53Witness summons

53 Witness summons

S. 53(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.97(a)).

(1) For the purposes of an inquiry, Integrity Oversight Victoria may issue the following witness summonses to a person—

S. 53(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.97(a)).

(a) a summons to attend Integrity Oversight Victoria to give evidence at an examination at a specified time and place on a specified date;

S. 53(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.97(a)).

(b) a summons to attend at a specified time and place on a specified date to produce documents or other things to Integrity Oversight Victoria;

S. 53(1)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.97(a)).

(c) a summons to attend an examination at a specified time and place on a specified date before Integrity Oversight Victoria to give evidence and produce documents or other things.

S. 53(1A) inserted by No. 11/2021 s. 177.

(1A) A witness summons may specify that attendance required under the summons is to be by means of audio visual link or audio link and in a specified manner.

S. 53(1B) inserted by No. 11/2021 s. 177.

(1B) A witness summons that provides for attendance as described in subsection (1A)—

(b) may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.

S. 53(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.97(b)).

(2) Integrity Oversight Victoria may, under subsection (1), issue a witness summons directed to a person if satisfied that it is reasonable to do so, having regard to—

(a) the evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and

(b) the age of the person and any mental impairment to which the person is known or believed to be subject.

S. 53(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.97).

(3) Integrity Oversight Victoria must not issue a witness summons to a person who is under the age of 18 years unless Integrity Oversight Victoria considers on reasonable grounds that—

(a) the information, document or thing that the person could provide may be compelling and probative evidence; and

(b) it is not practicable to obtain the information, document or thing by any other means.

S. 53(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.97(a)).

(4) If a person is issued with a witness summons referred to in subsection (1)(b), Integrity Oversight Victoria may excuse that person from attendance if the person produces the required documents or things to Integrity Oversight Victoria before the time and date for production specified in the witness summons in accordance with any directions given by Integrity Oversight Victoria.