Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 36

Further restriction on disclosure

36. Further restriction on disclosure



(1) Subject to this section-

   (a)  a person referred to in section 34(1) is not, except for the purposes
        of this Act or an enabling enactment, required-

   (i)  to produce in a court any document that has come into his or her
        possession; or

   (ii) to disclose to a court any information that has come to his or her
        notice- in the performance of functions under or in connection with
        this Act or an enabling enactment; and

   (b)  a person referred to in section 35 is not, except for the purposes of
        this Act or an enabling enactment, required-

   (i)  to produce in a court any document that has come into his or her
        possession; or

   (ii) to disclose to a court any information that has come to his or her
        notice- as a result of a disclosure to that person under section 34.

(2) If-

   (a)  the Minister certifies that it is necessary in the public interest
        that specified information should be disclosed to a court; or

   (b)  the person to whom information relates has given written consent for
        it to be disclosed to a court-

a person referred to in subsection (1) may be required to disclose the
relevant information or produce the relevant document to the court.

(3) A person referred to in subsection (1) may be required-

   (a)  to produce in a court a document that has come into his or her
        possession; or

   (b)  to disclose to a court any information that has come to his or her
        notice-

in any proceeding for an indictable offence, including a committal proceeding
and a summary hearing of an indictable offence.

(4) In this section-

court includes a tribunal and any person who has power to require the
production of documents or the answering of questions.