Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 55

Certain questions not required to be answered

55. Certain questions not required to be answered



(1) Subject to this section, a person is not required to answer a question put
to him or her in the course of giving evidence before the Tribunal in a
proceeding for review of a decision if to do so would involve the disclosure
of any information or matter to which a certificate under section 53
(Premier's certificate) or 54 (Attorney-General's certificate) applies.

(2) The Tribunal may order that a person answer a question that would involve
the disclosure of any information or matter to which a certificate under
section 54 (Attorney-General's certificate) applies if the Tribunal considers
it would not be contrary to the public interest for the person to answer the
question.

(3) The Tribunal's power to make an order under subsection (2) is exercisable
only by the President.

(4) For the purposes of this Act, the question whether or not the answering of
a question would be contrary to the public interest is a question of law.