Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61H

Contempt of Director

61H. Contempt of Director



(1) A person attending an investigation in answer to a summons under
section 17 of the Evidence Act 1958 is guilty of a contempt of the Director if
the person-

   (a)  fails without reasonable excuse to produce any document or thing the
        person is required by the summons to produce; or

   (b)  being called or examined as a witness, refuses to be sworn or to make
        an affirmation or, without reasonable excuse, refuses or fails to
        answer any question relevant to the subject-matter of the
        investigation; or

   (c)  engages in any other conduct that would, if the Director were the
        Supreme Court, constitute a contempt of that Court.

(2) If it is alleged or appears to the Director that a person is guilty of
contempt of the Director, the Director may-

   (a)  issue a written certificate charging the person with contempt and
        setting out or attaching details of the alleged contempt (certificate
        of charge); and

   (b)  issue a warrant to arrest the person (arrest warrant).

(3) An arrest warrant-

   (a)  may be directed to-

   (i)  a named member of the police force; or

   (ii) generally all members of the police force; and

   (b)  authorises the person to whom it is directed to arrest the person
        named in the warrant.

(4) A person who is arrested under an arrest warrant-

   (a)  is to be brought before the Supreme Court forthwith to be dealt with
        according to law; and

   (b)  may be detained in police custody in the meantime.

(5) If the Director is satisfied that there are reasonable grounds to believe
that it is necessary to prevent the arrested person from escaping from police
custody or to ensure the safety of the person, the Director may direct that
the person be detained in a prison or a police gaol for the purpose of
ensuring his or her appearance before the Supreme Court.

(6) If a person detained in police custody under this section, other than a
person detained in accordance with a direction under subsection (5), is
required to be detained overnight, the Chief Commissioner of Police must
arrange for the person to be provided with accommodation and meals to a
standard comparable to that generally provided to jurors kept together
overnight.

(7) If a person is detained in a prison in accordance with a direction under
subsection (5), the Director may give a written direction for the person to be
delivered into the custody of a member of the police force for the purpose of
bringing the person before the Supreme Court.

(8) If it is not practicable for the person to be brought before the Supreme
Court forthwith after he or she is arrested-

   (a)  the person for the time being in charge of the place where he or she
        is detained must-

   (i)  advise the person that he or she is entitled to apply to a bail
        justice for discharge from custody; and

   (ii) give the person a written statement of his or her right to apply; and

   (b)  if the person elects to apply, the person for the time being in charge
        of the place where he or she is detained must-

   (i)  cause the person to be brought before a bail justice as soon as
        practicable; and

   (ii) cause to be produced before the bail justice the arrest warrant and
        the certificate of charge for the person; and

   (iii) abide by the decision of the bail justice in relation to the person.

(9) When a person is brought before a bail justice under subsection (8), the
bail justice may discharge the person from custody on bail in accordance with
the Bail Act 1977 as if the person had been accused of an offence.

(10) A contempt of the Director is to be dealt with by the Supreme Court as
if-

   (a)  the contempt were a contempt of an inferior court; and

   (b)  the certificate of charge were an application to the Supreme Court for
        punishment for the contempt.

(11) A certificate of charge is evidence of the matters set out in or attached
to it.