59Specific provisions relating to witnesses

59 Specific provisions relating to witnesses

S. 59(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.104(a)).

(1) At any time during an examination, if Integrity Oversight Victoria becomes aware that a witness is under the age of 16 years, Integrity Oversight Victoria must immediately release the person from compliance with any witness summons applying to that person.

S. 59(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.104(a)).

(2) If a witness does not have knowledge of the English language that is sufficient to enable the witness to understand questions asked of him or her or to answer those questions, before the examination commences, or during the examination, as the case requires, Integrity Oversight Victoria must provide for a competent interpreter to be present for the examination.

(3) If a witness is under the age of 18 years, the witness must be accompanied by a parent or guardian or an independent person.

S. 59(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.104(b)).

(4) Integrity Oversight Victoria must direct that an independent person be present during the examination of a witness if—

S. 59(4)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.104(a)).

(a) Integrity Oversight Victoria believes the witness has a mental impairment; or

S. 59(4)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.104(a)).

(b) the witness provides Integrity Oversight Victoria with reasonably satisfactory medical evidence that the witness has a mental impairment.

S. 59(5) inserted by No. 11/2021 s. 180.

(5) For the purposes of this section, the following persons may attend or be present at an examination, in the capacity specified in this section, by means of audio visual link or audio link—

(a) an interpreter;

(b) a parent or guardian;

(c) an independent person.

S. 60 inserted by No. 19/2012 s. 12, amended by Nos 82/2012 s. 47, 85/2012 s. 116.