Inquiries Act 2014 (Vic)

Version No. 008

Inquiries Act 2014

No. 67 of 2014

Version incorporating amendments as at

26 February 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose and overview

2Commencement

3Definitions

4Act binds the Crown

Part 2—Royal Commissions

Division 1—Establishment of Royal Commissions

5Establishment of Royal Commission by letters patent

6Publication of letters patent

7Concurrent Royal Commissions

8Relationship with the Royal prerogative

Division 2—Arrangements to facilitate Royal Commissions

9Staffing and services

10Certain public sector values do not apply to Royal Commission staff

11Expenses and financial obligations of Royal Commission

Division 3—Conduct of inquiries by Royal Commissions

12Manner of inquiry of Royal Commission

13Commissioners may act separately

14Evidence

15Participation in Royal Commission inquiries

16Practice directions, statements and notes

Division 4—Powers of Royal Commissions for production of documents and other things and obtaining evidence

17Power to compel production of documents and other things or attendance of witness

18Variation or revocation of notice to produce or notice to attend

19Service of notice to produce or notice to attend

20Witness already in custody

21Power to take evidence on oath or affirmation

22Powers in relation to documents and other things

23Failure to comply with notice or requirement

Division 5—Control of proceedings and publication of information and evidence

24Access to Royal Commission proceedings

25Power to expel persons who disrupt proceedings

26Restriction on publication of information relating to Royal Commission inquiries

Division 6—Entry, search and seizure powers of Royal Commissions

27Authorised officers

28Search warrant

29Procedure for executing search warrant

30Copies or receipts to be given for documents or other things

31Return of documents and other things

Division 7—Application of privileges and statutory secrecy to Royal Commissions

32Legal professional privilege does not apply

33Privilege against self-incrimination does not apply

34Statutory secrecy and confidentiality provisions

Division 8—Reports of Royal Commissions

35Report of Royal Commission

36Adverse findings

37Tabling of Royal Commission report

Division 9—Protection from legal liability

38Compellability of commissioners

39Protection of participants

Division 10—Royal Commissions and courts

40Admissibility of answers, information, documents and other things

41Referral of questions of law to Supreme Court

Division 11—Assistance for witnesses

42Costs of attending Royal Commission

Division 12—Confidentiality, sharing and use of information

43Confidentiality for Royal Commission officers

44Disclosure or provision of information by commissioners or authorised persons

45Taking advantage of information

Division 13—Offences

46Offence to fail to comply with a notice to produce or attend

47Offence to fail to take oath, make affirmation or answer question

48Offence to contravene exclusion or restriction orders

49Offence to hinder, obstruct or cause serious disruption to proceeding

50Offence to make false or misleading statements or produce false or misleading documents or other things

51Offence of taking detrimental action against workers

52Offence of taking detrimental action against commissioners

Division 14—Yoorrook Justice Commission record orders

52ADefinitions

52BYoorrook Justice Commission may make record closure order

52CYoorrook Justice Commission may make record restriction order

52DYoorrook Justice Commission record order not to be made over certain records

52EAuthor of record

52FAdditional access instructions

52GTransfer not prevented by Yoorrook Justice Commission record order

52HSecretary must comply with Yoorrook Justice Commission record order

52IRecords subject to a Yoorrook Justice Commission record order only accessible for certain purposes

Part 3—Boards of Inquiry

Division 1—Establishment of Boards of Inquiry

53Establishment of Board of Inquiry by Order in Council

54Concurrent Boards of Inquiry

55Conversion of Board of Inquiry into a Royal Commission

Division 2—Arrangements to facilitate Boards of Inquiry

56Staffing and services

57Certain public sector values do not apply to Board of Inquiry staff

58Expenses and financial obligations of Board of Inquiry

Division 3—Conduct of inquiries by Boards of Inquiry

59Manner of inquiry of Board of Inquiry

60Members may act separately

61Evidence

62Participation in Board of Inquiry inquiries

63Practice directions, statements and notes

Division 4—Powers of Boards of Inquiry for production of documents and other things and obtaining evidence

64Power to compel production of documents and other things or attendance of witness

65Variation or revocation of notice to produce or notice to attend

66Service of notice to produce or notice to attend

67Witness already in custody

68Power to take evidence on oath or affirmation

69Powers in relation to documents and other things

70Failure to comply with notice or requirement

Division 5—Control of proceedings and publication of information and evidence

71Access to Board of Inquiry proceedings

72Power to expel persons who disrupt proceedings

73Restriction on publication of information relating to Board of Inquiry inquiries

Division 6—Application of statutory secrecy to Boards of Inquiry

74Statutory secrecy and confidentiality provisions

Division 7—Reports of Boards of Inquiry

75Report of Board of Inquiry

76Adverse findings

77Tabling of Board of Inquiry report

Division 8—Protection from legal liability

78Compellability of members

79Protection of participants

Division 9—Boards of Inquiry and courts

80Admissibility of answers, information, documents and other things

81Referral of questions of law to Supreme Court

Division 10—Assistance for witnesses

82Costs of attending Board of Inquiry

Division 11—Confidentiality, sharing and use of information

83Confidentiality for Board of Inquiry officers

84Disclosure or provision of information by members or authorised persons

85Taking advantage of information

Division 12—Offences

86Offence to fail to comply with a notice to produce or attend

87Offence to fail to take oath, make affirmation or answer question

88Offence to contravene exclusion or restriction orders

89Offence to hinder, obstruct or cause serious disruption to proceeding

90Offence to make false or misleading statements or produce false or misleading documents or other things

91Offence of taking detrimental action against workers

92Offence of taking detrimental action against members

Part 4—Formal Reviews

Division 1—Establishment of Formal Reviews

93Establishment of Formal Review by instrument

94Conversion of Formal Review into a Board of Inquiry

95Conversion of Formal Review into a Royal Commission

Division 2—Arrangements to facilitate Formal Reviews

96Staffing and services

97Certain public sector values do not apply to Formal Review staff

98Expenses and financial obligations of Formal Review

Division 3—Conduct of Formal Review inquiries

99Manner of inquiry of Formal Review

100Members may act separately

101Evidence

102Participation in Formal Review inquiries

103Practice directions, statements and notes

Division 4—Control of proceedings and publication of information and evidence

104Access to Formal Review proceedings

105Power to expel persons who disrupt proceedings

106Restriction on publication of information relating to Formal Review inquiries

Division 5—Reports of Formal Reviews

107Report of Formal Review

108Adverse findings

109Tabling of Formal Review report

Division 6—Protection from legal liability

110Compellability of members

111Protection of participants

Division 7—Formal Reviews and courts

112Admissibility of answers, information, documents and other things

113Referral of questions of law to Supreme Court

Division 8—Assistance for witnesses

114Costs of attending Formal Review

Division 9—Confidentiality, sharing and use of information

115Confidentiality for Formal Review officers

116Disclosure or provision of information by members or authorised persons

117Taking advantage of information

Division 10—Offences

118Offence to contravene exclusion or restriction orders

119Offence to hinder, obstruct or cause serious disruption to proceeding

120Offence to make false or misleading statements or produce false or misleading documents or other things

121Offence of taking detrimental action against workers

122Offence of taking detrimental action against members

Part 5—General

Division 1—General provisions for inquiries

123Powers of Royal Commissions and Boards of Inquiry

124Transfer of records

125Exemptions from Freedom of Information Act 1982

126Continuity of inquiries

Division 2—Ancillary provisions for offences

127Definitions

128Criminal liability of officers of bodies corporate—accessorial liability

129Offences by bodies corporate

130Maximum fine for bodies corporate

131Responsible agency for the Crown

132Proceedings against successors to public bodies

Division 3—Regulations

133Regulations

Part 7—Transitional

150Inquiries by commissions and boards under Part IVA of the Constitution Act 1975

Schedules

Schedule 1—Offences to which accessorial liability attaches

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 008

Inquiries Act 2014

No. 67 of 2014

Version incorporating amendments as at

26 February 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purpose and overview

(1)The main purpose of this Act is to provide for the establishment and conduct of inquiries in Victoria.

(2)In overview, this Act provides for—

(a)the establishment and conduct of the following types of inquiry—

(i)Royal Commissions;

(ii)Boards of Inquiry;

(iii)Formal Reviews; and

(b)powers for each type of inquiry; and

(c)matters relating to privilege, secrecy and protection from liability in relation to inquiries; and

(d)offences in relation to inquiries.

(3)However, this Act does not apply to or affect inquiries established otherwise than under this Act.

Note

See sections 8 and 53(3).

2Commencement

(1)Subject to subsection (3), this Act, other than section 148, comes into operation on a day or days to be proclaimed.

(2)Section 148 comes into operation on the later of—

(a)the day on which section 3 comes into operation; and

(b)the day on which section 158 of the Legal Profession Uniform Law Application Act 2014 comes into operation.

(3)If a provision of this Act, other than section 148, does not come into operation before 1 August 2015, it comes into operation on that day.

