Privacy and Data Protection Act 2014

This section applies if a person is required under this Part to attend an examination before the Information Commissioner.

The Information Commissioner must ensure that an audio or video recording of the examination is made.

Subject to subsection (4), evidence of anything said by the person during the examination is inadmissible as evidence against any person in any proceeding before a court or tribunal unless—

an audio or video recording of the examination is made; and

the audio or video recording is available to be tendered in evidence.

A court may admit evidence of anything said by the person during the examination that is otherwise inadmissible because of subsection (3) if the court is satisfied that there are exceptional circumstances that justify the admission of the evidence.

Unless the Information Commissioner considers on reasonable grounds that doing so may prejudice the dealing of a complaint under this Act, the Information Commissioner must provide the person attending the examination with a copy of—

the audio or video recording; and

any transcript created.

If the Information Commissioner determines not to provide the person with a copy of the audio or video recording and any transcript in accordance with subsection (5), the Information Commissioner must allow the person to listen to or view the recording of the person's evidence at the premises of the Information Commissioner at any reasonable time.

As soon as possible after the examination, the Information Commissioner must provide Integrity Oversight Victoria with a copy of the audio or video recording and any transcript of the examination.