Victorian Current Acts

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

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


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback