Victorian Consolidated Legislation

Evidence Act 1958 - SECT 9N

Power of the Supreme Court to give effect to application for assistance

9N. Power of the Supreme Court to give effect to application for assistance



(1) The Supreme Court has power, on any such application as is mentioned in
section 9M, by order to make such provision for obtaining evidence in Victoria
as may appear to the court to be appropriate for the purpose of giving effect
to the request in pursuance of which the application is made.

(2) An order under this section may require a specified person to take such
steps as the court may consider appropriate for that purpose.





(3) Without limiting the generality of subsections (1) and (2), an order under
this section may, in particular, make provision-

   (a)  for the examination of witnesses, either orally or in writing;

   (b)  for the production of documents;

   (c)  for the inspection, photographing, preservation, custody or detention
        of any property;

   (d)  for the taking of samples of any property and the carrying out of any
        experiments on or with any property;

   (e)  for the medical examination of any person;

   (f)  without limiting paragraph (e), for the taking and testing of samples
        of blood from any person.

(4) An order under this section shall not require any particular steps to be
taken unless they are steps which can be required to be taken by way of
obtaining evidence for the purposes of proceedings in the Supreme Court
(whether or not proceedings of the same description as those to which the
application for the order relates).

(5) Subsection (4) does not preclude the making of an order requiring a person
to give testimony (either orally or in writing) otherwise than on oath where
this is asked for by the requesting court.

(6) An order under this section shall not require a person-

   (a)  to state what documents relevant to the proceedings to which the
        application for the order relates are or have been in the person's
        possession, custody or power; or

   (b)  to produce any documents other than particular documents specified in
        the order and appearing to the court making the order to be, or to be
        likely to be, in the person's possession, custody or power.

(7) A person who, by virtue of an order under this section, is required to
attend at any place shall be entitled to the like conduct money and payment
for expenses and loss of time on attendance as a witness in proceedings before
the Supreme Court.