58Legal representation of witnesses and other persons

58 Legal representation of witnesses and other persons

(1) Subject to this section, a witness may be represented at an examination by an Australian legal practitioner.

S. 58(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.103).

(2) Integrity Oversight Victoria may direct a witness not to seek legal advice or representation in relation to a witness summons from a specified Australian legal practitioner if Integrity Oversight Victoria considers on reasonable grounds that the inquiry would be prejudiced because the Australian legal practitioner is—

(a) a witness in the inquiry or another inquiry; or

(b) the representative of another witness in the inquiry or another inquiry; or

S. 58(2)(c) amended by Nos 20/2017 s. 119(1), 12/2019 s. 16, 50/2021 s. 116, 31/2023 s. 31, 27/2024 s. 177, 31/2024 s. 113(Sch. 1 item 1.103(b)).

(c) a person involved, or suspected of being involved, in a complaint, review or matter being investigated by the Ombudsman, the Chief Examiner or an Examiner, the IBAC, the Parliamentary Workplace Standards and Integrity Commission, Integrity Oversight Victoria or the Office of the Victorian Information Commissioner or a matter that is the subject of an audit or assurance review by the Auditor-General; or

S. 58(2)(d) amended by Nos 20/2017 s. 119(1), 12/2019 s. 16, 50/2021 s. 116, 31/2023 s. 31, 27/2024 s. 177, 31/2024 s. 113(Sch. 1 item 1.103(b)).

(d) the representative of a person involved, or suspected of being involved, in a complaint, review or matter being investigated by the Ombudsman, the Chief Examiner or an Examiner, the IBAC, the Parliamentary Workplace Standards and Integrity Commission, Integrity Oversight Victoria or the Office of the Victorian Information Commissioner or a matter that is the subject of an audit or assurance review by the Auditor‑General.

(3) A direction under subsection (2) may be made at any time, whether before, at or after the time for complying with the witness summons.

S. 58(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.103(a)).

(4) Integrity Oversight Victoria must advise the person bound by the direction that a direction has been made under subsection (2).

S. 58(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.103(b)).

(5) A person is bound by a direction under subsection (2) from the time when Integrity Oversight Victoria gives the advice to that person under subsection (4).

S. 58(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.103(b)).

(6) If Integrity Oversight Victoria gives a direction under subsection (2), Integrity Oversight Victoria must, unless section 56(2) applies, allow the person bound by the direction at least 3 days from the date of receipt of the direction to obtain legal advice or representation by another Australian legal practitioner before the person is required to attend for the purpose of complying with the witness summons.