own initiative or at the request of the person, may direct that the person appear before the meeting of the Board by audio visual link from a place (the remote point ) other than the place where the meeting is to be held.
(2) The Board must not make a direction under subsection (1) unless it is satisfied that both the place where the meeting of the Board is to be held and the remote point are equipped with facilities that—
(a) enable all the members of the Board attending the meeting to see and hear the person required to attend; and
(b) enable the person required to attend to see and hear all the members of the Board attending the meeting.
(3) The Board, at any time in the course of a meeting, may vary or revoke a direction given under subsection (1), either on its own initiative or at the request of the person required to attend the meeting.
(4) A person who, in accordance with a direction given under subsection (1), appears before a meeting of the Board by audio visual link is taken to have attended the meeting of the Board.
(1) If a notice to attend a meeting of the Board is issued to a person who is in a prison or a police gaol, the Board may give a written direction to the Governor of the prison or the officer in charge of the gaol (as the case may be) that—
(a) the person be brought to a place equipped with facilities to enable the person to appear before the Board by audio visual link; or
(b) the person be brought before the Board—
as required by the notice to attend.
(2) A direction under subsection (1) must be in the prescribed form (if any).
(1) The Board may require a person attending a meeting of the Board in accordance with a notice to attend to give evidence or answer questions on oath or affirmation.
(2) A member of the Board, or a member of staff who is authorised to do so by a member of the Board, may administer an oath or affirmation to a person for the purposes of subsection (1).
(3) An oath to be sworn or an affirmation to be made by a person who is appearing before the Board by audio visual link may be administered either—
(a) by means of the audio visual link, in nearly as practicable the same way as if the person were physically attending the meeting of the Board; or
(b) at the direction of, and on behalf of, the Board at the remote point by a person authorised by the Board.
A person who is duly served with a notice to produce or notice to attend must not, without reasonable excuse, refuse or fail to comply with the notice.
Penalty: 30 penalty units or imprisonment for 3 months.
Note
See also section 72 of the Criminal Procedure Act 2009 , which deals with the evidential burden of proof.
(1) A person who is duly served with a notice to attend a meeting of the Board under section 71A(1)(c) or (d) must not, without reasonable excuse—
(a) refuse or fail to take an oath or make an affirmation when required to do so; or
(b) refuse or fail to answer a question that the person is required to answer by the Board.
Penalty: 30 penalty units or imprisonment for 3 months.
Note
See also section 72 of the Criminal Procedure Act 2009 , which deals with the evidential burden of proof.
(2) A person does not commit an offence against subsection (1) unless, before the person is required to take the oath or make the affirmation or answer the question, the Board informs the person that refusal or failure to do so without reasonable excuse is an offence.
(1) A person who attends a meeting of the Board, whether physically or by audio visual link—
(a) in accordance with a notice to attend; or
(b) at the request of the Board—
is entitled to be paid expenses and allowances in accordance with the prescribed scale.
(2) Subsection (1) does not apply to a prisoner or a prisoner released on parole.
(1) A member of the Board has, in respect of the performance of the member's functions as member, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.
(2) A member of staff of the Board has, in the performance of the person's functions at a meeting of the Board, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.
(3) A person legally representing another person at a meeting of the Board has the same protection and immunity as an Australian legal practitioner has in representing a party in proceedings in the Supreme Court.
(4) A person who gives information or evidence, or produces a document or other thing, at a meeting of the Board has the same protection and immunity as a witness has in proceedings in the Supreme Court.".
Division 3—Disclosure of information