Integrity Oversight Victoria Regulations 2023 (Vic)
Version No. 003
Integrity Oversight Victoria Regulations 2023
S.R. No. 5/2023
Version incorporating amendments as at
25 March 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
4Revocations
5Definition
Part 2—Prescribed bodies and services
6Disclosure of information
7Prescribed support services
Part 3—Examinations
Division 1—Witnesses
8Proof of age for persons under 16 years of age
9Additional actions to be taken before questioning a witness or requiring production of documents or things
Division 2—Fees and allowances payable to witnesses
10Fees and allowances
11Attendance allowance for expert witnesses
12Attendance and general allowances for other witnesses
13Meals and accommodation
14Travelling expenses
15Evidence of expenses
Part 4—Reports on coercive questioning
16Other information which Integrity Oversight Victoria may require the IBAC to include in a report on coercive questioning
17Other information which Integrity Oversight Victoria may require the Auditor-General to include in a report on coercive questioning
18Other information which Integrity Oversight Victoria may require the Ombudsman to include in a report on coercive questioning
19Other information which Integrity Oversight Victoria may require the Information Commissioner to include in a report on coercive questioning
20Other information which Integrity Oversight Victoria may require the Wage Inspectorate Victoria to include in a report on coercive questioning
Part 5—Prescribed forms
21Confidentiality notice
22Witness summons
23Direction about witness already held in custody
24Arrest warrant
25Statement about right to apply for discharge from custody
Schedule 1—Forms
═════════════
Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 003
Integrity Oversight Victoria Regulations 2023
S.R. No. 5/2023
Version incorporating amendments as at
25 March 2025
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are to prescribe—
(a)additional actions to be taken by Integrity Oversight Victoria before a witness is asked any questions or required to produce a document or thing at an examination; and
(b)the manner of calculating the amount of assistance for witnesses attending an examination before Integrity Oversight Victoria; and
(c)additional matters which Integrity Oversight Victoria may require the IBAC, the Auditor-General, the Ombudsman, the Office of the Victorian Information Commissioner or the Wage Inspectorate Victoria to include in a written report on coercive questioning; and
(d)other matters necessary to be prescribed under the Integrity Oversight Victoria Act 2011.
2Authorising provisions
These Regulations are made under sections 103 and 104 of the Integrity Oversight Victoria Act 2011 and all other enabling powers.
3Commencement
These Regulations come into operation on 4 February 2023.
4Revocations
The following Regulations are revoked—
(a)the Victorian Inspectorate Regulations 2013[1];
(b)the Victorian Inspectorate Amendment Regulations 2014[2];
(c)the Victorian Inspectorate Amendment Regulations 2019[3].
5Definition
In these Regulations, the Act means the Integrity Oversight Victoria Act 2011.
PART 2—PRESCRIBED BODIES AND SERVICES
6Disclosure of information
For the purposes of section 36A(3)(i) of the Act, the Victorian Equal Opportunity and Human Rights Commission, continued in existence by section 154 of the Equal Opportunity Act 2010, is a prescribed body.
7Prescribed support services
For the purposes of sections 39(2)(f)(iii) and 97AA(4)(i) of the Act, the following services are prescribed for the purposes of providing crisis support, suicide prevention and mental health and wellbeing support services—
(a)Beyond Blue Ltd ACN 093 865 840;
(b)Headspace National Youth Mental Health Foundation Ltd ACN 137 533 843;
(c)Lifeline Australia ACN 081 031 263;
(d)On the Line Australia Ltd ACN 165 436 742 when trading as SuicideLine or Suicide Call Back Service;
(e)SANE Australia ACN 006 533 606.
PART 3—EXAMINATIONS
Division 1—Witnesses
8Proof of age for persons under 16 years of age
For the purposes of section 55(2) of the Act, the following constitutes proof of age—
(a)an Australian birth certificate or certified birth extract;
(b)an Australian passport;
(c)a passport issued by another country;
(d)any other document or evidence that satisfies Integrity Oversight Victoria about a person's age.
