Special Investigator Repeal Act 2023 (Vic)
Version No. 001
Special Investigator Repeal Act 2023
No. 31 of 2023
Version as at
2 February 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Act binds the Crown
Part 2—Repeal of Special Investigator Act 2021
Division 1—Repeal
4Repeal
Division 2—Office of the Special Investigator
5Office of the Special Investigator abolished
6Special Investigator appointment revoked
7Transfer of assets and liabilities
8Transfer of proceedings, etc.
9Transfer of records
10Final report
Division 3—Transitional and savings provisions
11Continued immunity of former OSI officers
12Continued prohibition on compelling former OSI officers as witnesses
13Continued offence—Unauthorised use or disclosure of Office of Special Investigator information
14Continued offence—Offence to cause or threaten harm or detriment to person who assists Office of the Special Investigator or OSI officer
15Continued application of certain provisions
16Freedom of information
17Regulations dealing with transitional matters
Part 3—Consequential amendment of Victorian Inspectorate Act 2011
Division 1—Amendment of Victorian Inspectorate Act 2011
18Definitions
19Objects of Act
20Functions of the Victorian Inspectorate
21Delegation
22Disclosure of information by the Victorian Inspectorate
23Complaints
24Investigation of complaint
25Own motion investigation
26Conduct of investigation
27Requirement to provide assistance
28Persons to provide assistance
29Conduct of inquiry
30Content and form of witness summons
31Legal representation of witnesses and other persons
32Powers of entry, inspection and seizure
33Act applies equally to attendance in person or by audio visual link or audio link
34Privileges and secrecy generally
35Sections 85H and 85I repealed
36Recommendations must not include information likely to identify person who makes an assessable disclosure
37Special reports
38Advice to a complainant
39Outcome of investigation
40Matters to be included in annual report
41Exemption from Freedom of Information Act 1982
42Regulations—specific matters
Division 2—Transitional and savings provisions
43Victorian Inspectorate may continue to receive complaints for further 6 months
44Victorian Inspectorate may continue to report on actions taken for further 6 months
45Victorian Inspectorate may continue to investigate conduct for further 18 months
46Victorian Inspectorate may continue to make recommendations and report on investigations for further 2 years
47Access to records
48Continued exemption from Freedom of Information Act 1982
Division 3—Repeal of this Part
49Repeal of this Part
Part 4—Consequential amendment of Public Interest Disclosures Act 2012
Division 1—Amendment of Public Interest Disclosures Act 2012
50Definitions
51Persons or bodies to which certain public interest disclosures must be made
52Notification of disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee
53Assessment of disclosure and determination by the Victorian Inspectorate
54Functions and powers of the Victorian Inspectorate
55Schedule 2 amended
Division 2—Transitional and savings provisions
56Public interest disclosures to be made to Victorian Inspectorate for further 6 months
57Public interest disclosures previously made or determined
Division 3—Repeal of this Part
58Repeal of this Part
Part 5—Consequential amendment of other Acts
Division 1—Amendment of Independent Broad‑based Anti-corruption Commission Act 2011
59Definitions
60Unauthorised disclosures or provision of information
61Conduct of Chief Commissioner of Police, Deputy Commissioner of Police or Assistant Commissioner of Police
62Referral of complaint or notification for investigation by another person or body
63Information to be provided with referral
Division 2—Amendment of Police Informants Royal Commission Implementation Monitor Act 2021
64Definitions
65Functions
Division 3—Amendment of Public Administration Act 2004
66What are special bodies?
67Persons with functions of public service body Head
Division 4—Amendment of Surveillance Devices Act 1999
68Definitions
Division 5—Amendment of Witness Protection Act 1991
69Definitions
70Information not to be disclosed
71Privilege of matters and things relating to performance of duties in accordance with this Act
Division 6—Repeal of this Part
72Repeal of this Part
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Special Investigator Repeal Act 2023
No. 31 of 2023
Version as at
2 February 2024
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to repeal the Special Investigator Act 2021; and
(b)to abolish the Office of the Special Investigator; and
(c)to make necessary transitional arrangements; and
(d)to continue in operation certain offences; and
(e)to make consequential and related amendments to other Acts.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 30 June 2024, it comes into operation on that day.
3Act binds the Crown
(1)This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.
(2)The Crown is a body corporate for the purposes of this Act and the regulations.
PART 2—REPEAL OF SPECIAL INVESTIGATOR ACT 2021
Division 1—Repeal
4Repeal
The Special Investigator Act 2021 is repealed.
Division 2—Office of the Special Investigator
5Office of the Special Investigator abolished
The Office of the Special Investigator established by section 6 of the Special Investigator Act 2021 is abolished.
6Special Investigator appointment revoked
A person holding office as the Special Investigator under the Special Investigator Act 2021 immediately before the commencement of this Part—
(a)ceases to hold that office; and
(b)is not entitled to any remuneration or compensation because of the loss of that office.
7Transfer of assets and liabilities
(1)All assets, property and rights vested in or held by the Office of the Special Investigator immediately before the commencement of this Part vest, by force of this subsection, in the State.
(2)All liabilities of the Office of the Special Investigator, including contingent, prospective or inchoate liabilities, existing immediately before the commencement of this Part become, by force of this subsection, liabilities of the State.
(3)The State, by force of this subsection, is substituted as a party to any current contract, agreement, lease, memorandum of understanding or other arrangement to which the Office of the Special Investigator was a party immediately before the commencement of this Part.
(4)Subsection (3) does not limit or affect the operation of a termination provision in the contract, agreement, lease, memorandum of understanding or other arrangement.
8Transfer of proceedings, etc.
(1)The State, by force of this subsection, is substituted as a party to any proceeding to which the Office of the Special Investigator was a party immediately before the commencement of this Part.
(2)The State, by force of this subsection, is substituted as the addressee for any subpoena issued in a proceeding to the Office of the Special Investigator or an OSI officer to give evidence or produce documents in that proceeding.
9Transfer of records
(1)Except as provided under this or any other Act, all records held by the Office of the Special Investigator immediately before the commencement of this Part are to be transferred to the public office that is the Department of Justice and Community Safety unless the
Attorney-General, by instrument, determines that they are to be transferred to another public office.
Note
Public interest disclosures are transferred to the IBAC under section 57(2).
(2)Despite section 8A of the Public Records Act 1973, the public office that is the Department of Justice and Community Safety or other public office (as the case requires) must cause any record of the Office of the Special Investigator that the Keeper of Public Records has selected as worthy of preservation to be transferred to the custody of the Public Record Office as soon as reasonably practicable after receiving it.
(3)Records transferred to the public office that is the Department of Justice and Community Safety, 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 Office of the Special Investigator.
(4)This section is subject to any arrangements made under section 2B(b) of the Public Records Act 1973.
(5)In this section—
Keeper of Public Records has the same meaning as in the Public Records Act 1973;
public office has the same meaning as in the Public Records Act 1973;
Public Record Office means the office established by section 3 of the Public Records Act 1973.
10Final report
(1)Despite anything to the contrary in the Financial Management Act 1994, the Secretary to the Department of Justice and Community Safety must ensure that the following is prepared, in accordance with Part 7 of that Act—
(a)a report of the operations of the Office of the Special Investigator during the period beginning on 1 July 2023 and ending on the day that this Part commences;
(b)financial statements of the Office of the Special Investigator for that period.
(2)The report under subsection (1)(a) must include, for the period beginning on 1 July 2023 and ending on the day that this Part commences—
(a)the number of investigations carried out by the Office of the Special Investigator under Divisions 1 and 2 of Part 3 of the Special Investigator Act 2021 as in force immediately before its repeal; and
(b)the matters specified in section 69 of the Public Interest Disclosures Act 2012.
(3)The report and financial statements prepared under subsection (1) must be incorporated in and consolidated with those of the Department of Justice and Community Safety for the financial year that includes the day that this Part commences.
Division 3—Transitional and savings provisions
11Continued immunity of former OSI officers
Despite the repeal of the Special Investigator Act 2021, section 26 of that Act as in force immediately before its repeal continues in operation as if—
(a)it had not been repealed; and
(b)a reference to "OSI officer" included a reference to "a person who was at any time an OSI officer".
12Continued prohibition on compelling former OSI officers as witnesses
Despite the repeal of the Special Investigator Act 2021, section 76 of that Act as in force immediately before its repeal continues in operation as if—
(a)it had not been repealed; and
(b)a reference to "OSI officer" included a reference to "a person who was at any time an OSI officer".
13Continued offence—Unauthorised use or disclosure of Office of Special Investigator information
Despite the repeal of the Special Investigator Act 2021, section 89 of that Act as in force immediately before its repeal continues in operation, and that offence continues to apply, as if section 89 had not been repealed.
14Continued offence—Offence to cause or threaten harm or detriment to person who assists Office of the Special Investigator or OSI officer
Despite the repeal of the Special Investigator Act 2021, section 90 of that Act as in force immediately before its repeal continues in operation, and that offence continues to apply, as if section 90 had not been repealed.
15Continued application of certain provisions
For the purposes of sections 89 and 90 as continued under this Division, the following sections of the Special Investigator Act 2021 as in force immediately before its repeal continue to apply despite their repeal—
(a)sections 93, 94, 95 and 96;
(b)any other sections necessary to give effect to those sections and the continued offences.
16Freedom of information
(1)If before the commencement of this Part—
(a)a request was made to the Office of the Special Investigator under the Freedom of Information Act 1982 for access to a document; and
(b)the Office of the Special Investigator has not dealt with that request—
the request, on the commencement of this Part, is taken to be transferred under section 18(2) of the Freedom of Information Act 1982 to the agency that is the Department of Justice and Community Safety.
(2)For the purposes of an application under section 49A or 50 of the Freedom of Information Act 1982, a decision of the Office of the Special Investigator is taken to be a decision of the Secretary to the Department of Justice and Community Safety.
17Regulations dealing with transitional matters
(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act (including the repeals and amendments made by this Act).
(2)Regulations made under this section may—
(a)have a retrospective effect to the date of Royal Assent of this Act; and
(b)be of limited or general application; and
(c)leave any matter or thing to be decided by a specified person or class of person; and
(d)provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.
(3)Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.
(4)This section is repealed on the second anniversary of its commencement.
PART 3—CONSEQUENTIAL AMENDMENT OF VICTORIAN INSPECTORATE ACT 2011
Division 1—Amendment of Victorian Inspectorate Act 2011
18Definitions
In section 3(1) of the Victorian Inspectorate Act 2011, the definitions of Office of the Special Investigator, OSI officer, OSI personnel and Special Investigator are repealed.
19Objects of Act
In section 5 of the Victorian Inspectorate Act 2011—
(a)in paragraph (i), for "officers; and" substitute "officers.";
(b)paragraph (j) is repealed.
20Functions of the Victorian Inspectorate
Section 11(8) of the Victorian Inspectorate Act 2011 is repealed.
21Delegation
Section 27(1)(lc) of the Victorian Inspectorate Act 2011 is repealed.
22Disclosure of information by the Victorian Inspectorate
Section 36A(3)(ea) of the Victorian Inspectorate Act 2011 is repealed.
23Complaints
Section 43(11) and (12) of the Victorian Inspectorate Act 2011 are repealed.
24Investigation of complaint
(1)Section 44(6C) of the Victorian Inspectorate Act 2011 is repealed.
(2)In section 44(7) of the Victorian Inspectorate Act 2011, for "(6A), (6B) and (6C)" substitute "(6A) and (6B)".
25Own motion investigation
Section 46(7) of the Victorian Inspectorate Act 2011 is repealed.
