Victorian Current Acts Victorian Current Acts(1) This section applies to an informant in a proceeding conducted by the DPP.
(2) The informant must provide to the DPP any information, document or thing, that is in the possession of, or is known by, the informant or the law enforcement agency represented by the informant, that is relevant to the alleged offence other than any information, document or thing that is the subject of—
(a) a claim of privilege or public interest immunity; or
(b) immunity conferred by statute; or
(c) a prohibition or restriction provided by statute that has the effect of precluding disclosure to the DPP.
(3) The informant must notify the DPP of the existence and nature of—
(a) any information, document or thing, that is in the possession of, or is known by, the informant or the law enforcement agency represented by the informant, that is relevant to the alleged offence and that is the subject of—
(i) a claim of privilege or public interest immunity; or
(ii) immunity conferred by statute; or
(iii) a prohibition or restriction provided by statute that has the effect of precluding disclosure to the DPP; and
(b) the privilege, immunity, prohibition or restriction to which that information, document or thing is subject.
(4) The informant must comply with subsections (2) and (3) as soon as practicable after—
(a) the DPP assumes conduct of the proceeding for the prosecution; and
(b) any additional information, document or thing that is relevant to the alleged offence comes into the possession, or comes to the notice, of the informant or the law enforcement agency represented by the informant, after the informant first complied with subsections (2) and (3).
(5) The informant must provide to the DPP any information, document or thing referred to in subsection (3) if requested by the DPP.
(6) For the purposes of subsections (2) and (5)—
(a) the duty to provide any information, document or thing may be satisfied by providing—
(i) a copy of any document; or
(ii) a clear photograph, or clear copy of such a photograph, of any thing; and
(b) the informant must make available for inspection by the DPP any information, document or thing referred to in subsection (2) or (3) if requested by the DPP.
(7) The informant must comply with subsection (5) or (6)(b) as soon as practicable after the DPP makes the request.
(8) This section does not limit or otherwise affect the operation of a provision made by or under any other Act, including an Act of the Commonwealth, that prohibits or restricts, or that authorises a court or tribunal to prohibit or restrict, the disclosure of information for or in connection with any proceeding.
(9) If any information, document or thing to which subsections (3) and (5) apply is the subject of a prohibition or restriction of a kind referred to in subsection (8), the informant must comply with subsections (3) and (5) to the extent permitted by that prohibition or restriction.
Note
See section 416 as to the prosecution's general obligation of disclosure.
S. 363 renumbered as s. 416 by No. 68/2009 s. 54(b).