Section 61ZH - Audio or video recording of examination
Extract of legislation
| 61ZH | Audio or video recording of examination | |||
| (1) | This section applies if a person is required under this Part to attend an examination before the Information Commissioner. | |||
| (2) | The Information Commissioner must ensure that an audio or video recording of the examination is made. | |||
| (3) | 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— | |||
| (a) | an audio or video recording of the examination is made; and | |||
| (b) | the audio or video recording is available to be tendered in evidence. | |||
| (4) | 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. | |||
| (5) | Unless the Information Commissioner considers on reasonable grounds that doing so may prejudice an investigation under this Act, the Information Commissioner must provide the person attending the examination with a copy of— | |||
| (a) | the audio or video recording; and | |||
| (b) | any transcript created. | |||
| (6) | 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. | |||
| (7) | As soon as possible after the examination, the Information Commissioner must provide the Victorian Inspectorate with a copy of the audio or video recording and any transcript of the examination. | |||
If a person has to attend an examination before the Office of the Victorian Information Commissioner (OVIC), OVIC must make an audio or visual recording of the examination.3
If the examination is not recorded, then the evidence provided in it may not be admissible before a court or tribunal unless there are exceptional circumstances which justify admitting the evidence.4
As soon as possible after the examination, OVIC must provide a copy of a recording and any transcript of the examination, to the Victorian Inspectorate. The Victorian Inspectorate may review a copy of an audio or video recording and any transcript of an examination given under section 61ZH to assess why and how the examination as conducted. 6Victorian Inspectorate Act 2011 (Vic), section 42A(1)./efn_note]
For more information on how the Victorian Inspectorate oversees OVIC’s use of coercive powers, see section 61ZD – Office of the Victorian Information to report to the Victorian Inspectorate on issue of notice to produce or attend.
The person attending the examination
Usually, OVIC will provide a copy of the recording, and any transcript that OVIC created, to the person who attended the examination (the person who provided evidence and answered questions under the notice to attend).9
An exception to this is if OVIC considers on reasonable grounds that doing so may prejudice an investigation under the Act.10
- Freedom of Information Act 1982 (Vic), section 61ZH(2).
- Freedom of Information Act 1982 (Vic), section 61ZH(3) and 61ZH(4).
- Freedom of Information Act 1982 (Vic), section 61ZH(2).
- Freedom of Information Act 1982 (Vic), section 61ZH(3) and 61ZH(4).
- Freedom of Information Act 1982 (Vic), section 61ZH(5).
- Freedom of Information Act 1982 (Vic), section 61ZH(5).
- Freedom of Information Act 1982 (Vic), section 61ZH(5).
- Freedom of Information Act 1982 (Vic), section 61ZH(5).
