{"id":"inquiries-act-2014","name":"Inquiries Act 2014","slug":"inquiries-act-2014","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174139,"registerId":"vic-inquiries-act-2014-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Offences to which accessorial liability attaches 106","content":"Schedule 1—Offences to which accessorial liability attaches 106\n\n═══════════════\n\nEndnotes 107\n\n1 General information 107\n\n2 Table of Amendments 109\n\n3 Explanatory details 110\n\n**Version No.** **008**\n\n**Inquiries Act 2014**\n\n**No. 67 of 2014**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts:**\n\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Purpose and overview","content":"\t1 Purpose and overview\n\n(1) The main purpose of this Act is to provide for the establishment and conduct of inquiries in Victoria.\n\n(2) In overview, this Act provides for—\n\n(a) the establishment and conduct of the following types of inquiry—\n\n(i) Royal Commissions;\n\n(ii) Boards of Inquiry;\n\n(iii) Formal Reviews; and\n\n(b) powers for each type of inquiry; and\n\n(c) matters relating to privilege, secrecy and protection from liability in relation to inquiries; and\n\n(d) offences in relation to inquiries.\n\n(3) However, this Act does not apply to or affect inquiries established otherwise than under this Act.\n\nSee sections 8 and 53(3).\n\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Subject to subsection (3), this Act, other than section 148, comes into operation on a day or days to be proclaimed.\n\n(2) Section 148 comes into operation on the later of—\n\n(a) the day on which section 3 comes into operation; and\n\n(b) the day on which section 158 of the **Legal Profession Uniform Law Application Act 2014** comes into operation.\n\n(3) If a provision of this Act, other than section 148, does not come into operation before 1 August 2015, it comes into operation on that day.\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *Australian legal practitioner* repealed by No. 67/2014 s. 148.\n\n***authorised officer***—see section 27;\n\n***Board of Inquiry*** means a Board of Inquiry established under section 53;\n\n***Board of Inquiry officer*** means a member or a member of staff of a Board of Inquiry;\n\n***chairperson***—\n\n(a) of a Royal Commission, means—\n\n(i) if there is only one commissioner, that commissioner; or\n\n(ii) if there is more than one commissioner, the commissioner specified in the letters patent establishing the Royal Commission as the commissioner who is to chair the Royal Commission;\n\n(b) of a Board of Inquiry, means—\n\n(i) if there is only one member, that member; or\n\n(ii) if there is more than one member, the member specified in the establishing Order for the Board of Inquiry as the member who is to chair the Board of Inquiry;\n\n(c) of a Formal Review, means—\n\n(i) if there is only one member, that member; or\n\n(ii) if there is more than one member, the member specified in the establishing instrument for the Formal Review as the member who is to chair the Formal Review;\n\n***commissioner*** means a person appointed to constitute a Royal Commission, whether solely or with other persons;\n\nS. 3 def. of *contract worker* inserted by No. 14/2021 s. 27(a).\n\n***contract worker***, in relation to a business or other undertaking, means—\n\n(a) a person who does work for the business or other undertaking under a contract between the person's employer and the person who conducts the business or other undertaking; or\n\n(b) a person who does work for the business or other undertaking for fee or reward on the person's own account (other than a person who conducts the business or other undertaking);\n\n***Court Services Victoria*** has the same meaning as in the **Court Services Victoria Act 2014**;\n\n***Crown Prosecutor*** means the Chief Crown Prosecutor, a Senior Crown Prosecutor, a Crown Prosecutor or an Associate Crown Prosecutor appointed under the **Public Prosecutions Act 1994**;\n\nS. 3 def. of *detrimental action* inserted by No. 14/2021 s. 27(a).\n\n***detrimental action***, in relation to an employee, includes dismissal;\n\n***Electoral Commissioner*** has the same meaning as in the **Electoral Act 2002**;\n\n***establishing instrument***, in relation to a Formal Review, means the instrument under section 93 establishing the Formal Review;\n\n***establishing Order***, in relation to a Board of Inquiry, means the Order in Council under section 53 establishing the Board of Inquiry;\n\n***Formal Review*** means a Formal Review established under section 93;\n\n***Formal Review officer*** means a member or a member of staff of a Formal Review;\n\n***function*** includes power and duty;\n\n***IBAC*** has the same meaning as in the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3 def. of *Integrity Oversight Victoria* inserted by No. 31/2024 s. 113(Sch. 1 item 17.1(a)).\n\n***Integrity Oversight Victoria***  has the same meaning as in the **Integrity Oversight Victoria Act 2011**;\n\nS. 3 def. of *judicial officer* substituted by No. 10/2015 s. 12(a).\n\n***judicial officer*** means any of the following—\n\n(a) a Judge of the Supreme Court;\n\n(b) a reserve Judge of the Supreme Court;\n\n(c) an Associate Judge of the Supreme Court;\n\n(d) a reserve Associate Judge of the Supreme Court;\n\n(e) a Judge or reserve Judge of the Supreme Court who is appointed or assigned to VCAT;\n\n(f) a judge of the County Court;\n\n(g) a reserve judge of the County Court;\n\n(h) an associate judge of the County Court;\n\n(i) a reserve associate judge of the County Court;\n\n(j) a person referred to in paragraph (f) or (g) who is appointed or assigned to VCAT;\n\n(k) a magistrate;\n\n(l) a reserve magistrate;\n\n(m) a magistrate or reserve magistrate who is appointed or assigned to the Children's Court, the Coroners Court or VCAT;\n\n(n) a reserve coroner;\n\n(o) a person appointed under section 94 of the **Coroners Act 2008**;\n\n(p) a judicial registrar of the Supreme Court, the County Court, the Magistrates' Court, the Children's Court or the Coroners Court;\n\nS. 3 def. of *Keeper of Public Records* inserted by No. 4/2025 s. 3(a).\n\n***Keeper of Public Records*** means the Keeper of the Public Records referred to in section 6 of the **Public Records Act 1973**;\n\nS. 3 def. of *member* amended by No. 10/2015 s. 12(b).\n\n***member***—\n\n(a) of a Board of Inquiry, means a person appointed by the establishing Order for the Board of Inquiry;\n\n(b) of a Formal Review, means a person appointed by the establishing instrument for the Formal Review;\n\n(c) of VCAT, has the same meaning as ***member*** has, in relation to the Tribunal, in section 3 of the **Victorian Civil and Administrative Tribunal Act 1998**;\n\n***member of staff***—\n\n(a) of a Royal Commission, means any staff, consultant or Australian legal practitioner referred to in section 9;\n\n(b) of a Board of Inquiry, means any staff, consultant or Australian legal practitioner referred to in section 56;\n\n(c) of a Formal Review, means any staff or consultant referred to in section 96;\n\nS. 3 def. of *non-judicial* *member of VCAT* substituted by No. 10/2015 s. 12(c).\n\n***non-judicial member of VCAT***  means a member of VCAT who is not a judicial officer;\n\n***notice to attend***—\n\n(a) in relation to a Royal Commission, means a notice served under section 17(1)(b), (c) or (d);\n\n(b) in relation to a Board of Inquiry, means a notice served under section 64(1)(b), (c) or (d);\n\n***notice to produce***—\n\n(a) in relation to a Royal Commission, means a notice served under section 17(1)(a);\n\n(b) in relation to a Board of Inquiry, means a notice served under section 64(1)(a);\n\n***perform*** a function includes exercise a power;\n\n***police gaol*** has the same meaning as in the **Corrections Act 1986**;\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***prison*** has the same meaning as in the **Corrections Act 1986**;\n\nS. 3 def. of *Public Record Office* inserted by No. 4/2025 s. 3(a).\n\n***Public Record Office*** means the Public Record Office established under section 3 of the **Public Records Act 1973**;\n\n***publish*** means disseminate or provide access to the public or a section of the public by any means, including by—\n\n(a) publication in a book, newspaper, magazine or other written publication; or\n\n(b) broadcast by radio or television; or\n\n(c) public exhibition; or\n\n(d) broadcast or electronic communication—\n\nand ***publication*** must be construed accordingly;\n\nS. 3 def. of *record* inserted by No. 4/2025 s. 3(a).\n\n***record*** has the same meaning as in section 2(1) of the **Public Records Act 1973**;\n\n***Royal Commission*** means a Royal Commission established under section 5, including a Royal Commission referred to in section 55 or 95;\n\n***Royal Commission officer*** means a commissioner or a member of staff of a Royal Commission;\n\nS. 3 def. of *Secretary* inserted by No. 4/2025 s. 3(a).\n\n***Secretary*** means the Secretary to the Department of Premier and Cabinet;\n\n***Victorian court*** means any of the following—\n\n(a) the Supreme Court;\n\n(b) the County Court;\n\n(c) the Magistrates' Court;\n\n(d) the Children's Court;\n\n(e) the Coroners Court;\n\nS. 3 def. of *Victorian Inspectorate* amended by No. 14/2021 s. 27(b), repealed by No. 31/2024 s. 113(Sch. 1 item 17.1(b)).\n\nS. 3 def. of *worker* inserted by No. 14/2021 s. 27(a), amended by No. 4/2025 s. 3(b).\n\n***worker***, in relation to a business or other undertaking, means—\n\n(a) an employee of the person who conducts the business or other undertaking; or\n\n(b) a contract worker of the business or other undertaking;\n\nS. 3 def. of *Yoorrook Justice Commission* inserted by No. 4/2025 s. 3(a).\n\n***Yoorrook Justice Commission*** means the Inquiry conducted by the Commissioners appointed under section 5 by the Letters Patent dated 12 May 2021, a copy of which was published in the Government Gazette on 14 May 2021, and the following amendments to the Letters Patent—\n\n(a) the amendment dated 25 October 2022, a copy of which was published in the Government Gazette on that date;\n\n(b) the amendment dated 21 February 2023, a copy of which was published in the Government Gazette on 22 February 2023;\n\n(c) the amendment dated 4 April 2023, a copy of which was published in the Government Gazette on that date;\n\n(d) the amendment dated 8 November 2023, a copy of which was published in the Government Gazette on that date;\n\n(e) the amendment dated 30 January 2024, a copy of which was published in the Government Gazette on 31 January 2024;\n\nS. 3 def. of *Yoorrook Justice Commission record closure order* inserted by No. 4/2025 s. 3(a).\n\n***Yoorrook Justice Commission record closure order*** means an order made under section 52B;\n\nS. 3 def. of *Yoorrook Justice Commission record order* inserted by No. 4/2025 s. 3(a).\n\n***Yoorrook Justice Commission record order*** means—\n\n(a) a Yoorrook Justice Commission record closure order; or\n\n(b) a Yoorrook Justice Commission record restriction order;\n\nS. 3 def. of *Yoorrook Justice Commission record restriction order* inserted by No. 4/2025 s. 3(a).\n\n***Yoorrook Justice Commission record restriction order*** means an order made under section 52C(1).\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Act binds the Crown","content":"\t4 Act binds the Crown\n\nThis Act binds the Crown in right of Victoria and, so far as the legislative power of Parliament permits, the Crown in all its other capacities.\n\nSee also sections 8 and 131.\n\nPart 2—Royal Commissions\n\nDivision 1—Establishment of Royal Commissions\n\n\t5 Establishment of Royal Commission by letters patent\n\n(1) The Governor, with the advice of the Premier, may issue a commission by letters patent under the Public Seal of the State appointing one or more natural persons to constitute a Royal Commission to inquire into and report on the terms of reference specified in the letters patent.\n\n(2) Letters patent issued under this section—\n\n(i) the person or persons appointed to constitute the Royal Commission;\n\n(ii) if more than one person is appointed, the person who is to chair the Royal Commission;\n\n(iii) the terms of reference of the Royal Commission; and\n\n(i) a time by which the Royal Commission is to report on its inquiry;\n\n(ii) whether the commissioners may perform functions conferred on them under the law of the Commonwealth, another State or a Territory;\n\n(iii) whether the Royal Commission is authorised to incur expenses and financial obligations to be met from the Consolidated Fund and, if so, the maximum amount of those expenses and obligations;\n\n(iv) the manner in which the inquiry of the Royal Commission is to be conducted;\n\n(v) if there is more than one commissioner, which (if any) of the functions of the Royal Commission must be performed by the commissioners jointly and which (if any) may be performed by one or more commissioners separately;\n\n(vi) any other matter the Governor considers appropriate.\n\nSee section 123 for restrictions on the scope and powers of a Royal Commission in relation to certain entities.\n\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Publication of letters patent","content":"\t6 Publication of letters patent\n\nThe Premier must cause the letters patent establishing a Royal Commission, and any variation of them, to be published in the Government Gazette as soon as practicable after they are issued or varied.\n\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Concurrent Royal Commissions","content":"\t7 Concurrent Royal Commissions\n\nIf provided for in the letters patent establishing a Royal Commission, a commissioner may perform any functions that are conferred on the commissioner under the law of the Commonwealth, another State or a Territory in conjunction with the performance of the commissioner's functions under this Act.\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Relationship with the Royal prerogative","content":"\t8 Relationship with the Royal prerogative\n\nNothing in this Act affects the prerogative of the Crown to issue a commission for an inquiry other than under this Act.\n\n","sortOrder":8},{"sectionNumber":"Div 2","sectionType":"division","heading":"Arrangements to facilitate Royal Commissions","content":"Division 2—Arrangements to facilitate Royal Commissions\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Staffing and services","content":"\t9 Staffing and services\n\n(1) There may be employed under Part 3 of the **Public Administration Act 2004** any employees that are necessary for a Royal Commission to perform its functions.\n\nSee also section 18 of the **Public Administration Act 2004**, which provides for delegation powers of a public service body Head under that Act. That section would permit employment functions under that Act to be delegated to the chairperson of a Royal Commission.\n\n(2) The chairperson of a Royal Commission may—\n\n(a) enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body; and\n\n(c) engage one or more Australian legal practitioners to assist the Royal Commission as counsel; and\n\n(d) enter into agreements or arrangements for the provision of any other services to the Royal Commission.\n\n(3) The engagement of an Australian legal practitioner under subsection (2)(c) may only be made with the approval of the Premier.\n\n(4) The employment or engagement of members of staff of a Royal Commission may be on any terms and conditions the chairperson considers appropriate and all members of staff are subject to the direction of the chairperson.\n\n(5) The chairperson of a Royal Commission may, by instrument, delegate to another Royal Commission officer a function under this section, other than this power of delegation.\n\nSection 18(2) of the **Public Administration Act 2004** provides for subdelegation of powers delegated under that section.\n\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Certain public sector values do not apply to Royal Commission staff","content":"\t10 Certain public sector values do not apply to Royal Commission staff\n\nIf the public sector values referred to in section 7(1)(a)(i) and (c)(iii) of the **Public Administration Act 2004** would, but for this section, apply to a member of staff of a Royal Commission, those public sector values do not apply to the member of staff in respect of their employment or engagement with the Royal Commission.\n\nSection 7(1)(a)(i) and (c)(iii) of the **Public Administration Act 2004** deal with providing advice to the Government and implementing Government policies and programs.\n\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Expenses and financial obligations of Royal Commission","content":"\t11 Expenses and financial obligations of Royal Commission\n\n(1) Expenses and financial obligations may be incurred by a Royal Commission to be met from the Consolidated Fund only—\n\n(a) if authorised by the letters patent establishing the Royal Commission; and\n\n(b) to the extent of the maximum amount specified in the letters patent.\n\n(2) The Consolidated Fund is appropriated to the extent necessary to allow expenses and financial obligations to be incurred and met as authorised by subsection (1).\n\n(3) To avoid doubt, subsection (1) does not prevent—\n\n(a) the entering into of agreements or arrangements, or the engagement of persons, under section 9 at no cost to the Royal Commission; or\n\n(b) the incurring of expenses and financial obligations to be met from sources other than the Consolidated Fund.\n\n","sortOrder":12},{"sectionNumber":"Div 3","sectionType":"division","heading":"Conduct of inquiries by Royal Commissions","content":"Division 3—Conduct of inquiries by Royal Commissions\n\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Manner of inquiry of Royal Commission","content":"\t12 Manner of inquiry of Royal Commission\n\nA Royal Commission may conduct its inquiry in any manner that it considers appropriate, subject to—\n\n(b) the letters patent establishing the Royal Commission; and\n\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Commissioners may act separately","content":"\t13 Commissioners may act separately\n\n(1) This section applies if a Royal Commission is constituted by more than one commissioner.\n\n(2) Subject to this Act and the letters patent establishing the Royal Commission, the chairperson of the Royal Commission may determine from time to time that any of the functions of the Royal Commission may be performed by one or more commissioners separately.\n\nSubject to the letters patent, the chairperson could determine that the individual commissioners hold concurrent hearings.\n\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Evidence","content":"\t14 Evidence\n\nA Royal Commission is not bound by the rules of evidence or any practices or procedures applicable to courts of record and may inform itself on any matter as it sees fit.\n\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Participation in Royal Commission inquiries","content":"\t15 Participation in Royal Commission inquiries\n\n(1) A Royal Commission may allow, to the extent and in the manner determined by the Royal Commission—\n\n(2) In allowing a person to appear or participate in an inquiry, or to be legally represented, the Royal Commission may have regard to the following factors—\n\n(b) the likelihood that the Royal Commission may make an adverse finding against the person;\n\n(c) the ability of the person to assist the Royal Commission in the inquiry;\n\n(e) any other matter the Royal Commission considers relevant.