83GProtection of legal practitioners and persons—notice to produce or attend

83G Protection of legal practitioners and persons—notice to produce or attend (1) A legal practitioner representing the person who is served with a notice to produce or attend has the same protection and immunity as a legal practitioner has in representing a party in a proceeding in the Supreme Court. (2) A person who is served with a notice to produce or attend has the same protection and immunity as a witness has in a proceeding in the Supreme Court. S. 83GA inserted by No. 2/2019 s. 145. 83GA Audio or video recording of examination (1) This section applies if a person is required under this Part to attend an examination before the Information Commissioner. (2) The Information Commissioner must ensure that an audio or video recording of the examination is made. (3) Subject to subsection (4), evidence of anything said by the person during the examination is inadmissible as evidence against any person in any proceeding before a court or tribunal unless— (a) an audio or video recording of the examination 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 during the examination 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 Information Commissioner considers on reasonable grounds that doing so may prejudice the dealing of a complaint under this Act, the Information Commissioner must provide the person attending the examination with a copy of— (a) the audio or video recording; and (b) any transcript created. (6) If the Information Commissioner determines not to provide the person with a copy of the audio or video recording and any transcript in accordance with subsection (5), the Information Commissioner must allow the person to listen to or view the recording of the person's evidence at the premises of the Information Commissioner at any reasonable time. S. 83GA(7) amended by No. 31/2024 s. 113(Sch. 1 item 26.4). (7) As soon as possible after the examination, the Information Commissioner must provide Integrity Oversight Victoria with a copy of the audio or video recording and any transcript of the examination. S. 83H inserted by No. 20/2017 s. 88.