Victorian Current Acts Victorian Current Acts(1) Without derogating from the generality of section 12, the Victorian Inspectorate has the duties and powers specified in this section for the purposes of performing the functions specified in section 11(2)(g) and (h).
(2) The Victorian Inspectorate must inspect relevant records of each Public Interest Monitor at least once each financial year in order to ascertain the extent to which each of the Public Interest Monitors has complied with the prescribed obligations.
(3) The Victorian Inspectorate may, after notifying in writing a Public Interest Monitor, inspect relevant records of the Public Interest Monitor in order to ascertain the extent to which the Public Interest Monitor has complied with the prescribed obligations.
(4) For the purposes of an inspection under this section, the Victorian Inspectorate—
(a) may, after notifying in writing a Public Interest Monitor, enter at any reasonable time of which the Victorian Inspectorate has given notice, premises occupied by the Public Interest Monitor in his or her capacity as a Public Interest Monitor; and
(b) is entitled to have full and free access to all relevant records of the Public Interest Monitor; and
(c) despite any other law, is entitled to make copies of, and to take extracts from, relevant records of the Public Interest Monitor; and
(d) may require the Public Interest Monitor to give the Victorian Inspectorate any information in the possession or control of the Public Interest Monitor that the Victorian Inspectorate considers on reasonable grounds is relevant to the inspection.
(5) A Public Interest Monitor must provide to the Victorian Inspectorate any assistance in connection with the exercise of the Victorian Inspectorate's functions under section 11(2)(g) and (h) that the Victorian Inspectorate reasonably requires.
(6) The Victorian Inspectorate may require in writing a Public Interest Monitor to attend at the office of the Victorian Inspectorate at a specified date and time for the purpose of giving any document or information required by the Victorian Inspectorate which the Victorian Inspectorate considers is relevant to the exercise of the Victorian Inspectorate's functions under section 11(2)(g) or (h).
S. 13(6A) inserted by No. 11/2021 s. 173.
(6A) A requirement under subsection (6) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.
S. 13(6B) inserted by No. 11/2021 s. 173.
(6B) A requirement under subsection (6) that provides for attendance as described in subsection (6A)—
(a) need not specify a place for attendance; and
(b) may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.
(7) The Victorian Inspectorate must, as soon as practicable but not later than 3 months after conducting inspections for the purposes of subsection (2) or (3), report to the Minister on the results of the inspections.
(8) Subject to subsection (10), if, as a result of an inspection under this section of the relevant records of a Public Interest Monitor, the Victorian Inspectorate is of the opinion that the Public Interest Monitor has contravened a prescribed obligation, the Victorian Inspectorate may include in its report to the Minister under subsection (7) or (9) on the inspection, a report on the contravention.
(9) The Victorian Inspectorate may provide a report to the Minister at any time on any matter relating to the performance of its function under section 11(2)(g).
(10) A report for the purposes of subsection (7) or (9) must not contain information that—
(a) discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or
(b) indicates that a particular investigation has been, is being, or is to be, conducted.
S. 13(10A) inserted by No. 34/2016 s. 37.
(10A) A report for the purposes of subsection (7) or (9) that relates to the functions of the Public Interest Monitor under the Witness Protection Act 1991 must not include any information that would—
(a) prejudice a criminal investigation, criminal proceeding or other legal proceeding of which the Victorian Inspectorate is aware; or
(b) compromise the operational activities or methodologies of Victoria Police or of any authority or body referred to in the definition of approved authority in section 3(1) of the Witness Protection Act 1991 ; or
(c) disclose information about the identity or location, or compromise the security, of a person—
(i) who is or has been included in the Victorian witness protection program, within the meaning of the Witness Protection Act 1991 ; or
(ii) to whom alternative protection arrangements, within the meaning of the Witness Protection Act 1991 , are being or have been provided.
(11) The Victorian Inspectorate may—
(a) make a special report under section 87 on any matter relating to the performance of its function under section 11(2)(g);
(b) include in its annual report
under section 91 information relating to the performance
of its function under
section 11(2)(g) in accordance with section 91(1)(a) and (b).
(12) In this section—
"investigation" means an investigation referred to in section 19(4) of the Public Interest Monitor Act 2011 ;
"law enforcement agency" means a law enforcement agency within the meaning of section 19(5) of the Public Interest Monitor Act 2011 ;
"relevant application" has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011 .
S. 14 inserted by No. 19/2012 s. 8.