9Additional actions to be taken before questioning a witness or requiring production of documents or things
For the purposes of section 60(1)(e) of the Act, other prescribed actions that Integrity Oversight Victoria must take before a witness is asked any questions or required to produce a document or thing are—
(a)if the witness is using an interpreter, to administer an oath or affirmation to the interpreter in accordance with section 22(2) of the Evidence Act 2008; and
(b)if the witness is accompanied by a parent, guardian or an independent person, to inform the parent, guardian or independent person of the witness' rights and obligations as specified in section 54(4) of the Act.
Division 2—Fees and allowances payable to witnesses
10Fees and allowances
(1)The fees and allowances payable to witnesses at an examination are the fees and allowances set out in this Division.
(2)An amount under this Division must not be paid to—
(a)a person whose conduct is being investigated by Integrity Oversight Victoria or, in the case of a body corporate, its representative; or
(b)a prisoner of the Crown.
11Attendance allowance for expert witnesses
A witness who appears in an examination in a professional or expert capacity is entitled to reimbursement of the amount of income actually lost in attending the examination up to $300 per hour, but not exceeding $1500 per day.
12Attendance and general allowances for other witnesses
(1)This regulation applies to a witness who appears in an examination other than in a professional or expert capacity.
(2)A witness who is engaged in an income-producing occupation and loses income because of their attendance at an examination is entitled to reimbursement of the amount of income actually lost up to $100 per hour, but not exceeding $600 per day.
(3)A witness who is not engaged in an income-producing occupation but who necessarily incurs expenditure (other than childcare expenses) because of their attendance at the examination that is not provided for in regulation 13 is entitled to reimbursement of the amount of the actual expenditure incurred, up to a maximum of $50 for each day.
(4)If a witness incurs childcare expenses because of their attendance at an examination, the witness is entitled to reimbursement of those reasonable childcare expenses incurred.
13Meals and accommodation
(1)A witness who appears in an examination and who is necessarily absent from their home by reason of the attendance at the examination is entitled to be paid the following allowances for meals during their absence—
(a)if the witness is absent from their home overnight—
Capital cityAny other location Breakfast $17.70 $15.75 Lunch $19.75 $18.05 Dinner $34.05 $31.15 Total
$71.50
$64.95
;
(b)if the witness is absent for a part of a day only, departing and returning the same day—
Breakfast $12.40 Lunch $12.40 Dinner $16.50 Total
$41.30
.
(2)Despite subregulation (1), a witness is only entitled to be paid an allowance—
(a)for breakfast, if the witness is absent from their home by reason of their attendance at the examination between 7 a.m. and 9.30 a.m.; and
(b)for lunch, if the witness is absent from their home by reason of their attendance at the examination between midday and 3 p.m.; and
(c)for dinner, if the witness is absent from their home by reason of their attendance at the examination between 6 p.m. and 8 p.m.
(3)A witness who appears in an examination and who is necessarily absent from their home overnight by reason of their attendance at the examination is entitled to reimbursement of the cost incurred by the witness for alternative accommodation up to a maximum of $150 for each night of their absence.
14Travelling expenses
(1)Subject to subregulation (2), a witness who is called to appear in an examination is entitled to be paid an allowance in respect of the expense of travelling to and from the examination equal to the cost of the most economical form of transport, having regard to the following—
(a)the distance required to be travelled;
(b)the time spent travelling;
(c)whether any income was lost when travelling;
(d)any other matter Integrity Oversight Victoria considers relevant.
(2)If the witness uses their own vehicle, the witness is entitled to be paid an allowance of 18 cents for each kilometre travelled to or from the examination.
15Evidence of expenses
Integrity Oversight Victoria must not approve the payment of an amount to a witness under this Division unless the witness produces to the satisfaction of Integrity Oversight Victoria evidence—
(a)in the case of regulation 11 or 12(2), that as a result of attending the examination the witness has sustained, or will sustain, a loss of income or of time that the witness would otherwise have devoted to an income-producing occupation; and
(b)in the case of regulation 12(3) or (4) or 13(3), of the expenditure or cost incurred by the witness; and
(c)in the case of regulation 13(1), that the witness was absent from their home by reason of attendance at an examination at the relevant times; and
(d)in the case of regulation 14, of the cost of the most economical form of transport.
