VICTORIAN INSPECTORATE ACT 2011
Table of Provisions
PART 1--PRELIMINARY[1]
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 Public interest complaint taken to be complaint
- 5 Objects of Act
- 6 Act binds the Crown
- 7 Investigation of conduct occurring before the commencement of this section
PART 2--THE VICTORIAN INSPECTORATE
Division 1--Constitution and staff
Division 3--Confidentiality notices
- 40 Coercive questioning
- 40A Review of notices etc. provided by the IBAC
PART 4--MATTERS TO BE REPORTED TO THEVICTORIAN INSPECTORATE BY THE AUDITOR‑GENERAL
- 41 Coercive questioning
- 41A Review of notices etc. provided by the Auditor-General
PART 5--MATTERS TO BE REPORTED TO THEVICTORIAN INSPECTORATE BY THE OMBUDSMAN
- 42 Coercive questioning
- 42AA Review of notices etc. provided by the Ombudsman
PART 5B--MATTERS TO BE REPORTED TO THE VICTORIAN INSPECTORATE BY OTHER PERSONS AND BODIES
PART 6--INVESTIGATIONS AND INQUIRIES
Division 1--Investigations
- 43 Complaints
- 43A Form of complaint
- 44 Investigation of complaint
- 45 Advice to person who made public interest complaint
- 46 Own motion investigation
- 47 Conduct of investigation
- 48 Requirement to provide assistance
- 48A Withdrawal of complaint
Division 1A--Preliminary inquiries
- 48B The Victorian Inspectorate may conduct preliminary inquiry
- 48C The Victorian Inspectorate may conduct a preliminary inquiry in relation to an own motion investigation
- 48D Divisions 2 and 3 do not apply
--Divisions 2 and 3 of this Part do not apply to, or in respect of, a preliminary inquiry.
- 48E Persons to provide assistance
Division 2--Inquiries
- 49 Power to hold inquiry
- 50 Conduct of inquiry
- 51 Examination must be held in private
- 52 The Victorian Inspectorate may give directions or order
- 53 Witness summons
- 54 Content and form of witness summons
- 55 Witness summons directed to person under 16 years
- 56 Service of witness summons
- 57 Supreme Court may order service by other means
- 57A Witness already held in custody
- 58 Legal representation of witnesses and other persons
- 59 Specific provisions relating to witnesses
- 60 Actions to be taken before questioning of a witness or requiring production of a document or other thing
- 61 Witness attending examination in relation to investigation of public interest complaint to be informed of confidentiality obligations
- 62 Power to examine on oath or affirmation
- 63 Powers of entry, inspection and seizure
- 64 Offence for summoned witness to fail to attend examination
- 65 Offence for summoned witness to refuse or fail to answer question
- 66 Offence for summoned witness to fail to produce document or other thing
- 67 Offence to fail to take oath or make affirmation
- 67A Act applies equally to attendance in person or by audio visual link or audio link
Division 3--Privileges and secrecy provisions applying to inquiries
- 68 Privileges and secrecy generally
- 69 Journalist privilege does not apply
- 70 Privilege against self-incrimination abrogated—witness summons
- 71 Protection of legal practitioners and witnesses
Division 4--Contempt
- 72 Contempt of the Victorian Inspectorate
- 73 Charging and arresting a person for contempt
- 74 Bail pending court appearance for contempt
- 75 Custody pending court appearance for contempt
- 76 Supreme Court to deal with contempt
- 77 Act or omission constituting both an offence and contempt
PART 7--RECOMMENDATIONS AND REPORTS
Division 1--Recommendations and action on completion of investigation
Division 2--Budget, annual plan and performance audit
- 90A Budget
- 90B Annual plan
- 90C Transmission of annual plan to Parliament
- 90D Independent performance audit
- 90E Report of independent performance auditor
- 91 Matters to be included in annual report
Division 3--Miscellaneous
- 92 Persons who receive reports or information prior to publication
PART 8--GENERAL
Division 1--Miscellaneous
- 92A Complaints etc. by detained person
- 93 Immunity
- 94 Offence to impersonate a Victorian Inspectorate Officer
- 95 Offence to hinder or obstruct a Victorian Inspectorate Officer
- 96 Compliance with direction or requirement
- 97 Statement which is false or misleading
- 97A Criminal liability of officers of bodies corporate—accessorial liability
- 97B Maximum fine for body corporate
- 98 Responsible agency for the Crown
- 99 Proceedings against successors to public bodies
- 100 Power to bring proceedings
- 101 Validity and effect of notices, orders and other documents and deemed service
- 102 Exemption from Freedom of Information Act 1982
- 103 Regulations
- 104 Regulations—specific matters
- 106 Schedule