121Content and form of witness summons

121 Content and form of witness summons S. 121(1) amended by No. 11/2021 s. 132. (1) Subject to section 120(1A), (1B) and (1C), a witness summons must require the person to whom it is directed to attend at a specified time and place on a specified date— (a) to give evidence at an examination before the IBAC; or (b) to produce to the IBAC any documents or other things described in the witness summons that are in the person's possession or control; or (c) to both give evidence at an examination and produce any documents or other things described in the witness summons that are in the person's possession or control. (2) A witness summons referred to in subsection (1)(a) or (c) must state the nature of the matters about which the person to whom it is directed is to be questioned, except to the extent to which the IBAC considers on reasonable grounds that this would be likely to prejudice the conduct of the investigation to which the witness summons relates or would be contrary to the public interest. (3) A witness summons must— (a) be in the prescribed form; and (b) be accompanied by a copy of any relevant confidentiality notice; and (c) be accompanied by a statement setting out the matters specified in subsection (4). (4) A statement referred to in subsection (3)(c) must include the following— (a) that failure to comply with the witness summons may be an offence and penalties may apply; (b) whether it is intended that the examination is to be held in public or in private; (c) that if the person summoned is under the age of 16 years at the date of issue of the witness summons, the person need not comply with the witness summons, subject to the requirements of section 123; (d) that the person is entitled to seek legal advice in relation to the witness summons and the examination generally; (e) that the person has a right to legal representation at an examination; (f) that, if applicable, the person has a right to have an interpreter present at the examination; (g) that, if applicable, the person is required to have a parent, a guardian or an independent person present at the examination; (h) that a person may claim a privilege but— (i) a person is not excused from answering a question or giving information or from producing a document or other thing on the ground that the answer, information, document or other thing may tend to incriminate the person or make the person liable to a penalty; S. 121(4)(h)(ii) amended by Nos 37/2014 s. 10(Sch. item 85.21), 2/2019 s. 121. (ii) that if the person is a public officer, the Crown is not entitled to assert any privilege; (i) if a person gives any answer, information, document or other thing that may tend to incriminate the person, an immunity as to the use of that evidence may apply; S. 121(4)(j) amended by No. 37/2014 s. 10(Sch. item 85.21). (j) that, with limited exceptions in relation to a person who is a member of Victoria Police personnel, statutory secrecy provisions may apply which prevent the person from answering a question or giving information or producing documents or other things; S. 121(4)(k) amended by No. 31/2024 S. 113(Sch. 1 item 16.28). (k) that the person has a right to complain to Integrity Oversight Victoria; (l) any other prescribed matter. S. 122 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 16.29). S. 122 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)), amended by No. 31/2024 S. 113(Sch. 1 item 16.30).