Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 84

Investigator may require information or attendance or apply to Magistrates' Court for order

    (1)     An investigator who is directed to conduct an investigation under section 78 may require a registered disability worker, by written notice given to the registered disability worker, to do either or both of the following—

        (a)     to give stated information to the investigator within a stated reasonable time and in a stated reasonable way;

        (b)     to attend before the investigator at a stated reasonable time and place and to answer questions or to produce a stated thing.

    (2)     Subject to subsection (3), an investigator may apply to the Magistrates' Court for an order requiring a person (other than a registered disability worker), at a time and place specified by the investigator, to do one or more of the following—

        (a)     to answer orally or in writing any questions put by the investigator in relation to the investigation;

        (b)     to supply orally or in writing information required by the investigator in relation to the investigation;

        (c)     to produce to the investigator specified documents or documents of a specified class relating to the investigation.

    (3)     An application under subsection (2) may only be made if the investigator believes on reasonable grounds that it is necessary for the person to comply with the order to enable the investigator to obtain evidence about a matter that is the subject of the investigation.

    (4)     The Magistrates' Court may make the order if the Magistrates' Court is satisfied that there are reasonable grounds to believe that the person may be able to provide evidence about a matter that is the subject of an investigation.

    (5)     An order must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback