Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 34

Representation of witness

34. Representation of witness



(1) A witness giving evidence at an examination may be represented by a legal
practitioner.

(2) If a person required to give evidence at an examination does not have
knowledge of the English language that is sufficient to enable him or her to
understand the questioning, the Chief Examiner must, before the examination
commences, arrange for the presence of a competent interpreter and defer the
examination until the interpreter is present.

(3) If a person required to give evidence at an examination is a person
believed to have a mental impairment, the Chief Examiner must direct-

   (a)  that an independent person is to be present during the examination, if
        the witness so wishes; and

   (b)  that the witness may communicate with the independent person before
        giving any evidence at the examination.

(4) If a person required to give evidence at an examination is a person under
the age of 18 years, the Chief Examiner must direct-

   (a)  that a parent or guardian of the witness or an independent person is
        to be present during the examination, if the witness so wishes; and



   (b)  that the witness may communicate with the parent, guardian or
        independent person before giving any evidence at the examination.