Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of arrest warrant inserted by No. 19/2012 s. 4(1).
"arrest warrant" means an arrest warrant issued under section 73(1)(b) ;
S. 3(1) def. of assessable disclosure inserted by No. 85/2012 s. 106, amended by No. 2/2019 s. 58(2)(a).
"assessable disclosure" has the same meaning as in the Public Interest Disclosures Act 2012 ;
S. 3(1) def. of audit inserted by No. 82/2012 s. 198.
audit has the meaning given in section 3(1) of the Audit Act 1994 ;
S. 3(1) def. of A uditor-General inserted by No. 82/2012 s. 198.
Auditor-General has the meaning given in section 3(1) of the Audit Act 1994 ;
S. 3(1) def. of Australian legal practitioner repealed by No. 17/2014 s. 160(Sch. 2 item 106).
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S. 3(1) def. of authorised legal representative inserted by No. 11/2021 s. 171.
"authorised legal representative" of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;
S. 3(1) def. of certificate of charge inserted by No. 19/2012 s. 4(1).
"certificate of charge" means a certificate of charge issued under section 73(1)(a);
S. 3(1) def. of Chief Commis-sioner of Police inserted by No. 82/2012 s. 26(1), amended by No. 37/2014 s. 10(Sch. item 179.1(b)).
"Chief Commissioner of Police" means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013 ;
S. 3(1) def. of Chief Examiner inserted by No. 82/2012 s. 26(1).
"Chief Examiner" means the Chief Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004 ;
S. 3(1) def. of coercive power inserted by No. 82/2012 s. 26(1), amended by Nos 16/2016 s. 177(a), 20/2017 s. 107(a), 2/2019 ss 131(1), 202, 12/2019 s. 10, 21/2020 s. 84(2).
"coercive power" means—
(a) in relation to a VAGO officer, any power of the Auditor-General or another VAGO officer under sections 30 and 43 of the Audit Act 1994 ;
(b) in relation to an Ombudsman officer—any power of the Ombudsman or a member of the Ombudsman staff under Division 3 of Part IV of the Ombudsman Act 1973 ; or
(c) in relation to the Chief Examiner or an Examiner—
(i) the power of the Chief Examiner to issue a witness summons under section 15 of the Major Crime (Investigative Powers) Act 2004 ;
(ii) the power of the Chief Examiner to make an order under section 18 of the Major Crime (Investigative Powers) Act 2004 ;
(iii) the power under section 35A of the Major Crime (Investigative Powers) Act 2004 ;
(iv) the power to require the production of documents or the giving of evidence at an examination under Part 4 of the Major Crime (Investigative Powers) Act 2004 ;
(d) in relation to an officer of the Office of the Victorian Information Commissioner, the power to issue a notice under—
(i) sections 49KB, 61I(4) and 61P(2) of the Freedom of Information Act 1982 ; or
(ii) section 68 or 79 of the Privacy and Data Protection Act 2014 ;
(da) in relation to the Judicial Commission, the power of the Judicial Commission to require the officer concerned to undergo a medical examination under section 29 of the Judicial Commission of Victoria Act 2016 ;
(e) in relation to an investigating panel—
(i) the power of an investigating panel to require the officer concerned to undergo a medical examination under section 57 of the Judicial Commission of Victoria Act 2016 ; or
(ii) the power of an investigating panel to require the production of any document or thing under section 69 of the Judicial Commission of Victoria Act 2016 ; or
(iii) the power of an investigating panel to issue a witness summons under section 70 of the Judicial Commission of Victoria Act 2016 ; or
(iv) the power of a member of an investigating panel to examine a person under oath or affirmation under section 78 of the Judicial Commission of Victoria Act 2016 ; or
(v) the power to apply for a search warrant under section 84 of the Judicial Commission of Victoria Act 2016 ;
(f) in relation to the Wage Inspectorate Victoria or a Wage Inspectorate Victoria officer, any power of the Wage Inspectorate Victoria or a Wage Inspectorate Victoria officer under Part 4 of the Wage Theft Act 2020 ;
"Commissioner" has the same meaning as it has in section 3 of the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of Commis-sioner of the Wage Inspectorate Victoria inserted by No. 21/2020 s. 84(1).
"Commissioner of the Wage Inspectorate Victoria" means the Commissioner of the Wage Inspectorate Victoria appointed under section 25(2) of the Wage Theft Act 2020 ;
S. 3(1) def. of confidentiality notice inserted by No. 19/2012 s. 4(1).
"confidentiality notice" means a notice issued by the Victorian Inspectorate under section 38(1);
"Deputy Commissioner" has the same meaning as it has in section 3 of the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of detained person inserted by No. 59/2014 s. 25, amended by Nos 2/2019 s. 131(2), 19/2019 s. 274, 39/2022 s. 881, 9/2023 ss 252, 263.
"detained person" means—
(a) a person in prison in the legal custody of the Secretary to the Department of Justice in accordance with the Corrections Act 1986 ; or
(b) a person in a police gaol in the legal custody of the Chief Commissioner of Police in accordance with the Corrections Act 1986 ; or
(c) a person in a remand centre, youth justice centre or youth residential centre in the legal custody of the Secretary to the Department of Justice and Community Safety in accordance with the Children, Youth and Families Act 2005 ; or
(d) a patient detained in a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022 ; or
(e) a person detained in a residential service, SDA dwelling or residential treatment facility under Part 8 of the Disability Act 2006 ; or
(ea) a person in accommodation approved for supervised treatment under section 187 of the Disability Act 2006 ; or
(f) a person detained at a treatment centre under a detention and treatment order made under section 20 of the Severe Substance Dependence Treatment Act 2010 ;
S. 3(1) def. of disciplinary process or action inserted by No. 19/2012 s. 4(1), amended by No. 37/2014 s. 10(Sch. item 179.1(c)).
"disciplinary process or action" means in relation to a person's employment or appointment as a public sector employee or a member of Victoria Police personnel—
(a) any process undertaken for the purposes of determining what, if any, disciplinary action is warranted in relation to a breach or possible breach of the person's terms and conditions of employment;
(b) any action taken following a process specified in paragraph (a) that is permitted under legislation or the person's terms and conditions of employment;
(c) any review process or proceeding, including an appeal process or proceeding, in relation to a process specified in paragraph (a) or an action specified in paragraph (b);
(d) any administrative or judicial process or proceeding involving a claim for any remedy in relation to a process specified in paragraph (a) or an action specified in paragraph (b);
S. 3(1) def. of domestic partner inserted by No. 19/2012 s. 4(1).
"domestic partner" of a person means—
(a) a person who is in a registered relationship with a person; or
Note
A registered relationship is defined in subsection (2).
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of Examiner inserted by No. 82/2012 s. 26(1).
"Examiner" means an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004 ;
"IBAC "has the same meaning as it has in section 3 of the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of IBAC Committee repealed by No. 2/2019 s. 197(1)(a).
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"IBAC Officer" has the same meaning as it has in section 3 of the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of IBAC personnel substituted by No. 19/2012 s. 4(2).
"IBAC personnel" means—
(a) an IBAC Officer;
(b) a person who was formerly an IBAC Officer;
S. 3(1) def. of Information Commis-sioner inserted by No. 20/2017 s. 107(b).
"Information Commissioner" means the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982 ;
"Inspector" means the person appointed under section 18 ;
S. 3(1) def. of Integrity and Oversight Committee inserted by No. 2/2019 s. 197(1)(b).
"Integrity and Oversight Committee" means the Integrity and Oversight Committee established by section 5(a) of the Parliamentary Committees Act 2003 ;
S. 3(1) def. of investigating panel inserted by No. 16/2016 s. 177(b).
"investigating panel "has the same meaning as in Part IIIAA of the Constitution Act 1975 ;
S. 3(1) def. of Judicial Commission inserted by No. 16/2016 s. 177(b).
"Judicial Commission" has the same meaning as in Part IIIAA of the Constitution Act 1975 ;
S. 3(1) def. of member of Victoria Police personnel inserted by No. 37/2014 s. 10(Sch. item 179.1(a)).
"member of Victoria Police personnel" has the same meaning as it has in the Victoria Police Act 2013 ;
S. 3(1) def. of office of the Ombudsman inserted by No. 82/2012 s. 261.
office of the Ombudsman has the meaning given in section 2(1) of the Ombudsman Act 1973 ;
S. 3(1) def. of Office of the Special Investigator inserted by No. 50/2021 s. 103, repealed by No. 31/2023 s. 18.
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S. 3(1) def. of OSI officer inserted by No. 50/2021 s. 103, repealed by No. 31/2023 s. 18.
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S. 3(1) def. of OSI personnel inserted by No. 50/2021 s. 103, repealed by No. 31/2023 s. 18.
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S. 3(1) def. of Office of the Victorian Information Commis-sioner inserted by No. 20/2017 s. 107(b).
"Office of the Victorian Information Commissioner" means the Office of the Victorian Information Commissioner established under section 6B of the Freedom of Information Act 1982 ;
S. 3(1) def. of officer of the Office of the Victorian Information Commis-sioner inserted by No. 20/2017 s. 107(b).
officer of the Office of the Victorian Information Commissioner means—
(a) the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982 ; and
(b) the Public Access Deputy Commissioner; and
(c) the Privacy and Data Protection Deputy Commissioner; and
(d) a person referred to in section 6Q of the Freedom of Information Act 1982 ;
S. 3(1) def. of Ombudsman officer inserted by No. 82/2012 s. 261.
Ombudsman officer has the meaning given in section 2(1) of the Ombudsman Act 1973 ;
S. 3(1) def. of O mbudsman premises inserted by No. 82/2012 s. 261.
Ombudsman premises has the meaning given in section 2(1) of the Ombudsman Act 1973 ;
S. 3(1) def. of Parliamentary Committee inserted by No. 2/2019 s. 182.
"Parliamentary Committee" means the Integrity and Oversight Committee established under section 5(a) of the Parliamentary Committees Act 2003 ;
S. 3(1) def. of person in charge inserted by No. 59/2014 s. 25.
"person in charge", in relation to a detained person, means the person who is in charge of the place or institution where the person is a detained person;
S. 3(1) def. of police force inserted by No. 19/2012 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 179.1(d)).
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S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 179.1(a)), amended by No. 21/2015 s. 3(Sch. 1 item 65).
"police officer" has the same meaning as it has in the Victoria Police Act 2013 ;
Note
Police officers include police reservists (see section 45(x) of the Victoria Police Act 2013 ) and special constables (see section 193(1) of that Act).
S. 3(1) def. of police personnel inserted by No. 19/2012 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 179.1(d)).
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S. 3(1) def. of police personnel misconduct inserted by No. 19/2012 s. 4(1), amended by No. 82/2012 s. 320(a).
police personnel misconduct has the meaning given by section 5 of the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of police personnel premises inserted by No. 19/2012 s. 4(1).
"police personnel premises" has the same meaning as it has in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of premises of the Chief Examiner inserted by No. 82/2012 s. 26(1).
"premises of the Chief Examiner" includes any premises of an Examiner but does not include any residential premises;
S. 3(1) def. of prescribed obligations inserted by No. 19/2012 s. 4(1), amended by No. 34/2016 s. 35.
"prescribed obligations" means—
(a) the requirement under section 3D(4) of the Major Crime (Investigative Powers) Act 2004 ;
(b) the requirement under section 12D(3) of the Surveillance Devices Act 1999 ;
(c) the requirement under section 4D(3) of the Telecommunications (Interception) (State Provisions) Act 1988 ;
(d) the requirement under section 4F(4) of the Terrorism (Community Protection) Act 2003 ;
(e) any requirement under the regulations made under the Public Interest Monitor Act 2011 relating to the transmission, disposal and storage of documents or information that a Public Interest Monitor receives in performing his or her functions;
(f) the requirement that applies to the Public Interest Monitor under section 20N of the Witness Protection Act 1991 ;
(g) any requirement under the regulations made under the Witness Protection Act 1991 relating to the transmission, disposal and storage of documents or information that the Public Interest Monitor receives in performing the functions of the Public Interest Monitor under that Act;
S. 3(1) def. of Principal Public Interest Monitor inserted by No. 2/2019 s. 58(1).
"Principal Public Interest Monitor" has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011 ;
S. 3(1) def. of Privacy and Data Protection Deputy Commis-rioner inserted by No. 20/2017 s. 107(b).
"Privacy and Data Protection Deputy Commissioner" means the Privacy and Data Protection Deputy Commissioner appointed under section 8H of the Privacy and Data Protection Act 2014 ;
S. 3(1) def. of privilege inserted by No. 19/2012 s. 4(1), amended by No. 52/2012 s. 25.
"privilege" means—
(a) any privilege that a person is entitled to claim in any proceedings before a court or tribunal, other than the privilege provided for in Division 1C of Part 3.10 of the Evidence Act 2008 ; and
(b) public interest immunity;
S. 3(1) def. of protected disclosure complaint inserted by No. 85/2012 s. 106, repealed by No. 2/2019 s. 58(3).
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S. 3(1) def. of protective services officer inserted by No. 37/2014 s. 10(Sch. item 179.1(a)).
"protective services officer" has the same meaning as it has in the Victoria Police Act 2013 ;
S. 3(1) def. of Public Access Deputy Commis-rioner inserted by No. 20/2017 s. 107(b).
"Public Access Deputy Commissioner" means the Public Access Deputy Commissioner appointed under section 6D of the Freedom of Information Act 1982 ;
S. 3(1) def. of public body inserted by No. 19/2012 s. 4(1), amended by No. 82/2012 s. 320(b).
"public body" has the meaning given by section 6 of the Independent Broad-based Anti-corruption Commission Act 2011 and includes the IBAC;
S. 3(1) def. of public interest complaint inserted by No. 2/2019 s. 58(1).
"public interest complaint" means—
(a) a disclosure that the Victorian Inspectorate has determined under section 31 of the Public Interest Disclosures Act 2012 to be a public interest complaint; or
(b) a disclosure that the IBAC has determined under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint and that is referred to the Victorian Inspectorate by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of Public Interest Monitor inserted by No. 19/2012 s. 4(1).
