22Request for information relating to investigation

22 Request for information relating to investigation

(1) The Commission, by written notice, may request a person to provide to the Commission, within 28 days or any longer period specified by the Commission, any document, information or other thing in the person's possession that the Commission considers necessary for the purposes of conducting an investigation in relation to a referral.

(2) A request under subsection (1) must—

(a) be in the prescribed form (if any); and

(b) include the following—

(i) a statement of the person's rights and responsibilities in relation to the request;

See, in particular, sections 25, 27 and 107.

(ii) a statement that the person may seek legal advice in relation to the request;

(iii) a statement that the person is not required to comply with the request if the person has a reasonable excuse;

S. 22(2)(b)(iv) amended by No. 27/2024 s. 188(Sch. 3 item 2.3).

(iv) a statement that the person may make a complaint to Integrity Oversight Victoria about the conduct of the Commission or a Commission officer in making the request;

(v) the prescribed information (if any).

S. 22(3) amended by No. 27/2024 s. 188(Sch. 3 item 2.3).

(3) If the Commission makes a request under subsection (1), the Commission must provide the following to Integrity Oversight Victoria as soon as practicable—

(a) a copy of the request;

(b) a report that sets out the reasons for making the request.

(4) The Commission may take a statutory declaration from a person.

(5) If a person who receives a request under subsection (1) elects to provide information to the Commission orally, the Commission must—

(a) make arrangements with the person for their attendance at a specified time and place to provide the information; and

(b) inform the person that they may—

(i) be accompanied by one or both of the following—

(A) a legal representative;

(B) a support person approved by the Commission; and

(ii) request that the attendance be recorded.

S. 22(6) amended by No. 27/2024 s. 188(Sch. 3 item 2.3).

(6) If a person requests a recording under subsection (5)(b)(ii), the Commission must provide the following to the person and to Integrity Oversight Victoria within a reasonable time—

(a) a copy of the recording;

(b) a copy of any transcript of the attendance prepared by the Commission.