Victorian Numbered Acts Victorian Numbered ActsAfter section 61F of the Whistleblowers Protection Act 2001 insert —
(1) This section applies if the Director issues a summons to a person under section 17 of the Evidence Act 1958 in relation to an investigation.
(2) The Director may give the person to whom the summons is issued a written notice stating—
(a) that the summons is a confidential document; and
(b) that it is an offence to disclose to anyone else the existence of the summons or the subject-matter of the investigation to which it relates unless the person has a reasonable excuse.
(3) If the Director gives a notice under sub-section (2), a person must not disclose to anyone else the existence of the summons or the subject-matter of the investigation to which it relates, unless the person has a reasonable excuse.
Penalty: 120 penalty units or imprisonment for 12 months or both.
(4) It is a reasonable excuse for a person to disclose the existence of the summons or the subject-matter of the investigation to which it relates if—
(a) the disclosure is made for the purposes of—
(i) seeking legal advice in relation to the summons or an offence against sub-section (3); or
(ii) obtaining or providing information in order to comply with the summons; or
(iii) the administration of this Act; and
(b) the person informs the person to whom the disclosure is made that it is an offence to disclose to anyone else the existence of the summons or the subject-matter of the investigation to which it relates unless the person has a reasonable excuse.
(1) A person attending an investigation in answer to a summons under section 17 of the Evidence Act 1958 is guilty of a contempt of the Director if the person—
(a) fails without reasonable excuse to produce any document or thing the person is required by the summons to produce; or
(b) being called or examined as a witness, refuses to be sworn or to make an affirmation or, without reasonable excuse, refuses or fails to answer any question relevant to the subject-matter of the investigation; or
(c) engages in any other conduct that would, if the Director were the Supreme Court, constitute a contempt of that Court.
(2) If it is alleged or appears to the Director that a person is guilty of contempt of the Director, the Director may—
(a) issue a written certificate charging the person with contempt and setting out or attaching details of the alleged contempt ( "certificate of charge" ); and
(b) issue a warrant to arrest the person ( "arrest warrant" ).
(3) An arrest warrant—
(a) may be directed to—
(i) a named member of the police force; or
(ii) generally all members of the police force; and
(b) authorises the person to whom it is directed to arrest the person named in the warrant.
(4) A person who is arrested under an arrest warrant—
(a) is to be brought before the Supreme Court forthwith to be dealt with according to law; and
(b) may be detained in police custody in the meantime.
(5) If the Director is satisfied that there are reasonable grounds to believe that it is necessary to prevent the arrested person from escaping from police custody or to ensure the safety of the person, the Director may direct that the person be detained in a prison or a police gaol for the purpose of ensuring his or her appearance before the Supreme Court.
(6) If a person detained in police custody under this section, other than a person detained in accordance with a direction under sub-section (5), is required to be detained overnight, the Chief Commissioner of Police must arrange for the person to be provided with accommodation and meals to a standard comparable to that generally provided to jurors kept together overnight.
(7) If a person is detained in a prison in accordance with a direction under sub-section (5), the Director may give a written direction for the person to be delivered into the custody of a member of the police force for the purpose of bringing the person before the Supreme Court.
(8) If it is not practicable for the person to be brought before the Supreme Court forthwith after he or she is arrested—
(a) the person for the time being in charge of the place where he or she is detained must—
(i) advise the person that he or she is entitled to apply to a bail justice for discharge from custody; and
(ii) give the person a written statement of his or her right to apply; and
(b) if the person elects to apply, the person for the time being in charge of the place where he or she is detained must—
(i) cause the person to be brought before a bail justice as soon as practicable; and
(ii) cause to be produced before the bail justice the arrest warrant and the certificate of charge for the person; and
(iii) abide by the decision of the bail justice in relation to the person.
(9) When a person is brought before a bail justice under sub-section (8), the bail justice may discharge the person from custody on bail in accordance with the Bail Act 1977 as if the person had been accused of an offence.
(10) A contempt of the Director is to be dealt with by the Supreme Court as if—
(a) the contempt were a contempt of an inferior court; and
(b) the certificate of charge were an application to the Supreme Court for punishment for the contempt.
(11) A certificate of charge is evidence of the matters set out in or attached to it.