PART 4—REPORTS ON COERCIVE QUESTIONING
16Other information which Integrity Oversight Victoria may require the IBAC to include in a report on coercive questioning
For the purposes of section 40(1)(f) of the Act, the other prescribed matters are—
(a)the duration of the attendance of the person at the IBAC; and
(b)whether the person was under the age of 18 years and, if so, whether—
(i)the person was released because the IBAC became aware that the person was under the age of 16 years; and
(ii)a parent or guardian of the person or an independent person was present during the person's attendance; and
(iii)it reasonably appeared to the IBAC that the person exercised their right to confer with the parent, guardian or independent person, as the case may be, before giving any evidence, providing any information or producing any document or thing; and
(c)whether the IBAC believed the person to have a mental impairment and, if so, whether—
(i)an independent person was present during the person's attendance; and
(ii)it reasonably appeared to the IBAC that the person exercised their right to confer with the independent person before giving any evidence, providing any information or producing any document or thing; and
(d)whether the person had legal or other representation and, if not, whether the person was—
(i)asked if the person had sought legal advice; and
(ii)given an opportunity to seek legal advice; and
(e)whether the person appeared to the IBAC, either before or during the examination, to have sufficient knowledge of the English language to enable the person to understand the questioning during the examination and, if not, what arrangements were made for the presence of a competent interpreter; and
(f)whether, during the examination, the person made any claim of privilege or the application of a secrecy requirement and if so—
(i)the privilege or secrecy claimed; and
(ii)the outcome of the consideration of the claim by the IBAC; and
(iii)whether the IBAC withdrew the question, request for information or request for the production of a document or thing; and
(iv)whether the IBAC has applied, or intends to apply, to the Supreme Court for the claim to be determined; and
(g)whether the IBAC has issued a certificate of charge and an arrest warrant under the Independent Broad-based Anti-corruption Commission Act 2011 and if so—
(i)details of the alleged contempt of the IBAC as set out in the certificate of charge; and
(ii)whether the arrest warrant was executed; and
(iii)if the arrest warrant was executed—
(A)how long the person was or has been detained, to the extent known at the time the report is written; and
(B)the place of detention; and
(C)whether the person has applied to a bail justice for discharge from custody and, if so, whether the application has been determined and the outcome of the application; and
(iv)details of the outcome of the contempt of the IBAC being dealt with by the Supreme Court, to the extent known at the time the report is written.
17Other information which Integrity Oversight Victoria may require the Auditor-General to include in a report on coercive questioning
For the purposes of section 41(1)(f) of the Act, the other prescribed matters are—
(a)the duration of the attendance of the person at the Auditor-General; and
(b)whether the person was under the age of 18 years and, if so, whether—
(i)the person was released because the Auditor-General became aware that the person was under the age of 16 years; and
(ii)a parent or guardian of the person or an independent person was present during the person's attendance; and
(iii)it reasonably appeared to the Auditor-General that the person exercised their right to confer with the parent, guardian or independent person, as the case may be, before giving any evidence, providing any information or producing any document or thing; and
(c)whether the Auditor-General believed the person to have a mental impairment and, if so, whether—
(i)an independent person was present during the person's attendance; and
(ii)it reasonably appeared to the Auditor-General that the person exercised their right to confer with the independent person before giving any evidence, providing any information or producing any document or thing; and
(d)whether the person had legal or other representation and, if not, whether the person was—
(i)asked if the person had sought legal advice; and
(ii)given an opportunity to seek legal advice; and
(e)whether the person appeared to the Auditor-General, either before or during the examination, to have sufficient knowledge of the English language to enable the person to understand the questioning during the examination and, if not, what arrangements were made for the presence of a competent interpreter.
18Other information which Integrity Oversight Victoria may require the Ombudsman to include in a report on coercive questioning
For the purposes of section 42(1)(f) of the Act, the other prescribed matters are—
(a)the duration of the person's appearance before the Ombudsman; and
(b)whether the person was under the age of 18 years and, if so, whether—
(i)the person was released because the Ombudsman became aware that the person was under the age of 16 years; and
(ii)a parent or guardian of the person or an independent person was present during the person's appearance; and
(iii)it reasonably appeared to the Ombudsman that the person exercised their right to confer with the parent, guardian or independent person, as the case may be, before giving any evidence, providing any information or producing any document or thing; and
(c)whether the Ombudsman believed the person to have a mental impairment and, if so, whether—
(i)an independent person was present during the person's appearance; and
(ii)it reasonably appeared to the Ombudsman that the person exercised their right to confer with the independent person before giving any evidence, providing any information or producing any document or thing; and
(d)whether the person had legal or other representation and, if not, whether the person was—
(i)asked if the person had sought legal advice; and
(ii)given an opportunity to seek legal advice; and
(e)whether the person appeared to the Ombudsman, either before or during the examination, to have sufficient knowledge of the English language to enable the person to understand the questioning during the examination and, if not, what arrangements were made for the presence of a competent interpreter.
19Other information which Integrity Oversight Victoria may require the Information Commissioner to include in a report on coercive questioning
For the purposes of section 42A(1)(f) of the Act, the other prescribed matters are—
(a)the duration of the person's appearance before an officer of the Office of the Victorian Information Commissioner; and
(b)whether the person was under the age of 18 years and, if so, whether—
(i)the person was released because an officer of the Office of the Victorian Information Commissioner became aware that the person was under the age of 16 years; and
(ii)a parent or guardian of the person or an independent person was present during the person's attendance; and
(iii)it reasonably appeared to an officer of the Office of the Victorian Information Commissioner that the person exercised their right to confer with the parent, guardian or independent person, as the case may be, before giving any evidence, providing any information or producing any document or thing; and
(c)whether an officer of the Office of the Victorian Information Commissioner believed the person to have a mental impairment and, if so, whether—
(i)an independent person was present during the person's attendance; and
(ii)it reasonably appeared to the officer that the person exercised their right to confer with the independent person before giving any evidence, providing any information or producing any document or thing; and
(d)whether the person had legal or other representation and, if not, whether the person was—
(i)asked if the person had sought legal advice; and
(ii)given an opportunity to seek legal advice; and
(e)whether the person appeared to an officer of the Office of the Victorian Information Commissioner, either before or during the examination, to have sufficient knowledge of the English language to enable the person to understand the questioning during the examination and, if not, what arrangements were made for the presence of a competent interpreter.
20Other information which Integrity Oversight Victoria may require the Wage Inspectorate Victoria to include in a report on coercive questioning
For the purposes of section 42D(1)(f) of the Act, the other prescribed matters are—
(a)the duration of the attendance of the person at the Wage Inspectorate Victoria; and
(b)whether the person was under the age of 18 years and, if so, whether—
(i)the person was released because the Wage Inspectorate Victoria became aware that the person was under the age of 16 years; and
(ii)a parent or guardian of the person or an independent person was present during the person's attendance; and
(iii)it reasonably appeared to the Wage Inspectorate Victoria that the person exercised their right to confer with the parent, guardian or independent person, as the case may be, before giving any evidence, providing any information or producing any document or thing; and
(c)whether the Wage Inspectorate Victoria believed the person to have a mental impairment and, if so, whether—
(i)an independent person was present during the person's attendance; and
(ii)it reasonably appeared to the Wage Inspectorate Victoria that the person exercised their right to confer with the independent person before giving any evidence, providing any information or producing any document or thing; and
(d)whether the person had legal or other representation and, if not, whether the person was—
(i)asked if the person had sought legal advice; and
(ii)given an opportunity to seek legal advice; and
(e)whether the person appeared to the Wage Inspectorate Victoria, either before or during the examination, to have sufficient knowledge of the English language to enable the person to understand the questioning during the examination and, if not, what arrangements were made for the presence of a competent interpreter.
PART 5—PRESCRIBED FORMS
21Confidentiality notice
For the purposes of section 38(2)(a) of the Act, the prescribed form of a confidentiality notice is Form 1 in Schedule 1.
