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VICTORIAN INSPECTORATE ACT 2011
TABLE OF PROVISIONS
PART 1--PRELIMINARY[1]
1. Purpose
2. Commencement
3. Definitions
4. Public interest complaint taken to be complaint
5. Objects of Act
6. Act binds the Crown
7. Investigation of conduct occurring before the commencement of this section
PART 2--THE VICTORIAN INSPECTORATE
Division 1--Constitution and staff
8. Establishment of the Victorian Inspectorate
9. The Victorian Inspectorate is a body corporate
10. Constitution of the Victorian Inspectorate
11. Functions of the Victorian Inspectorate
12. Powers of the Victorian Inspectorate
12A. Specific powers in relation to the IBAC
13. Specific powers in relation to the Public Interest Monitors
14. Public Interest Monitor to give information and access despite other laws
15. Delegation
16. Victorian Inspectorate not subject to direction or control
17. Independence of the Inspector
18. Appointment of the Inspector
19. Veto of proposed Inspector
20. Duties, functions and powers of the Inspector
21. Terms and conditions
21A. Pension entitlements of Inspector, partner and eligible children
21B. Salary sacrifice
21C. Appropriation of Consolidated Fund
22. Vacancy and resignation
23. Suspension and removal from office
24. Declaration of inability to act
25. Acting appointment
26. Oath or affirmation of office
27. Delegation
28. Staff
29. Consultants
30. Oath or affirmation by staff and consultants
31. Obligation on persons employed or engaged under section 28 or engaged under section 29
32. Obligation to avoid actual or perceived conflicts of interest
Division 2--Disclosure by Victorian Inspectorate and Victorian Inspectorate Officers
33. Unauthorised disclosures or provision of information
34. Special provision applying in respect of function under section 11(2)(g)
35. Special provisions applying in respect of functions under section 11(2)(i) and (j) and Major Crime (Investigative Powers) Act 2004
36. Victorian Inspectorate may provide or disclose information for specified purposes
36A. Disclosure of information by the Victorian Inspectorate
37. Restrictions on compelling production or disclosure
Division 3--Confidentiality notices
38. Confidentiality notice
39. Disclosure subject to confidentiality notice
PART 3--MATTERS TO BE REPORTED TO THE VICTORIAN INSPECTORATE BY THE IBAC
40. Coercive questioning
40A. Review of notices etc. provided by the IBAC
PART 4--MATTERS TO BE REPORTED TO THEVICTORIAN INSPECTORATE BY THE AUDITOR‑GENERAL
41. Coercive questioning
41A. Review of notices etc. provided by the Auditor-General
PART 5--MATTERS TO BE REPORTED TO THEVICTORIAN INSPECTORATE BY THE OMBUDSMAN
42. Coercive questioning
42AA. Review of notices etc. provided by the Ombudsman
PART 5A--MATTERS TO BE REPORTED TO THE VICTORIAN INSPECTORATE BY THE INFORMATION COMMISSIONER
42A. Coercive questioning
PART 5B--MATTERS TO BE REPORTED TO THE VICTORIAN INSPECTORATE BY OTHER PERSONS AND BODIES
42B. Review of notices etc. provided by the Chief Examiner
42C. Review of notices etc. provided by the Information Commissioner
42D. Coercive questioning by the Wage Inspectorate Victoria
42E. Review of notices etc. provided by the Wage Inspectorate Victoria
PART 6--INVESTIGATIONS AND INQUIRIES
Division 1--Investigations
43. Complaints
43A. Form of complaint
44. Investigation of complaint
45. Advice to person who made public interest complaint
46. Own motion investigation
47. Conduct of investigation
48. Requirement to provide assistance
48A. Withdrawal of complaint
Division 1A--Preliminary inquiries
48B. The Victorian Inspectorate may conduct preliminary inquiry
48C. The Victorian Inspectorate may conduct a preliminary inquiry in relation to an own motion investigation
48D. Divisions 2 and 3 do not apply
--Divisions 2 and 3 of this Part do not apply to, or in respect of, a preliminary inquiry.
48E. Persons to provide assistance
Division 2--Inquiries
49. Power to hold inquiry
50. Conduct of inquiry
51. Examination must be held in private
52. The Victorian Inspectorate may give directions or order
53. Witness summons
54. Content and form of witness summons
55. Witness summons directed to person under 16 years
56. Service of witness summons
57. Supreme Court may order service by other means
57A. Witness already held in custody
58. Legal representation of witnesses and other persons
59. Specific provisions relating to witnesses
60. Actions to be taken before questioning of a witness or requiring production of a document or other thing
61. Witness attending examination in relation to investigation of public interest complaint to be informed of confidentiality obligations
62. Power to examine on oath or affirmation
63. Powers of entry, inspection and seizure
64. Offence for summoned witness to fail to attend examination
65. Offence for summoned witness to refuse or fail to answer question
66. Offence for summoned witness to fail to produce document or other thing
67. Offence to fail to take oath or make affirmation
67A. Act applies equally to attendance in person or by audio visual link or audio link
Division 3--Privileges and secrecy provisions applying to inquiries
68. Privileges and secrecy generally
69. Journalist privilege does not apply
70. Privilege against self-incrimination abrogated—witness summons
71. Protection of legal practitioners and witnesses
Division 4--Contempt
72. Contempt of the Victorian Inspectorate
73. Charging and arresting a person for contempt
74. Bail pending court appearance for contempt
75. Custody pending court appearance for contempt
76. Supreme Court to deal with contempt
77. Act or omission constituting both an offence and contempt
PART 7--RECOMMENDATIONS AND REPORTS
Division 1--Recommendations and action on completion of investigation
78. Recommendation to IBAC
79. Recommendation for further action in respect of IBAC personnel
80. Recommendation to the Auditor-General
81. Recommendation for further action in respect of VAGO officers
82. Recommendation to the Ombudsman
83. Recommendation for further action in respect of Ombudsman officers
84. Recommendation to the Chief Examiner
85. Recommendation for further action
85A. Recommendation to the Information Commissioner
85B. Recommendation for further action in respect of officers of the Office of the Victorian Information Commissioner
85C. Recommendation to the Judicial Commission
85D. Recommendations in relation to a Public Interest Monitor
85E. Recommendation for further action in respect of a Public Interest Monitor
85F. Recommendations in relation to the Wage Inspectorate Victoria
85G. Recommendation for further action in respect of Wage Inspectorate Victoria officers
86. Recommendations must not include information likely to identify person who makes an assessable disclosure
86A. Recommendations relating to Public Interest Monitor must not include certain information
87. Special reports
88. Advice to a complainant
89. Outcome of investigation
90. Powers of Victorian Inspectorate after investigation
Division 2--Budget, annual plan and performance audit
90A. Budget
90B. Annual plan
90C. Transmission of annual plan to Parliament
90D. Independent performance audit
90E. Report of independent performance auditor
91. Matters to be included in annual report
Division 3--Miscellaneous
92. Persons who receive reports or information prior to publication
PART 8--GENERAL
Division 1--Miscellaneous
92A. Complaints etc. by detained person
93. Immunity
94. Offence to impersonate a Victorian Inspectorate Officer
95. Offence to hinder or obstruct a Victorian Inspectorate Officer
96. Compliance with direction or requirement
97. Statement which is false or misleading
97A. Criminal liability of officers of bodies corporate—accessorial liability
97B. Maximum fine for body corporate
98. Responsible agency for the Crown
99. Proceedings against successors to public bodies
100. Power to bring proceedings
101. Validity and effect of notices, orders and other documents and deemed service
102. Exemption from Freedom of Information Act 1982
103. Regulations
104. Regulations—specific matters
106. Schedule
SCHEDULE
ENDNOTES
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