3Definitions

In this Act—

*                *                *                *                *

authorised officer—see section 27;

Board of Inquiry means a Board of Inquiry established under section 53;

Board of Inquiry officer means a member or a member of staff of a Board of Inquiry;

chairperson—

(a)of a Royal Commission, means—

(i)if there is only one commissioner, that commissioner; or

(ii)if there is more than one commissioner, the commissioner specified in the letters patent establishing the Royal Commission as the commissioner who is to chair the Royal Commission;

(b)of a Board of Inquiry, means—

(i)if there is only one member, that member; or

(ii)if there is more than one member, the member specified in the establishing Order for the Board of Inquiry as the member who is to chair the Board of Inquiry;

(c)of a Formal Review, means—

(i)if there is only one member, that member; or

(ii)if there is more than one member, the member specified in the establishing instrument for the Formal Review as the member who is to chair the Formal Review;

commissioner means a person appointed to constitute a Royal Commission, whether solely or with other persons;

contract worker, in relation to a business or other undertaking, means—

(a)a person who does work for the business or other undertaking under a contract between the person's employer and the person who conducts the business or other undertaking; or

(b)a person who does work for the business or other undertaking for fee or reward on the person's own account (other than a person who conducts the business or other undertaking);

Court Services Victoria has the same meaning as in the Court Services Victoria Act 2014;

Crown Prosecutor means the Chief Crown Prosecutor, a Senior Crown Prosecutor, a Crown Prosecutor or an Associate Crown Prosecutor appointed under the Public Prosecutions Act 1994;

detrimental action, in relation to an employee, includes dismissal;

Electoral Commissioner has the same meaning as in the Electoral Act 2002;

establishing instrument, in relation to a Formal Review, means the instrument under section 93 establishing the Formal Review;

establishing Order, in relation to a Board of Inquiry, means the Order in Council under section 53 establishing the Board of Inquiry;

Formal Review means a Formal Review established under section 93;

Formal Review officer means a member or a member of staff of a Formal Review;

function includes power and duty;

IBAC has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

judicial officer means any of the following—

(a)a Judge of the Supreme Court;

(b)a reserve Judge of the Supreme Court;

(c)an Associate Judge of the Supreme Court;

(d)a reserve Associate Judge of the Supreme Court;

(e)a Judge or reserve Judge of the Supreme Court who is appointed or assigned to VCAT;

(f)a judge of the County Court;

(g)a reserve judge of the County Court;

(h)an associate judge of the County Court;

(i)a reserve associate judge of the County Court;

(j)a person referred to in paragraph (f) or (g) who is appointed or assigned to VCAT;

(k)a magistrate;

(l)a reserve magistrate;

(m)a magistrate or reserve magistrate who is appointed or assigned to the Children's Court, the Coroners Court or VCAT;

(n)a reserve coroner;

(o)a person appointed under section 94 of the Coroners Act 2008;

(p)a judicial registrar of the Supreme Court, the County Court, the Magistrates' Court, the Children's Court or the Coroners Court;

Keeper of Public Records means the Keeper of the Public Records referred to in section 6 of the Public Records Act 1973;

member—

(a)of a Board of Inquiry, means a person appointed by the establishing Order for the Board of Inquiry;

(b)of a Formal Review, means a person appointed by the establishing instrument for the Formal Review;

(c)of VCAT, has the same meaning as member has, in relation to the Tribunal, in section 3 of the Victorian Civil and Administrative Tribunal Act 1998;

member of staff—

(a)of a Royal Commission, means any staff, consultant or Australian legal practitioner referred to in section 9;

(b)of a Board of Inquiry, means any staff, consultant or Australian legal practitioner referred to in section 56;

(c)of a Formal Review, means any staff or consultant referred to in section 96;

non-judicial member of VCAT means a member of VCAT who is not a judicial officer;

notice to attend—

(a)in relation to a Royal Commission, means a notice served under section 17(1)(b), (c) or (d);

(b)in relation to a Board of Inquiry, means a notice served under section 64(1)(b), (c) or (d);

notice to produce—

(a)in relation to a Royal Commission, means a notice served under section 17(1)(a);

(b)in relation to a Board of Inquiry, means a notice served under section 64(1)(a);

perform a function includes exercise a power;

police gaol has the same meaning as in the Corrections Act 1986;

police officer has the same meaning as in the Victoria Police Act 2013;

prison has the same meaning as in the Corrections Act 1986;

Public Record Office means the Public Record Office established under section 3 of the Public Records Act 1973;

publish means disseminate or provide access to the public or a section of the public by any means, including by—

(a)publication in a book, newspaper, magazine or other written publication; or

(b)broadcast by radio or television; or

(c)public exhibition; or

(d)broadcast or electronic communication—

and publication must be construed accordingly;

record has the same meaning as in section 2(1) of the Public Records Act 1973;

Royal Commission means a Royal Commission established under section 5, including a Royal Commission referred to in section 55 or 95;

Royal Commission officer means a commissioner or a member of staff of a Royal Commission;

Secretary means the Secretary to the Department of Premier and Cabinet;

Victorian court means any of the following—

(a)the Supreme Court;

(b)the County Court;

(c)the Magistrates' Court;

(d)the Children's Court;

(e)the Coroners Court;

*                *                *                *                *

worker, in relation to a business or other undertaking, means—

(a)an employee of the person who conducts the business or other undertaking; or

(b)a contract worker of the business or other undertaking;

Yoorrook Justice Commission means the Inquiry conducted by the Commissioners appointed under section 5 by the Letters Patent dated 12 May 2021, a copy of which was published in the Government Gazette on 14 May 2021, and the following amendments to the Letters Patent—

(a)the amendment dated 25 October 2022, a copy of which was published in the Government Gazette on that date;

(b)the amendment dated 21 February 2023, a copy of which was published in the Government Gazette on 22 February 2023;

(c)the amendment dated 4 April 2023, a copy of which was published in the Government Gazette on that date;

(d)the amendment dated 8 November 2023, a copy of which was published in the Government Gazette on that date;

(e)the amendment dated 30 January 2024, a copy of which was published in the Government Gazette on 31 January 2024;

Yoorrook Justice Commission record closure order means an order made under section 52B;

Yoorrook Justice Commission record order means—

(a)a Yoorrook Justice Commission record closure order; or

(b)a Yoorrook Justice Commission record restriction order;

Yoorrook Justice Commission record restriction order means an order made under section 52C(1).

4Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

Note

See also sections 8 and 131.

PART 2—ROYAL COMMISSIONS

Division 1—Establishment of Royal Commissions

5Establishment of Royal Commission by letters patent

(1)The Governor, with the advice of the Premier, may issue a commission by letters patent under the Public Seal of the State appointing one or more natural persons to constitute a Royal Commission to inquire into and report on the terms of reference specified in the letters patent.

(2)Letters patent issued under this section—

(a)must specify the following—

(i)the person or persons appointed to constitute the Royal Commission;

(ii)if more than one person is appointed, the person who is to chair the Royal Commission;

(iii)the terms of reference of the Royal Commission; and

(b)may specify any or all of the following—

(i)a time by which the Royal Commission is to report on its inquiry;

(ii)whether the commissioners may perform functions conferred on them under the law of the Commonwealth, another State or a Territory;

(iii)whether the Royal Commission is authorised to incur expenses and financial obligations to be met from the Consolidated Fund and, if so, the maximum amount of those expenses and obligations;

(iv)the manner in which the inquiry of the Royal Commission is to be conducted;

(v)if there is more than one commissioner, which (if any) of the functions of the Royal Commission must be performed by the commissioners jointly and which (if any) may be performed by one or more commissioners separately;

(vi)any other matter the Governor considers appropriate.

Note

See section 123 for restrictions on the scope and powers of a Royal Commission in relation to certain entities.

6Publication of letters patent

The Premier must cause the letters patent establishing a Royal Commission, and any variation of them, to be published in the Government Gazette as soon as practicable after they are issued or varied.

7Concurrent Royal Commissions

If provided for in the letters patent establishing a Royal Commission, a commissioner may perform any functions that are conferred on the commissioner under the law of the Commonwealth, another State or a Territory in conjunction with the performance of the commissioner's functions under this Act.

8Relationship with the Royal prerogative

Nothing in this Act affects the prerogative of the Crown to issue a commission for an inquiry other than under this Act.

Division 2—Arrangements to facilitate Royal Commissions

9Staffing and services

(1)There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary for a Royal Commission to perform its functions.

Note

See also section 18 of the Public Administration Act 2004, which provides for delegation powers of a public service body Head under that Act. That section would permit employment functions under that Act to be delegated to the chairperson of a Royal Commission.

(2)The chairperson of a Royal Commission may—

(a)enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body; and

(b)engage persons with suitable qualifications and experience as consultants; and

(c)engage one or more Australian legal practitioners to assist the Royal Commission as counsel; and

(d)enter into agreements or arrangements for the provision of any other services to the Royal Commission.

(3)The engagement of an Australian legal practitioner under subsection (2)(c) may only be made with the approval of the Premier.

(4)The employment or engagement of members of staff of a Royal Commission may be on any terms and conditions the chairperson considers appropriate and all members of staff are subject to the direction of the chairperson.

(5)The chairperson of a Royal Commission may, by instrument, delegate to another Royal Commission officer a function under this section, other than this power of delegation.

Note

Section 18(2) of the Public Administration Act 2004 provides for subdelegation of powers delegated under that section.

10Certain public sector values do not apply to Royal Commission staff

If the public sector values referred to in section 7(1)(a)(i) and (c)(iii) of the Public Administration Act 2004 would, but for this section, apply to a member of staff of a Royal Commission, those public sector values do not apply to the member of staff in respect of their employment or engagement with the Royal Commission.

Note

Section 7(1)(a)(i) and (c)(iii) of the Public Administration Act 2004 deal with providing advice to the Government and implementing Government policies and programs.

11Expenses and financial obligations of Royal Commission

(1)Expenses and financial obligations may be incurred by a Royal Commission to be met from the Consolidated Fund only—

(a)if authorised by the letters patent establishing the Royal Commission; and

(b)to the extent of the maximum amount specified in the letters patent.

(2)The Consolidated Fund is appropriated to the extent necessary to allow expenses and financial obligations to be incurred and met as authorised by subsection (1).

(3)To avoid doubt, subsection (1) does not prevent—

(a)the entering into of agreements or arrangements, or the engagement of persons, under section 9 at no cost to the Royal Commission; or

(b)the incurring of expenses and financial obligations to be met from sources other than the Consolidated Fund.

