Victorian Consolidated Legislation

Ombudsman Act 1973 - SECT 18

Evidence

18. Evidence



(1) The provisions of sections 17, 18, 19, 20 and 20A of the Evidence Act 1958
shall apply to and in relation to any investigation which the Ombudsman is
authorized to conduct under this Act as if he were the sole Commissioner
issued with a commission by the Governor in Council.

(2) For the purpose of any such investigation the Ombudsman may take a
statutory declaration from any witness or other person.





(3) No obligation to maintain secrecy or other restriction upon the disclosure
of information obtained by or furnished to persons in the service of the Crown
or authority, where imposed by any enactment or any rule of law, shall apply
to the disclosure of information for the purposes of an investigation under
this Act.

(4) The Crown shall not, in relation to an investigation under this Act, be
entitled to any such privilege in respect of the production of documents or
the giving of evidence as is allowed by law in legal proceedings.

(5) Subject to subsections (3) and (4) a person shall not be compelled for the
purposes of an investigation under this Act to produce any document or give
any evidence which he could not be compelled to produce or give in proceedings
before a court.