Victorian Numbered Acts

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

POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 58

Confidentiality of witness summons

    (1)     Subject to subsections (2) and (3), the Director may issue a written notice (a confidentiality notice ) directed to a person to whom a witness summons is directed, stating—

        (a)     that the summons is a confidential document; and

        (b)     that it is an offence to disclose to anyone else, except in the circumstances, if any, specified in the notice, the existence of the document or the subject-matter of the investigation in relation to which the summons was issued, unless the person has a reasonable excuse.

    (2)     The Director must issue a confidentiality notice if satisfied that failure to do so would reasonably be expected to prejudice—

        (a)     the safety or reputation of a person; or

        (b)     the fair trial of a person who has been or may be charged with an offence; or

        (c)     the effectiveness of the investigation in relation to which the summons was issued.

    (3)     The Director may issue a confidentiality notice if satisfied that failure to do so—

        (a)     might prejudice—

              (i)     the safety or reputation of a person; or

              (ii)     the fair trial of a person who has been or may be charged with an offence; or

              (iii)     the effectiveness of the investigation in relation to which the summons was issued; or

        (b)     might otherwise be contrary to the public interest.

    (4)     A confidentiality notice directed to a natural person must be served by delivering a copy of the notice to the person personally.

    (5)     A confidentiality notice directed to a body corporate must be served by sending a copy of the notice by registered post to the head office, a registered office, a principal office or a principal place of business of the body corporate or to a postal address of the body corporate.

    (6)     If the Director has issued a confidentiality notice directed to a person and the Director is satisfied that the circumstances referred to in subsection (2) or (3) that led to the issuing of the notice no longer apply, the Director must give written notice of that fact to the person to whom the confidentiality notice was directed.

    (7)     Notice under subsection (6) may be given to a person by sending it by registered post to the person's address last known to the Director.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback