Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61BAB

Underage and impaired witnesses

61BAB. Underage and impaired witnesses



(1) Despite anything to the contrary in the Evidence Act 1958-

   (a)  the Director must not issue a summons under section 17 of that Act
        directed to a person known to be under the age of 16 years; and

   (b)  a summons issued under that section must include a statement that if
        the person summoned is under the age of 16 years at the date of issue
        of the summons, the person need not comply with the summons; and

   (c)  a summons directed to a person under the age of 16 years at the date
        of issue of the summons has no effect.

(2) A person who claims to be under the age of 16 years at the date of issue
of a summons directed to the person must give notice in writing and proof of
age to the Director.

(3) If the Director suspects that a person attending the Director in answer to
a summons may be under the age of 18 years, the Director must confirm the
person's age before any question is asked of the person or the person produces
a document or other thing.

(4) If, at any time during the attendance of a person in answer to a summons,
the Director becomes aware that the person is under the age of 16 years, the
Director must immediately release the person from all compliance with the
summons.

(5) If a person required to attend the Director is a person under the age of
18 years, the Director must direct-





   (a)  that a parent or guardian of the person or an independent person is to
        be present during the person's attendance, if the person so wishes;
        and

   (b)  that the person may confer with the parent, guardian or independent
        person before providing any information, producing any document or
        thing or giving any evidence.

(6) If a person required to attend the Director is a person believed by the
Director to have a mental impairment, the Director must direct-

   (a)  that an independent person is to be present during the person's
        attendance, if the person so wishes; and

   (b)  that the person may confer with the independent person before
        providing any information, producing any document or thing or giving
        any evidence.

(7) In this section-

mental impairment includes impairment because of mental illness, intellectual
disability, dementia or brain injury.