Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 31

Preliminary requirements

31. Preliminary requirements

Before any question is asked of the witness at an examination, or the witness
produces a document or other thing, the Chief Examiner must-

   (a)  confirm the age of the witness, if the Chief Examiner suspects that
        the witness may be under the age of 18 years;

   (b)  if the person is under the age of 16 years, release the person from
        all compliance with the witness summons or the order made under
        section 18, as the case may be;

   (c)  inform the witness that the privilege against self-incrimination does
        not apply but that there are restrictions on the use that can be made
        of evidence obtained in the course of the examination or from
        production of documents in accordance with the witness summons and
        specify those restrictions;

   (d)  inform the witness that legal professional privilege applies and of
        the effect of that privilege but that, subject to that privilege, it
        is an offence not to answer questions or produce documents or other
        things when required or give false or misleading evidence and state
        the penalties for those offences;

   (e)  inform the witness of any confidentiality requirements applying to
        evidence or the fact of the issue of the witness summons or the making
        of the order under section 18, as the case may be;

   (f)  where applicable, inform the witness of his or her right to legal
        representation, to an interpreter or to have his or her parent or
        guardian or an independent person present with whom he or she may
        communicate before giving any evidence;

   (g)  inform the witness of his or her right of complaint to the Special
        Investigations Monitor and that the exercise of this right will not
        breach any confidentiality requirements referred to in paragraph (e).