Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Act 2025 (Vic)
Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Act 2025
No. 4 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Inquiries Act 2014
3Definitions
4New Division 14 of Part 2 inserted
5Transfer of records
6Section 125 amended
Part 3—Amendment of Public Records Act 1973
7New section 10AAB inserted
Part 4—Repeal of this Act
8Repeal of this Act
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Endnotes
1 General information
Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Act 2025
No. 4 of 2025
[Assented to 25 February 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Inquiries Act 2014—
(i)to provide for the Yoorrook Justice Commission to make orders to close or restrict access to certain records once the Commission ceases to exist; and
(ii)in relation to the treatment of the records of a Royal Commission, Board of Inquiry or Formal Review that has ceased to exist; and
(b)to amend the Public Records Act 1973 to give effect to orders made by the Yoorrook Justice Commission to close or restrict access to certain records.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
PART 2—AMENDMENT OF INQUIRIES ACT 2014
3Definitions
In section 3 of the Inquiries Act 2014—
(a)insert the following definitions—
"Keeper of Public Records means the Keeper of the Public Records referred to in section 6 of the Public Records Act 1973;
Public Record Office means the Public Record Office established under section 3 of the Public Records Act 1973;
record has the same meaning as in section 2(1) of the Public Records Act 1973;
Secretary means the Secretary to the Department of Premier and Cabinet;
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).";
(b)in the definition of worker, in paragraph (b), for "undertaking." substitute "undertaking;".
4New Division 14 of Part 2 inserted
After Division 13 of Part 2 of the Inquiries Act 2014 insert—
"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.".
5Transfer of records
(1)After section 124(1) of the Inquiries Act 2014 insert—
"(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)In section 124(2) of the Inquiries Act 2014, for "Despite subsection 8A of the Public Records Act 1973, the Department of Premier and Cabinet or other public office" substitute "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".
(3)For section 124(4) of the Inquiries Act 2014 substitute—
"(4)Section 8A of the Public Records Act 1973 does not apply to a record to which this section applies.".
(4)In section 124(5) of the Inquiries Act 2014—
(a)insert the following definition—
"responsible person means a person who is specified in relation to a public office in a determination under this section.";
(b)in the definition of public office, for "1973." substitute "1973;".
6Section 125 amended
(1)In the heading to section 125 of the Inquiries Act 2014, for "Exemption" substitute "Exemptions".
(2)After section 125(1) of the Inquiries Act 2014 insert—
"(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.".
PART 3—AMENDMENT OF PUBLIC RECORDS ACT 1973
7New section 10AAB inserted
After section 10AA of the Public Records Act 1973 insert—
"10AAB Yoorrook Justice Commission record order
(1)The Keeper of Public Records must comply with a Yoorrook Justice Commission record order to the extent that it is reasonably practicable to do so.
(2)The Keeper of Public Records must ensure that a record in respect of which a Yoorrook Justice Commission record order has been made is available for inspection by any person who is specified in that order as an author of the record.
(3)If a person who is specified as an author of a record in a Yoorrook Justice Commission record order requests a copy of the record in respect of which the order was made, the Keeper of Public Records must give that person a copy of the record.
(4)The Keeper of Public Records must ensure that an employee referred to in section 6(1) does not access a record in respect of which a Yoorrook Justice Commission record order has been made unless it is for any one or more of the following purposes—
(a)the transfer of the record to the custody of the Public Record Office;
(b)the maintenance and security of the record;
(c)the preservation of the record;
(d)to respond to a requirement to produce the record to a court or Victorian tribunal;
(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;
(f)to respond to a request for the record made under the Freedom of Information Act 1982;
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 period of 99 years, beginning on the day on which the document is transferred to the Department of Premier and Cabinet under section 124 of the Inquiries Act 2014—see section 125 of the Inquiries Act 2014.
(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;
(h)to make the record available in accordance with the order or to otherwise comply with the order.
(5)The Keeper of Public Records 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 (4).
(6)In subsection (4)—
(a)a reference to responding to a request or requirement for a record includes a reference to assisting in the response to a request or requirement for the record; and
(b)a reference to a request for a record includes a request for a class of records that includes the record.
(7)In this section—
Yoorrook Justice Commission record order has the same meaning as in section 3 of the Inquiries Act 2014.".
PART 4—REPEAL OF THIS ACT
8Repeal of this Act
This Act is repealed on the first anniversary of its commencement.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up‑to‑date legislative information.
Minister's second reading speech—
Legislative Assembly: 13 November 2024
Legislative Council: 28 November 2024
The long title for the Bill for this Act was "A Bill for an Act to amend the Inquiries Act 2014 and the Public Records Act 1973 in relation to the Yoorrook Justice Commission and for other purposes."
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