37Restrictions on compelling production or disclosure

37 Restrictions on compelling production or disclosure

S. 37(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.57(a)).

(1) A person who is, or was, an Integrity Oversight Victoria Officer cannot be required or be compelled in a court to—

S. 37(1)(a) amended by Nos 2/2019 s. 72(Sch. 1 Pt B item 4), 31/2024 s. 113(Sch. 1 item 1.57(b)).

(a) produce any document or other thing that has come into his or her possession or control in the performance of the duties and functions or the exercise of powers of the person or Integrity Oversight Victoria under this Act or the Public Interest Disclosures Act 2012; or

S. 37(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.57(b)).

(b) produce any document or other thing that has come into his or her possession or control in, or disclose any matter or thing of which the person has knowledge as a result of, the performance of the duties and functions or the exercise of the powers of the person or Integrity Oversight Victoria under the Major Crime (Investigative Powers) Act 2004; or

S. 37(1)(c) amended by Nos 2/2019 s. 72(Sch. 1 Pt B item 4), 31/2024 s. 113(Sch. 1 item 1.57(b)).

(c) disclose any matter or thing of which the person has knowledge as a result of the performance of the duties and functions or the exercise of powers of the person or Integrity Oversight Victoria under this Act or the Public Interest Disclosures Act 2012—

except—

S. 37(1)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.57(b)).

(d) for the purposes of proceedings for an offence or a disciplinary process or action brought as a result of an investigation conducted by Integrity Oversight Victoria; or

S. 37(1)(e) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 4).

(e) for the purposes of proceedings for an offence against this Act or the Public Interest Disclosures Act 2012; or

S. 37(1)(f) amended by No. 31/2024 s. 113(Sch. 1 item 1.57(c)).

(f) in circumstances where Integrity Oversight Victoria, or the Integrity Oversight Victoria Officer in his or her official capacity, is a party to the relevant proceeding.

(2) In this section—

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;

produce includes permit access to.

Pt 2 Div. 3 (Heading and ss 38, 39) inserted by No. 19/2012 s. 10.