Victorian Numbered Acts

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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 62

Preliminary requirements

    (1)     Before any question is asked of a witness at an examination, or a witness produces a document or other thing to the Director, the Director must—

        (a)     confirm the age of the witness, if the Director suspects that the witness may be under the age of 18 years; and

        (b)     if the witness is under the age of 16 years, release the witness from all compliance with the witness summons; and

        (c)     inform the witness of the general scope and purpose of the investigation to which the examination relates; and

        (d)     inform the witness that the privilege against self-incrimination does not apply but that there are restrictions on the use that can be made of evidence obtained in the course of the examination or from production of documents or other things in accordance with the witness summons and specify those restrictions; and

        (e)     subject to paragraph (f), inform the witness that legal professional privilege applies but that, subject to that privilege, it is an offence not to answer questions or produce documents or other things when required or give false or misleading evidence and state the penalties for those offences; and

        (f)     if the witness is a public officer or giving evidence or producing a document or other thing on behalf of a public authority—

              (i)     inform the witness that legal professional privilege does not apply (except to the extent provided in section 70(4)) and that it is an offence not to answer questions or produce documents or other things when required or give false or misleading evidence and state the penalties for those offences; and

              (ii)     inform the witness of the provisions of section 74; and

        (g)     inform the witness of any confidentiality requirements applying to evidence or the fact of the issue of the witness summons; and

        (h)     where applicable, inform the witness of his or her right to legal representation, to an interpreter or to have his or her parent or guardian or an independent person present with whom he or she may communicate before giving any evidence; and

              (i)     inform the witness of his or her right of complaint to the Special Investigations Monitor and that the exercise of this right will not breach any confidentiality requirements referred to in paragraph (g).
s. 62

    (2)     Subsection (1)(c) does not apply if the Director is of the opinion that in the circumstances it would be undesirable to inform the witness of the general scope and purpose of the investigation because to do so might prejudice the effectiveness of the investigation or otherwise be contrary to the public interest.

    (3)     For the avoidance of doubt, the Director is not required to give reasons for forming the opinion referred to in subsection (2).

    (4)     The Director is not required to inform the witness of the matters referred to in subsection (1)(d), (e), (f), (g), (h) and (i) if—

        (a)     prior to the examination, the Director has given the witness a document that informs the witness of those matters; and

        (b)     the witness is represented at the examination by a legal practitioner; and

        (c)     before any question is asked of the witness, or the witness produces a document or other thing, the witness informs the Director that the legal practitioner explained the document referred to in paragraph (a) to the witness.



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