Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61K

Arrest of recalcitrant witnesses

61K. Arrest of recalcitrant witnesses



(1) The Director may apply to a magistrate for the issue of a warrant to
arrest a person, if the Director believes on reasonable grounds that the
person has been duly served with a summons under section 17 of the
Evidence Act 1958 and has failed to attend before the Director in answer to
the summons.

(2) A magistrate may issue a warrant to arrest a person if satisfied by
evidence on oath, whether oral or by affidavit, that there are reasonable
grounds for the belief under subsection (1).

(3) The authority given by, and the rules to be observed with respect to,
warrants to arrest under Subdivision 2 of Division 3 of Part 4 of the
Magistrates' Court Act 1989 (other than section 62 or 64(2), (3) or (4))
extend and apply to warrants under this section.

(4) The person arrested-

   (a)  must be brought before the Director as soon as practicable; and

   (b)  may be detained in police custody until excused from attendance by the
        Director.

(5) If the Director is satisfied that there are reasonable grounds to believe
that it is necessary to prevent the 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 attendance at the investigation.

(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 Director.

(8) If it is not practicable for the person to be brought before the Director
as soon as practicable 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 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) The issue of a warrant under this section, or the arrest of a person
under the warrant, does not relieve the person from any liability for
non-compliance with a summons.