Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

464E Persons under 18 years

(1)If a person in custody is under the age of 18 years, an investigating official must not, subject to subsection (2), question or carry out an investigation under section 464A(2) unless—

S. 464E(1) amended by No. 72/2004 s. 27(2).

(a)a parent or guardian of the person in custody or, if a parent or guardian is not available, an independent person is present; and

(b)before the commencement of any questioning or investigation, the investigating official has allowed the person in custody to communicate with his or her parent or guardian or the independent person in circumstances in which as far as practicable the communication will not be overheard.

(2)Subsection (1) does not apply if the investigating official believes on reasonable grounds that—

(a)the communication necessary to give effect to subsection (1)(a) would result in the escape of an accomplice or the fabrication or destruction of evidence; or

(b)the questioning or investigation is so urgent, having regard to the safety of other people, that it should not be delayed.

(3)This section also applies to any questioning or investigation in accordance with an order made under section 464B(5).

(4)This section does not apply to questioning or investigation in connection with an offence under section 49(1) of the Road Safety Act 1986.