Victorian Current Acts Victorian Current ActsSchedule
Savings and transitional provisions
1 Definitions
In this Schedule—
"commencement day" means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation;
"Director" means the Director, Police Integrity under section 7 of the PIA as in force immediately before its repeal;
"MC (SIM) Act" means the Major Crime (Special Investigations Monitor) Act 2004 ;
"OPI" means the Office of Police Integrity continued by section 5 of the PIA as in force immediately before its repeal;
"PIA" means the Police Integrity Act 2008 as in force immediately before its repeal;
"property" means any legal or equitable estate or interest (whether present or future or whether vested or contingent) in real or personal property of any description;
"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
"SIM" means the Special Investigations Monitor appointed under section 5 of the MC (SIM) Act as in force immediately before its repeal.
2 General transitional provisions
(1) Unless the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
(2) If a repealed provision of the MC (SIM) Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision—
(a) any other repealed provisions of the MC (SIM) Act necessary to give effect to that continued provision; and
(b) any regulations made under the MC (SIM) Act for the purposes of that continued provision.
(3) If a repealed provision of the PIA continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision—
(a) any other repealed provisions of the PIA necessary to give effect to that continued provision; and
(b) any regulations made under the PIA for the purposes of that continued provision.
3 SIM and office of SIM abolished
On the commencement day, the office of SIM is abolished and the SIM goes out of office.
4 Victorian Inspectorate succeeds SIM
On the commencement day—
(a) all rights, property and assets that, immediately before the commencement day, were vested in the SIM are, by force of this clause, vested in the Victorian Inspectorate;
(b) all debts, liabilities and obligations of the SIM existing immediately before that day become, by force of this clause, debts, liabilities and obligations of the Victorian Inspectorate;
(c) the Victorian Inspectorate is, by force of this clause, substituted as a party to any proceeding pending in any court or tribunal to which the SIM was a party immediately before that day;
(d) the Victorian Inspectorate is, by force of this clause, substituted as a party to any arrangement or contract entered into by or on behalf of the SIM as a party and in force immediately before that day.
5 Superseded references to SIM
A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to the SIM must be construed as a reference to the Victorian Inspectorate—
(a) so far as the reference relates to any period on or after the commencement day; and
(b) if not inconsistent with the subject matter.
6 Transfer of records, information and documents
All information, documents, reports, records and equipment in the possession or control of the SIM immediately before the commencement day, whether held under the MC (SIM) Act, any other Act or otherwise (including any information, document or other thing obtained in the course of an investigation)—
(a) are transferred to the custody of the Victorian Inspectorate on the commencement day; and
(b) are taken to be information, documents, reports, records and equipment in the possession or control of the Victorian Inspectorate on and from that commencement day.
7 Reports to the Victorian Inspectorate
Sch. cl. 7(1) amended by No. 82/2012 s. 321(a).
(1) Section 122 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to a witness summons issued by the Director under the PIA unless the Director has given a written report on the summons under section 115 of the PIA before that commencement day.
Sch. cl. 7(2) amended by No. 82/2012 s. 321(b).
(2) Section 142 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to an arrest warrant issued under section 84 of the PIA unless the Director has given a written report on the warrant under section 116 of the PIA before that commencement day.
Sch. cl. 7(3) amended by No. 82/2012 s. 321(c).
(3) Section 154 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to an arrest warrant issued by the Director under section 79 of the PIA unless the Director has given a written report on the warrant under section 116 of the PIA before that commencement day.
Sch. cl. 7(4) amended by No. 70/2013 s. 3(Sch. 1 item 59).
(4) Section 134 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to the video recording and any transcript of an examination conducted by the Director under the PIA unless the Director has given a written report on the examination and a copy video recording and any transcript of an examination to the SIM under section 117 of the PIA before that commencement day.
(5) On and from the commencement day, the IBAC must comply with a requirement of the Victorian Inspectorate under section 40 in relation to an examination conducted by the Director under the PIA before the commencement day as if that examination were an examination of a person by the IBAC unless the Director, before that commencement day, has given a written report on the examination and a copy video recording and any transcript of an examination to the SIM under section 117 of the PIA.
8 Complaints to the Victorian Inspectorate—PIA
(1) If before the commencement day the SIM had—
(a) received a complaint under section 118 of the PIA but not commenced an investigation into the complaint; or
(b) commenced but not completed an investigation into a complaint made to the SIM under section 118 of the PIA—
the Victorian Inspectorate may investigate or complete the investigation of that complaint on and after the commencement day under section 43.
(2) In an investigation referred to in subclause (1), the Victorian Inspectorate is entitled to have regard to any evidence given or document or other thing produced in relation to that investigation before the commencement day.