\n\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Practice directions, statements and notes","content":"\t16 Practice directions, statements and notes\n\n(1) A Royal Commission may from time to time issue practice directions, statements or notes in relation to its inquiry.\n\n(2) Practice directions, statements or notes issued under subsection (1) must not be inconsistent with the letters patent, this or any other Act or any regulations made under this or any other Act.\n\n(3) Practice directions, statements or notes issued under subsection (1) are not legislative instruments within the meaning of the **Subordinate Legislation Act 1994**.\n\n","sortOrder":18},{"sectionNumber":"Div 4","sectionType":"division","heading":"Powers of Royal Commissions for production of documents and other things and obtaining evidence","content":"Division 4—Powers of Royal Commissions for production of documents and other things and obtaining evidence\n\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Power to compel production of documents and other things or attendance of witness","content":"\t17 Power to compel production of documents and other things or attendance of witness\n\n(1) For the purposes of its inquiry, a Royal Commission may serve written notice on a person requiring the person to—\n\n(a) produce a specified document or other thing to the Royal Commission or a Royal Commission officer before a specified time and in the specified manner; or\n\n(b) attend the Royal Commission at a specified time and place to produce a specified document or other thing; or\n\n(c) attend the Royal Commission at a specified time and place, and from then on from day to day until excused, to give evidence; or\n\n(d) attend the Royal Commission at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing.\n\n(2) A notice to produce or notice to attend in relation to a Royal Commission—\n\n(a) must be in the prescribed form (if any); and\n\n(b) must contain the following information—\n\n(i) a statement outlining the provisions of sections 23 and 46;\n\n(ii) examples of what may constitute a reasonable excuse for failing to comply with the notice;\n\n(iii) how the person may object to the notice;\n\n(iv) any other prescribed information; and\n\n(c) must be served in accordance with section 19.\n\n(3) Subsection (2)(a) does not apply to a notice to produce or notice to attend for the purposes of an inquiry of a Royal Commission that is being conducted concurrently under this Act and under the law of the Commonwealth, another State or a Territory.\n\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Variation or revocation of notice to produce or notice to attend","content":"\t18 Variation or revocation of notice to produce or notice to attend\n\n(1) A person on whom a notice to produce or notice to attend in relation to a Royal Commission is served may make a claim to the Royal Commission—\n\n(a) that the person has or will have a reasonable excuse for failing to comply with the notice; or\n\n(b) in the case of a notice to produce, or a notice to attend under section 17(1)(b) or (d), that a document or other thing specified in the notice is not relevant to the subject matter of the inquiry.\n\n(2) Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to a Royal Commission if the information—\n\n(a) in the case of a natural person, might tend to incriminate the person or make the person liable to a penalty in relation to—\n\n(i) proceedings for an offence with which the person has been charged that have not finally been disposed of; or\n\n(ii) proceedings for the imposition or recovery of a penalty that have been commenced against the person but not finally disposed of; or\n\n(b) is the subject of parliamentary privilege; or\n\n(c) is the subject of public interest immunity; or\n\n(d) is prohibited from disclosure by a court order; or\n\n(e) is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to a Royal Commission; or\n\n(f) is prohibited from disclosure by a provision of another enactment that is prescribed by the regulations for the purposes of section 34.\n\n(3) If the Royal Commission is satisfied that the person's claim is made out, the Royal Commission, by further written notice served on the person, may vary or revoke the notice.\n\n(4) A Royal Commission, by further written notice served on a person, may at any time on its own initiative vary or revoke a notice to produce or notice to attend served on the person.\n\n(5) A notice varying or revoking a notice to produce or notice to attend must be served in accordance with section 19.\n\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Service of notice to produce or notice to attend","content":"\t19 Service of notice to produce or notice to attend\n\n(1) Subject to subsection (2), a notice to produce or notice to attend, or a notice varying or revoking a notice to produce or notice to attend, must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the notice.\n\n(2) A Royal Commission may serve a notice to attend requiring immediate attendance by a person if—\n\n(a) the Royal Commission considers on reasonable grounds that a delay in the person's attendance is likely to result in—\n\n(i) evidence being lost or destroyed; or\n\n(ii) the commission of an offence; or\n\n(iii) the escape of the person on whom the notice is served; or\n\n(iv) serious prejudice to the conduct of the inquiry to which the notice relates; or\n\n(b) the person on whom the notice is served consents to immediate attendance.\n\n(3) A notice to produce or notice to attend directed to a natural person must be served by serving a copy of the notice on the person personally.\n\n(4) A notice to produce or notice to attend directed to a body corporate must be served by leaving a copy of the notice at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age.\n\n(5) Subsection (4) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.\n\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Witness already in custody","content":"\t20 Witness already in custody\n\n(1) If a notice to attend a Royal Commission is issued to a person who is in a prison or a police gaol, the Royal Commission may give a written direction that the person be brought before the Royal Commission as required by the notice to attend.\n\n(2) A direction under subsection (1) must be in the prescribed form (if any).