Victorian Consolidated Regulations

Financial Management Regulations 2004 - SECT 13

Conduct of investigation

13. Conduct of investigation



(1) At the investigation-

   (a)  the procedure is at the discretion of the investigator; and

   (b)  the investigation must be conducted in private with as little
        formality and technicality and with as much expedition as the matters
        being investigated permit; and





   (c)  the investigator is not bound by the rules of evidence; and

   (d)  the relevant employee must be given a reasonable opportunity to make
        oral and written submissions; and

   (e)  any reasonable request by the relevant employee for a witness must be
        agreed to by the investigator.

(2) If the investigator considers that a witness (other than the relevant
employee) who is an employee may have caused or contributed to the relevant
incident, the investigator must as soon as practicable provide the witness
with a notice informing him or her of section 57 of the Act and of the
requirements of these Regulations.

(3) Upon the request of an investigator, the empowered officer may make
available officers or engage other persons to assist the investigator to carry
out the investigation.

(4) For the purpose of the investigation and report, the investigator-

   (a)  is entitled to full and free access to accounts and records relating
        to the relevant incident; and

   (b)  may make copies of, and take extracts from, any such accounts and
        records.