Victorian Consolidated Legislation

Evidence Act 1958 - SECT 9O

Privilege of witnesses

9O. Privilege of witnesses



(1) A person shall not be compelled by virtue of an order under section 9N to
give any evidence which the person could not be compelled to give-

   (a)  in similar proceedings in Victoria; or

   (b)  in similar proceedings in the place in which the requesting court
        exercises jurisdiction.

(2) Subsection (1)(b) does not apply unless the claim of the person in
question to be exempt from giving evidence is either-

   (a)  supported by a statement contained in the request (whether it is so
        supported unconditionally or subject to conditions that are
        fulfilled); or

   (b)  conceded by the applicant for the order.

(3) Where such a claim by any person is not so supported or conceded, the
person may (subject to the other provisions of this section) be required to
give the evidence to which the claim relates, but that evidence shall not be
transmitted to the requesting court if that court, on the matter being
referred to it, upholds the claim.



(4) In this section, references to giving evidence include references to
answering any question and to producing any document, and the reference in
subsection (3) to the transmission of evidence given by a person shall be
construed accordingly.