\n\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Power to take evidence on oath or affirmation","content":"\t21 Power to take evidence on oath or affirmation\n\n(1) A Royal Commission may require a person attending an inquiry of the Royal Commission, whether in accordance with a notice to attend or otherwise, to give evidence or answer questions on oath or affirmation.\n\n(2) A commissioner, or a member of staff of the Royal Commission who is authorised to do so by a commissioner, may administer an oath or affirmation to a person for the purposes of subsection (1).\n\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Powers in relation to documents and other things","content":"\t22 Powers in relation to documents and other things\n\n(1) A commissioner, or a member of staff of a Royal Commission authorised by a commissioner, may—\n\n(a) inspect any document or other thing produced to the Royal Commission; and\n\n(b) retain the document or other thing for as long as is reasonably necessary for the purposes of the inquiry; and\n\n(c) copy any document or other thing produced to the Royal Commission necessary for the purposes of the inquiry.\n\n(2) If the retention of a document or other thing under subsection (1) ceases to be reasonably necessary for the purposes of its inquiry, the Royal Commission, at the request of a person who appears to be entitled to the document or other thing, must cause the document or other thing to be delivered to the person unless it has been given to another person or body under section 44.\n\n(3) A reference in this section to the purposes of an inquiry includes a reference to—\n\n(a) the disclosure of information under section 44; and\n\n(b) any concurrent Royal Commissions.\n\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Failure to comply with notice or requirement","content":"\t23 Failure to comply with notice or requirement\n\n(1) If the chairperson of a Royal Commission is satisfied that a person has, without reasonable excuse, failed to comply with a notice to produce or notice to attend in relation to the Royal Commission or a requirement under section 21, the chairperson may apply to the Supreme Court for an order under this section.\n\n(2) On an application under subsection (1), the Supreme Court may order the person to comply with the notice or requirement within the period specified by the Court.\n\nSee also sections 46 and 47.\n\n","sortOrder":26},{"sectionNumber":"Div 5","sectionType":"division","heading":"Control of proceedings and publication of information and evidence","content":"Division 5—Control of proceedings and publication of information and evidence\n\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Access to Royal Commission proceedings","content":"\t24 Access to Royal Commission proceedings\n\n(1) A commissioner may make an order excluding any person from a proceeding of the Royal Commission if—\n\n(e) the commissioner otherwise considers the exclusion appropriate.\n\n(2) The Royal Commission must cause a copy of the order to be posted—\n\n(3) An order made under subsection (1) is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Power to expel persons who disrupt proceedings","content":"\t25 Power to expel persons who disrupt proceedings\n\nA Royal Commission may expel a person from a proceeding of the Royal Commission if the person disrupts the proceeding.\n\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Restriction on publication of information relating to Royal Commission inquiries","content":"\t26 Restriction on publication of information relating to Royal Commission inquiries\n\n(1) Subject to subsection (2), a commissioner may make an order prohibiting or restricting the publication of—\n\n(a) any information that may enable the identity of a person who has given, or is to give, information or evidence to the Royal Commission for the purposes of an inquiry to be ascertained; or\n\n(b) any information or evidence given to the Royal Commission for the purposes of an inquiry.\n\n(2) A commissioner may make an order prohibiting or restricting the publication of information or evidence if—\n\n(e) the commissioner otherwise considers the prohibition or restriction appropriate.\n\n(3) If the order is made during a proceeding, the Royal Commission must cause a copy of the order to be posted—\n\n(4) If the order is made in relation to information that is given by the Royal Commission to another person, the Royal Commission must cause a copy of the order to be given to that person.\n\n(5) An order made under this section is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\n","sortOrder":30},{"sectionNumber":"Div 6","sectionType":"division","heading":"Entry, search and seizure powers of Royal Commissions","content":"Division 6—Entry, search and seizure powers of Royal Commissions\n\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Authorised officers","content":"\t27 Authorised officers\n\n(1) For the purposes of this Division, an ***authorised officer*** is—\n\n(a) the chairperson of a Royal Commission; or\n\n(b) a person authorised under subsection (2).\n\n(2) The chairperson of a Royal Commission may authorise a person for the purposes of this Division.\n\n","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Search warrant","content":"\t28 Search warrant\n\n(1) Subject to subsection (2), an authorised officer may apply to the Magistrates' Court for a search warrant in relation to either or both of the following—\n\n(a) particular premises, if the authorised officer believes on reasonable grounds that entry to the premises (including any vehicle, vessel or aircraft on or in those premises) is necessary for the purpose of the Royal Commission's inquiry;\n\n(b) a particular vehicle, vessel or aircraft located in a public place, if the authorised officer believes on reasonable grounds that entry to the vehicle, vessel or aircraft is necessary for the purpose of the Royal Commission's inquiry.\n\nS. 28(2) amended by No. 6/2018 s. 68(Sch. 2 item 71).\n\n(2) If a magistrate is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for the belief under subsection (1)(a) or (b), the magistrate may issue a search warrant authorising any police officer or other prescribed person named in the warrant—\n\n(a) to enter and search the premises or vehicle, vessel or aircraft named or described in the search warrant and inspect any document or other thing at those premises or on or in that vehicle, vessel or aircraft; and\n\n(b) to make a copy of any document that the police officer or other person reasonably considers may be relevant to the inquiry; and\n\n(c) to take possession of any document or other thing that the police officer or other person reasonably considers may be relevant to the inquiry.