"Public Interest Monitor" has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011 ;
S. 3(1) def. of public sector employee inserted by No. 19/2012 s. 4(1).
"public sector employee" has the same meaning as it has in section 4(1) of the Public Administration Act 2004 ;
S. 3(1) def. of relevant principal officer inserted by No. 19/2012 s. 4(1).
"relevant principal officer" has the same meaning as it has in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011 and, in the case of the IBAC, means the Commissioner of the IBAC;
S. 3(1) def. of relevant records inserted by No. 19/2012 s. 4(1).
"relevant records" means records in the possession of a Public Interest Monitor which are relevant for the purpose of enabling the Victorian Inspectorate to monitor compliance of the Public Interest Monitor with the prescribed obligations;
S. 3(1) def. of restricted matter inserted by No. 19/2012 s. 4(1), amended by Nos 82/2012 s. 26(2), 2/2019 s. 58(2)(b).
"restricted matter" means—
(a) any evidence given to the Victorian Inspectorate;
(b) the contents of any document, or a description of any thing, produced to the Victorian Inspectorate;
(c) the contents of any document, or a description of any thing, which the Victorian Inspectorate has obtained, made a copy of or seized under section 47 or 63;
(d) the existence of, or any information about, a confidentiality notice or a witness summons;
(e) the subject matter of an investigation in relation to which a witness summons has been issued;
(f) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce any document or thing to, the Victorian Inspectorate, to be identified or located;
(g) the fact that a person has been, or is proposed to be, examined by, or who has produced, or may produce any document or thing to, the Victorian Inspectorate;
(h) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012 ;
(i) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;
S. 3(1) def. of Special Investigator inserted by No. 50/2021 s. 103, repealed by No. 31/2023 s. 18.
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S. 3(1) def. of spouse inserted by No. 19/2012 s. 4(1).
"spouse" of a person means a person to whom the person is married;
S. 3(1) def. of VAGO officer inserted by No. 82/2012 s. 198.
VAGO officer has the meaning given in section 3(1) of the Audit Act 1994 ;
S. 3(1) def. of VAGO premises inserted by No. 82/2012 s. 198.
VAGO premises has the meaning given in section 3(1) of the Audit Act 1994 ;
S. 3(1) def. of Victoria Police inserted by No. 37/2014 s. 10(Sch. item 179.1(a)).
"Victoria Police" has the same meaning as it has in the Victoria Police Act 2013 ;
S. 3(1) def. of Victoria Police employee inserted by No. 37/2014 s. 10(Sch. item 179.1(a)).
"Victoria Police employee" has the same meaning as it has in the Victoria Police Act 2013 ;
S. 3(1) def. of Victorian Auditor-General's Office inserted by No. 82/2012 s. 198.
Victorian Auditor-General's Office has the meaning given in section 3(1) of the Audit Act 1994 ;
"Victorian Inspectorate" means the Victorian Inspectorate established under section 8;
"Victorian Inspectorate Officer" means—
(a) the Inspector;
(b) a member of staff of the Victorian Inspectorate;
(c) a person engaged by the Victorian Inspectorate to provide the Inspectorate with services, information or advice.
S. 3(1) def. of Wage Inspectorate Victoria inserted by No. 21/2020 s. 84(1).
"Wage Inspectorate Victoria" has the same meaning as in the Wage Theft Act 2020 ;
S. 3(1) def. of Wage Inspectorate Victoria officer inserted by No. 21/2020 s. 84(1).
"Wage Inspectorate Victoria officer" means the following—
(a) the Commissioner of the Wage Inspectorate Victoria;
(b) an inspector appointed under section 33 of the Wage Theft Act 2020 ;
(c) a person referred to in section 23(1) of the Wage Theft Act 2020 ;
S. 3(1) def. of witness summons inserted by No. 19/2012 s. 4(1).
"witness summons" means a witness summons issued under section 53(1) ;
S. 3(2) inserted by No. 19/2012 s. 4(3).
(2) For the purposes of the definition of domestic partner in subsection (1)—
(a) registered relationship has the same meaning as it has in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 4 inserted by No. 85/2012 s. 107, substituted by No. 2/2019 s. 59.