18QAudio or video recording of compulsory appearances

18Q Audio or video recording of compulsory appearances (1) This section applies to a compulsory appearance. (2) The presiding officer must ensure that an audio or video recording of the appearance is made. (3) Subject to subsection (4), evidence of anything said by the person appearing during the appearance is inadmissible as evidence against any person in any proceeding before a court or tribunal unless— (a) an audio or video recording of the appearance is made; and (b) the audio or video recording is available to be tendered in evidence. (4) A court may admit evidence of anything said by the person appearing during the appearance that is otherwise inadmissible because of subsection (3) if the court is satisfied that there are exceptional circumstances that justify the admission of the evidence. (5) Unless the Ombudsman considers on reasonable grounds that doing so may prejudice an investigation under this Act, the Ombudsman must provide the person appearing with a copy of— (a) the audio or video recording; and (b) any transcript created. (6) If the Ombudsman determines not to provide the person with a copy of the audio or video recording and any transcript in accordance with subsection (5), the Ombudsman must allow the person to listen to or view the recording of the person's evidence at the premises of the Ombudsman at any reasonable time. S. 18Q(7) amended by No. 31/2024 s. 113(Sch. 1 item 24.10). (7) As soon as possible after the appearance, the Ombudsman must provide Integrity Oversight Victoria with a copy of the audio or video recording and any transcript of the appearance. S. 18R inserted by No. 2/2019 s. 163.