26Conduct of investigation
(1)Section 47(4D) and (9A) of the Victorian Inspectorate Act 2011 are repealed.
(2)In section 47(10) of the Victorian Inspectorate Act 2011, for "(4A)(d), (4B)(d) or (4D)(d)" substitute "(4A)(d) or (4B)(d)".
27Requirement to provide assistance
Section 48(8) of the Victorian Inspectorate Act 2011 is repealed.
28Persons to provide assistance
In section 48E of the Victorian Inspectorate Act 2011, for "Ombudsman, the Chief Examiner and the Office of the Special Investigator" substitute "Ombudsman and the Chief Examiner".
29Conduct of inquiry
In section 50(d) of the Victorian Inspectorate Act 2011, for "premises, VAGO premises or Office of the Special Investigator" substitute "premises or VAGO".
30Content and form of witness summons
In section 54(4) of the Victorian Inspectorate Act 2011—
(a)paragraph (g)(viii) is repealed;
(b)in paragraph (i), for "Commissioner, a member of Victoria Police personnel or an OSI personnel," substitute "Commissioner or a member of Victoria Police personnel,".
31Legal representation of witnesses and other persons
In section 58(2)(c) and (d) and (8)(c) and (d) of the Victorian Inspectorate Act 2011, for "Inspectorate, the Office of the Victorian Information Commissioner or the Office of the Special Investigator" substitute "Inspectorate or the Office of the Victorian Information Commissioner".
32Powers of entry, inspection and seizure
Section 63(13) and (14) of the Victorian Inspectorate Act 2011 are repealed.
33Act applies equally to attendance in person or by audio visual link or audio link
In section 67A(1)(b) and (2)(b) of the Victorian Inspectorate Act 2011, for "(4A)(d), (4B)(d) or (4D)(d)" substitute "(4A)(d) or (4B)(d)".
34Privileges and secrecy generally
Section 68(13) and (14) of the Victorian Inspectorate Act 2011 are repealed.
35Sections 85H and 85I repealed
Sections 85H and 85I of the Victorian Inspectorate Act 2011 are repealed.
36Recommendations must not include information likely to identify person who makes an assessable disclosure
In section 86(1) of the Victorian Inspectorate Act 2011, for "85F, 85G, 85H or 85I" substitute "85F or 85G".
37Special reports
Section 87(6B) of the Victorian Inspectorate Act 2011 is repealed.
38Advice to a complainant
(1)In section 88(1)(b) of the Victorian Inspectorate Act 2011, for "85, 85E or 85H(1) or (3)" substitute "85 or 85E".
(2)Section 88(3)(ib) of the Victorian Inspectorate Act 2011 is repealed.
39Outcome of investigation
Section 89(9) of the Victorian Inspectorate Act 2011 is repealed.
40Matters to be included in annual report
(1)In section 91(1) of the Victorian Inspectorate Act 2011—
(a)in paragraph (v), for "taken;" substitute "taken.";
(b)paragraph (w) is repealed.
(2)Section 91(9B) of the Victorian Inspectorate Act 2011 is repealed.
41Exemption from Freedom of Information Act 1982
In section 102(2) of the Victorian Inspectorate Act 2011, in the definition of relevant person or body—
(a)in paragraph (q), for "officer;" substitute "officer.";
(b)paragraphs (r) and (s) are repealed.
42Regulations—specific matters
In section 104(j) of the Victorian Inspectorate Act 2011, omit "or 85I(3)(g)".
Division 2—Transitional and savings provisions
43Victorian Inspectorate may continue to receive complaints for further 6 months
(1)Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Victorian Inspectorate Act 2011 by this Part, a person may make a complaint in accordance with section 43(11) of that Act as in force immediately before its amendment.
(2)A complaint referred to in subsection (1) must be made within 6 months after the commencement of this Part.
