Victorian Current Acts

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

INQUIRIES ACT 2014 - SECT 3

Definitions

In this Act—

S. 3 def. of Australian legal practitioner repealed by No. 67/2014 s. 148.

    *     *     *     *     *

"authorised officer"—see section 27;

"Board of Inquiry" means a Board of Inquiry established under section 53;

"Board of Inquiry officer" means a member or a member of staff of a Board of Inquiry;

"chairperson"—

        (a)     of a Royal Commission, means—

              (i)     if there is only one commissioner, that commissioner; or

              (ii)     if there is more than one commissioner, the commissioner specified in the letters patent establishing the Royal Commission as the commissioner who is to chair the Royal Commission;

        (b)     of a Board of Inquiry, means—

              (i)     if there is only one member, that member; or

              (ii)     if there is more than one member, the member specified in the establishing Order for the Board of Inquiry as the member who is to chair the Board of Inquiry;

        (c)     of a Formal Review, means—

              (i)     if there is only one member, that member; or

              (ii)     if there is more than one member, the member specified in the establishing instrument for the Formal Review as the member who is to chair the Formal Review;

"commissioner" means a person appointed to constitute a Royal Commission, whether solely or with other persons;

S. 3 def. of contract worker inserted by No. 14/2021 s. 27(a).

"contract worker", in relation to a business or other undertaking, means—

        (a)     a person who does work for the business or other undertaking under a contract between the person's employer and the person who conducts the business or other undertaking; or

        (b)     a person who does work for the business or other undertaking for fee or reward on the person's own account (other than a person who conducts the business or other undertaking);

"Court Services Victoria" has the same meaning as in the Court Services Victoria Act 2014 ;

"Crown Prosecutor "means the Chief Crown Prosecutor, a Senior Crown Prosecutor, a Crown Prosecutor or an Associate Crown Prosecutor appointed under the Public Prosecutions Act 1994 ;

S. 3 def. of detrimental action inserted by No. 14/2021 s. 27(a).

"detrimental action", in relation to an employee, includes dismissal;

"Electoral Commissioner" has the same meaning as in the Electoral Act 2002 ;

"establishing instrument", in relation to a Formal Review, means the instrument under section 93 establishing the Formal Review;

"establishing Order", in relation to a Board of Inquiry, means the Order in Council under section 53 establishing the Board of Inquiry;

"Formal Review" means a Formal Review established under section 93 ;

"Formal Review officer" means a member or a member of staff of a Formal Review;

"function" includes power and duty;

"IBAC" has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011 ;

S. 3 def. of judicial officer substituted by No. 10/2015 s. 12(a).

"judicial officer" means any of the following—

        (a)     a Judge of the Supreme Court;

        (b)     a reserve Judge of the Supreme Court;

        (c)     an Associate Judge of the Supreme Court;

        (d)     a reserve Associate Judge of the Supreme Court;

        (e)     a Judge or reserve Judge of the Supreme Court who is appointed or assigned to VCAT;

        (f)     a judge of the County Court;

        (g)     a reserve judge of the County Court;

        (h)     an associate judge of the County Court;

              (i)     a reserve associate judge of the County Court;

        (j)     a person referred to in paragraph (f) or (g) who is appointed or assigned to VCAT;

        (k)     a magistrate;

        (l)     a reserve magistrate;

        (m)     a magistrate or reserve magistrate who is appointed or assigned to the Children's Court, the Coroners Court or VCAT;

        (n)     a reserve coroner;

        (o)     a person appointed under section 94 of the Coroners Act 2008 ;

        (p)     a judicial registrar of the Supreme Court, the County Court, the Magistrates' Court, the Children's Court or the Coroners Court;

S. 3 def. of member amended by No. 10/2015 s. 12(b).

"member"—

        (a)     of a Board of Inquiry, means a person appointed by the establishing Order for the Board of Inquiry;

        (b)     of a Formal Review, means a person appointed by the establishing instrument for the Formal Review;

        (c)     of VCAT, has the same meaning as "member" has, in relation to the Tribunal, in section 3 of the Victorian Civil and Administrative Tribunal Act 1998 ;

"member of staff"—

        (a)     of a Royal Commission, means any staff, consultant or Australian legal practitioner referred to in section 9;

        (b)     of a Board of Inquiry, means any staff, consultant or Australian legal practitioner referred to in section 56;

        (c)     of a Formal Review, means any staff or consultant referred to in section 96;

S. 3 def. of non-judicial member of VCAT substituted by No. 10/2015 s. 12(c).

"non-judicial member of VCAT" means a member of VCAT who is not a judicial officer;

"notice to attend"—

        (a)     in relation to a Royal Commission, means a notice served under section 17(1)(b), (c) or (d);

        (b)     in relation to a Board of Inquiry, means a notice served under section 64(1)(b) , (c) or (d);

"notice to produce"—

        (a)     in relation to a Royal Commission, means a notice served under section 17(1)(a);

        (b)     in relation to a Board of Inquiry, means a notice served under section 64(1)(a) ;

"perform" a function includes exercise a power;

"police gaol" has the same meaning as in the Corrections Act 1986 ;

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

"prison" has the same meaning as in the Corrections Act 1986 ;

"publish" means disseminate or provide access to the public or a section of the public by any means, including by—

        (a)     publication in a book, newspaper, magazine or other written publication; or

        (b)     broadcast by radio or television; or

        (c)     public exhibition; or

        (d)     broadcast or electronic communication—

and "publication" must be construed accordingly;

"Royal Commission" means a Royal Commission established under section 5, including a Royal Commission referred to in section 55 or 95;

"Royal Commission officer" means a commissioner or a member of staff of a Royal Commission;

"Victorian court "means any of the following—

        (a)     the Supreme Court;

        (b)     the County Court;

        (c)     the Magistrates' Court;

        (d)     the Children's Court;

        (e)     the Coroners Court;

S. 3 def. of Victorian Inspectorate amended by No. 14/2021 s. 27(b).

"Victorian Inspectorate" has the same meaning as in the Victorian Inspectorate Act 2011 ;

S. 3 def. of worker inserted by No. 14/2021 s. 27(a).

"worker", in relation to a business or other undertaking, means

        (a)     an employee of the person who conducts the business or other undertaking; or

        (b)     a contract worker of the business or other undertaking.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback