Victorian Consolidated Legislation

Emerald Tourist Railway Act 1977 - SECT 38

Report of inspector

38. Report of inspector



(1) An inspector-

   (a)  may make one or more reports in writing to the Minister during an
        investigation of affairs of the Board and if so directed in writing by
        the Governor in Council shall make such reports as are specified in
        the direction; and

   (b)  shall, on the completion or termination of the investigation, report
        in writing to the Governor in Council and to the Minister on the
        result of the investigation.

(2) A report shall include a statement of the opinion of the inspector in
relation to the affairs of the Board and the facts on which that opinion is
based.

(3) An inspector shall not include in a report any recommendation relating to
the institution of criminal proceedings or any statement to the effect that in
his opinion a specified person has committed a criminal offence but, where an
inspector is of the opinion that criminal proceedings ought to be instituted
or that a person has committed a criminal offence, he shall state that opinion
in writing given to the Minister.

(4) Subject to subsection (5) a copy of a report made to the Minister under
this section shall be given to the Board.

(5) Subject to subsection (6) the Minister shall not give a copy of a report
under this Part to the Board if he believes that legal proceedings which have
been or which in his opinion might be instituted might be prejudiced by the
report.

(6) The court before which legal proceedings are brought against the Board or
other person for or in respect of matters dealt with in a report under this
Part may order that a copy of the report be given to the Board or person.

(7) The Governor in Council may, if he is of opinion that it is in the public
interest so to do, cause the whole or any part of a report to be printed and
published.

(8) A copy of a report of an inspector purporting to be certified as such a
report by the Minister is admissible in legal proceedings as evidence of the
inspector's report.

(9) Nothing in this section operates to diminish the protection afforded to
witnesses by the Evidence Act 1958.