(3)For the purposes of subsection (1), the following sections of the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part continue to apply as if those sections had not been amended or repealed—
(a)section 3(1);
(b)section 11(8)(b);
(c)section 43(11) and (12);
(d)any other sections that are necessary for the operation of a section specified in paragraph (a) to (c) or for the Victorian Inspectorate to properly receive the person's complaint.
(4)In subsection (3), a reference to a section includes a regulation made for the purposes of that section.
44Victorian Inspectorate may continue to report on actions taken for further 6 months
Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Victorian Inspectorate Act 2011 by this Part, section 91(1)(w) of the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part continues to apply for 6 months after the commencement of this Part as if it had not been repealed.
45Victorian Inspectorate may continue to investigate conduct for further 18 months
(1)Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Victorian Inspectorate Act 2011 by this Part, the Victorian Inspectorate may investigate the conduct of the Office of the Special Investigator and OSI personnel up to 18 months after the commencement of this Part.
(2)For the purposes of subsection (1), the following sections of the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part continue to apply as if those sections had not been amended or repealed—
(a)section 3(1);
(b)section 11(8)(c) and (d);
(c)section 46(7);
(d)section 47(4D), as if a reference to "the records of the Office of the Special Investigator" included a reference to "the records transferred in accordance with section 9 of the Special Investigator Repeal Act 2023";
(e)section 47(10);
(f)section 54(4)(g)(viii), as if a reference to "the Office of the Special Investigator" included a reference to "the Crown";
(g)section 54(4)(i);
(h)section 67A(1)(b) and (2)(b);
(i)section 68(13);
(j)section 68(14), as if a reference to "the Special Investigator" or "the Office of the Special Investigator" included a reference to "the Crown";
(k)any other sections that are necessary for the operation of a section specified in paragraphs (a) to (j) or for the Victorian Inspectorate to effectively investigate the conduct.
(3)In subsection (2), a reference to a section includes a regulation made for the purposes of that section.
46Victorian Inspectorate may continue to make recommendations and report on investigations for further 2 years
(1)Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Victorian Inspectorate Act 2011 by this Part, the Victorian Inspectorate may report on, and make recommendations in relation to, an investigation into the conduct of the Office of the Special Investigator and OSI personnel until the second anniversary of the commencement of this Part.
(2)For the purposes of subsection (1), the following sections of the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part continue to apply as if those sections had not been amended or repealed—
(a)section 3(1);
(b)section 11(8)(e), as if a reference to "paragraphs (a), (b), (c) and (d)" were a reference to "paragraphs (b), (c) and (d)";
(c)section 85H(1) to (3), as if a reference to "the Office of the Special Investigator" were a reference to "the Attorney-General";
(d)section 85I(3);
(e)section 86;
(f)section 89(9)(a) and (c) to (m), as if a reference to "the Office of the Special Investigator" were a reference to "the Attorney-General";
(g)section 104(j);
(h)any other sections that are necessary for the operation of a section specified in paragraphs (a) to (g) or for the Victorian Inspectorate to effectively report on and make recommendations in relation to an investigation.
(3)In subsection (2), a reference to a section includes a regulation made for the purposes of that section.
47Access to records
The Victorian Inspectorate may access, receive, assess and deal with the records of the Office of the Special Investigator for the purposes of performing its functions under the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part regardless of who is the custodian of those records.
48Continued exemption from Freedom of Information Act 1982
Despite the amendment of the Victorian Inspectorate Act 2011 by this Part, paragraph (r) of the definition of relevant person or body in section 102(2) of that Act continues to apply in respect of a document transferred to the public office that is the Department of Justice and Community Safety under section 9 of this Act as if a reference in paragraph (r) of the definition of relevant person or body in section 102(2) to "the Office of the Special Investigator" were a reference to "the Department of Justice and Community Safety".
Division 3—Repeal of this Part
49Repeal of this Part
This Part is repealed on the third anniversary of its commencement.
