Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61G

Confidentiality of summons

61G. Confidentiality of summons



(1) This section applies if the Director issues a summons to a person under
section 17 of the Evidence Act 1958 in relation to an investigation.

(2) The Director may give the person to whom the summons is issued a written
notice stating-

   (a)  that the summons is a confidential document; and



   (b)  that it is an offence to disclose to anyone else the existence of the
        summons or the subject-matter of the investigation to which it relates
        unless the person has a reasonable excuse.

(3) If the Director gives a notice under subsection (2), a person must not
disclose to anyone else the existence of the summons or the subject-matter of
the investigation to which it relates, unless the person has a reasonable
excuse.

Penalty: 120 penalty units or imprisonment for 12 months or both.

(4) It is a reasonable excuse for a person to disclose the existence of the
summons or the subject-matter of the investigation to which it relates if-

   (a)  the disclosure is made for the purposes of-

   (i)  seeking legal advice in relation to the summons or an offence against
        subsection (3); or

   (ii) obtaining or providing information in order to comply with the
        summons; or

   (iii) the administration of this Act; and

   (b)  the person informs the person to whom the disclosure is made that it
        is an offence to disclose to anyone else the existence of the summons
        or the subject-matter of the investigation to which it relates unless
        the person has a reasonable excuse.