Victorian Current Acts Victorian Current Acts(1) For the purposes of conducting an investigation in relation to the IBAC or IBAC personnel, the Victorian Inspectorate—
(a) may investigate any aspect of the IBAC's operations or any conduct of IBAC personnel;
(b) has full and free access to all the records of the IBAC and may copy any record or part of any record of the IBAC;
(c) may require the IBAC or any IBAC personnel to give the Victorian Inspectorate any information in its or that person's possession which the Victorian Inspectorate considers is relevant to the investigation;
(d) may require any IBAC personnel to attend before the Victorian Inspectorate to answer questions or to produce documents or other things relating to any aspect of the IBAC's operations or the conduct of IBAC personnel.
(2) For the purposes of conducting an investigation in relation to a VAGO officer, the Victorian Inspectorate—
(a) may investigate any aspect of the operations of the Auditor-General or any conduct of a VAGO officer;
(b) has full and free access to all the records of the Auditor-General and may copy any record or part of any record of the Auditor-General;
(c) may require a VAGO officer to give the Victorian Inspectorate any information in the VAGO officer's possession which the Victorian Inspectorate considers is relevant to the investigation;
(d) may require a VAGO officer to attend before the Victorian Inspectorate to answer questions or to produce documents or other things relating to operations of the Auditor-General or the conduct of any VAGO officer.
(3) For the purposes of conducting an investigation in relation to an Ombudsman officer, the Victorian Inspectorate—
(a) may investigate any aspect of the operations of the Ombudsman or any conduct of an Ombudsman officer;
(b) has full and free access to all the records of the Ombudsman and may copy any record or part of any record of the Ombudsman;
(c) may require an Ombudsman officer to give the Victorian Inspectorate any information in the Ombudsman officer's possession which the Victorian Inspectorate considers is relevant to the investigation;
(d) may require an Ombudsman officer to attend before the Victorian Inspectorate to answer questions or to produce documents or other things relating to operations of the Ombudsman or any conduct of an Ombudsman officer.
(4) For the purposes of conducting an investigation in relation to the Chief Examiner or an Examiner, the Victorian Inspectorate—
(a) may investigate any aspect of—
(i) the Chief Examiner's conduct or the carrying out of his or her functions; or
(ii) any conduct of an Examiner or the carrying out of his or her functions;
(b) has full and free access to all the records of the Chief Examiner and any Examiner and may copy any record, or part of any record, of the Chief Examiner or an Examiner;
(c) may require the Chief Examiner or any Examiner to give the Victorian Inspectorate any information in that person's possession which the Victorian Inspectorate considers is relevant to the investigation;
(d) may require the Chief Examiner or any Examiner to attend before the Victorian Inspectorate to answer questions or to produce documents or other things relating to—
(i) the Chief Examiner's conduct or the carrying out of his or her functions; or
(ii) the conduct of an Examiner or the carrying out of his or her functions.
S. 47(4A) inserted by No. 20/2017 s. 115.
(4A) For the purposes of conducting an investigation in relation to an officer of the Office of the Victorian Information Commissioner, the Victorian Inspectorate—
(a) may investigate any aspect of—
(i) the operations of the Office of the Victorian Information Commissioner; or
(ii) any conduct of an officer of the Office of the Victorian Information Commissioner; and
(b) has full and free access to all the records of the Office of the Victorian Information Commissioner and may copy any record, or part of any record of the Office of the Victorian Information Commissioner; and
(c) may require an officer within the Office of the Victorian Information Commissioner to give the Victorian Inspectorate any information in that officer's possession which the Victorian Inspectorate considers is relevant to the investigation; and
(d) may require an officer within the Office of the Victorian Information Commissioner to attend before the Victorian Inspectorate to answer questions or to produce documents relating to—
(i) operations of the Office of the Victorian Information Commissioner; or
(ii) the conduct of any officer of the Office of the Victorian Information Commissioner.
S. 47(4B) inserted by No. 2/2019 s. 66.
(4B) For the purposes of conducting an investigation in relation to a Public Interest Monitor, the Victorian Inspectorate—
(a) may investigate any aspect of the conduct of a Public Interest Monitor or a person who assists a Public Interest Monitor; and
(b) has full and free access to all the records of the Public Interest Monitor and may copy any record, or part of any record, of the Public Interest Monitor; and
(c) may require a Public Interest Monitor or a person who assists a Public Interest Monitor to give the Victorian Inspectorate any information in that person's possession which the Victorian Inspectorate considers is relevant to the investigation; and
(d) may require a Public Interest Monitor or a person who assists a Public Interest Monitor to attend before the Victorian Inspectorate to answer questions or to produce documents or other things relating to the conduct of the Public Interest Monitor.
S. 47(4C) inserted by No. 21/2020 s. 90.
(4C) For the purposes of conducting an investigation in relation to Wage Inspectorate Victoria or a Wage Inspectorate Victoria officer, the Victorian Inspectorate—
(a) may investigate any aspect of the operations of the Wage Inspectorate Victoria or the conduct of a Wage Inspectorate Victoria officer that relate to the use of coercive powers; and
(b) has full and free access to all the records of the Wage Inspectorate Victoria and may copy any record or part of any record of the Wage Inspectorate Victoria; and
(c) may require a Wage Inspectorate Victoria officer to give the Victorian Inspectorate any information in the Wage Inspectorate Victoria officer's possession which the Victorian Inspectorate considers is relevant to the investigation; and
(d) may require a Wage Inspectorate Victoria officer to attend before the Victorian Inspectorate to answer questions or to produce documents or other things relating to operations of the Wage Inspectorate Victoria or any conduct of a Wage Inspectorate Victoria officer that relate to the use of coercive powers.
S. 47(4D) inserted by No. 50/2021 s. 111(1), repealed by No. 31/2023 s. 26(1).
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(5) The Victorian Inspectorate may commence or continue an investigation despite the fact that any proceedings are on foot, or are instituted, in any court or tribunal that relate to or are otherwise connected with the subject-matter of the investigation.
(6) If the Victorian Inspectorate is or becomes aware that proceedings referred to in subsection (5) are on foot or have been instituted, the Victorian Inspectorate must take all reasonable steps to ensure that the conduct of the investigation does not prejudice those proceedings.
(7) The Victorian Inspectorate may adjourn or suspend the conduct of an investigation if the Victorian Inspectorate considers that it is in the interests of justice to do so.
(8) If the Victorian Inspectorate considers that it is necessary to do so, the Victorian Inspectorate—
(a) may conduct an investigation in relation to the IBAC or IBAC personnel even though the IBAC is investigating a related matter; and
(b) may conduct an investigation in relation to an Ombudsman officer even though the Ombudsman is investigating a related matter; and
S. 47(8)(c) amended by No. 12/2019 s. 15.
(c) may conduct an investigation in relation to a VAGO officer even though the Auditor-General is conducting an audit or assurance review into a related matter.
(9) If the Victorian Inspectorate considers that it is necessary to do so, the Victorian Inspectorate may conduct an investigation under this Division even though the Chief Examiner or an Examiner is investigating a related matter.
S. 47(9A) inserted by No. 50/2021 s. 111(2), repealed by No. 31/2023 s. 26(1).
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S. 47(10) inserted by No. 11/2021 s. 175, amended by Nos 50/2021 s. 111(3), 31/2023 s. 26(2).
(10) A requirement under subsection (1)(d), (2)(d), (3)(d), (4)(d), (4A)(d) or (4B)(d) 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. 47(11) inserted by No. 11/2021 s. 175.
(11) A requirement referred to in subsection (10), that provides for attendance as described in that subsection—
(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.
S. 48 amended by No. 82/2012 ss 41, 208, 271.