Victorian Current Acts

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Actions to be taken before questioning of a witness or requiring production of a document or other thing

    (1)     Before a witness summoned to attend an examination and not excused from attendance under section 120(4) is asked any questions or required to produce a document or thing, the IBAC must—

        (a)     confirm the age of a witness if the IBAC considers that a witness may be under the age of 18 years;

        (b)     release any witness under the age of 16 years from compliance with any witness summons;

S. 130(1)(c) substituted by No. 30/2016 s. 35.

        (c)     inform the witness orally and in writing of the person's rights and obligations as specified in section 121(4) unless the witness informs the IBAC that—

              (i)     an Australian legal practitioner has explained the statement referred to in section 121(3)(c) to the witness before the examination; and

              (ii)     the witness does not wish to be informed of the statement referred to in section 121(3)(c) again;

S. 130(1)(d) amended by No. 2/2019 s. 57(Sch.  1 Pt A item 12).

        (d)     inform an Australian legal practitioner who is representing a witness or other person at the examination of any non-disclosure requirements that apply under the Act and, in the case of an investigation of a public interest complaint, the confidentiality requirements under the Public Interest Disclosures Act 2012 ;

        (e)     take any other actions prescribed for the purposes of this subsection.

    (2)     Before a witness summoned to attend to give evidence at an examination is asked any questions, the IBAC must advise the witness of the nature of the matters in respect of which the witness is to be asked questions, except to the extent to which the IBAC forms the opinion on reasonable grounds that this would prejudice the investigation or would be contrary to the public interest.

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

S. 131 (Heading) amended by No. 2/2019 s. 57(Sch.  1 Pt A item 13).

S. 131 inserted by No. 85/2012 s. 99.

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