Victorian Current Acts Victorian Current Acts(1) The Inspector by instrument may delegate to a member of staff employed or engaged under section 28 or a person engaged as a consultant under section 29 any duty, function or power of the Inspector under this Act (including any duty, function or power delegated to the Inspector under section 15(1)) or any other Act other than, unless subsection (2) applies, the following—
(a) this power of delegation; or
(b) the power to decide to inspect the relevant records of a Public Interest Monitor under section 13(3); or
(c) the power to issue a confidentiality notice under section 38(1); or
(d) the power to issue a notice cancelling a confidentiality notice under section 38(3), (4) or (5); or
(e) the power to apply for an order to extend a confidentiality notice under section 38(7); or
(f) the power to decide to hold an inquiry under section 49; or
(g) the power to direct a witness not to seek legal advice or representation in relation to a witness summons from a specified Australian legal practitioner under section 58(2); or
(h) the power to direct a witness not to seek legal advice or representation in relation to a proposed report or draft or part of a proposed report or information contained in a report or a confidentiality notice from a specified Australian legal practitioner under section 58(8); or
(i) the power to authorise a Victorian Inspectorate Officer to enter IBAC premises under section 63(1); or
(j) the power to authorise a Victorian Inspectorate Officer to enter VAGO premises under section 63(3); or
(k) the power to authorise a Victorian Inspectorate Officer to enter Ombudsman premises under section 63(5); or
(l) the power to authorise a Victorian Inspectorate Officer to enter premises of the Chief Examiner under section 63(7); or
S. 27(1)(la) inserted by No. 20/2017 s. 110.
(la) the power to authorise a Victorian Inspectorate Officer to enter premises of the Office of the Victorian Information Commissioner under section 63(9); or
S. 27(1)(lb) inserted by No. 21/2020 s. 87.
(lb) the power to authorise a Victorian Inspectorate Officer to enter premises of the Wage Inspectorate Victoria under section 63(11); or
S. 27(1)(lc) inserted by No. 50/2021 s. 106, repealed by No. 31/2023 s. 21.
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(m) the power to issue a certificate of charge and an arrest warrant under section 73(1); or
(n) the power to direct that a person be detained in a prison or a police gaol for the purpose of ensuring his or her appearance before the Supreme Court under section 75(1); or
(o) the duty or power to make a report under section 87 or 91; or
(p) the power to authorise the bringing of proceedings for an offence under this Act or the regulations under section 100.
(2) If the Inspector makes a declaration under section 24 in respect of any matter, the Inspector may delegate under subsection (1) to any Victorian Inspectorate Officer who would be qualified under section 18 to be appointed as the Inspector any duty, function or power of the Inspector under this Act (including any duty, function or power delegated to the Inspector under section 15(1)) or any other Act which is necessary to enable that matter to be dealt with.
(3) A delegation under this section to a former judge of the Supreme Court or the County Court or a former Chief Magistrate does not affect any pension or other rights or privileges that the person has as a former judge or Chief Magistrate.
Note
See also section 20C of Telecommunications (Interception) (State Provisions) Act 1988 which provides that the Victorian Inspectorate may delegate certain functions under that Act to an inspecting officer.