Victorian Inspectorate Regulations 2013 (Vic)
Version No. 004
Victorian Inspectorate Regulations 2013
S.R. No. 6/2013
Version incorporating amendments as at
31 December 2019
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
4Definition
Part 2—Examinations
Division 1—Witnesses
5Proof of age for persons under 16 years of age
6Additional actions to be taken before questioning a witness or requiring production of documents or things
Division 2—Fees and allowances payable to witnesses
7Fees and allowances
8Attendance allowance for expert witnesses
9Attendance and general allowances for other witnesses
10Meals and accommodation
11Travelling expenses
12Evidence of expenses
Part 3—Prescribed forms
13Form of confidentiality notices
14Form of witness summons
15Form of arrest warrant
16Form of statement about right to apply for discharge from custody
16AForm and direction about witness already held in custody
Part 4—Reports on coercive questioning
17Other information which the Victorian Inspectorate may require the IBAC to include in a report on coercive questioning
18Other information which the Victorian Inspectorate may require the Auditor-General to include in a report on coercive questioning
19Other information which the Victorian Inspectorate may require the Ombudsman to include in a report on coercive questioning
Part 5—Renumbering
20Renumbering
Schedule
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 004
Victorian Inspectorate Regulations 2013
S.R. No. 6/2013
Version incorporating amendments as at
31 December 2019
Part 1—Preliminary
1Objectives
The objectives of these Regulations are to prescribe—
(a)additional actions to be taken by the Victorian Inspectorate before a witness is asked any questions or required to produce a document or thing at an examination;
(b)the manner of calculating the amount of assistance for witnesses attending an examination before the Victorian Inspectorate;
(c)additional matters which the Victorian Inspectorate may require the IBAC, the Auditor-General or the Ombudsman to include in a written report on coercive questioning;
(d)other matters necessary to be prescribed under the Victorian Inspectorate Act 2011.
2Authorising provisions
These Regulations are made under sections 103 and 104 of the Victorian Inspectorate Act 2011 and all other enabling powers.
3Commencement
(1)These Regulations (except Part 5) come into operation on 10 February 2013.
(2)Part 5 comes into operation on the day on which Part 8 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation.
4Definition
In these Regulations, the Act means the Victorian Inspectorate Act 2011.
Part 2—Examinations
Division 1—Witnesses
5Proof of age for persons under 16 years of age
For the purposes of section 55(2) of the Act, any of 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 the Victorian Inspectorate about a person's age.
6Additional 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 the Victorian Inspectorate 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
7Fees 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 the Victorian Inspectorate or, in the case of a body corporate, its representative; or
(b)a prisoner of the Crown.
8Attendance 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.
9Attendance 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 his or her 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 his or her attendance at the examination that is not provided for in regulation 10 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 his or her attendance at an examination, the witness is entitled to reimbursement of those reasonable childcare expenses incurred.
10Meals and accommodation
(1)A witness who appears in an examination and who is necessarily absent from his or her home by reason of the attendance at the examination is entitled to be paid the following allowances for meals during his or her absence—
(a)if the witness is absent from his or her home overnight, the allowances in the following table—
Capital City Any 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, the allowances in the following table—
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 he or she is absent from his or her home by reason of attendance at the examination between 7.00 a.m. and 9.30 a.m.;
(b)for lunch, if he or she is absent from his or her home by reason of attendance at the examination between 12.00 p.m. and 3.00 p.m.;
(c)for dinner, if he or she is absent from his or her home by reason of attendance at the examination between 6.00 p.m. and 8.00 p.m.
(3)A witness who appears in an examination and who is necessarily absent from his or her home overnight because of his or her attendance at the examination is entitled to reimbursement of the cost incurred by him or her for alternative accommodation up to a maximum of $150.00 for each night of his or her absence.
11Travelling 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—
(a)the distance required to be travelled;
(b)the time spent travelling;
(c)whether any income was lost when travelling;
(d)any other matter the Victorian Inspectorate considers relevant.
(2)If the witness uses his or her own vehicle, he or she is entitled to be paid an allowance of 18 cents for each kilometre travelled to or from the examination.
12Evidence of expenses
The Victorian Inspectorate must not approve the payment of an amount to a witness under this Division unless the witness produces to the satisfaction of the Victorian Inspectorate evidence—
(a)in the case of regulations 8 or 9(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;
(b)in the case of regulations 9(3) or (4) or 10(3), of the expenditure or cost incurred by the witness;
(c)in the case of regulation 10(1), that the witness was absent from his or her home by reason of attendance at an examination at the relevant times;
(d)in the case of regulation 11, of the cost of the most economical form of transport.
Part 3—Prescribed forms
13Form of confidentiality notices
The prescribed form of a confidentiality notice is Form 1 in the Schedule.
