Victorian Current Acts

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 36

Further restriction on disclosure

    (1)     Subject to this section—

        (a)     a person referred to in section 34(1) is not, except for the purposes of this Act or an enabling enactment, required—

              (i)     to produce in a court any document that has come into his or her possession; or

              (ii)     to disclose to a court any information that has come to his or her notice—

in the performance of functions under or in connection with this Act or an enabling enactment; and

        (b)     a person referred to in section 35 is not, except for the purposes of this Act or an enabling enactment, required—

              (i)     to produce in a court any document that has come into his or her possession; or

              (ii)     to disclose to a court any information that has come to his or her notice—

as a result of a disclosure to that person under section 34.

    (2)     If—

        (a)     the Minister certifies that it is necessary in the public interest that specified information should be disclosed to a court; or

        (b)     the person to whom information relates has given written consent for it to be disclosed to a court

a person referred to in subsection (1) may be required to disclose the relevant information or produce the relevant document to the court.

    (3)     A person referred to in subsection (1) may be required—

        (a)     to produce in a court a document that has come into his or her possession; or

        (b)     to disclose to a court any information that has come to his or her notice—

in any proceeding for an indictable offence, including a committal proceeding and a summary hearing of an indictable offence.

    (4)     In this section—

"court" includes a tribunal and any person who has power to require the production of documents or the answering of questions.



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