Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Compliance with request to copy or inspect items or disclose previous convictions of witness

    (1)     Subject to subsection (2), the informant must comply with any reasonable request referred to in section 119(e)(i) or (ii) for a copy of an item but, if the informant considers that it is not reasonable to copy the item owing to its size or nature, the informant must allow the accused to inspect it on or before the committal mention hearing.

    (2)     The informant may object to the production of an item requested under section 119(e)(i) or (ii) on any ground referred to in section 45 or 114.

Note to s. 122(2) inserted by No. 42/2015 s. 18, amended by No. 47/2016 s. 37(7).


Sections 45(1)(g) provides for restricting inspection by an accused personally of evidence that is child abuse material.

    (3)     The informant may object to the disclosure of the particulars of any previous conviction of any witness requested under section 119(e)(iii) if the previous conviction is, because of its character, irrelevant to the proceeding but the informant must advise the accused of the existence of any undisclosed previous convictions.


See section 14 of the Victims' Charter Act 2006 as to victims' privacy.

    (4)     Nothing in this section—

        (a)     prevents the accused applying for the issue of a witness summons in respect of an item listed in the hand-up brief; or

        (b)     requires the informant to produce an item listed in the hand-up brief if its production is not requested under section 119(e)(i) or a witness summons is not issued in respect of it, unless the Magistrates' Court otherwise orders; or

        (c)     prevents the Magistrates' Court or the informant proceeding, or proceeding further, with the committal hearing, irrespective of any statement included by the accused in the notice under section 119(f).


At a committal mention hearing the Magistrates' Court may hear and determine any objection to disclosure of material: section 125(1)(e).

S. 123 substituted by Nos 48/2018 s. 24, 22/2020 s. 13.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback