51Examination must be held in private

51 Examination must be held in private

(1) An examination must be held in private.

S. 51(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.94(a)).

(2) A person (other than an Integrity Oversight Victoria Officer) must not be present at the examination unless he or she is—

(a) attending in accordance with a witness summons duly served under section 56 or 57; or

(b) subject to section 58(2) and (8), an Australian legal practitioner representing a person who is attending in accordance with a witness summons; or

S. 51(2)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.94(b)).

(c) entitled to be present by reason of a direction given by Integrity Oversight Victoria under section 52; or

S. 51(2)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.94(b)).

(d) an Australian legal practitioner, or other person, engaged by Integrity Oversight Victoria to assist Integrity Oversight Victoria in the inquiry; or

S. 51(2)(e) amended by No. 31/2024 s. 113(Sch. 1 item 1.94(b)).

(e) any other person who is authorised to be present by Integrity Oversight Victoria or who is otherwise authorised to be present under this Act or any other law.

S. 51(3) inserted by No. 11/2021 s. 176.

(3) For the purposes of this section—

(a) an examination may be conducted by audio visual link or audio link; and

(b) attending an examination includes attending the examination by audio visual link or audio link.

S. 51(4) inserted by No. 11/2021 s. 176.

(4) For the purposes of subsection (1), an examination conducted by means of audio visual link or audio link is taken to be held in private.

S. 52 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.95).

S. 52 inserted by No. 19/2012 s. 12.