22Witness summons
For the purposes of section 54(3)(a) of the Act, the prescribed form of a witness summons is Form 2 in Schedule 1.
23Direction about witness already held in custody
For the purposes of section 57A(2)(a) of the Act, the prescribed form of a direction is Form 3 in Schedule 1.
24Arrest warrant
For the purposes of section 73(1)(b) of the Act, the prescribed form of an arrest warrant is Form 4 in Schedule 1.
25Statement about right to apply for discharge from custody
For the purposes of section 74(1)(a)(ii) of the Act, the prescribed form of a statement about applying to a bail justice for discharge from custody is Form 5 in Schedule 1.
SCHEDULE 1—FORMS
FORM 1
Regulation 21
Integrity Oversight Victoria Act 2011
CONFIDENTIALITY NOTICE
To: [insert name of person subject to confidentiality notice]
Address: [insert address details]
THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.
PENALTIES INCLUDING IMPRISONMENT MAY APPLY.
1. What is this confidentiality notice?
This confidentiality notice is issued under section 38 of the Integrity Oversight Victoria Act 2011 in respect of the following restricted matters:
[Describe the investigation to which the confidentiality notice relates.]
[Specify the restricted matter or matters including how the restricted matter relates to the recipient.]
Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed "When are you authorised to disclose information?".
If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
You should also note that additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.
2. Why have you been given this confidentiality notice?
You have been given this confidentiality notice because Integrity Oversight Victoria considers that your disclosure of any of the restricted matters described above would be likely to prejudice:
*· an investigation being conducted by Integrity Oversight Victoria; or
*· the safety or reputation of a person; or
*· the fair trial of a person who has been, or may be, charged with an offence.
3. When are you authorised to disclose information?
Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.
If a person or an organisation does not appear under "You can disclose this restricted matter:" or under "Can you disclose in any other circumstances?", then you cannot disclose the restricted matter to that person or organisation. For example, if "your spouse or domestic partner" does not appear under those headings, then you cannot disclose the restricted matter to your spouse or domestic partner.
| Restricted matter: [Specify restricted matter or matters] | You can disclose this restricted matter: * ✓ to your spouse or domestic partner. * ✓ to your employer or your manager or both. * ✓ to a registered health practitioner or a prescribed service providing crisis support, suicide prevention and mental health and wellbeing services for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. |
| * ✓ to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✓ for the purpose of an application to the Fair Work Commission, including any related proceeding. Integrity Oversight Victoria has directed that you cannot disclose this restricted matter: * ✗ to your spouse or domestic partner. * ✗ to your employer or your manager. * ✗ to a registered health practitioner or a prescribed service providing crisis support, suicide prevention and mental health and wellbeing services for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✗ to a trade union. * ✗ to an employee assistance program. * ✗ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✗ for the purpose of an application to the Fair Work Commission, including any related proceeding. |
[Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above.]
Can you disclose in any other circumstances?
You are always permitted to disclose a restricted matter in the following circumstances:
·to Victoria Police, if:
·Integrity Oversight Victoria has disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct; and
·the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct;
·if Integrity Oversight Victoria directs you or authorises you to disclose a restricted matter;
·if the disclosure is authorised or required by the Integrity Oversight Victoria Act 2011;
·if the disclosure is necessary for you to obtain any information, document or other thing to comply with this confidentiality notice or a witness summons or an order of the Supreme Court extending a confidentiality notice, including:
·to an interpreter if you do not know enough English to understand the nature of a witness summons, this confidentiality notice, or an order extending a confidentiality notice;
·to a parent, guardian or independent person if you are under the age of 18 years;
·to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding a witness summons, this confidentiality notice, or an order extending a confidentiality notice;
·to a legal practitioner for the purpose of obtaining legal advice or representation in relation to this notice, a witness summons or an order extending a confidentiality notice, or your rights, liabilities, obligations and privileges under:
·the Integrity Oversight Victoria Act 2011;
·the Public Interest Disclosures Act 2012;
·the Ombudsman Act 1973;
·the Independent Broad‑based Anti-corruption Commission Act 2011;
·the Fair Work Act 2009 of the Commonwealth;
unless Integrity Oversight Victoria has restricted you from being represented by or obtaining advice from that legal practitioner;
·if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;
·if the restricted matter disclosed is information that has been made public in accordance with the Integrity Oversight Victoria Act 2011 or any other Act;
·if the restricted matter disclosed is information that has been published in a report by Integrity Oversight Victoria, the Integrity and Oversight Committee or any of the following investigating entities:
· the Independent Broad-based Anti-corruption Commission;
· Victoria Police;
· the Victorian Ombudsman;
· the Judicial Commission, including an investigating panel appointed by the Judicial Commission;
· the Racing Integrity Commissioner;
· the Information Commissioner;
· the Chief Municipal Inspector;
· the Parliamentary Workplace Standards and Integrity Commission.
