54Content and form of witness summons

54 Content and form of witness summons

(1) A witness summons must require the person to whom it is directed to attend at a specified time and place on a specified date—

S. 54(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.98).

(a) to give evidence before Integrity Oversight Victoria; or

S. 54(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.98).

(b) to produce to Integrity Oversight Victoria 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 and produce any documents or other things described in the witness summons that are in the person's possession or control.

S. 54(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.98).

(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 Integrity Oversight Victoria considers on reasonable grounds that this would be likely to prejudice the conduct of the inquiry to which the witness summons relates or would be contrary to the public interest.

(3) A witness summons must be—

(a) in the prescribed form; and

(b) accompanied by a copy of any relevant confidentiality notice; and

(c) 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) 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 55; and

(c) that the person is entitled to seek legal advice in relation to the witness summons and the inquiry generally;

(d) that the person has a right to legal representation at an examination;

(e) that, if applicable, the person has a right to have an interpreter present at the examination;

(f) that, if applicable, the person is required to have a parent, a guardian or an independent person present at the examination;

(g) 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;

(ii) if the person is an IBAC personnel, the IBAC is not entitled to assert any privilege;