Legal advice and representation
18M Legal advice and representation
A person may seek legal advice from, and be represented by, a legal practitioner in relation to—
an enquiry or investigation conducted by the Ombudsman under this Act; and
the person's rights, liabilities, obligations and privileges under this Act or the Public Interest Disclosures Act 2012.
Without limiting subsection (1) but subject to subsection (3), a person may seek legal advice from, and be represented by, a legal practitioner in relation to—
the issue of a witness summons directed to the person; or
a compulsory appearance or a voluntary appearance by the person; or
a proposed report, or draft or part of a proposed report, under this Act received by the person.
S. 18M(2A) inserted by No. 11/2021 s. 160.
For the purposes of this section, if a legal practitioner representing a person in accordance with this section is required to appear before the Ombudsman, that appearance may be made by means of audio visual link or audio link.
The Ombudsman may direct a person in writing not to seek legal advice or representation from a specified legal practitioner in relation to any or all of the matters referred to in subsection (2) if the Ombudsman considers on reasonable grounds that the enquiry or investigation to which the matter relates may be prejudiced because the legal practitioner is—
appearing at a compulsory appearance; or
representing another person who is appearing at a compulsory appearance; or
S. 18M(3)(ba) inserted by No. 31/2024 s. 90(1).
appearing at a voluntary appearance; or
S. 18M(3)(bb) inserted by No. 31/2024 s. 90(1).
representing another person who is appearing at a voluntary appearance; or
involved, or suspected of being involved, in a matter—
that is the subject of an enquiry or investigation by the Ombudsman under this Act; or
S. 18M(3)(c)(ii) amended by No. 31/2024 s. 113(Sch. 1 item 24.9).
that is being investigated by the IBAC or Integrity Oversight Victoria; or
representing a person involved, or suspected of being involved, in a matter—
that is the subject of an enquiry or investigation by the Ombudsman under this Act; or
S. 18M(3)(d)(ii) amended by No. 31/2024 s. 113(Sch. 1 item 24.9).
that is being investigated by the IBAC or Integrity Oversight Victoria.
A direction under subsection (3)—
may be given to a person at any time; and
takes effect at the time it is given to the person.
If the Ombudsman gives a direction to a person under subsection (3) in relation to the issue of a witness summons or a compulsory appearance, the Ombudsman must allow the person at least 3 days after the day the direction is given to obtain representation by another legal practitioner before requiring the person to comply with the witness summons or appear at the compulsory appearance.
S. 18M(5A) inserted by No. 31/2024 s. 90(2).
If the Ombudsman gives a direction to a person under subsection (3) in relation to a voluntary appearance, the Ombudsman must allow the person at least 3 days after the direction is given to obtain representation by another legal practitioner before the person appears at the voluntary appearance.
S. 18M(6) amended by No. 31/2024 s. 113(Sch. 1 item 24.9).
Within 24 hours after giving a direction under subsection (3), the Ombudsman must inform Integrity Oversight Victoria in writing of the direction and the reasons for giving it.
S. 18N inserted by No. 2/2019 s. 163.
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