Your obligations if you make a permitted disclosure
If you disclose information about a restricted matter to another person because the disclosure is permitted, you must, when making that disclosure, give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
4. When does this confidentiality notice expire or otherwise cease to have effect?
This confidentiality notice expires or otherwise ceases to have effect on the date when the first of the following events occurs:
·Integrity Oversight Victoria cancels this confidentiality notice and issues you with a new one that includes different restricted matters;
·Integrity Oversight Victoria cancels this confidentiality notice and issues you with a new one because it believes that it is no longer necessary to restrict disclosure of one or more restricted matters in this confidentiality notice;
·Integrity Oversight Victoria cancels this confidentiality notice because it believes that it is no longer necessary to restrict disclosure of any restricted matters in this confidentiality notice;
·unless the Supreme Court has ordered the extension of this confidentiality notice, 5 years after the first confidentiality notice about the current investigation was issued;
·if the date on which this confidentiality notice expires or otherwise ceases to have effect is extended by the Supreme Court, the date on which the period of extension expires.
5. Where can I get more information about this confidentiality notice?
A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.
You can also obtain legal advice about this confidentiality notice from a legal practitioner, unless Integrity Oversight Victoria has restricted you from being represented by or taking advice from a specified legal practitioner.
[attach a copy of section 38(3) to (8) and section 39 of the Integrity Oversight Victoria Act 2011 and an explanation of the effect of those provisions]
[signature]
[name]
[title]
Date: [insert date]
*Delete if not applicable.
FORM 2
Regulation 22
Integrity Oversight Victoria Act 2011
WITNESS SUMMONS
To: [insert name of person to whom witness summons is directed]
Address: [insert address details]
THIS WITNESS SUMMONS IS IMPORTANT.
PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS WITNESS SUMMONS
MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY.
*A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS WITNESS SUMMONS. PLEASE READ IT BEFORE DISCUSSING THIS WITNESS SUMMONS WITH ANYONE.
*You should note that your right to disclose the existence of this witness summons may be limited by the attached confidentiality notice.
In accordance with section 53 of the Integrity Oversight Victoria Act 2011, Integrity Oversight Victoria requires you to attend an examination.
When is the examination?
You must attend at Integrity Oversight Victoria *[insert address] or via an audio visual link or audio link provided by Integrity Oversight Victoria *immediately/*on [insert date] at [insert time] *a.m./*p.m. and from day to day unless excused or released from further attendance.
What will the examination cover?
You will be required:
* to give evidence before Integrity Oversight Victoria *in relation to [state nature of the matters about which the witness is to be questioned, except to the extent that Integrity Oversight Victoria considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest];
* to produce for examination by Integrity Oversight Victoria the following documents or things that are in your possession or control:
[specify documents or things and, if attendance is to be by means of audio visual link or audio link, how they are to be produced];
* to give evidence before Integrity Oversight Victoria *in relation to [state nature of the matters about which the witness is to be questioned, except to the extent that Integrity Oversight Victoria considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest] and to produce for examination by Integrity Oversight Victoria the following documents or things that are in your possession or control:
[specify documents or things and, if attendance is to be by means of audio visual link or audio link, how they are to be produced].
[signature]
[name]
[title]
Date: [insert date]
[attach statement outlining specified matters with respect to the witness summons and a copy of any relevant confidentiality notice]
*Delete if not applicable.