Division 3—Conduct of inquiries by Royal Commissions

12Manner of inquiry of Royal Commission

A Royal Commission may conduct its inquiry in any manner that it considers appropriate, subject to—

(a)the requirements of procedural fairness; and

(b)the letters patent establishing the Royal Commission; and

(c)this Act, the regulations and any other Act.

13Commissioners may act separately

(1)This section applies if a Royal Commission is constituted by more than one commissioner.

(2)Subject to this Act and the letters patent establishing the Royal Commission, the chairperson of the Royal Commission may determine from time to time that any of the functions of the Royal Commission may be performed by one or more commissioners separately.

Example

Subject to the letters patent, the chairperson could determine that the individual commissioners hold concurrent hearings.

14Evidence

A Royal Commission is not bound by the rules of evidence or any practices or procedures applicable to courts of record and may inform itself on any matter as it sees fit.

15Participation in Royal Commission inquiries

(1)A Royal Commission may allow, to the extent and in the manner determined by the Royal Commission—

(a)any person to appear or otherwise participate in an inquiry; and

(b)any person to be legally represented in an inquiry.

(2)In allowing a person to appear or participate in an inquiry, or to be legally represented, the Royal Commission may have regard to the following factors—

(a)whether the person has any direct or special interest in the subject matter of the inquiry;

(b)the likelihood that the Royal Commission may make an adverse finding against the person;

(c)the ability of the person to assist the Royal Commission in the inquiry;

(d)the age of the person;

(e)any other matter the Royal Commission considers relevant.

16Practice directions, statements and notes

(1)A Royal Commission may from time to time issue practice directions, statements or notes in relation to its inquiry.

(2)Practice directions, statements or notes issued under subsection (1) must not be inconsistent with the letters patent, this or any other Act or any regulations made under this or any other Act.

(3)Practice directions, statements or notes issued under subsection (1) are not legislative instruments within the meaning of the Subordinate Legislation Act 1994.

Division 4—Powers of Royal Commissions for production of documents and other things and obtaining evidence

17Power to compel production of documents and other things or attendance of witness

(1)For the purposes of its inquiry, a Royal Commission may serve written notice on a person requiring the person to—

(a)produce a specified document or other thing to the Royal Commission or a Royal Commission officer before a specified time and in the specified manner; or

(b)attend the Royal Commission at a specified time and place to produce a specified document or other thing; or

(c)attend the Royal Commission at a specified time and place, and from then on from day to day until excused, to give evidence; or

(d)attend the Royal Commission at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing.

(2)A notice to produce or notice to attend in relation to a Royal Commission—

(a)must be in the prescribed form (if any); and

(b)must contain the following information—

(i)a statement outlining the provisions of sections 23 and 46;

(ii)examples of what may constitute a reasonable excuse for failing to comply with the notice;

(iii)how the person may object to the notice;

(iv)any other prescribed information; and

(c)must be served in accordance with section 19.

(3)Subsection (2)(a) does not apply to a notice to produce or notice to attend for the purposes of an inquiry of a Royal Commission that is being conducted concurrently under this Act and under the law of the Commonwealth, another State or a Territory.

18Variation or revocation of notice to produce or notice to attend

(1)A person on whom a notice to produce or notice to attend in relation to a Royal Commission is served may make a claim to the Royal Commission—

(a)that the person has or will have a reasonable excuse for failing to comply with the notice; or

(b)in the case of a notice to produce, or a notice to attend under section 17(1)(b) or (d), that a document or other thing specified in the notice is not relevant to the subject matter of the inquiry.

(2)Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to a Royal Commission if the information—

(a)in the case of a natural person, might tend to incriminate the person or make the person liable to a penalty in relation to—

(i)proceedings for an offence with which the person has been charged that have not finally been disposed of; or

(ii)proceedings for the imposition or recovery of a penalty that have been commenced against the person but not finally disposed of; or

(b)is the subject of parliamentary privilege; or

(c)is the subject of public interest immunity; or

(d)is prohibited from disclosure by a court order; or

(e)is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to a Royal Commission; or

(f)is prohibited from disclosure by a provision of another enactment that is prescribed by the regulations for the purposes of section 34.

(3)If the Royal Commission is satisfied that the person's claim is made out, the Royal Commission, by further written notice served on the person, may vary or revoke the notice.

(4)A Royal Commission, by further written notice served on a person, may at any time on its own initiative vary or revoke a notice to produce or notice to attend served on the person.

(5)A notice varying or revoking a notice to produce or notice to attend must be served in accordance with section 19.

19Service of notice to produce or notice to attend

(1)Subject to subsection (2), a notice to produce or notice to attend, or a notice varying or revoking a notice to produce or notice to attend, must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the notice.

(2)A Royal Commission may serve a notice to attend requiring immediate attendance by a person if—

(a)the Royal Commission considers on reasonable grounds that a delay in the person's attendance is likely to result in—

(i)evidence being lost or destroyed; or

(ii)the commission of an offence; or

(iii)the escape of the person on whom the notice is served; or

(iv)serious prejudice to the conduct of the inquiry to which the notice relates; or

(b)the person on whom the notice is served consents to immediate attendance.

(3)A notice to produce or notice to attend directed to a natural person must be served by serving a copy of the notice on the person personally.

(4)A notice to produce or notice to attend directed to a body corporate must be served by leaving a copy of the notice at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age.

(5)Subsection (4) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.

20Witness already in custody

(1)If a notice to attend a Royal Commission is issued to a person who is in a prison or a police gaol, the Royal Commission may give a written direction that the person be brought before the Royal Commission as required by the notice to attend.

(2)A direction under subsection (1) must be in the prescribed form (if any).

21Power to take evidence on oath or affirmation

(1)A Royal Commission may require a person attending an inquiry of the Royal Commission, whether in accordance with a notice to attend or otherwise, to give evidence or answer questions on oath or affirmation.

(2)A commissioner, or a member of staff of the Royal Commission who is authorised to do so by a commissioner, may administer an oath or affirmation to a person for the purposes of subsection (1).

22Powers in relation to documents and other things

(1)A commissioner, or a member of staff of a Royal Commission authorised by a commissioner, may—

(a)inspect any document or other thing produced to the Royal Commission; and

(b)retain the document or other thing for as long as is reasonably necessary for the purposes of the inquiry; and

(c)copy any document or other thing produced to the Royal Commission necessary for the purposes of the inquiry.

(2)If the retention of a document or other thing under subsection (1) ceases to be reasonably necessary for the purposes of its inquiry, the Royal Commission, at the request of a person who appears to be entitled to the document or other thing, must cause the document or other thing to be delivered to the person unless it has been given to another person or body under section 44.

(3)A reference in this section to the purposes of an inquiry includes a reference to—

(a)the disclosure of information under section 44; and

(b)any concurrent Royal Commissions.

23Failure to comply with notice or requirement

(1)If the chairperson of a Royal Commission is satisfied that a person has, without reasonable excuse, failed to comply with a notice to produce or notice to attend in relation to the Royal Commission or a requirement under section 21, the chairperson may apply to the Supreme Court for an order under this section.

(2)On an application under subsection (1), the Supreme Court may order the person to comply with the notice or requirement within the period specified by the Court.

Note

See also sections 46 and 47.

Division 5—Control of proceedings and publication of information and evidence

24Access to Royal Commission proceedings

(1)A commissioner may make an order excluding any person from a proceeding of the Royal Commission if—

(a)prejudice or hardship might be caused to any person, including harm to their safety or reputation; or

(b)the nature and subject matter of the proceeding is sensitive; or

(c)there is a possibility of any prejudice to legal proceedings; or

(d)the conduct of the proceeding would be more efficient and effective; or

(e)the commissioner otherwise considers the exclusion appropriate.

(2)The Royal Commission must cause a copy of the order to be posted—

(a)on a door of the place where the proceeding is being conducted; or

(b)in another conspicuous place where notices are usually posted at the place where the proceeding is being conducted.

(3)An order made under subsection (1) is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

25Power to expel persons who disrupt proceedings

A Royal Commission may expel a person from a proceeding of the Royal Commission if the person disrupts the proceeding.

26Restriction on publication of information relating to Royal Commission inquiries

(1)Subject to subsection (2), a commissioner may make an order prohibiting or restricting the publication of—

(a)any information that may enable the identity of a person who has given, or is to give, information or evidence to the Royal Commission for the purposes of an inquiry to be ascertained; or

(b)any information or evidence given to the Royal Commission for the purposes of an inquiry.

(2)A commissioner may make an order prohibiting or restricting the publication of information or evidence if—

(a)prejudice or hardship might be caused to any person, including harm to their safety or reputation; or

(b)the nature and subject matter of the information is sensitive; or

(c)there is a possibility of any prejudice to legal proceedings; or

(d)the conduct of the proceeding would be more efficient and effective; or

(e)the commissioner otherwise considers the prohibition or restriction appropriate.

(3)If the order is made during a proceeding, the Royal Commission must cause a copy of the order to be posted—

(a)on a door of the place where the proceeding is being conducted; or

(b)in another conspicuous place where notices are usually posted at the place where the proceeding is being conducted.

(4)If the order is made in relation to information that is given by the Royal Commission to another person, the Royal Commission must cause a copy of the order to be given to that person.

(5)An order made under this section is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

Division 6—Entry, search and seizure powers of Royal Commissions

27Authorised officers

(1)For the purposes of this Division, an authorised officer is—

(a)the chairperson of a Royal Commission; or

(b)a person authorised under subsection (2).

(2)The chairperson of a Royal Commission may authorise a person for the purposes of this Division.

28Search warrant

(1)Subject to subsection (2), an authorised officer may apply to the Magistrates' Court for a search warrant in relation to either or both of the following—

(a)particular premises, if the authorised officer believes on reasonable grounds that entry to the premises (including any vehicle, vessel or aircraft on or in those premises) is necessary for the purpose of the Royal Commission's inquiry;

(b)a particular vehicle, vessel or aircraft located in a public place, if the authorised officer believes on reasonable grounds that entry to the vehicle, vessel or aircraft is necessary for the purpose of the Royal Commission's inquiry.

(2)If a magistrate is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for the belief under subsection (1)(a) or (b), the magistrate may issue a search warrant authorising any police officer or other prescribed person named in the warrant—

(a)to enter and search the premises or vehicle, vessel or aircraft named or described in the search warrant and inspect any document or other thing at those premises or on or in that vehicle, vessel or aircraft; and

(b)to make a copy of any document that the police officer or other person reasonably considers may be relevant to the inquiry; and

(c)to take possession of any document or other thing that the police officer or other person reasonably considers may be relevant to the inquiry.

(3)A search warrant issued under this section must state—

(a)the purpose for which the search is required; and

(b)any conditions to which the search warrant is subject; and

(c)whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

(d)a day, not later than 28 days after the issue of the search warrant, on which the search warrant ceases to have effect.

(4)A search warrant must be in the prescribed form (if any).

(5)Except as otherwise provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.

29Procedure for executing search warrant

(1)On executing a search warrant, the person executing it—

(a)must announce that the person is authorised by the search warrant to enter the premises, vehicle, vessel or aircraft, as the case requires, unless, in the case of a vehicle, vessel or aircraft, it is in a public place; and

(b)if the person has been unable to obtain unforced entry, must give any person at the premises or in control of the vehicle, vessel or aircraft an opportunity to allow entry to the premises, vehicle, vessel or aircraft, as the case requires.

(2)A person executing a search warrant need not comply with subsection (1) if the person believes on reasonable grounds that immediate entry to the premises, vehicle, vessel or aircraft is required to ensure—

(a)the safety of any person; or

(b)that the effective execution of the warrant is not frustrated.

(3)If the occupier is present at premises where a search warrant is being executed, the person executing the warrant must—

(a)identify themselves to the occupier; and

(b)give the occupier a copy of the warrant.

(4)If the occupier is not present at premises where a search warrant is being executed, the person executing the warrant must—

(a)identify themselves to a person at the premises who is apparently over the age of 18 years; and

(b)give that person a copy of the warrant.

(5)If there is no person apparently over the age of 18 years present at premises where a search warrant is being executed, the person executing the warrant must leave a copy of the warrant in a conspicuous place at the premises unless the Royal Commission has given a direction under subsection (6).

(6)A Royal Commission may direct that a copy of a search warrant not be left at premises where no person apparently over the age of 18 years is present if the Royal Commission is satisfied that it would be contrary to the public interest for the copy to be left at the premises.

30Copies or receipts to be given for documents or other things

(1)If a person takes possession under a search warrant of—

(a)a document, disk or tape or other thing that can be readily copied; or

(b)a storage device the information in which can be readily copied—

the person, on request by the occupier, must give a copy of the document, thing or information to the occupier as soon as practicable after taking possession of it, unless it would be contrary to the public interest to do so.

(2)If a person takes possession of a document or other thing under a search warrant and has not provided a copy of the document, thing or information under subsection (1) the person must provide a receipt for the document or other thing as soon as practicable after taking possession of it.

(3)A receipt under subsection (2) must be in the prescribed form (if any).

31Return of documents and other things

(1)A Royal Commission must take all reasonable steps to return a document or other thing seized under a search warrant to the person from whom it was seized if the document or other thing is required as evidence relating to a legal proceeding.

(2)A Royal Commission must immediately take all reasonable steps to return a document or other thing seized under a search warrant to the person from whom it was seized if the Royal Commission is no longer satisfied that its retention is necessary for the purposes of—

(a)an inquiry; or

(b)a report of the Royal Commission on an inquiry; or

(c)a legal proceeding arising out of, or connected with, an inquiry.

Division 7—Application of privileges and statutory secrecy to Royal Commissions

32Legal professional privilege does not apply

(1)It is not a reasonable excuse for a person to refuse or fail to comply with a requirement under this Act to give information (including answering a question) or produce a document or other thing to a Royal Commission that the information, document or other thing is the subject of legal professional privilege.

(2)Information or a document or other thing does not cease to be the subject of legal professional privilege only because it is given or produced to a Royal Commission in accordance with a requirement to do so under this Act.

33Privilege against self-incrimination does not apply

(1)Subject to subsection (2), it is not a reasonable excuse for a person to refuse or fail to comply with a requirement under this Act to give information (including answering a question) or produce a document or other thing to a Royal Commission that the information, document or other thing might tend to incriminate the person or make the person liable to a penalty.

Note

See section 40 as to the admissibility of answers, information, documents and other things given to a Royal Commission.

(2)It is a reasonable excuse for a natural person to refuse or fail to comply with a requirement referred to in subsection (1) that the information, document or other thing might tend to incriminate the person, or make the person liable to a penalty, in relation to—

(a)proceedings for an offence with which the person has been charged that have not finally been disposed of; or

(b)proceedings for the imposition or recovery of a penalty that have been commenced against the person but not finally disposed of.

34Statutory secrecy and confidentiality provisions

(1)It is not a reasonable excuse for a person to refuse or fail to comply with a requirement under this Act to give information (including answering a question) or produce a document or other thing to a Royal Commission that another enactment prohibits the person from giving the information or producing the document or other thing or imposes a duty of confidentiality on the person in relation to the information, document or other thing.

(2)The person is not subject to any criminal, civil, administrative or disciplinary proceedings or action only because the person complies with the requirement.

(3)Subsections (1) and (2) do not apply to—

(a)a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to a Royal Commission; or

(b)a provision of another enactment that is prescribed by the regulations for the purposes of this section.

(4)If a Royal Commission receives information or a document or other thing referred to in this section in an inquiry, any provision of another enactment that prohibits the disclosure of the information, document or other thing or imposes any other duty of confidentiality in relation to the information, document or other thing does not apply to the Royal Commission.

Division 8—Reports of Royal Commissions

35Report of Royal Commission

(1)A Royal Commission must deliver a report of its inquiry to the Governor.

(2)A report may contain any recommendations the Royal Commission considers appropriate.

(3)A report must be delivered—

(a)within the time specified in the letters patent establishing the Royal Commission; or

(b)if no time is so specified, as soon as practicable after the Royal Commission completes the inquiry.

36Adverse findings

(1)If a Royal Commission proposes to make a finding that is adverse to a person, the Royal Commission must be satisfied that the person—

(a)is aware of the matters on which the proposed finding is based; and

(b)has had an opportunity, at any time during the course of the inquiry, to respond on those matters.

(2)A Royal Commission must consider a person's response under subsection (1)(b) (if any) before making a finding that is adverse to the person.

(3)If the Royal Commission includes a finding that is adverse to a person in its report, the Royal Commission must fairly set out the person's response under subsection (1)(b) (if any) in the report.

37Tabling of Royal Commission report

(1)Within 30 days after the Governor receives the report of a Royal Commission, the Premier must cause the following material (the Royal Commission material) to be laid before each House of Parliament or, if neither House is then sitting, to be given to the clerk of each House—

(a)a copy of the report; or

(b)a copy of part of the report, together with a statement that the remaining part of the report is not to be tabled in Parliament at this time, including the reasons why it is not to be tabled; or

(c)a statement that the report has been received but is not to be tabled in Parliament at this time, including the reasons why it is not to be tabled.

(2)If the Premier proposes to give the Royal Commission material to the clerk of each House, the Premier must—

(a)give at least one business day's notice of the Premier's intention to do so to the clerk of each House; and

(b)give the Royal Commission material to the clerk of each House on the day indicated in the notice.

(3)The clerk of each House must—

(a)notify each member of the House of the receipt of a notice under subsection (2)(a) on the same day that the clerk receives that notice; and

(b)make available copies of the Royal Commission material for each member of the House as soon as practicable after the Royal Commission material is received under subsection (2)(b); and

(c)cause the Royal Commission material to be laid before the House on the next sitting day of the House.

(4)Royal Commission material that is given to the clerks under subsection (2)(b) is taken to have been published by order, or under the authority, of the Houses of Parliament.

(5)The publication of Royal Commission material in accordance with this section is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and of any other enactment or rule of law relating to the publication of the proceedings of Parliament apply to and in relation to the publication of the Royal Commission material as if it were a report to which those sections applied and had been published by the Government Printer under the authority of Parliament.

(6)If the report of a Royal Commission is not tabled, or is tabled in part, under this section and the Premier subsequently determines that the report, or a further part or parts of the report, should be tabled, this section applies, with any necessary modifications, to the tabling and publication of the report or the relevant part or parts of the report.

Division 9—Protection from legal liability

38Compellability of commissioners

(1)A person who is or was a commissioner is not compellable to give evidence in relation to the Royal Commission in any criminal, civil, administrative or disciplinary proceedings.

(2)Nothing in subsection (1) prevents a person who is or was a commissioner giving evidence voluntarily.

39Protection of participants

(1)A commissioner has, in respect of the performance of the commissioner's functions as commissioner, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.

(2)A member of staff of a Royal Commission has, in the performance of the person's functions in the Royal Commission's inquiry, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.

(3)A person legally representing another person in a Royal Commission's inquiry has the same protection and immunity as an Australian legal practitioner has in representing a party in proceedings in the Supreme Court.

(4)A person who gives information or evidence, or produces a document or other thing, to a Royal Commission has the same protection and immunity as a witness has in proceedings in the Supreme Court.

Division 10—Royal Commissions and courts

40Admissibility of answers, information, documents and other things

(1)Any answer, information, document or other thing given or produced to a Royal Commission by a person and the fact that an answer, information, document or other thing was given or produced, is not admissible in evidence, or otherwise able to be used, against the person in any other proceedings, except in proceedings for—

(a)an offence against this Act; or

(b)an offence against section 254 or 314 of the Crimes Act 1958 in relation to the Royal Commission.

(2)Subsection (1) does not apply to a document or other thing if it was obtained, or could have been obtained, independently of its production to the Royal Commission, either before or after its production, by the person seeking to tender it in evidence, or otherwise to use it, in the other proceedings.

(3)In this section—

other proceedings means criminal, civil or administrative proceedings before a court, tribunal or person acting judicially or disciplinary proceedings, including proceedings that were pending when the answer, information, document or other thing was given or produced to the Royal Commission.

41Referral of questions of law to Supreme Court

(1)The chairperson of a Royal Commission may refer any question of law arising in an inquiry to the Supreme Court for decision.

(2)A referral may be made under subsection (1) at the request of any person or on the chairperson's own initiative.

Division 11—Assistance for witnesses

42Costs of attending Royal Commission

(1)This section applies to a person who attends a Royal Commission—

(a)in accordance with a notice to attend; or

(b)at the request of the Royal Commission.

(2)Subject to subsection (3), the person is entitled to be paid expenses and allowances in accordance with the prescribed scale.

(3)Subsection (2) does not apply—

(a)in an inquiry that is being conducted concurrently under this Act and under the law of the Commonwealth, another State or a Territory, unless the letters patent establishing the Royal Commission provide otherwise; or

(b)if the letters patent establishing the Royal Commission do not authorise the Royal Commission to incur expenses or financial obligations to be met from the Consolidated Fund.

Division 12—Confidentiality, sharing and use of information

43Confidentiality for Royal Commission officers

A person who is or was a Royal Commission officer must not knowingly disclose any information acquired by the person by reason of being a Royal Commission officer, or in the course of the performance of functions under this Act or any other Act, except—

(a)for the performance of the functions of the Royal Commission officer under this or any other Act; or

(b)for the purpose of any criminal proceedings under section 254 or 314 of the Crimes Act 1958 in relation to the Royal Commission; or

(c)if the information is in the public domain at the time of the disclosure, otherwise than as a result of a disclosure that the person knows or ought to have known was unlawful; or

(d)as is otherwise authorised or required under this Act or any other Act.

Penalty:120 penalty units or imprisonment for 12 months.

Note

Section 128 applies to an offence against this section.

44Disclosure or provision of information by commissioners or authorised persons

(1)A commissioner or a person authorised by a commissioner may at any time provide or disclose any information referred to in section 43, or give any document or other thing, to any person or body if the commissioner or authorised person—

(a)considers that the information, document or other thing is relevant to the performance of the functions of the person or body; and

(b)considers it appropriate to disclose the information or give the document or other thing to the person or body.

(2)If a document or other thing is given to a person or body under subsection (1), the person or body must, at the request of a Royal Commission officer, return the document or other thing if it ceases to be reasonably necessary for the person or body to retain the document or other thing for the purposes for which it was given to the person or body.

45Taking advantage of information

(1)This section applies to a person to whom information is given by a Royal Commission or a Royal Commission officer during the course of the Royal Commission's inquiry.

(2)The person to whom the information is given must not take advantage of the information to benefit the person or any other person.

Penalty:120 penalty units or imprisonment for 12 months or both.

Note

Section 128 applies to an offence against this subsection.

(3)A person does not commit an offence against subsection (2) if the information is in the public domain at the time the person takes advantage of it, otherwise than as a result of a disclosure that the person knows or ought to have known was unlawful.

Division 13—Offences

46Offence to fail to comply with a notice to produce or attend

A person who is duly served with a notice to produce or notice to attend in relation to a Royal Commission must not, without reasonable excuse, refuse or fail to comply with the notice.

Penalty:240 penalty units or imprisonment for 2 years.

Notes

1     See Division 7 which provides for the non-application of various privileges and statutory secrecy and confidentiality provisions.

2 See also section 72 of the Criminal Procedure Act 2009, which deals with the evidential burden of proof.

3      Section 128 applies to an offence against this section.

47Offence to fail to take oath, make affirmation or answer question

(1)A person who is duly served with a notice to attend a Royal Commission under section 17(1)(c) or (d) must not, without reasonable excuse—

(a)refuse or fail to take an oath or make an affirmation when required to do so; or

(b)refuse or fail to answer a question that the person is required to answer by the Royal Commission.

Penalty:240 penalty units or imprisonment for 2 years.

Note

See also section 72 of the Criminal Procedure Act 2009, which deals with the evidential burden of proof.

(2)A person does not commit an offence against subsection (1) unless, before the person is required to take the oath or make the affirmation or answer the question, the Royal Commission informs the person that refusal or failure to do so without reasonable excuse is an offence.

48Offence to contravene exclusion or restriction orders

(1)A person must not engage in conduct that constitutes a contravention of an order of a commissioner under section 24(1) or 26(1) that is in force if the person—

(a)knows that the order is in force; or

(b)is reckless as to whether the order is in force.

Penalty:600 penalty units or imprisonment for 5 years.

Note

Section 128 applies to an offence against this subsection.

(2)An offence against subsection (1) is an indictable offence.

49Offence to hinder, obstruct or cause serious disruption to proceeding

A person must not engage in conduct that hinders, obstructs or causes serious disruption to a proceeding of a Royal Commission if the person—

(a)intends to hinder, obstruct or disrupt the proceeding; or

(b)is reckless as to whether the conduct may hinder, obstruct or disrupt the proceeding.

Penalty:120 penalty units or imprisonment for 12 months.

50Offence to make false or misleading statements or produce false or misleading documents or other things

(1)A person must not make a statement to a Royal Commission that the person knows to be false or misleading in a material particular.

Penalty:120 penalty units or imprisonment for 12 months.

Note

See section 314 of the Crimes Act 1958 in relation to perjury and section 254 of that Act in relation to the destruction of evidence.

(2)A person must not produce a document or other thing to a Royal Commission that the person knows to be false or misleading in a material particular unless the person indicates to the Royal Commission the respect in which it is false or misleading and, to the extent practicable, provides the correct information.

Penalty:120 penalty units or imprisonment for 12 months.

51Offence of taking detrimental action against workers

(1)A person who conducts a business or other undertaking must not take or threaten to take detrimental action against a worker of the business or other undertaking because—

(a)the worker has given information to a Royal Commission; or

(b)the person believes that the worker has given or will give information to a Royal Commission.

Penalty:120 penalty units or imprisonment for 12 months.

Notes

1 See also section 72 of the Criminal Procedure Act 2009, which deals with the evidential burden of proof.

2     Section 128 applies to an offence against this subsection.

(2)It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in subsection (1)(a) or (b) was not a substantial reason for the detrimental action.

(3)Subsection (1) does not apply if a person takes or threatens to take detrimental action against a worker because—

(a)the worker unlawfully gave information to a Royal Commission; or

(b)the worker contravened section 50 of this Act or section 314 of the Crimes Act 1958 in respect of the information given to a Royal Commission.

52Offence of taking detrimental action against commissioners

(1)A person must not take detrimental action against another person who is or was a commissioner because the other person is or was a commissioner.

Penalty:240 penalty units or imprisonment for 2 years.

Note

Section 128 applies to an offence against this subsection.

(2)It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in that subsection was not a substantial reason for the detrimental action.

Division 14—Yoorrook Justice Commission record orders

52ADefinitions

In this Division—

author, of a specified record that is subject to a Yoorrook Justice Commission record order, means any person who is specified in the order as an author of the record;

specified period means the period of 99 years beginning on the day on which a record is transferred to the Department of Premier and Cabinet under section 124;

specified record means a record containing evidence given to the Yoorrook Justice Commission by a natural person who is an Aboriginal person, and includes, but is not limited to—

(a)a transcript of evidence; and

(b)a witness statement or submission; and

(c)an audio or audio visual recording of evidence.

52BYoorrook Justice Commission may make record closure order

The Yoorrook Justice Commission may make an order in respect of a specified record requiring the Keeper of Public Records and the Secretary to ensure that, for the specified period, the record is not made available for public inspection.

52CYoorrook Justice Commission may make record restriction order

(1)The Yoorrook Justice Commission may make an order in respect of a specified record requiring the Keeper of Public Records and the Secretary to ensure that, for the specified period, the record is made available for public inspection only in accordance with the terms and conditions specified in the order.

(2)Without limiting subsection (1), a Yoorrook Justice Commission record restriction order may require any one or more of the following—

(a)the Keeper of Public Records to ensure that a member of the public may only inspect the record at the Public Record Office;

(b)the Keeper of Public Records must take reasonable steps to prevent a member of the public from making a copy of the record or photographing the record while inspecting it in person at the Public Record Office;

(c)the Secretary must not give a member of the public a copy of the record;

(d)the Keeper of Public Records must not give a member of the public a copy of the record;

(e)the Secretary to ensure that a person employed in the Department of Premier and Cabinet under Part 3 of the Public Administration Act 2004 does not give a member of the public a copy of the record;

(f)the Keeper of Public Records to ensure that a person referred to in section 6(1) of the Public Records Act 1973 does not give a member of the public a copy of the record.

52DYoorrook Justice Commission record order not to be made over certain records

A Yoorrook Justice Commission record order must not be made in respect of a specified record if the evidence contained in the record is given on behalf of any body or association, including an unincorporated body or association.

52EAuthor of record

(1)A Yoorrook Justice Commission record order must specify at least one natural person to be the author of the specified record.

(2)Nothing in a Yoorrook Justice Commission record order prevents an author of a specified record from accessing, sharing, publishing, making a copy of or using the record.

52FAdditional access instructions

Without limiting section 52B or 52C, a Yoorrook Justice Commission record order may also require the Secretary or the Keeper of Public Records to do any one or more of the following after the author of the record dies or, if there is more than one author of the record, after all of the authors of the record die—

(a)to make the record available for public inspection;

(b)to make the record available for public inspection only in accordance with the terms and conditions specified in the order;

(c)to make the record available for inspection by a specified person or class of persons in accordance with the terms and conditions (if any) specified in the order for that person or class of persons;

(d)to give a copy of the record to a specified person or class of persons on the request of that person or a member of that class of persons.

52GTransfer not prevented by Yoorrook Justice Commission record order

Nothing in a Yoorrook Justice Commission record order prevents the transfer of a specified record under section 124 or otherwise affects the operation of that section in relation to a specified record that is subject to a Yoorrook Justice Commission record order.

52HSecretary must comply with Yoorrook Justice Commission record order

The Secretary must comply with a Yoorrook Justice Commission record order to the extent that it is reasonably practicable to do so.

52IRecords subject to a Yoorrook Justice Commission record order only accessible for certain purposes

(1)The Secretary must ensure that a person employed in the Department of Premier and Cabinet under Part 3 of the Public Administration Act 2004 does not access a record in respect of which a Yoorrook Justice Commission record order has been made, unless it is for a purpose set out in subsection (3).

(2)The Secretary must not access a record in respect of which a Yoorrook Justice Commission record order has been made unless it is for a purpose set out in subsection (3).

(3)The purposes are—

(a)the transfer of the record to the custody of the Public Record Office; or

(b)the maintenance and security of the record; or

(c)the preservation of the record; or

(d)to respond to a requirement to produce the record to a court or Victorian tribunal; or

(e)to respond to a request for the record from—

(i)the Auditor‑General; or

(ii)the Ombudsman; or

(iii)the IBAC; or

(iv)the Victorian Inspectorate or Integrity Oversight Victoria (as the case requires); or

(v)a Royal Commission or Board of Inquiry; or

(f)to respond to a request for the record made under the Freedom of Information Act 1982; or

Note

The Freedom of Information Act 1982 does not apply to a document that is subject to a Yoorrook Justice Commission record order for the specified period—see section 125.

(g)to respond to a request for the record from a person or body—

(i)that is empowered to request the record under an enactment; or

(ii)that can properly request the record or is required to request the record by law; or

(h)to make an archive of the website of the Yoorrook Justice Commission; or

(i)to make the record available in accordance with the order or to otherwise comply with the order.

(4)This section applies before, and continues to apply after, a record in respect of which a Yoorrook Justice Commission record order has been made is transferred to the Public Record Office under section 124.

(5)In subsection (3), a reference to a request for a record includes a reference to a request for a class of records that includes the record.

PART 3—BOARDS OF INQUIRY

Division 1—Establishment of Boards of Inquiry

53Establishment of Board of Inquiry by Order in Council

(1)On the recommendation of the Premier, the Governor in Council, by Order in Council published in the Government Gazette, may appoint any one or more natural persons to constitute a Board of Inquiry to inquire into and report on the terms of reference specified in the Order.

(2)The establishing Order—

(a)must specify the following—

(i)the person or persons appointed to constitute the Board of Inquiry;

(ii)if more than one person is appointed, the person who is to chair the Board of Inquiry;

(iii)the terms of reference of the Board of Inquiry;

(b)may specify any or all of the following—

(i)a time by which the Board of Inquiry is to report on its inquiry;

(ii)whether the members may perform functions conferred on them under the law of the Commonwealth, another State or a Territory;

(iii)whether the Board of Inquiry is authorised to incur expenses and financial obligations to be met from the Consolidated Fund and, if so, the maximum amount of those expenses and obligations;

(iv)whether the chairperson is authorised to engage one or more Australian legal practitioners to assist the Board of Inquiry as counsel;

(v)the manner in which the inquiry of the Board of Inquiry is to be conducted;

(vi)if there is more than one member, which (if any) of the functions of the Board of Inquiry must be performed by the members jointly and which (if any) may be performed by one or more members separately;

(vii)any other matter the Governor in Council considers appropriate.

Note

See section 123 for restrictions on the scope and powers of a Board of Inquiry in relation to certain entities.

(3)Nothing in this Act affects the establishment of a board of inquiry, or applies to a board of inquiry established, under another Act.

Example

Section 15 of the Parliamentary Administration Act 2005 provides for the establishment of boards of inquiry under that Act.

54Concurrent Boards of Inquiry

If provided for in the establishing Order for a Board of Inquiry, a member may perform any functions that are conferred on the member under the law of the Commonwealth, another State or a Territory in conjunction with the performance of the member's functions under this Act.

55Conversion of Board of Inquiry into a Royal Commission

(1)The Governor, by letters patent issued in accordance with section 5 to the members of a Board of Inquiry, may convert the Board of Inquiry into a Royal Commission.

(2)If a Board of Inquiry is converted into a Royal Commission—

(a)the members of the Board of Inquiry become commissioners; and

(b)any members of staff of the Board of Inquiry become members of staff of the Royal Commission; and

(c)any information or evidence given to or obtained by, and any documents and other things produced to, the Board of Inquiry are taken to have been given to, obtained by or produced to the Royal Commission; and

(d)any notices to attend or notices to produce served by the Board of Inquiry that are still in force are taken to be notices to attend or notices to produce served by the Royal Commission; and

(e)any arrangements or agreements entered into by or on behalf of the Board of Inquiry that are in force continue in force as if they had been entered into by or on behalf of the Royal Commission.

(3)Subsection (2) is subject to the letters patent referred to in subsection (1).

(4)The conversion of a Board of Inquiry into a Royal Commission takes effect on the day on which the letters patent are published in the Government Gazette under section 6.

Division 2—Arrangements to facilitate Boards of Inquiry

56Staffing and services

(1)There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary for a Board of Inquiry to perform its functions.

Note

See also section 18 of the Public Administration Act 2004, which provides for delegation powers of a public service body Head under that Act. That section would permit employment functions under that Act to be delegated to the chairperson of a Board of Inquiry.

(2)The chairperson of a Board of Inquiry may—

(a)enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body; and

(b)engage persons with suitable qualifications and experience as consultants; and

(c)if authorised to do so by the establishing Order for the Board of Inquiry, engage one or more Australian legal practitioners to assist the Board of Inquiry as counsel; and

(d)enter into agreements or arrangements for the provision of any other services to the Board of Inquiry.

(3)The engagement of an Australian legal practitioner under subsection (2)(c) may only be made with the approval of the Premier.

(4)The employment or engagement of members of staff of a Board of Inquiry may be on any terms and conditions the chairperson considers appropriate and all members of staff are subject to the direction of the chairperson.

(5)The chairperson of a Board of Inquiry may, by instrument, delegate to another Board of Inquiry officer a function under this section, other than this power of delegation.

Note

Section 18(2) of the Public Administration Act 2004 provides for subdelegation of powers delegated under that section.

57Certain public sector values do not apply to Board of Inquiry staff

If the public sector values referred to in section 7(1)(a)(i) and (c)(iii) of the Public Administration Act 2004 would, but for this section, apply to a member of staff of a Board of Inquiry, those public sector values do not apply to the member of staff in respect of their employment or engagement with the Board of Inquiry.

Note

Section 7(1)(a)(i) and (c)(iii) of the Public Administration Act 2004 deal with providing advice to the Government and implementing Government policies and programs.

58Expenses and financial obligations of Board of Inquiry

(1)Expenses and financial obligations may be incurred by a Board of Inquiry to be met from the Consolidated Fund only—

(a)if authorised by the establishing Order for the Board of Inquiry; and

(b)to the extent of the maximum amount specified in the establishing Order.

(2)The Consolidated Fund is appropriated to the extent necessary to allow expenses and financial obligations to be incurred and met as authorised by subsection (1).

(3)To avoid doubt, subsection (1) does not prevent—

(a)the entering into of agreements or arrangements, or the engagement of persons, under section 56 at no cost to the Board of Inquiry; or

(b)the incurring of expenses and financial obligations to be met from sources other than the Consolidated Fund.

Division 3—Conduct of inquiries by Boards of Inquiry

59Manner of inquiry of Board of Inquiry

A Board of Inquiry may conduct its inquiry in any manner that it considers appropriate, subject to—

(a)the requirements of procedural fairness; and

(b)the establishing Order for the Board of Inquiry; and

(c)this Act, the regulations and any other Act.

60Members may act separately

(1)This section applies if a Board of Inquiry is constituted by more than one member.

(2)Subject to this Act and the establishing Order, the chairperson of the Board of Inquiry may determine from time to time that any of the functions of the Board of Inquiry may be performed by one or more members separately.

Example

Subject to the establishing Order, the chairperson could determine that the individual members hold concurrent hearings.

61Evidence

A Board of Inquiry is not bound by the rules of evidence or any practices or procedures applicable to courts of record and may inform itself on any matter as it sees fit.

62Participation in Board of Inquiry inquiries

(1)A Board of Inquiry may allow, to the extent and in the manner determined by the Board of Inquiry—

(a)any person to appear or otherwise participate in an inquiry; and

(b)any person to be legally represented in an inquiry.

(2)In allowing a person to appear or participate in an inquiry, or to be legally represented, the Board of Inquiry may have regard to the following factors—

(a)whether the person has any direct or special interest in the subject matter of the inquiry;

(b)the likelihood that the Board of Inquiry may make an adverse finding against the person;

(b)the nature and subject matter of the information is sensitive; or

(c)there is a possibility of any prejudice to legal proceedings; or

(d)the conduct of the proceeding would be more efficient and effective; or

(e)the member otherwise considers the prohibition or restriction appropriate.

(3)If the order is made during a proceeding, the Formal Review must cause a copy of the order to be posted—

(a)on a door of the place where the proceeding is being conducted; or

(b)in another conspicuous place where notices are usually posted at the place where the proceeding is being conducted.

(4)If the order is made in relation to information that is given by the Formal Review to another person, the Formal Review must cause a copy of the order to be given to that person.

(5)An order made under this section is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

Division 5—Reports of Formal Reviews

107Report of Formal Review

(1)A Formal Review must deliver a report of its inquiry—

(a)to the Premier; and

(b)if the Formal Review was established by a Minister other than the Premier, to that Minister.

(2)A report may contain any recommendations the Formal Review considers appropriate.

(3)A report must be delivered—

(a)within the time specified in the establishing instrument for the Formal Review; or

(b)if no time is so specified, as soon as practicable after the Formal Review completes the inquiry.

108Adverse findings

(1)If a Formal Review proposes to make a finding that is adverse to a person, the Formal Review must be satisfied that the person—

(a)is aware of the matters on which the proposed finding is based; and

(b)has had an opportunity, at any time during the course of the inquiry, to respond on those matters.

(2)A Formal Review must consider a person's response under subsection (1)(b) (if any) before making a finding that is adverse to the person.

(3)If the Formal Review includes a finding that is adverse to a person in its report, the Formal Review must fairly set out the person's response under subsection (1)(b) (if any) in the report.

109Tabling of Formal Review report

(1)The relevant Minister may cause a copy of the report of a Formal Review to be laid before each House of Parliament or, if neither House is sitting, to be given to the clerk of each House.

(2)If the relevant Minister proposes to give the report to the clerk of each House, the relevant Minister must—

(a)give at least one business day's notice of the relevant Minister's intention to do so to the clerk of each House; and

(b)give a copy of the report to the clerk of each House on the day indicated in the notice.

(3)The clerk of each House must—

(a)notify each member of the House of the receipt of a notice under subsection (2)(a) on the same day that the clerk receives that notice; and

(b)make available copies of the report for each member of the House as soon as practicable after the report is received under subsection (2)(b); and

(c)cause the report to be laid before the House on the next sitting day of the House.

(4)A copy of a report that is given to the clerks under subsection (2)(b) is taken to have been published by order, or under the authority, of the Houses of Parliament.

(5)The publication of a copy of a report in accordance with this section is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and of any other enactment or rule of law relating to the publication of the proceedings of Parliament apply to and in relation to the publication of the copy of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of Parliament.

(6)In this section—

relevant Minister means—

(a)for a Formal Review referred to in section 93(1), the Premier;

(b)for a Formal Review referred to in section 93(2), the Minister who established the Formal Review.

Division 6—Protection from legal liability

110Compellability of members

(1)A person who is or was a member of a Formal Review is not compellable to give evidence in relation to the Formal Review in any criminal, civil, administrative or disciplinary proceedings.

(2)Nothing in subsection (1) prevents a person who is or was a member of a Formal Review giving evidence voluntarily.

111Protection of participants

(1)A member of a Formal Review has, in respect of the performance of the member's functions as member, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.

(2)A member of staff of a Formal Review has, in the performance of the person's functions in the Formal Review's inquiry, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.

(3)A person legally representing another person in a Formal Review's inquiry has the same protection and immunity as an Australian legal practitioner has in representing a party in proceedings in the Supreme Court.

(4)A person who gives information or evidence to a Formal Review has the same protection and immunity as a witness has in proceedings in the Supreme Court.

Division 7—Formal Reviews and courts

112Admissibility of answers, information, documents and other things

(1)Any answer, information, document or other thing given or produced to a Formal Review by a person and the fact that an answer, information, document or other thing was given or produced, is not admissible in evidence, or otherwise able to be used, against the person in any other proceedings, except in proceedings for—

(a)an offence against this Act; or

(b)an offence against section 254 of the Crimes Act 1958 in relation to the Formal Review.

(2)Subsection (1) does not apply to a document or other thing if it was obtained, or could have been obtained, independently of its production to the Formal Review, either before or after its production, by the person seeking to tender it in evidence, or otherwise to use it, in the other proceedings.

(3)In this section—

other proceedings means criminal, civil or administrative proceedings before a court, tribunal or person acting judicially or disciplinary proceedings, including proceedings that were pending when the answer, information, document or other thing was given or produced to the Formal Review.

113Referral of questions of law to Supreme Court

(1)The chairperson of a Formal Review may refer any question of law arising in an inquiry to the Supreme Court for decision.

(2)A referral may be made under subsection (1) at the request of any person or on the chairperson's own initiative.

Division 8—Assistance for witnesses

114Costs of attending Formal Review

(1)This section applies to a person who attends a Formal Review at the request of the Formal Review if the establishing instrument for the Formal Review—

(a)provides that persons who attend the Formal Review at the request of the Formal Review are entitled to be paid expenses and allowances; and

(b)authorises the Formal Review to incur expenses and financial obligations.

(2)The person is entitled to be paid expenses and allowances in accordance with the prescribed scale.

Division 9—Confidentiality, sharing and use of information

115Confidentiality for Formal Review officers

A person who is or was a Formal Review officer must not knowingly disclose any information acquired by the person by reason of being a Formal Review officer, or in the course of the performance of functions under this Act or any other Act, except—

(a)for the performance of the functions of the Formal Review officer under this or any other Act; or

(b)for the purpose of any criminal proceedings under section 254 of the Crimes Act 1958 in relation to the Formal Review; or

(c)if the information is in the public domain at the time of the disclosure, otherwise than as a result of a disclosure that the person knows or ought to have known was unlawful; or

(d)as is otherwise authorised or required under this Act or any other Act.

Penalty:120 penalty units or imprisonment for 12 months.

Note

Section 128 applies to an offence against this section.

116Disclosure or provision of information by members or authorised persons

(1)A member of a Formal Review or a person authorised by a member may at any time provide or disclose any information referred to in section 115, or give any document or other thing, to any person or body if the member or authorised person—

(a)considers that the information, document or other thing is relevant to the performance of the functions of the person or body; and

(b)considers it appropriate to disclose the information or give the document or other thing to the person or body.

(2)If a document or other thing is given to a person or body under subsection (1), the person or body must, at the request of a Formal Review officer, return the document or other thing if it ceases to be reasonably necessary for the person or body to retain the document or other thing for the purposes for which it was given to the person or body.

117Taking advantage of information

(1)This section applies to a person to whom information is given by a Formal Review or a Formal Review officer during the course of the Formal Review's inquiry.

(2)The person to whom the information is given must not take advantage of the information to benefit the person or any other person.

Penalty:120 penalty units or imprisonment for 12 months or both.

Note

Section 128 applies to an offence against this subsection.

(3)A person does not commit an offence against subsection (2) if the information is in the public domain at the time the person takes advantage of it, otherwise than as a result of a disclosure that the person knows or ought to have known was unlawful.

Division 10—Offences

118Offence to contravene exclusion or restriction orders

(1)A person must not engage in conduct that constitutes a contravention of an order of a member of a Formal Review under section 104(1) or 106(1) that is in force if the person—

(a)knows that the order is in force; or

(b)is reckless as to whether the order is in force.

Penalty:600 penalty units or imprisonment for 5 years.

Note

Section 128 applies to an offence against this subsection.

(2)An offence against subsection (1) is an indictable offence.

119Offence to hinder, obstruct or cause serious disruption to proceeding

A person must not engage in conduct that hinders, obstructs or causes serious disruption to a proceeding of a Formal Review if the person—

(a)intends to hinder, obstruct or disrupt the proceeding; or

(b)is reckless as to whether the conduct may hinder, obstruct or disrupt the proceeding.

Penalty:120 penalty units or imprisonment for 12 months.

120Offence to make false or misleading statements or produce false or misleading documents or other things

(1)A person must not make a statement to a Formal Review that the person knows to be false or misleading in a material particular.

Penalty:120 penalty units or imprisonment for 12 months.

(2)A person must not produce a document or other thing to a Formal Review that the person knows to be false or misleading in a material particular unless the person indicates to the Formal Review the respect in which it is false or misleading and, to the extent practicable, provides the correct information.

Penalty:120 penalty units or imprisonment for 12 months.

121Offence of taking detrimental action against workers

(1)A person who conducts a business or other undertaking must not take or threaten to take detrimental action against a worker of the business or other undertaking because—

(a)the worker has given information to a Formal Review; or

(b)the person believes that the worker has given or will give information to a Formal Review.

Penalty:120 penalty units or imprisonment for 12 months.

Notes

1 See also section 72 of the Criminal Procedure Act 2009, which deals with the evidential burden of proof.

2     Section 128 applies to an offence against this subsection.

(2)It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in subsection (1)(a) or (b) was not a substantial reason for the detrimental action.

(3)Subsection (1) does not apply if a person takes or threatens to take detrimental action against a worker because—

(a)the worker unlawfully gave information to a Formal Review; or

(b)the worker contravened section 120 in respect of the information given to a Formal Review.

122Offence of taking detrimental action against members

(1)A person must not take detrimental action against another person who is or was a member of a Formal Review because the other person is or was a member of a Formal Review.

Penalty:240 penalty units or imprisonment for 2 years.

Note

Section 128 applies to an offence against this subsection.

(2)It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in that subsection was not a substantial reason for the detrimental action.

PART 5—GENERAL

Division 1—General provisions for inquiries

123Powers of Royal Commissions and Boards of Inquiry

(1)A Royal Commission or Board of Inquiry cannot inquire into or exercise any powers in relation to any of the following persons or bodies—

(a)the Auditor-General;

(b)the Ombudsman;

(c)the Electoral Commissioner;

(d)the IBAC;

(e)Integrity Oversight Victoria;

(f)the Director of Public Prosecutions for Victoria;

(g)a Crown Prosecutor;

(h)a Victorian court;

(i)VCAT;

(j)a judicial officer;

(k)a non-judicial member of VCAT;

(l)a member of the staff of Court Services Victoria in relation to the performance of judicial or quasi-judicial functions of a Victorian court.

(2)To avoid doubt, it is not the intention of this Act to alter or vary section 94B, 94E or 94F of the Constitution Act 1975.

(3)Nothing in this section prevents a person or body referred to in subsection (1) from giving evidence or information, or producing a document or other thing, voluntarily to a Royal Commission or Board of Inquiry.

124Transfer of records

(1)When a Royal Commission, Board of Inquiry or Formal Review ceases to exist, all its records are to be transferred to the Department of Premier and Cabinet, unless the Premier, by instrument, determines that they are to be transferred to another public office.

(1A)If the Premier makes a determination under subsection (1), the Premier must also specify in the determination a person in relation to the public office who is to be responsible for causing the records to be transferred under subsection (2).

(2)Subject to the Public Records Act 1973, including any arrangements made under section 2B(b), standards established under section 12 and authorisations given under section 20 of that Act, the Secretary or responsible person must cause the records to be transferred to the custody of the Public Record Office as soon as practicable after their receipt.

(3)Records transferred to the Department of Premier and Cabinet, another public office or the Public Record Office under this section are to be held and dealt with on the same basis, and in the same manner, as the basis on which they were held, and the manner in which they could be dealt with, by the Royal Commission, Board of Inquiry or Formal Review.

(4)Section 8A of the Public Records Act 1973 does not apply to a record to which this section applies.

(5)In this section—

public office has the same meaning as in the Public Records Act 1973;

responsible person means a person who is specified in relation to a public office in a determination under this section.

125Exemptions from Freedom of Information Act 1982

(1)The Freedom of Information Act 1982 does not apply to—

(a)a document that is in the possession of a Royal Commission, Board of Inquiry or Formal Review; or

(b)a document of a Royal Commission, Board of Inquiry or Formal Review that is in the possession of an agency at any time during which the Royal Commission, Board of Inquiry or Formal Review is in existence.

(1A)Without limiting subsection (1), the Freedom of Information Act 1982 does not apply to a document that is subject to a Yoorrook Justice Commission record order for the period of 99 years beginning on the day on which the record is transferred to the Department of Premier and Cabinet under section 124.

(2)In this section—

agency has the same meaning as in the Freedom of Information Act 1982;

document has the same meaning as in the Freedom of Information Act 1982.

126Continuity of inquiries

(1)If a Royal Commission consists of more than one commissioner, a change in commissioners, or any other variation of the letters patent for the Royal Commission, does not affect the continuity of the Royal Commission.

(2)If a Board of Inquiry or Formal Review consists of more than one member, a change in membership, or any other variation of the establishing Order for the Board of Inquiry or establishing instrument for the Formal Review, does not affect the continuity of the Board of Inquiry or the Formal Review.

(3)Without limiting subsection (1) or (2)—

(a)any members of staff of the Royal Commission, Board of Inquiry or Formal Review continue as members of staff; and

(b)any information or evidence given to or obtained by, and any documents and other things produced to, the Royal Commission, Board of Inquiry or Formal Review before the variation may continue to be taken into consideration by the Royal Commission, Board of Inquiry or Formal Review; and

(c)any arrangements or agreements entered into by or on behalf of the Royal Commission, Board of Inquiry or Formal Review that are in force immediately before the variation continue in force.

(4)This section is subject to the letters patent, establishing Order or establishing instrument.

Division 2—Ancillary provisions for offences

127Definitions

In this Division—

body corporate has the same meaning as corporation has in section 57A of the Corporations Act;

officer in relation to a body corporate means—

(a)a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or

(b)a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.

128Criminal liability of officers of bodies corporate—accessorial liability

(1)If a body corporate commits an offence against a provision specified in Schedule 1, an officer of the body corporate also commits an offence against the provision if the officer—

(a)authorised or permitted the commission of the offence by the body corporate; or

(b)was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.

(2)Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.

(3)An officer of a body corporate may commit an offence against a provision specified in Schedule 1 whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.

(4)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.

129Offences by bodies corporate

(1)If in a proceeding for an offence against this Act or the regulations it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention.

(2)A statement made by an officer of a body corporate is admissible as evidence against the body corporate in any proceeding against the body corporate for an offence against this Act or the regulations.

130Maximum fine for bodies corporate

(1)If a body corporate is found guilty of an offence against this Act or the regulations and the court has power to fine the body corporate, it may, unless the contrary intention appears, impose on the body corporate a fine not greater than 5 times the amount of the maximum fine that could be imposed by the court on a natural person found guilty of the same offence committed at the same time.

(2)This section has effect despite—

(a)anything to the contrary in the Sentencing Act 1991; and

(b)the prescription of a maximum fine for the offence applicable to all offenders.

131Responsible agency for the Crown

(1)If proceedings are brought against the Crown for an offence against this Act or the regulations, the responsible agency in respect of the offence may be specified in any document initiating, or relating to, the proceedings.

(2)In this section, the responsible agency in respect of an offence is the agency of the Crown—

(a)whose acts or omissions are alleged to constitute the offence; or

(b)if that agency has ceased to exist, that is the successor of that agency; or

(c)if that agency has ceased to exist and there is no clear successor, that the court declares to be the responsible agency.

(3)The responsible agency in respect of an offence is entitled to act in proceedings against the Crown for the offence and, subject to any relevant rules of court, the procedural rights and obligations of the Crown as the accused in the proceedings are conferred or imposed on the responsible agency.

(4)The person prosecuting the offence may change the responsible agency during the proceedings with the leave of the court.

132Proceedings against successors to public bodies

(1)Proceedings for an offence against this Act or the regulations that were commenced against a public body before its dissolution, or that could have been commenced against a public body if not for its dissolution, may be continued or commenced against its successor if the successor is a public body.

(2)In this section—

public body has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011.

Division 3—Regulations

133Regulations

(1)The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)The regulations—

(a)may be of general or limited application; and

(b)may differ according to differences in time, place or circumstance; and

(c)may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or class of persons; and

(d)may provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified; and

(e)may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons; and

(f)may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed (whether under this or any other Act) or published by any person—

(i)wholly or partially or as amended by the regulations; or

(ii)as formulated, issued, prescribed (whether under this or any other Act) or published at the time the regulations are made or at any time before then; or

(iii)as formulated, issued, prescribed (whether under this or any other Act) or published from time to time; and

(g)may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

*                *                *                *                *

PART 7—TRANSITIONAL

150Inquiries by commissions and boards under Part IVA of the Constitution Act 1975

(1)Despite the repeal of Part IVA of the Constitution Act 1975—

(a)a former commission or former board has, and is to be taken always to have had, the power to continue a current inquiry; and

(b)the Governor in Council may amend the letters patent or other instrument of appointment of a former commission or former board in relation to a current inquiry as if that Part had not been repealed.

(2)In this section—

current inquiry means an inquiry by a former commission or former board that was begun but has not been completed before the repeal of Part IVA of the Constitution Act 1975;

former board means a board appointed under section 88C of the Constitution Act 1975 before the repeal of Part IVA of that Act;

former commission means a person or persons to whom a commission was issued under section 88B of the Constitution Act 1975 before the repeal of Part IVA of that Act.

SCHEDULES

SCHEDULE 1—OFFENCES TO WHICH ACCESSORIAL LIABILITY ATTACHES

Section 128

1Section 43

2Section 45(2)

3Section 46

4Section 48(1)

5Section 51(1)

6Section 52(1)

7Section 83

8Section 85(2)

9Section 86

10Section 88(1)

11Section 91(1)

12Section 92(1)

13Section 115

14Section 117(2)

15Section 118(1)

16Section 121(1)

17Section 122(1)

*                *                *                *                *

═══════════════

ENDNOTES

1General information  

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 21 August 2014

Legislative Council: 4 September 2014

The long title for the Bill for this Act was "A Bill for an Act to provide for the establishment and conduct of inquiries in Victoria, to make related and consequential amendments to other Acts and for other purposes."

The Inquiries Act 2014 was assented to on 23 September 2014 and came into operation as follows:

Sections 1–147, 149 on 15 October 2014: Special Gazette (No. 364) 14 October 2014 page 2; section 148 on 1 July 2015: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Inquiries Act 2014 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 148 on 1.7.15: s. 2(2); s. 149 on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
Note:	S. 149 repealed Pt 6 (ss 134–149), Sch. 2 on 1.7.16
Current State:	This information relates only to the provision/s amending the Inquiries Act 2014

Parliamentary Committees and Inquiries Acts Amendment Act 2015, No. 10/2015

Assent Date:	21.4.15
Commencement Date:	Ss 12–16 on 22.4.15: s. 2
Current State:	This information relates only to the provision/s amending the Inquiries Act 2014

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 71) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Inquiries Act 2014

Industrial Relations Legislation Amendment Act 2021, No. 14/2021

Assent Date:	11.5.21
Commencement Date:	Ss 27–30 on 1.7.21: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Inquiries Act 2014

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 17) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Inquiries Act 2014

Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Act 2025, No. 4 /2025

Assent Date:	25.2.25
Commencement Date:	Ss 3–6 on 26.2.25: s. 2
CurrentState:	This information relates only to the provision/s amending the Inquiries Act 2014

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3   Explanatory details

No entries at date of publication.