A police officer who accompanies a landlord's agent to a rental inspection at the agent's invitation, due to the agent's safety concerns, is a person 'necessary to achieve the purpose of the entry' under s 85 of the Residential Tenancies Act 1997 (Vic), and observations made opportunistically during such lawful entry do not constitute trespass or impropriety. To engage s 138(1)(b) of the Evidence Act 2008 (Vic), an applicant must establish a causal connection between the alleged illegality or impropriety and the obtaining of the evidence sought to be excluded; where evidence was obtained pursuant to warrants, the applicant must show the warrants would probably not have been issued but for the impugned conduct.
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