Section 128 of the Evidence Act 2008 (Vic) substitutes for the common law privilege against self-incrimination within its sphere of operation (witnesses giving or about to give evidence in court). Common law waiver principles do not apply; instead, the question whether a witness has acted inconsistently with invoking the privilege is addressed through the s 128(2) 'reasonable grounds' inquiry. Section 128 provides no protection for contemplated future perjury — it is limited to evidence tending to prove past commission of an offence. The question of whether and how waiver operates under s 128 was left open.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
2 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.