(3) A person referred to in section 118(1) of the PIA who, immediately before the commencement day, could have made a complaint to the SIM under section 118 of the PIA may instead, on and from the commencement day, make a complaint to the Victorian Inspectorate under section 43.
(4) A complaint referred to in subclause (1) or (3)—
(a) must be limited to a complaint about the matter set out in section 118(2) of the PIA as in force immediately before its repeal; and
(b) must be made within 90 days after the day on which the person was excused from attendance under the PIA.
(5) For the purposes of this clause—
(a) section 47 (except subsection (1)(a)) applies as if—
(i) a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause; and
(ii) a reference to IBAC's operations or the conduct of IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;
(b) section 48(1) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel under Part 6 were a reference to an investigation under this clause;
(c) Division 2 of Part 6 applies as if a reference to an inquiry in relation to the IBAC or IBAC personnel were a reference to an inquiry for the purposes of an investigation under this clause;
(d) Divisions 3 and 4 of Part 6 apply;
(e) section 78 applies as if a reference to the conduct of the IBAC or IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;
(f) section 79(3) applies as if a reference to conduct of any IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;
(g) sections 87 and 88 apply;
(h) section 89(1) (except paragraph (b)) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause;
(i) section 90 applies.
9 Complaints and investigations about administrative action taken in the OPI
(1) This clause applies to any administrative action taken in the OPI before the commencement day that could have been the subject of a complaint to the Ombudsman, or an investigation on the Ombudsman's own motion, under the Ombudsman Act 1973 before that day, whether or not such a complaint or investigation had been made or conducted.
(2) A person may make a complaint to the Victorian Inspectorate about any administrative action to which this clause applies.
(3) The Victorian Inspectorate may investigate a complaint made under subclause (2).
(4) If the Victorian Inspectorate decides to investigate a complaint made under subclause (2), the Victorian Inspectorate must notify the IBAC in writing unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.
(5) The Victorian Inspectorate may on its own motion in the course of performing its functions investigate any administrative action to which this clause applies.
(6) For the purposes of this clause—
(a) section 47 (except subsection (1)(a)) applies as if—
(i) a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause; and
(ii) a reference to IBAC's operations or the conduct of IBAC personnel were a reference to the administrative action which is the subject of the investigation;
(b) section 48(1) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel under Part 6 were a reference to an investigation under this clause;
(c) Division 2 of Part 6 applies as if a reference to an inquiry in relation to the IBAC or IBAC personnel were a reference to an inquiry for the purposes of an investigation under this clause;
(d) Divisions 3 and 4 of Part 6 apply;
(e) section 78 applies as if a reference to the conduct of the IBAC or IBAC personnel were a reference to the administrative action which is the subject of the investigation;
(f) section 79(3) applies as if a reference to conduct of any IBAC personnel were a reference to the administrative action which is the subject of the investigation;
(g) sections 87 and 88 apply;
(h) section 89(1) (except paragraph (b)) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause;
(i) section 90 applies.
10 Other powers of the Victorian Inspectorate
A written notice given by the SIM under section 124 of the PIA before the commencement day that was in force immediately before that commencement day is taken, on and from that commencement day, to be a requirement made by the Victorian Inspectorate under section 47.
11 Annual report
(1) For the purposes of the first annual report of the Victorian Inspectorate under Part 7 of the Financial Management Act 1994 , a reference in section 91(1)(b) to activities in relation to the performance of the Victorian Inspectorate's duties and functions includes a reference to activities in relation to the performance of the SIM's duties and functions under the PIA during the financial year to which that report relates.
(2) If, before the commencement day, the SIM had not prepared any report required by section 126(1) of the PIA for the financial year ending before the commencement day, the Victorian Inspectorate must prepare that report.
(3) If, before the commencement day, the SIM had prepared any report required by section 126(1) of the PIA for the financial year ending before the commencement day but that report has not been presented to each House of the Parliament under section 126 of the PIA, the Victorian Inspectorate must present that report to each House of the Parliament in accordance with the applicable requirements of section 126 of the PIA as in force immediately before its repeal.
(4) For the purposes of subclause (2) or (3)—
(a) if the report relates to a whole financial year completed before the repeal of the PIA, the Victorian Inspectorate may prepare a report referred to in those subclauses as a separate report and present the report to each House of the Parliament in accordance with section 126 of the PIA as in force immediately before its repeal; or
(b) if the report relates to a partial financial year completed before the repeal of the PIA, the Victorian Inspectorate may prepare a report referred to in those subclauses as part of its own annual report under section 91.
═══════════════