FORM 3
Regulation 23
Integrity Oversight Victoria Act 2011
DIRECTION ABOUT A WITNESS ALREADY HELD IN CUSTODY
TO: [insert name of person in charge of place where witness is held in custody]
AT: [insert name and address of place where person is held in custody]
In accordance with section 57A of the Integrity Oversight Victoria Act 2011 (the Act), I direct that [name of person held in custody] born on [insert date of birth of person held in custody] who is detained at [insert name of place where person is held in custody] be delivered into the custody of [insert name of person to whom the person in custody is to be delivered] to be brought before Integrity Oversight Victoria
AT: [insert address to which person in custody is to be brought]
ON: [insert date on which person in custody is to be brought]
AT: [insert time when person in custody is to be brought]
to *provide information/*produce a document or thing/*give evidence as required by the witness summons issued for the purposes of an investigation under Part 6 of the Act and directed to the person who is the subject of this direction.
Note: If the person who is the subject of this direction is under the age of 16 years at the date this direction is given, this direction is of no effect and the person is not required to attend Integrity Oversight Victoria.
[signature]
[name]
[title]
Date: [insert date]
*Delete if not applicable.
FORM 4
Regulation 24
Integrity Oversight Victoria Act 2011
ARREST WARRANT
TO: [insert name of member of police force, or all members of the police force]
Under section 73 of the Integrity Oversight Victoria Act 2011, Integrity Oversight Victoria has issued a certificate of charge, charging [name] of [address] with contempt of Integrity Oversight Victoria under the Integrity Oversight Victoria Act 2011.
You are authorised to:
·arrest [name] of [address]; and
·bring the person before the Supreme Court without delay to be dealt with according to law; and
·detain the person in police custody in the meantime.
[signature]
[name]
[title]
Date: [insert date]
FORM 5
Regulation 25
Integrity Oversight Victoria Act 2011
STATEMENT OF YOUR RIGHT TO APPLY FOR DISCHARGE FROM CUSTODY
This statement is issued in accordance with section 74 of the Integrity Oversight Victoria Act 2011.
You have been arrested for contempt of Integrity Oversight Victoria.
Because it is not practicable to bring you before the Supreme Court without delay, you are entitled to apply to a bail justice for discharge from custody on bail.
If you want to apply for discharge from custody, you must advise the person in charge of the place where you are being detained.
If you do apply for discharge from custody, the person in charge of the place where you are being detained must ensure you are brought before a bail justice as soon as practicable.
The bail justice may order that you be discharged from custody in accordance with the Bail Act 1977. The person in charge of the place where you are being detained must abide by that order.
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Victorian Inspectorate Regulations 2023, S.R. No. 5/2023 were made on 31 January 2023 by the Governor in Council under sections 103 and 104 of the Victorian Inspectorate Act 2011, No. 70/2011 and came into operation on 4 February 2023: regulation 3.
The Victorian Inspectorate Regulations 2023 will sunset 10 years after the day of making on 31 January 2024 (see section 5 of the Subordinate Legislation Act 1994).
The title of this Statutory Rule was changed from the Victorian Inspectorate Regulations 2023 to the Integrity Oversight Victoria Regulations 2023 by regulation 4 of the Victorian Inspectorate Amendment Regulations 2025, S.R. No. 11/2025.
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Integrity Oversight Victoria Regulations 2023 by statutory rules, subordinate instruments and Acts.
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Victorian Inspectorate Amendment Regulations 2024, S.R. No. 121/2024
Date of Making: 29.10.24 Date of Commencement: 1.11.24: reg. 3
Victorian Inspectorate Amendment Regulations 2025, S.R. No. 11/2025
Date of Making: 25.3.25 Date of Commencement: 25.3.25
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3 Explanatory details
[1] Reg. 4(a): S.R. No. 6/2013 as amended by S.R. Nos 6/2013, 151/2014 and 160/2019.
[2] Reg. 4(b): S.R. No. 151/2014.
[3] Reg. 4(c): S.R. No. 160/2019.
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Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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