14Form of witness summons
The prescribed form of a witness summons is Form 2 in the Schedule.
15Form of arrest warrant
The prescribed form of an arrest warrant is Form 3 in the Schedule.
16Form of statement about right to apply for discharge from custody
The prescribed form of a written statement about applying to a bail justice for discharge from custody is Form 4 in the Schedule.
16AForm and direction about witness already held in custody
The prescribed form of a direction under section 57A of the Act is Form 5 in the Schedule.
Part 4—Reports on coercive questioning
17Other information which the Victorian Inspectorate 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;
(b)whether the person was aged under 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;
(ii)a parent or guardian of the person or an independent person was present during the person's attendance;
(iii)it reasonably appeared to the IBAC that the person exercised his or her 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;
(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;
(ii)it reasonably appeared to the IBAC that the person exercised his or her right to confer with the independent person before giving any evidence, providing any information or producing any document or thing;
(d)whether the person had legal or other representation and, if not, whether the person was—
(i)asked if he or she had sought legal advice;
(ii)given an opportunity to seek legal advice;
(e)whether the person appeared to the IBAC, either before or during the examination, to have sufficient knowledge of the English language to enable him or her to understand the questioning during the examination, and if not, what arrangements were made for the presence of a competent interpreter;
(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;
(ii)the outcome of the consideration of the claim by the IBAC;
(iii)whether the IBAC withdrew the question, request for information or request for the production of a document or thing;
(iv)whether the IBAC has applied, or intends to apply, to the Supreme Court for the claim to be determined;
(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;
(ii)whether the arrest warrant was executed;
(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;
(B)the place of detention;
(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;
(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.
18Other information which the Victorian Inspectorate 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;
(b)whether the person was aged under 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;
(ii)a parent or guardian of the person or an independent person was present during the person's attendance;
(iii)it reasonably appeared to the Auditor-General that the person exercised his or her 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;
(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;
(ii)it reasonably appeared to the Auditor-General that the person exercised his or her right to confer with the independent person before giving any evidence, providing any information or producing any document or thing;
(d)whether the person had legal or other representation and, if not, whether the person was—
(i)asked if he or she had sought legal advice;
(ii)given an opportunity to seek legal advice;
(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 him or her to understand the questioning during the examination and, if not, what arrangements were made for the presence of a competent interpreter.
19Other information which the Victorian Inspectorate 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 attendance of the person at the Ombudsman;
(b)whether the person was aged under 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;
(ii)a parent or guardian of the person or an independent person was present during the person's attendance;
(iii)it reasonably appeared to the Ombudsman that the person exercised his or her 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;
(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 attendance; and
(ii)it reasonably appeared to the Ombudsman that the person exercised his or her right to confer with the independent person before giving any evidence, providing any information or producing any document or thing;
(d)whether the person had legal or other representation and, if not, whether the person was—
(i)asked if he or she had sought legal advice;
(ii)given an opportunity to seek legal advice;
(e)whether the person appeared to the Ombudsman, either before or during the examination, to have sufficient knowledge of the English language to enable him or her to understand the questioning during the examination and, if not, what arrangements were made for the presence of a competent interpreter.
Part 5—Renumbering
20Renumbering
In these Regulations—
(a)in regulation 2, for "sections 41 and 42" substitute "sections 103 and 104";
(b)in regulation 5, for "section 33G(2)" substitute "section 55(2)";
(c)in regulation 6, for "section 33L(1)(e)" substitute "section 60(1)(e)";
(d)in regulation 6(b), for "section 33F(4)" substitute "section 54(4)";
(e)in regulation 17, for "section 28G(1)(f)" substitute "section 40(1)(f)";
(f)in regulation 18, for "section 28H(1)(f)" substitute "section 41(1)(f)";
(g)in regulation 19, for "section 28I(1)(f)" substitute "section 42(1)(f)";
(h)in Form 1 in the Schedule, for "section 28E" substitute "section 38".
Schedule
FORMS
FORM 1
Regulation 13
Victorian Inspectorate 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 Victorian Inspectorate Act 2011 in respect of the following restricted matters:
[specify restricted matter or matters]
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 the Victorian Inspectorate considers that your disclosure of any of the restricted matters described above would be likely to prejudice:
*· an investigation being conducted by the Victorian Inspectorate; 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 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. | |
| The Victorian Inspectorate 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. * ✗ 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—
·the Victorian Inspectorate 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 the Victorian Inspectorate directs you or authorises you to disclose a restricted matter;
·if the disclosure is authorised or required by the Victorian Inspectorate 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 or guardian or an 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 Victorian Inspectorate Act 2011;
·the Public Interest Disclosures Act 2012;
·the Ombudsman Act 1973;
·the Independent Broad-based Anti-corruption Commission Act 2011; or
·the Fair Work Act 2009 of the Commonwealth;
unless the Victorian Inspectorate 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 Victorian Inspectorate Act 2011 or any other Act;
·if the restricted matter disclosed is information that has been published in a report by the Victorian Inspectorate, 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.