\n\n(3) A search warrant issued under this section must state—\n\n(a) the purpose for which the search is required; and\n\n(b) any conditions to which the search warrant is subject; and\n\n(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and\n\n(d) a day, not later than 28 days after the issue of the search warrant, on which the search warrant ceases to have effect.\n\n(4) A search warrant must be in the prescribed form (if any).\n\n(5) Except as otherwise provided by this Act, the rules to be observed with respect to search warrants under the **Magistrates' Court Act 1989** extend and apply to warrants under this section.\n\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Procedure for executing search warrant","content":"\t29 Procedure for executing search warrant\n\n(1) On executing a search warrant, the person executing it—\n\n(a) must announce that the person is authorised by the search warrant to enter the premises, vehicle, vessel or aircraft, as the case requires, unless, in the case of a vehicle, vessel or aircraft, it is in a public place; and\n\n(b) if the person has been unable to obtain unforced entry, must give any person at the premises or in control of the vehicle, vessel or aircraft an opportunity to allow entry to the premises, vehicle, vessel or aircraft, as the case requires.\n\n(2) A person executing a search warrant need not comply with subsection (1) if the person believes on reasonable grounds that immediate entry to the premises, vehicle, vessel or aircraft is required to ensure—\n\n(a) the safety of any person; or\n\n(b) that the effective execution of the warrant is not frustrated.\n\n(3) If the occupier is present at premises where a search warrant is being executed, the person executing the warrant must—\n\n(a) identify themselves to the occupier; and\n\n(b) give the occupier a copy of the warrant.\n\n(4) If the occupier is not present at premises where a search warrant is being executed, the person executing the warrant must—\n\n(a) identify themselves to a person at the premises who is apparently over the age of 18 years; and\n\n(b) give that person a copy of the warrant.\n\n(5) If there is no person apparently over the age of 18 years present at premises where a search warrant is being executed, the person executing the warrant must leave a copy of the warrant in a conspicuous place at the premises unless the Royal Commission has given a direction under subsection (6).\n\n(6) A Royal Commission may direct that a copy of a search warrant not be left at premises where no person apparently over the age of 18 years is present if the Royal Commission is satisfied that it would be contrary to the public interest for the copy to be left at the premises.\n\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Copies or receipts to be given for documents or other things","content":"\t30 Copies or receipts to be given for documents or other things\n\n(1) If a person takes possession under a search warrant of—\n\n(a) a document, disk or tape or other thing that can be readily copied; or\n\n(b) a storage device the information in which can be readily copied—\n\nthe person, on request by the occupier, must give a copy of the document, thing or information to the occupier as soon as practicable after taking possession of it, unless it would be contrary to the public interest to do so.\n\n(2) If a person takes possession of a document or other thing under a search warrant and has not provided a copy of the document, thing or information under subsection (1) the person must provide a receipt for the document or other thing as soon as practicable after taking possession of it.\n\n(3) A receipt under subsection (2) must be in the prescribed form (if any).\n\n","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Return of documents and other things","content":"\t31 Return of documents and other things\n\n(1) A Royal Commission must take all reasonable steps to return a document or other thing seized under a search warrant to the person from whom it was seized if the document or other thing is required as evidence relating to a legal proceeding.\n\n(2) A Royal Commission must immediately take all reasonable steps to return a document or other thing seized under a search warrant to the person from whom it was seized if the Royal Commission is no longer satisfied that its retention is necessary for the purposes of—\n\n(a) an inquiry; or\n\n(b) a report of the Royal Commission on an inquiry; or\n\n(c) a legal proceeding arising out of, or connected with, an inquiry.\n\n","sortOrder":36},{"sectionNumber":"Div 7","sectionType":"division","heading":"Application of privileges and statutory secrecy to Royal Commissions","content":"Division 7—Application of privileges and statutory secrecy to Royal Commissions\n\n","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Legal professional privilege does not apply","content":"\t32 Legal professional privilege does not apply\n\n(1) It is not a reasonable excuse for a person to refuse or fail to comply with a requirement under this Act to give information (including answering a question) or produce a document or other thing to a Royal Commission that the information, document or other thing is the subject of legal professional privilege.\n\n(2) Information or a document or other thing does not cease to be the subject of legal professional privilege only because it is given or produced to a Royal Commission in accordance with a requirement to do so under this Act.\n\n","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Privilege against self-incrimination does not apply","content":"\t33 Privilege against self-incrimination does not apply\n\n(1) Subject to subsection (2), it is not a reasonable excuse for a person to refuse or fail to comply with a requirement under this Act to give information (including answering a question) or produce a document or other thing to a Royal Commission that the information, document or other thing might tend to incriminate the person or make the person liable to a penalty.\n\nSee section 40 as to the admissibility of answers, information, documents and other things given to a Royal Commission.