specified in paragraph (a) or an action specified in paragraph (b); administrative or judicial process or proceeding involving a claim for any remedy in relation to a process specified in paragraph (a) or an action specified in paragraph (b); S. 3(1) def. of domestic partner inserted by No. 28/2012 s. 3(1). domestic partner of a person means— person who is in a registered relationship with a person; or Note A registered relationship is defined in subsection (4). person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of drug of dependence inserted by No. 13/2012 s. 3(1). drug of dependence has the same meaning as it has in the Drugs, Poisons and Controlled Substances Act 1981; S. 3(1) def. of examination inserted by No. 28/2012 s. 3(1). examination an examination under Part 6; S. 3(1) def. of firearm inserted by No. 13/2012 s. 3(1).
the IBAC any relevant information; or any relevant document to the IBAC; or any relevant question. Note to s. 84(2) amended by No. 37/2014 s. 10(Sch. item 85.13(b)). Note Failure to comply with a direction of the IBAC under this section is a breach of discipline. See section 125(1)(b) of the Victoria Police Act 2013. (3) Any information, document or answer given or produced in accordance with a direction under subsection (2) is not admissible in evidence before any court or person acting judicially, except in proceedings for— or giving false information; or S. 84(3)(b) amended by No. 37/2014 s. 10(Sch. item 85.13(c)). breach of discipline by a police officer or protective services officer; or S. 84(3)(c) amended by No. 37/2014 s. 10(Sch. item 85.13(d)). offence under this Act concerning failure to comply with a direction of the IBAC. S. 84(3)(d) repealed by No. 37/2014 s. 10(Sch. item 85.13(e)). * * * * *
is in the public interest to hold a public examination; and public examination can be held without causing unreasonable damage to a person's reputation, safety or wellbeing. (2) The IBAC must not hold an examination in public if the examination may disclose particulars likely to lead to the identification of a person who has made an assessable disclosure. (3) However, the IBAC may hold an examination in public if the information that may be disclosed is information to section 53(2)(a), (c) or (d) of the Protected Disclosure Act 2012 applies. (4) For the purposes of subsection (1)(b), the factors the IBAC may take into account in determining whether or not it is in the public interest to hold a public examination include, but are not limited to— the corrupt conduct or the police personnel conduct being investigated is related to an individual and was an isolated incident or systemic in nature; benefit of exposing to the public, and making it aware of, corrupt conduct or police personnel misconduct; the case of police personnel conduct investigations, the seriousness of the matter investigated.
(5) Not less than 7 days before a public examination is held, the IBAC must— the Victorian Inspectorate that the IBAC intends to hold the public examination; and a written report to the Victorian Inspectorate giving the reasons the IBAC decided to hold a public examination in accordance with subsection (1). (6) A judicial officer is not required to attend a public examination but may consent to so. S. 118 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)). 118 Offence to be present at examination A person (other than an IBAC Officer or a Victorian Inspectorate Officer) must not be present at an examination that is not open to the public unless he or she is— in accordance with a witness summons duly served under section 124; or to section 127(2), an Australian practitioner representing a person who is attending in accordance with a witness summons; or to be present by reason of a direction given by the IBAC under section 119; or Australian legal practitioner, or other person, engaged by the IBAC to assist the IBAC in the examination; or
other person authorised to be present by the IBAC or otherwise authorised to be present under this Act or any other law. Penalty: 120 penalty units or imprisonment for 12 months or both. S. 119 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)), amended by No. 82/2012 s. 13. 119 The IBAC may give directions (1) The IBAC may give directions as to the persons who— be present during an examination or part of an examination; not be present during an examination or part of an examination. (2) A direction under subsection (1) must not prevent the presence, when evidence is being taken at an examination, of— to section 127(2), an Australian legal practitioner representing a person attending in accordance with a witness summons; or IBAC Officer; or Victorian Inspectorate Officer; or person authorised to be present under this Act or any other law. S. 120 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)), amended by No. 82/2012 s. 14(1). 120 Witness summons
(1) For the purposes of an investigation, the IBAC may issue the following witness summonses to a person— summons to attend the IBAC to give evidence at an examination at a specified time and place on a specified date; summons to attend at a specified time and place on a specified date to produce documents or other things to the IBAC; summons to attend an examination at a specified time and place on a specified date before the IBAC to give evidence and produce documents or other things. (2) The IBAC may, under subsection (1), issue a witness summons directed to a person if satisfied that it is reasonable to do so, having regard to— evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and age of the person and any mental impairment to which the person is known or believed to be subject. (3) The IBAC must not issue a witness summons to a person who is under the age of 18 years unless the IBAC considers on reasonable grounds that— information, document or that the person could provide may be compelling and probative evidence; and
Services Victoria Act 2014, No. 1/2014 Assent Date: 11.2.14 Commencement Date: S. 68 on 1.7.14: s. 2(2) Current State: This information relates only to the provision/s amending the Independent Commission Act 2011 Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 49) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 Current This information relates only to the provision/s amending the Independent Commission Act 2011 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 (as amended by No. 21/2015) Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 85) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Independent Broad-based Commission Act 2011 Privacy and Data Protection Act 2014, No. 60/2014 Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 28) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 Current State: This information relates only to the provision/s amending the Independent Broad-based Commission Act 2011 Inquiries Act 2014, No. 67/2014 Assent Date: 23.9.14 Commencement Date: Ss 134, 135 on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 : This information relates only to the provision/s amending the Independent Broad-based Commission Act 2011