Victorian Current Acts Victorian Current Acts(1) The Victorian Inspectorate has the functions conferred on the Victorian Inspectorate under this Act or any other Act.
(2) Without limiting the generality of subsection (1), the Victorian Inspectorate has the following functions—
(a) to monitor the compliance of the IBAC and IBAC personnel with the Independent Broad-based Anti-corruption Commission Act 2011 and other laws;
S. 11(2)(b) amended by No. 2/2019 s. 60(1).
(b) to oversee the performance by the IBAC of its functions under the Public Interest Disclosures Act 2012 ;
(c) to assess the effectiveness and appropriateness of the policies and procedures of the IBAC which relate to the legality and propriety of IBAC's activities;
(d) to receive complaints in accordance with this Act about the conduct of the IBAC and IBAC personnel;
(e) to investigate and assess the conduct of the IBAC and IBAC personnel in the performance or exercise or purported performance or purported exercise of their duties, functions and powers;
(f) to monitor the interaction between the IBAC and other integrity bodies to ensure compliance with relevant laws;
S. 11(2)(g) substituted by No. 34/2016 s. 36.
(g) to inspect and audit relevant records kept by the Public Interest Monitor under—
(i) the Public Interest Monitor Act 2011 ; and
(ii) the Witness Protection Act 1991 —
for the purpose of monitoring compliance with the prescribed obligations;
(h) to report to the Minister and the Parliament on the results of the performance of its function under paragraph (g);
(i) to receive complaints in accordance with this Act about the conduct of the Chief Examiner or any Examiner;
Note
See also Part 5 of the Major Crime (Investigative Powers) Act 2004 .
(j) to investigate and assess, in accordance with this Act, the conduct of the Chief Examiner or any Examiner;
(k) to report on, and make recommendations as a result of, the performance of its duties and functions.
(3) Without limiting the generality of subsection (1), the Victorian Inspectorate has the following functions in respect of VAGO officers—
(a) to monitor—
(i) the exercise of coercive powers by VAGO officers; and
S. 11(3)(a)(ii) amended by No. 12/2019 s. 11.
(ii) compliance by VAGO officers with sections 30, 31, 32, 33, 34, 35, 36, 37, 39, 43, 44, 45, 46, 50(1) and 51 of the Audit Act 1994 ;
(b) to receive complaints in accordance with this Act about the conduct of VAGO officers;
(c) to investigate and assess, in accordance with this Act, the conduct of VAGO officers;
(d) to report on, and make recommendations as a result of, the performance of its functions under paragraphs (a) to (c).
(4) Without limiting the generality of subsection (1), the Victorian Inspectorate has the following functions in respect of Ombudsman officers—
(a) to monitor—
(i) the exercise of coercive powers by Ombudsman officers; and
(ii) compliance by Ombudsman officers with procedural fairness requirements in the performance of functions under the Ombudsman Act 1973 or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the Ombudsman Act 1973 or any other Act;
(b) to receive complaints in accordance with this Act about the conduct of Ombudsman officers;
(c) to investigate and assess in accordance with this Act the conduct of Ombudsman officers;
(d) to report on, and make recommendations as a result of, the performance of its functions under paragraphs (a) to (c).
S. 11(5) inserted by No. 20/2017 s. 109.
(5) Without limiting the generality of subsection (1), the Victorian Inspectorate has the following functions in respect of officers of the Office of the Victorian Information Commissioner—
(a) to monitor—
(i) the exercise of coercive powers by officers of the Office of the Victorian Information Commissioner; and
S. 11(5)(a)(ii) substituted by No. 2/2019 s. 132.
(ii) whether procedural fairness requirements have been complied with by officers of the Office of the Victorian Information Commissioner in—
(A) the exercise, or purported exercise, of coercive powers under the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014 ; and
(B) the conduct of investigations under Part VIB of the Freedom of Information Act 1982 ; and
(C) the making of recommendations under section 61L of the Freedom of Information Act 1982 ; and
(D) the making of investigation reports under section 61Q of the Freedom of Information Act 1982 ; and
(E) the making of compliance notices under Part 3 of the Privacy and Data Protection Act 2014 ;
S. 11(5)(a)(iii) repealed by No. 2/2019 s. 132.
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(b) to receive complaints in accordance with this Act about the conduct of officers of the Office of the Victorian Information Commissioner;
(c) to investigate and assess in accordance with this Act the conduct of officers of the Office of the Victorian Information Commissioner;
(d) to report on, and make recommendations as a result of, the performance of its functions under paragraphs (a) to (c).
S. 11(5) inserted by No. 16/2016 s. 179, renumbered as s. 11(6) by No. 2/2019 s. 204.
(6) Without limiting the generality of subsection (1), the Victorian Inspectorate has the function in respect of the Judicial Commission to monitor the use of coercive powers under the Judicial Commission of Victoria Act 2016 .
S. 11(7) inserted by No. 21/2020 s. 86.
(7) Without limiting the generality of subsection (1), the Victorian Inspectorate has the following functions in respect of the Wage Inspectorate Victoria and Wage Inspectorate Victoria officers—
(a) to monitor the exercise of coercive powers by the Wage Inspectorate Victoria and Wage Inspectorate Victoria officers;
(b) to investigate and assess, in accordance with this Act, the conduct of the Wage Inspectorate Victoria and Wage Inspectorate Victoria officers in the performance or exercise or purported performance or purported exercise of coercive powers;
(c) to report on, and make recommendations as a result of, the performance of its functions under paragraphs (a) and (b).
S. 11(8) inserted by No. 50/2021 s. 105, repealed by No. 31/2023 s. 20.
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Note to s. 11 amended by No. 2/2019 s. 60(2).
Note
See also Part 8 of the Public Interest Disclosures Act 2012 which sets out the functions of the Victorian Inspectorate under that Act.