Victorian Numbered Acts

CHILDREN'S LEGISLATION AMENDMENT ACT 2008 (NO. 22 OF 2008) - SECT 27

In Division 2 of Part 5 of the Children's Services Act 1996 , before section 43 insert —

        " 42A     Power of Secretary to obtain information, documents and evidence

    (1)     If the Secretary believes that a person who is or has been a licensee, a nominee or a staff member of a children's service is capable of providing information, producing documents or giving evidence relating to a matter that constitutes, or may constitute, a contravention of section 26, 27 or 28, the Secretary may, by notice in writing, require that person—

        (a)     to provide to the Secretary, by writing signed by that person or, in the case of a body corporate, by the person who is or was nominated by the licensee to represent the licensee in relation to the application and the operation of the children's service, within the time and in the manner specified in the notice, that information; or

        (b)     to produce to the Secretary, or to a person specified in the notice acting on the Secretary's behalf, in accordance with the notice, those documents; or

        (c)     to appear before the Secretary, or a person specified in the notice acting on the Secretary's behalf, at a time and place specified in the notice to give that evidence, either orally or in writing, and produce those documents.

    (2)     The Secretary or the person specified in the notice acting on the Secretary's behalf may require the evidence referred to in subsection (1)(c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation.
s. 27

    (3)     A person must not—

        (a)     refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it; or

        (b)     in purported compliance with a notice under this section, knowingly provide information or give evidence that is false or misleading; or

        (c)     obstruct or hinder the Secretary in exercising a power under this section.

Penalty:     120 penalty units.

    (4)     Subject to subsection (5), a person is not excused from answering a question, providing information or producing, or permitting the inspection of, a document on the ground that the answer, information or document may tend to incriminate the person.

    (5)     Despite subsection (4), the answer by a person to any question asked in a notice under this section or the provision by a person of any information in compliance with a notice under this section, is not admissible in evidence against the person—

        (a)     in the case of a person not being a body corporate—in any criminal proceedings other than proceedings under this section; or

        (b)     in the case of a body corporate—in any criminal proceedings other than proceedings under this Act.".