Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 134

Powers in relation to obtaining information

    (1)     An inspector who enters a workplace under this Division may—

        (a)     require a person to produce a document or part of a document that is in the person's possession or control; and

        (b)     examine that document or part; and

        (c)     require a person to answer any questions put by the inspector.

    (2)     A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).

Penalty:     In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

    (3)     Before requiring a person to produce a document or part of a document or to answer questions under subsection (1), an inspector must—

        (a)     produce his or her identity card for inspection by the person and warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and

        (b)     inform the person that he or she may refuse or fail to answer any question if answering the question would tend to incriminate him or her.

    (4)     A person is not liable to be prosecuted for an offence against subsection (2) if the inspector concerned failed to comply with subsection (3).

Note

This section does not affect legal professional privilege or client legal privilege (see section 598) or, in the case of a requirement to answer questions, the privilege against self-incrimination (see  section 597).



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