Victorian Current Acts

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Board of Inquiry

    (1)     If—

        (a)     a Department Head has been reported to the Governor in Council under section 14; and

        (b)     the Department Head does not admit in writing the truth of the charges made against him or her—

the Governor in Council may appoint a Board of Inquiry to inquire as to the truth of the charges.

    (2)     A Board of Inquiry appointed under this section consists of—

        (a)     the Attorney‑General or his or her nominee; and

        (b)     a member nominated by the Premier; and

        (c)     a member nominated by the Leader of the Opposition; and

        (d)     a member nominated by the Leader of the third party.

    (3)     The Board of Inquiry—

        (a)     must hold a hearing into the charges; and

        (b)     is bound by the rules of evidence and the rules of natural justice; and

        (c)     must report its findings to the Governor in Council.

S. 15(4) amended by No. 6/2018 s. 68(Sch.  2 item 92).

    (4)     The members of the Board of Inquiry may receive and examine evidence on oath or by affirmation.

    (5)     A Department Head is entitled to be legally represented at any hearing held by a Board of Inquiry into his or her conduct.

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