\n\n(2) It is a reasonable excuse for a natural person to refuse or fail to comply with a requirement referred to in subsection (1) that the information, document or other thing might tend to incriminate the person, or make the person liable to a penalty, in relation to—\n\n(a) proceedings for an offence with which the person has been charged that have not finally been disposed of; or\n\n(b) proceedings for the imposition or recovery of a penalty that have been commenced against the person but not finally disposed of.\n\n","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Statutory secrecy and confidentiality provisions","content":"\t34 Statutory secrecy and confidentiality provisions\n\n(1) It is not a reasonable excuse for a person to refuse or fail to comply with a requirement under this Act to give information (including answering a question) or produce a document or other thing to a Royal Commission that another enactment prohibits the person from giving the information or producing the document or other thing or imposes a duty of confidentiality on the person in relation to the information, document or other thing.\n\n(2) The person is not subject to any criminal, civil, administrative or disciplinary proceedings or action only because the person complies with the requirement.\n\n(3) Subsections (1) and (2) do not apply to—\n\n(a) a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to a Royal Commission; or\n\n(b) a provision of another enactment that is prescribed by the regulations for the purposes of this section.\n\n(4) If a Royal Commission receives information or a document or other thing referred to in this section in an inquiry, any provision of another enactment that prohibits the disclosure of the information, document or other thing or imposes any other duty of confidentiality in relation to the information, document or other thing does not apply to the Royal Commission.\n\n","sortOrder":40},{"sectionNumber":"Div 8","sectionType":"division","heading":"Reports of Royal Commissions","content":"Division 8—Reports of Royal Commissions\n\n","sortOrder":41},{"sectionNumber":"35","sectionType":"section","heading":"Report of Royal Commission","content":"\t35 Report of Royal Commission\n\n(1) A Royal Commission must deliver a report of its inquiry to the Governor.\n\n(2) A report may contain any recommendations the Royal Commission considers appropriate.\n\n(a) within the time specified in the letters patent establishing the Royal Commission; or\n\n(b) if no time is so specified, as soon as practicable after the Royal Commission completes the inquiry.\n\n","sortOrder":42},{"sectionNumber":"36","sectionType":"section","heading":"Adverse findings","content":"\t36 Adverse findings\n\n(1) If a Royal Commission proposes to make a finding that is adverse to a person, the Royal Commission must be satisfied that the person—\n\n(2) A Royal Commission must consider a person's response under subsection (1)(b) (if any) before making a finding that is adverse to the person.\n\n(3) If the Royal Commission includes a finding that is adverse to a person in its report, the Royal Commission must fairly set out the person's response under subsection (1)(b) (if any) in the report.\n\n","sortOrder":43},{"sectionNumber":"37","sectionType":"section","heading":"Tabling of Royal Commission report","content":"\t37 Tabling of Royal Commission report\n\n(1) Within 30 days after the Governor receives the report of a Royal Commission, the Premier must cause the following material (the ***Royal Commission material***) to be laid before each House of Parliament or, if neither House is then sitting, to be given to the clerk of each House—\n\n(a) a copy of the report; or\n\n(b) a copy of part of the report, together with a statement that the remaining part of the report is not to be tabled in Parliament at this time, including the reasons why it is not to be tabled; or\n\n(c) a statement that the report has been received but is not to be tabled in Parliament at this time, including the reasons why it is not to be tabled.\n\n(2) If the Premier proposes to give the Royal Commission material to the clerk of each House, the Premier must—\n\n(a) give at least one business day's notice of the Premier's intention to do so to the clerk of each House; and\n\n(b) give the Royal Commission material to the clerk of each House on the day indicated in the notice.\n\n(a) notify each member of the House of the receipt of a notice under subsection (2)(a) on the same day that the clerk receives that notice; and\n\n(b) make available copies of the Royal Commission material for each member of the House as soon as practicable after the Royal Commission material is received under subsection (2)(b); and\n\n(c) cause the Royal Commission material to be laid before the House on the next sitting day of the House.\n\n(4) Royal Commission material that is given to the clerks under subsection (2)(b) is taken to have been published by order, or under the authority, of the Houses of Parliament.\n\n(5) The publication of Royal Commission material in accordance with this section is absolutely privileged and the provisions of sections 73 and 74 of the **Constitution Act 1975** and of any other enactment or rule of law relating to the publication of the proceedings of Parliament apply to and in relation to the publication of the Royal Commission material as if it were a report to which those sections applied and had been published by the Government Printer under the authority of Parliament.\n\n(6) If the report of a Royal Commission is not tabled, or is tabled in part, under this section and the Premier subsequently determines that the report, or a further part or parts of the report, should be tabled, this section applies, with any necessary modifications, to the tabling and publication of the report or the relevant part or parts of the report.\n\n","sortOrder":44},{"sectionNumber":"Div 9","sectionType":"division","heading":"Protection from legal liability","content":"Division 9—Protection from legal liability\n\n","sortOrder":45},{"sectionNumber":"38","sectionType":"section","heading":"Compellability of commissioners","content":"\t38 Compellability of commissioners\n\n(1) A person who is or was a commissioner is not compellable to give evidence in relation to the Royal Commission in any criminal, civil, administrative or disciplinary proceedings.\n\n(2) Nothing in subsection (1) prevents a person who is or was a commissioner giving evidence voluntarily.\n\n","sortOrder":46},{"sectionNumber":"39","sectionType":"section","heading":"Protection of participants","content":"\t39 Protection of participants\n\n(1) A commissioner has, in respect of the performance of the commissioner's functions as commissioner, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.