Victorian Numbered Acts Victorian Numbered ActsAfter Division 2 of Part IVA of the Police Regulation Act 1958 insert —
(1) In this Division—
"approved law practice "means a law practice approved by the Secretary under subsection (2);
"legal assistance" means payment by the Secretary to an approved law practice for legal advice and representation provided to a person appearing as a witness in an investigation by the Director under this Part;
"Secretary" means the Secretary to the Department of Justice.
(2) The Secretary may approve a law practice to be an approved law practice for the purposes of this Division.
(1) A person appearing as a witness in an investigation by the Director under this Part may apply to the Secretary for legal assistance in connection with his or her appearance as a witness.
(2) The Secretary may approve an application made under subsection (1) and in doing so may impose—
(a) a limit on the legal assistance to be provided; and
(b) any other condition on the approval.
The regulations may make provision for or with respect to the manner of calculating the amount of legal assistance provided by the Secretary including—
(a) by agreement as a result of a tender process;
(b) under a costs agreement;
(c) in accordance with an applicable practitioner remuneration order or scale of costs.
(1) A person is not excused from answering a question, producing a document or other thing or giving information for the purposes of an investigation by the Director under this Part on the ground that the answer to the question, the production of the document or other thing or the giving of the information might tend to incriminate the person or make the person liable to a penalty.
(2) Subsection (3) limits the use that can be made of any answers or information given, or documents or other things produced, in accordance with a summons issued under section 17 of the Evidence Act 1958 in relation to an investigation by the Director under this Part.
(3) The answer, information, document or thing is not admissible in evidence against the person before any court or person acting judicially, except in proceedings for—
(a) perjury or giving false information; or
(b) a breach of discipline by a member of the force; or
(c) failure to comply with a direction under section 86Q; or
(d) an offence referred to in section 86PF(3); or
(e) contempt of the Director under section 86KB.
(1) If—
(a) a person is required to answer a question or produce a document in an investigation by the Director under this Part; and
(b) the answer to the question would disclose, or the document contains, a communication that is recognised at law as privileged on the ground of legal professional privilege—
the person is, subject to subsections (2) and (3), entitled to refuse to comply with the requirement.
(2) If—
(a) a legal practitioner is required to answer a question or produce a document in an investigation by the Director under this Part; and
(b) the answer to the question would disclose, or the document contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner—
the legal practitioner is entitled to refuse to comply with the requirement unless the person to whom or by whom the communication was made agrees to the legal practitioner complying with the requirement but, if the legal practitioner refuses to comply with the requirement, he or she, if so required by the Director, must give the Director the name and address of the person to whom or by whom the communication was made.
(3) Subsections (1) and (2) do not apply to any privilege of a public authority or public officer.
(4) Nothing in subsection (3) affects the right of a public authority or public officer to object to the answering of a question or production of a document in relation to a criminal proceeding to which the authority or officer is a party on the ground of legal professional privilege, whether that proceeding commenced before, on or after the requirement referred to in subsection (1) or (2) was made.
(1) If a person claims on production of a document before the Director that the document is the subject of legal professional privilege (other than privilege of a public authority or a public officer), the procedure set out in this section applies.
(2) The claimant must attend before the Director in accordance with the summons under section 17 of the Evidence Act 1958 (if any).
(3) The Director must consider the claim of privilege and either—
(a) withdraw the requirement to produce the document; or
(b) apply to the Supreme Court or County Court in accordance with section 86VAG for determination of the claim of privilege.
(4) The Director must not inspect the document in considering the claim of privilege.
(5) If the Director does not withdraw the requirement to produce the document, the Director must require the claimant to seal the document immediately, and give it to the Director.
(6) As soon as practicable and in any event within 3 days after the sealing of the document, the Director must give the sealed document or other thing, or cause it to be given, to the proper officer of the Supreme Court or the County Court to be held in safe custody.
(7) A person must not open a sealed document or other thing prior to delivery to the proper officer.
(1) Within 7 days after the Director gives a sealed document to the proper officer of a court in accordance with section 86VAF, the Director may apply to the court to determine whether or not the document is the subject of legal professional privilege.
(2) If no application is made under subsection (1) within the period of 7 days, the proper officer must return the document to the claimant for legal professional privilege.
(3) The Director must give notice of the application to the claimant for legal professional privilege a reasonable time before the hearing of the application.
(4) Notice under subsection (3) must be in the prescribed form (if any).
(5) The claimant is entitled to appear and be heard on the hearing of the application.
(1) The court must determine whether or not the sealed document is the subject of legal professional privilege and for that purpose the judge and any other person authorised by the court may open and inspect the sealed document.
(2) If the court determines that the sealed document is the subject of legal professional privilege, the court must order that the document be returned to the claimant and the proper officer must return it to the claimant.
(3) If the court determines that the sealed document is not the subject of legal professional privilege, the court must order that the document be given to the Director and the proper officer must release it accordingly.
(4) Subject to subsection (1), a person must not open a sealed document or otherwise have access to the document before—
(a) the court determines the claim of legal professional privilege; or
(b) the document or thing is returned to the claimant.
Penalty: 120 penalty units or imprisonment for 12 months or both.
(1) No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or given to a public authority or public officer, where imposed by any enactment or any rule of law, applies to the disclosure of information for the purposes of an investigation by the Director under this Part.
(2) The Crown is not, in relation to an investigation by the Director under this Part, entitled to any privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.".