Privilege of witnesses
9O Privilege of witnesses
S. 9O inserted by No. 57/1990 s. 6.
A person shall not be compelled by virtue of an order under section 9N to give any evidence which the person could not be compelled to give—
in similar proceedings in Victoria; or
in similar proceedings in the place in which the requesting court exercises jurisdiction.
Subsection (1)(b) does not apply unless the claim of the person in question to be exempt from giving evidence is either—
supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled); or
conceded by the applicant for the order.
Where such a claim by any person is not so supported or conceded, the person may (subject to the other provisions of this section) be required to give the evidence to which the claim relates, but that evidence shall not be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim.
In this section, references to giving evidence include references to answering any question and to producing any document, and the reference in subsection (3) to the transmission of evidence given by a person shall be construed accordingly.
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