Victorian Numbered Acts Victorian Numbered ActsAfter section 86PA of the Police Regulation Act 1958 insert —
(1) This section applies if a person attends the Director in the course of an investigation under this Part for the purposes of providing information, producing a document or thing or giving evidence (whether voluntarily or in answer to a summons issued under section 17 of the Evidence Act 1958 or otherwise).
(2) The Director must ensure that the person's attendance is video-recorded.
(3) Subject to sub-section (4), evidence of anything said by the person during the attendance is inadmissible as evidence against any person in any proceedings unless the attendance in its entirety was video-recorded and the video-recording is available to be tendered in evidence.
(4) A court may admit evidence of anything said by a person during an attendance that is otherwise inadmissible by reason of sub-section (3) if the court is satisfied on the balance of probabilities that the circumstances—
(a) are exceptional; and
(b) justify the reception of the evidence.
(1) Despite anything to the contrary in the Evidence Act 1958 —
(a) the Director must not issue a summons under section 17 of that Act directed to a person known to be under the age of 16 years; and
(b) a summons issued under that section must include a statement that if the person summoned is under the age of 16 years at the date of issue of the summons, the person need not comply with the summons; and
(c) a summons directed to a person under the age of 16 years at the date of issue of the summons has no effect.
(2) A person who claims to be under the age of 16 years at the date of issue of a summons directed to the person must give notice in writing and proof of age to the Director.
(3) If the Director suspects that a person attending the Director in answer to a summons may be under the age of 18 years, the Director must confirm the person's age before any question is asked of the person or the person produces a document or other thing.
(4) If, at any time during the attendance of a person in answer to a summons, the Director becomes aware that the person is under the age of 16 years, the Director must immediately release the person from all compliance with the summons.
(5) If a person required to attend the Director is a person under the age of 18 years, the Director must direct—
(a) that a parent or guardian of the
person or an independent person is to be present during the person's
attendance, if the person so wishes; and
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(b) that the person may confer with the parent, guardian or independent person before providing any information, producing any document or thing or giving any evidence.
(6) If a person required to attend the Director is a person believed by the Director to have a mental impairment, the Director must direct—
(a) that an independent person is to be present during the person's attendance, if the person so wishes; and
(b) that the person may confer with the independent person before providing any information, producing any document or thing or giving any evidence.
(7) In this section—
"mental impairment" includes impairment because of mental illness, intellectual disability, dementia or brain injury.
(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 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—
(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 under this Part; 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 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.
(5) When the person is excused from attendance by the Director, the member of the 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.'.