Legal representation of witnesses and other persons
127 Legal representation of witnesses and other persons
S. 127 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)), amended by No. 82/2012 s. 16.
Subject to this section, a witness may be represented at an examination by an Australian legal practitioner.
S. 127(1A) inserted by No. 11/2021 s. 134.
For the purposes of this section, the attendance of an Australian legal practitioner at the IBAC for the purposes of representing a witness includes attendance by the practitioner by means of audio visual link or audio link.
The IBAC may direct a witness not to seek legal advice or representation in relation to a witness summons from a specified Australian legal practitioner if the IBAC considers on reasonable grounds that the examination would be prejudiced because the Australian legal practitioner is—
a witness in the examination or another examination; or
the representative of another witness in the examination or another examination; or
S. 127(2)(c) amended by No. 31/2024 s. 113(Sch. 1 item 16.31).
a person involved, or suspected of being involved, in a matter being investigated by the IBAC or Integrity Oversight Victoria; or
S. 127(2)(d) amended by No. 31/2024 s. 113(Sch. 1 item 16.31).
the representative of a person involved, or suspected of being involved, in a matter being investigated by the IBAC or Integrity Oversight Victoria.
A direction under subsection (2) may be made at any time, whether before, at or after the time for complying with the witness summons.
The IBAC must advise the person bound by the direction that a direction has been made under subsection (2).
A person is bound by a direction under subsection (2) from the time when the IBAC gives the advice to that person under subsection (4).
If the IBAC gives a direction under subsection (2), the IBAC must, unless section 124(2) applies, allow the person bound by the direction at least 3 days from the date of receipt of the direction to obtain legal advice or representation by another Australian legal practitioner before the person is required to attend for the purpose of complying with the witness summons.
S. 127(7) substituted by No. 2/2019 s. 123.
The IBAC may authorise a person who is not a witness to be represented by an Australian legal practitioner during the examination of a witness if the IBAC—
has authorised the person under section 119A to appear at a public examination; or
considers that there are special circumstances.
S. 127(7A) inserted by No. 2/2019 s. 123.
The IBAC may direct a person referred to in subsection (7) not to be represented by a specified Australian legal practitioner if the IBAC considers on reasonable grounds that the examination would be prejudiced because the Australian legal practitioner is—
a witness in the examination or another examination; or
the representative of a witness in the examination or another examination; or
S. 127(7A)(c) amended by No. 31/2024 s. 113(Sch. 1 item 16.31).
a person involved, or suspected of being involved, in a matter being investigated by the IBAC or Integrity Oversight Victoria; or
S. 127(7A)(d) amended by No. 31/2024 s. 113(Sch. 1 item 16.31).
the representative of a person involved, or suspected of being involved, in a matter being investigated by the IBAC or Integrity Oversight Victoria.
The IBAC may direct a person who has received a proposed report, or draft or part of a proposed report or information contained in a report or to whom a confidentiality notice is directed not to seek legal advice or representation in relation to the report or confidentiality notice from a specified Australian legal practitioner if the IBAC considers on reasonable grounds that the investigation would be prejudiced because the Australian legal practitioner is—
a witness in the examination or another examination; or
the representative of another witness in the examination or another examination; or
S. 127(8)(c) amended by No. 31/2024 s. 113(Sch. 1 item 16.31).
a person involved, or suspected of being involved, in a matter being investigated by the IBAC or Integrity Oversight Victoria; or
S. 127(8)(d) amended by No. 31/2024 s. 113(Sch. 1 item 16.31).
the representative of a person involved, or suspected of being involved, in a matter being investigated by the IBAC or Integrity Oversight Victoria.
The IBAC must advise the person bound by the direction that a direction has been made under subsection (8).
A person is bound by a direction under subsection (8) from the time when the IBAC gives the advice to that person under subsection (9).
This Act’s bill:Explanatory memorandumSecond reading speech
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