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?
This confidentiality notice expires on the date when the first of the following events occurs:
·the Victorian Inspectorate cancels this confidentiality notice and issues you with a new one that includes different restricted matters;
·the Victorian Inspectorate 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;
·the Victorian Inspectorate 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 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 the Victorian Inspectorate has restricted you from being represented by or taking advice from a specified legal practitioner.
[attach:
·a copy of sections 38(3) to (8) and section 39 of the Victorian Inspectorate Act 2011 and an explanation of the effect of those provisions;
·if applicable, a copy of Part 7 of the Public Interest Disclosures Act 2012.]
[signature]
[name]
[title]
[date].
*Delete if not applicable.
FORM 2
Regulation 14
Victorian Inspectorate Act 2011
WITNESS SUMMONS
To: [insert name of person to whom witness summons is directed]
Address: [insert address]
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 summons may be limited by the attached confidentiality notice.
The Victorian Inspectorate requires you to attend an examination.
When is the examination?
You must attend at [insert address] *immediately or *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 the Victorian Inspectorate *in relation to [state nature of the matters about which the witness is to be questioned, except to the extent that the Victorian Inspectorate considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest];
* to produce for examination by the Victorian Inspectorate the following documents or things that are in your possession or control:
[specify documents or things]
* to give evidence before the Victorian Inspectorate *in relation to [state nature of the matters about which the witness is to be questioned, except to the extent that the Victorian Inspectorate considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest] and to produce for examination by the Victorian Inspectorate the following documents or things that are in your possession or control:
[specify documents or things]
[name and signature]
[title]
Date: [insert date]
[attach statement outlining specified matters with respect to the witness summons]
*Delete if not applicable.
FORM 3
Regulation 15
Victorian Inspectorate Act 2011
ARREST WARRANT
TO: [insert name of member of police force, or all members of the police force]
The Victorian Inspectorate has issued a certificate of charge charging [name] of [address] with contempt of the Victorian Inspectorate under the Victorian Inspectorate Act 2011.
You are authorised by the Victorian Inspectorate to:
·arrest [name] of [address]; and
·bring him or her before the Supreme Court without delay to be dealt with according to law; and
·detain him or her in police custody in the meantime.
Date: [insert date]
[name]
[title]
FORM 4
Regulation 16
Victorian Inspectorate Act 2011
STATEMENT OF YOUR RIGHT TO APPLY FOR DISCHARGE FROM CUSTODY
You have been arrested for contempt of the Victorian Inspectorate.
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 bail, 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.
FORM 5
Regulation 16A
Victorian Inspectorate Act 2011
DIRECTION ABOUT A WITNESS ALREADY HELD IN CUSTODY
TO: [insert name of person in charge of place where the person subject to the direction is held in custody]
AT: [insert name and address of place where person is held in custody]
In accordance with section 57A of the Victorian Inspectorate Act2011 (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 held in custody is to be delivered] to be brought before the Victorian Inspectorate
AT: [insert address to which person held in custody is to be brought]
ON: [insert date on which person held in custody is to be brought]
AT: [insert time when person held 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 the Victorian Inspectorate.
Name: [insert name of person giving direction]
Title: [insert title of person giving direction]
Date: [insert date]
* Delete if not applicable.
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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 2013, S.R. No. 6/2013 were made on 5 February 2013 by the Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council under sections 41 and 42 of the Victorian Inspectorate Act 2011, No. 70/2011 and came into operation as follows:
Regulations 1–19 on 10 February 2013: regulation 3(1); regulation 20 on 11 February 2013: regulation 3(2).
The Victorian Inspectorate Regulations 2013 will sunset 10 years after the day of making on 5 February 2023 (see section 5 of the Subordinate Legislation Act 1994).
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 Victorian Inspectorate Regulations 2013 by statutory rules, subordinate instruments and Acts.
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Victorian Inspectorate Regulations 2013, S.R. No. 6/2013
Date of Making: 5.2.13 Date of Commencement: Reg. 20 on 11.2.13: reg. 3(2)
Victorian Inspectorate Amendment Regulations 2014, S.R. No. 151/2014
Date of Making: 7.10.14 Date of Commencement: 7.10.14
Victorian Inspectorate Amendment Regulations 2019, S.R. No. 160/2019
Date of Making: 17.12.19 Date of Commencement: 31.12.19: reg. 3
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3 Amendments Not in Operation
Not updated for this publication.
4 Explanatory details
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 2019 is $165.22.
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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