Victorian Numbered Acts

FREEDOM OF INFORMATION AND VICTORIAN INSPECTORATE ACTS AMENDMENT ACT 2014 (NO. 59 OF 2014) - SECT 28

After section 57 of the Victorian Inspectorate Act 2011 insert —

        " 57A     Witness already held in custody

    (1)     If a witness summons is issued to a person who is in a prison or a police gaol, the Victorian Inspectorate may give a written direction that the person be delivered into the custody of a police officer for the purpose of bringing the person before the Victorian Inspectorate as required by the witness summons.

    (2)     A direction under subsection (1)—

        (a)     must be in the prescribed form; and

        (b)     must include a statement that, if the person who is the subject of the direction is under the age of 16 years at the date the direction is given, the direction is of no effect and the person is not required to attend the Victorian Inspectorate.

    (3)     While a person who is the subject of a direction under subsection (1) is absent from a prison or a police gaol, the person is deemed to be in the legal custody of the police officer.

    (4)     The person is to be detained in the legal custody of the police officer until the person is excused by the Victorian Inspectorate from attendance.

    (5)     When the person is excused by the Victorian Inspectorate from attendance, the police officer must return the person to the prison or the police gaol from which the person was removed.".