Victorian Consolidated Legislation

Parliamentary Committees Act 2003 - SECT 28

Evidence

28. Evidence



(1) A Joint Investigatory Committee has power to send for persons, documents
and other things.

(2) Subject to subsection (3), a Joint Investigatory Committee must take all
evidence in public.

(3) A Joint Investigatory Committee may take evidence in private if the
Committee resolves that special circumstances make it desirable to take the
evidence in private and for this purpose, part or whole of a public hearing
may be held in private.

(3A) A Joint Investigatory Committee may take evidence in any manner that the
Joint Investigatory Committee considers appropriate including by means of
audio link, audio visual link or any other electronic means.

(3B) A Joint Investigatory Committee must determine what weight or value to
give to evidence received by different means in accordance with subsection
(3A).

(4) Without limiting or affecting the generality of section 19A of the
Constitution Act 1975, evidence given before a Joint Investigatory Committee
must, if the Committee so requires, be given on oath or affirmation.

(4A) An oath to be sworn or affirmation to be made by a witness who is to give
evidence by audio link or audio visual link may be administered either-

   (a)  by means of the audio link or audio visual link, in as nearly as
        practicable the same way as if the witness were to give evidence at
        the place at which the Joint Investigatory Committee is sitting; or





   (b)  at the direction of, and on behalf of, the Joint Investigatory
        Committee at the place where the witness is located by a person
        authorised by the Joint Investigatory Committee.

(5) A Joint Investigatory Committee may empower a specified member or members
of the Committee to send for persons, documents and other things and to take
evidence with respect to any proposal, matter or thing which is referred to
the Committee for consideration and report if the Committee unanimously agrees
so to empower the member or members.

(6) When sending for persons, documents and other things or when taking
evidence under subsection (5), a member of a Joint Investigatory Committee has
all the privileges, immunities and powers of the Joint Investigatory
Committee.

(7) A person who is required by a Joint Investigatory Committee to attend as a
witness is, in prescribed circumstances, entitled to receive prescribed
expenses.

(8) Any person may make a written submission to a Joint Investigatory
Committee with respect to any proposal, matter or thing being inquired into or
being considered by the Committee.

(9) A Joint Investigatory Committee must keep a record of all evidence given
before it and determinations made by it.