If an act or omission constitutes both an offence against this Act or the Evidence Act 1958 and a contempt of the Director, the offender is liable to be proceeded against for the offence or for contempt or both, but is not liable to be punished more than once for the same act or omission.
Sections 61H and 61I cease to have effect 42 months after the day on which section 115 of the Major Crime (Investigative Powers) Act 2004 comes into operation.
(1) The Director may apply to a magistrate for the issue of a warrant to arrest a person, if the Director believes on reasonable grounds that the person has been duly served with a summons under section 17 of the Evidence Act 1958 and has failed to attend before the Director in answer to the summons.
(2) A magistrate may issue a warrant to arrest a person if satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for the belief under sub-section (1).
(3) The authority given by, and the rules to be observed with respect to, warrants to arrest under Subdivision 2 of Division 3 of Part 4 of the Magistrates' Court Act 1989 (other than section 62 or 64(2), (3) or (4)) extend and apply to warrants under this section.
(4) The person arrested—
(a) must be brought before the Director as soon as practicable; and
(b) may be detained in police custody until excused from attendance by the Director.
(5) If the Director is satisfied that there are reasonable grounds to believe that it is necessary to prevent the person from escaping from police custody or to ensure the safety of the person, the Director may direct that the person be detained in a prison or a police gaol for the purpose of ensuring his or her attendance at the investigation.
(6) If a person detained in police custody under this section, other than a person detained in accordance with a direction under sub-section (5), is required to be detained overnight, the Chief Commissioner of Police must arrange for the person to be provided with accommodation and meals to a standard comparable to that generally provided to jurors kept together overnight.
(7) If a person is detained in a prison in accordance with a direction under sub-section (5), the Director may give a written direction for the person to be delivered into the custody of a member of the police force for the purpose of bringing the person before the Director.
(8) If it is not practicable for the person to be
brought before the Director as soon as practicable after he or she is
arrested—
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(a) the person for the time being in charge of the place where he or she is detained must—
(i) advise the person that he or she is entitled to apply to a bail justice for discharge from custody; and
(ii) give the person a written statement of his or her right to apply; and
(b) if the person elects to apply, the person for the time being in charge of the place where he or she is detained must—
(i) cause the person to be brought before a bail justice as soon as practicable; and
(ii) cause to be produced before the bail justice the arrest warrant for the person; and
(iii) abide by the decision of the bail justice in relation to the person.
(9) When a person is brought before a bail justice under sub-section (8), the bail justice may discharge the person from custody on bail in accordance with the Bail Act 1977 as if the person had been accused of an offence.
(10) The issue of a warrant under this section, or the arrest of a person under the warrant, does not relieve the person from any liability for non-compliance with a summons.
(1) This section applies if—
(a) a summons is issued under section 17 of the Evidence Act 1958 for the purposes of an investigation; and
(b) the summons is directed to a person who is held in a prison or police gaol.
(2) The Director may give a written direction that the person be delivered into the custody of a member of the police force for the purpose of bringing the person before the Director to provide information, produce a document or thing or give evidence as required by the summons.
(3) A direction under sub-section (2)—
(a) must be in the prescribed form; and
(b) must include a statement that if the person who is the subject of the direction is under the age of 16 years at the date the direction is given, the direction is of no effect and the person is not required to attend the Director; and
(c) if the person is aged 16 years or over, has effect as a suspension of a direction in a warrant of commitment to deliver the person to the place of detention specified in the warrant or to hold the person in that place (as the case may be).
(4) The person is to be detained in police custody
until he or she is excused by the Director from attendance in the
investigation.
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(5) When the person is excused from attendance by the Director, the member of the police force must deliver the person who is the subject of the direction to the place of detention at which the person was held or detained at the time the direction was given.
If at any time during the course of an investigation, it appears to the Director that there may be grounds for making a report adverse to the police force, the Director may, before making the report, give the Chief Commissioner of Police the opportunity to comment on the subject-matter of the investigation.
(1) The Director may commence or continue to conduct an investigation despite the fact that any proceedings are on foot, or are instituted, in any court or tribunal that relate to or are otherwise connected with the subject-matter of the investigation.
(2) If the Director is or becomes aware that proceedings referred to in sub-section (2) are on foot or have been instituted, the Director must take all reasonable steps to ensure that the conduct of the investigation does not prejudice those proceedings.'.