Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61BA

Video-recording of examination

61BA. Video-recording of examination



(1) This section applies if-

   (a)  a person attends the Director in the course of an investigation in
        answer to a summons issued under section 17 of the Evidence Act 1958;
        or

   (b)  a person attending the Director voluntarily in the course of an
        investigation is required-

   (i)  to be sworn or to make an affirmation; or

   (ii) to answer a question; or



   (c)  a person attends the Director in the course of an investigation and
        the Director issues a certificate under section 61B(3) in relation to
        the provision of information, production of a document or thing or the
        giving of evidence by the person.

(2) The Director must ensure that the person's attendance is video-recorded.

(3) Subject to subsection (4), evidence of anything said by the person during
the attendance after the relevant time is inadmissible as evidence against any
person in any proceedings unless the attendance was video-recorded from the
relevant time and the video-recording is available to be tendered in evidence.

(4) A court may admit evidence of anything said by a person during an
attendance that is otherwise inadmissible by reason of subsection (3) if the
court is satisfied on the balance of probabilities that the circumstances-

   (a)  are exceptional; and

   (b)  justify the reception of the evidence.

(5) In this section-

relevant time means-

   (a)  in the circumstances set out in subsection (1)(a)-the time the person
        began giving evidence or producing a document or thing in compliance
        with the summons;

   (b)  in the circumstances set out in subsection (1)(b)-the time the
        requirement was made;

   (c)  in the circumstances set out in subsection (1)(c)-the time the
        certificate was issued.