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Integrity Oversight Victoria Act 2011
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Turn the raw legal text into a practical explanation grounded in Integrity Oversight Victoria Act 2011.
60 Actions to be taken before questioning of a witness or requiring production of a document or other thing
S. 60(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.105).
(1) Before a witness summoned to attend at an examination and not excused from attendance under section 53(4) is asked any questions or required to produce a document or thing, Integrity Oversight Victoria must—
S. 60(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.105).
(a) confirm the age of a witness if Integrity Oversight Victoria considers that a witness may be under the age of 18 years;
(b) release any witness under the age of 16 years from compliance with any witness summons;
(c) inform the witness orally and in writing of the person's rights and obligations as specified in section 54(4) unless—
(i) the witness is represented by an Australian legal practitioner; and
S. 60(1)(c)(ii) amended by No. 31/2024 s. 113(Sch. 1 item 1.105).
(ii) the witness informs Integrity Oversight Victoria that, prior to the examination, an Australian legal practitioner has explained the statement referred to in section 54(3)(c) to the witness;
S. 60(1)(d) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 6).
(d) inform an Australian legal practitioner who is representing a witness or other person at the examination of any confidentiality notices that apply under the Act and, in the case of an investigation of a public interest complaint, the confidentiality requirements under the Public Interest Disclosures Act 2012;
(e) take any other actions prescribed for the purposes of this subsection.
S. 60(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.105).
(2) Before a witness summoned to attend at an examination is asked any questions, Integrity Oversight Victoria must advise the witness of the nature of the matters in respect of which the witness is to be asked questions, except to the extent to which Integrity Oversight Victoria forms the opinion on reasonable grounds that this would prejudice the investigation or would be contrary to the public interest.
S. 60(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.105).
(3) For the avoidance of doubt, Integrity Oversight Victoria is not required to give reasons for forming the opinion referred to in subsection (2).
S. 61 (Heading) amended by No. 2/2019, s. 72(Sch. 1 Pt B item 7).
S. 61 inserted by No. 85/2012 s. 117, amended by No. 31/2024 s. 113(Sch. 1 item 1.106).
61 Witness attending examination in relation to investigation of public interest complaint to be informed of confidentiality obligations
Before a person attending as a witness at an examination (whether voluntarily or in response to a summons) is asked any questions or required to produce a document or thing, Integrity Oversight Victoria must—
S. 61(a) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 8).
(a) advise the person that obligations under the Public Interest Disclosures Act 2012 relating to confidentiality may apply to the person; and
(b) inform the person of the nature of those obligations.
S. 62 inserted by No. 19/2012 s. 12.