Note
The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
PART 4—CONSEQUENTIAL AMENDMENT OF PUBLIC INTEREST DISCLOSURES ACT 2012
Division 1—Amendment of Public Interest Disclosures Act 2012
50Definitions
In section 3 of the Public Interest Disclosures Act 2012—
(a)paragraph (i) of the definition of investigating entity is repealed;
(b)the definitions of Office of the Special Investigator, OSI officer and Special Investigator are repealed.
51Persons or bodies to which certain public interest disclosures must be made
In section 14 of the Public Interest Disclosures Act 2012—
(a)in paragraph (b)—
(i)in subparagraph (iii), for "Monitor; or" substitute "Monitor;";
(ii)subparagraphs (iv) and (v) are repealed;
(b)for paragraph (d) substitute—
"(d)to the IBAC or to Victoria Police, if the disclosure relates to a member of Victoria Police personnel, other than the Chief Commissioner of Police;";
(c)paragraph (da) is repealed.
52Notification of disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee
Section 21(4)(ba) of the Public Interest Disclosures Act 2012 is repealed.
53Assessment of disclosure and determination by the Victorian Inspectorate
In section 31(1) of the Public Interest Disclosures Act 2012, for ", a Public Interest Monitor, the Office of the Special Investigator or an OSI officer" substitute "or a Public Interest Monitor".
54Functions and powers of the Victorian Inspectorate
In section 56(1)(a) of the Public Interest Disclosures Act 2012, for ", Public Interest Monitors, the Office of the Special Investigator or OSI officers" substitute "or Public Interest Monitors".
55Schedule 2 amended
In the Table in Schedule 2 to the Public Interest Disclosures Act 2012, item 9 is repealed.
Division 2—Transitional and savings provisions
56Public interest disclosures to be made to Victorian Inspectorate for further 6 months
(1)Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Public Interest Disclosures Act 2012 by this Part, a public interest disclosure—
(a)made within 6 months after the commencement of this Part; and
(b)relating to the Office of the Special Investigator or a former OSI officer—
must be made to the Victorian Inspectorate in accordance with section 14(b) of the Public Interest Disclosures Act 2012 as in force immediately before its amendment.
(2)For the purposes of subsection (1), the following sections of the Public Interest Disclosures Act 2012 as in force immediately before the commencement of this Part apply as if those sections had not been amended or repealed—
(a)section 3;
(b)section 14(b)(iv) and (v);
(c)section 21(4)(ba);
(d)section 31(1);
(e)section 56(1)(a).
(3)In subsection (2)—
(a)a reference in a section to "an OSI officer" includes a reference to "a former OSI officer"; and
(b)a reference to a section includes a regulation made for the purposes of that section.
57Public interest disclosures previously made or determined
(1)Despite the amendment of the Public Interest Disclosures Act 2012 by this Part, if a public interest disclosure or public interest complaint relating to—
(a)a member of Victoria Police personnel and conduct arising from, or out of, the use of Nicola Maree Gobbo as a human source within the meaning of the Special Investigator Act 2021 as in force immediately before its repeal; or
(b)the Office of the Special Investigator or an OSI officer within the meaning of the Special Investigator Act 2021 as in force immediately before its repeal—
was made or determined before the commencement of this Part, the Public Interest Disclosures Act 2012 applies in respect of the disclosure or complaint as if it had not been so amended.
(2)For the purposes of subsection (1)(a), if a public interest disclosure relating to a member of Victoria Police personnel was made to the Office of the Special Investigator before the commencement of this Part and the Office of the Special Investigator has not notified the appropriate entity of that disclosure—
(a)the disclosure is taken to have been made to the IBAC; and
(b)any records or evidence relating to the matter are to be transferred to the IBAC for the IBAC to use and rely on in investigating the matter.
(3)In this section—
IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011.
Division 3—Repeal of this Part
58Repeal of this Part
This Part is repealed on the second anniversary of its commencement.
