Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61L

Witness already held in custody

61L. Witness already held in custody



(1) This section applies if-

   (a)  a summons is issued under section 17 of the Evidence Act 1958 for the
        purposes of an investigation; and

   (b)  the summons is directed to a person who is held in a prison or police
        gaol.

(2) The Director may give a written direction that the person be delivered
into the custody of a member of the police force for the purpose of bringing
the person before the Director to provide information, produce a document or
thing or give evidence as required by the summons.

(3) A direction under subsection (2)-

   (a)  must be in the prescribed form; and

   (b)  must include a statement that if the person who is the subject of the
        direction is under the age of 16 years at the date the direction is
        given, the direction is of no effect and the person is not required to
        attend the Director; and



   (c)  if the person is aged 16 years or over, has effect as a suspension of
        a direction in a warrant of commitment to deliver the person to the
        place of detention specified in the warrant or to hold the person in
        that place (as the case may be).

(4) The person is to be detained in police custody until he or she is excused
by the Director from attendance in the investigation.

(5) When the person is excused from attendance by the Director, the member of
the police force must deliver the person who is the subject of the direction
to the place of detention at which the person was held or detained at the time
the direction was given.