Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 68E

Evidence

68E. Evidence







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(3) Subject to subsection (4), evidence is not to be adduced before the
Appeals Board in a review under this Division unless-

   (a)  notice of intention to do so, and of the substance of the evidence,
        has been given to the Appeals Board before the commencement of the
        hearing of the review; and

   (b)  the Appeals Board gives leave.





(4) Subsection (3) does not apply to the following-

   (a)  the Chief Commissioner's order;

   (b)  the notice given under section 68(2)(a);

   (c)  any information before the Chief Commissioner at the time of making
        the order, including any submissions made under section 68(2)(c).

(5) The Appeals Board-

   (a)  may give leave under subsection (3)(b) in such circumstances as it
        thinks fit and having regard to the nature of the review; and





   (b)  without limiting paragraph (a), must give leave under subsection
        (3)(b) if it is satisfied-

   (i)  that there is a real probability that the applicant may be able to
        show that the Chief Commissioner has acted on wrong or mistaken
        information; or

   (ii) that there is cogent evidence to suggest that the information before
        the Chief Commissioner was unreliable, having been placed before the
        Chief Commissioner maliciously, fraudulently or vexatiously; or

   (iii) that the evidence sought to be adduced might materially have affected
        the Chief Commissioner's decision.