Note
The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
PART 5—CONSEQUENTIAL AMENDMENT OF OTHER ACTS
Division 1—Amendment of Independent Broad‑based Anti-corruption Commission Act 2011
59Definitions
(1)In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011—
(a)the definition of human source is repealed;
(b)paragraph (ca) of the definition of law enforcement agency is repealed;
(c)the definition of Office of the Special Investigator is repealed;
(d)in the definition of Royal Commission into the Management of Police Informants, after "2021" insert "as in force immediately before its repeal".
(2)Section 3(5) of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed.
60Unauthorised disclosures or provision of information
In section 40(d) of the Independent Broad-based Anti-corruption Commission Act 2011, for ", the Public Interest Disclosures Act 2012 or the Special Investigator Act 2021" substitute "or the Public Interest Disclosures Act 2012".
61Conduct of Chief Commissioner of Police, Deputy Commissioner of Police or Assistant Commissioner of Police
Section 65(4) of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed.
62Referral of complaint or notification for investigation by another person or body
In section 73 of the Independent Broad-based Anti-corruption Commission Act 2011—
(a)subsection (2)(db) is repealed;
(b)for subsection (3)(a) substitute—
"(a)in the case of a public interest complaint relating to the conduct of a member of Victoria Police personnel—the Chief Commissioner of Police; or".
63Information to be provided with referral
(1)Section 77(2A) of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed.
(2)In section 77(3) of the Independent Broad-based Anti-corruption Commission Act 2011 omit "or (2A)".
Division 2—Amendment of Police Informants Royal Commission Implementation Monitor Act 2021
64Definitions
In section 3 of the Police Informants Royal Commission Implementation Monitor Act 2021, the definition of Office of the Special Investigator is repealed.
65Functions
In section 15(1) of the Police Informants Royal Commission Implementation Monitor Act 2021—
(a)in paragraph (e)(iii), for "timeframes;" substitute "timeframes.";
(b)paragraphs (f) and (g) are repealed.
Division 3—Amendment of Public Administration Act 2004
66What are special bodies?
Section 6(1)(e) of the Public Administration Act 2004 is repealed.
67Persons with functions of public service body Head
Section 16(1)(fc) of the Public Administration Act 2004 is repealed.
Division 4—Amendment of Surveillance Devices Act 1999
68Definitions
In section 3(1) of the Surveillance Devices Act 1999—
(a)paragraph (g) of the definition of chief officer is repealed;
(b)paragraph (g) of the definition of law enforcement agency is repealed;
(c)paragraph (g) of the definition of law enforcement officer is repealed;
(d)the definition of Office of the Special Investigator is repealed;
(e)paragraph (g) of the definition of senior officer is repealed;
(f)the definition of Special Investigator is repealed.
Division 5—Amendment of Witness Protection Act 1991
69Definitions
In section 3(1) of the Witness Protection Act 1991, the definition of Office of the Special Investigator is repealed.
70Information not to be disclosed
(1)Section 10(1)(ba) of the Witness Protection Act 1991 is repealed.
(2)Section 10(4)(ba) of the Witness Protection Act 1991 is repealed.
71Privilege of matters and things relating to performance of duties in accordance with this Act
In section 12(1)(eb) of the Witness Protection Act 1991, after "2021" insert "as in force immediately before its repeal".
Division 6—Repeal of this Part
72Repeal of this Part
This Part is repealed on the second anniversary of its commencement.
Note
The repeal of this Part 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 Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 4 October 2023
Legislative Council: 19 October 2023
The long title for the Bill for this Act was "A Bill for an Act to repeal the Special Investigator Act 2021 and to abolish the Office of the Special Investigator, to make necessary transitional arrangements, to continue in operation certain offences, to make consequential and related amendments to other Acts and for other purposes."
The Special Investigator Repeal Act 2023 was assented to on 8 November 2023 and came into operation on 2 February 2024: Special Gazette (No. 687) 19 December 2023 page 1.
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
There are no amendments made to the Special Investigator Repeal Act 2023 by Acts and subordinate instruments.
3 Explanatory details
No entries at date of publication.
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