Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61B

Evidence in Director investigations

61B. Evidence in Director investigations









(1) Sections 19A and 19B of the Evidence Act 1958 apply to and in relation to
an investigation as if the Director were the sole commissioner issued with a
commission by the Governor in Council.

Note The provisions of sections 17, 18, 19, 20 and 20A of the
Evidence Act 1958 also apply to the investigation-see section 54(2) and
subsection (1A) below.

(1A) Despite anything to the contrary in section 54(2) of this Act, section 20
of the Evidence Act 1958 applies to and in relation to an investigation by the
Director as if a reference in that section 20 to a law officer were a
reference to the Director of Public Prosecutions.

(2) Subject to this section, section 55 and section 56(1) and (2), a person
cannot be compelled, for the purposes of an investigation, to produce any
document or give any evidence that he or she could not be compelled to produce
or give in proceedings before a court.

(3) It is not a reasonable excuse for a person to fail to provide information,
produce a document or thing or give evidence for the purposes of an
investigation, on the ground that the information, document, thing or evidence
may tend to incriminate the person, if the Director certifies in writing that,
in his or her opinion, the provision of the information, production of the
document or thing or giving of the evidence is necessary in the public
interest.

(4) In determining whether or not to certify under subsection (3), the
Director may take into account, amongst other things, whether-

   (a)  the investigation involves the review of established policies,
        practices or procedures of the force; and

   (b)  it is unlikely that the information, document, thing or evidence could
        be obtained by other means.

(4A) For the purposes of subsection (3), the Director may certify in respect
of-

   (a)  particular information, or any or all information of a particular
        class, to be provided by a particular person; or

   (b)  particular evidence, or any or all evidence of a particular class, to
        be given by a particular person.

Example For example, the Director could certify under subsection (3) in
respect of a single question to be asked of a witness, or in respect of all
questions on a particular topic to be asked of a witness.

(4B) For the avoidance of doubt, the Director is not required to give reasons
for certifying under subsection (3).

(5) Subsection (3) applies despite anything to the contrary in this Act or
Division 5 of Part I of the Evidence Act 1958.

(6) If the Director certifies under subsection (3), he or she must give a copy
of the certificate to the person before requiring the person to provide
information, produce a document or thing or give evidence.

(7) Any information provided, or document or thing produced, or evidence given
to the Director by a person in circumstances where the Director has certified
under subsection (3) is not admissible in evidence against that person before
any court or person acting judicially, except in proceedings for-

   (a)  perjury or giving false information; or

   (b)  a breach of discipline under section 69 of the
        Police Regulation Act 1958; or

   (c)  failure to comply with a direction under section 55(1) of this Act; or

   (d)  an offence against section 19 of the Evidence Act 1958; or



   (e)  contempt of the Director under section 61H.