\n\n(2) A member of staff of a Royal Commission has, in the performance of the person's functions in the Royal Commission's inquiry, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.\n\n(3) A person legally representing another person in a Royal Commission's inquiry has the same protection and immunity as an Australian legal practitioner has in representing a party in proceedings in the Supreme Court.\n\n(4) A person who gives information or evidence, or produces a document or other thing, to a Royal Commission has the same protection and immunity as a witness has in proceedings in the Supreme Court.\n\n","sortOrder":47},{"sectionNumber":"Div 10","sectionType":"division","heading":"Royal Commissions and courts","content":"Division 10—Royal Commissions and courts\n\n","sortOrder":48},{"sectionNumber":"40","sectionType":"section","heading":"Admissibility of answers, information, documents and other things","content":"\t40 Admissibility of answers, information, documents and other things\n\n(1) Any answer, information, document or other thing given or produced to a Royal Commission by a person and the fact that an answer, information, document or other thing was given or produced, is not admissible in evidence, or otherwise able to be used, against the person in any other proceedings, except in proceedings for—\n\n(b) an offence against section 254 or 314 of the **Crimes Act 1958** in relation to the Royal Commission.\n\n(2) Subsection (1) does not apply to a document or other thing if it was obtained, or could have been obtained, independently of its production to the Royal Commission, either before or after its production, by the person seeking to tender it in evidence, or otherwise to use it, in the other proceedings.\n\n***other proceedings*** means criminal, civil or administrative proceedings before a court, tribunal or person acting judicially or disciplinary proceedings, including proceedings that were pending when the answer, information, document or other thing was given or produced to the Royal Commission.\n\n","sortOrder":49},{"sectionNumber":"41","sectionType":"section","heading":"Referral of questions of law to Supreme Court","content":"\t41 Referral of questions of law to Supreme Court\n\n(1) The chairperson of a Royal Commission may refer any question of law arising in an inquiry to the Supreme Court for decision.\n\n","sortOrder":50},{"sectionNumber":"Div 11","sectionType":"division","heading":"Assistance for witnesses","content":"Division 11—Assistance for witnesses\n\n","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Costs of attending Royal Commission","content":"\t42 Costs of attending Royal Commission\n\n(1) This section applies to a person who attends a Royal Commission—\n\n(a) in accordance with a notice to attend; or\n\n(b) at the request of the Royal Commission.\n\n(2) Subject to subsection (3), the person is entitled to be paid expenses and allowances in accordance with the prescribed scale.\n\n(3) Subsection (2) does not apply—\n\n(a) in an inquiry that is being conducted concurrently under this Act and under the law of the Commonwealth, another State or a Territory, unless the letters patent establishing the Royal Commission provide otherwise; or\n\n(b) if the letters patent establishing the Royal Commission do not authorise the Royal Commission to incur expenses or financial obligations to be met from the Consolidated Fund.\n\n","sortOrder":52},{"sectionNumber":"Div 12","sectionType":"division","heading":"Confidentiality, sharing and use of information","content":"Division 12—Confidentiality, sharing and use of information\n\n","sortOrder":53},{"sectionNumber":"43","sectionType":"section","heading":"Confidentiality for Royal Commission officers","content":"\t43 Confidentiality for Royal Commission officers\n\nA person who is or was a Royal Commission officer must not knowingly disclose any information acquired by the person by reason of being a Royal Commission officer, or in the course of the performance of functions under this Act or any other Act, except—\n\n(a) for the performance of the functions of the Royal Commission officer under this or any other Act; or\n\n(b) for the purpose of any criminal proceedings under section 254 or 314 of the **Crimes Act 1958** in relation to the Royal Commission; or\n\n(c) if the information is in the public domain at the time of the disclosure, otherwise than as a result of a disclosure that the person knows or ought to have known was unlawful; or\n\n","sortOrder":54},{"sectionNumber":"44","sectionType":"section","heading":"Disclosure or provision of information by commissioners or authorised persons","content":"\t44 Disclosure or provision of information by commissioners or authorised persons\n\n(1) A commissioner or a person authorised by a commissioner may at any time provide or disclose any information referred to in section 43, or give any document or other thing, to any person or body if the commissioner or authorised person—\n\n(a) considers that the information, document or other thing is relevant to the performance of the functions of the person or body; and\n\n(2) If a document or other thing is given to a person or body under subsection (1), the person or body must, at the request of a Royal Commission officer, return the document or other thing if it ceases to be reasonably necessary for the person or body to retain the document or other thing for the purposes for which it was given to the person or body.\n\n","sortOrder":55},{"sectionNumber":"45","sectionType":"section","heading":"Taking advantage of information","content":"\t45 Taking advantage of information\n\n(1) This section applies to a person to whom information is given by a Royal Commission or a Royal Commission officer during the course of the Royal Commission's inquiry.\n\n(2) The person to whom the information is given must not take advantage of the information to benefit the person or any other person.\n\n(3) A person does not commit an offence against subsection (2) if the information is in the public domain at the time the person takes advantage of it, otherwise than as a result of a disclosure that the person knows or ought to have known was unlawful.\n\n","sortOrder":56},{"sectionNumber":"Div 13","sectionType":"division","heading":"Offences","content":"Division 13—Offences\n\n","sortOrder":57},{"sectionNumber":"46","sectionType":"section","heading":"Offence to fail to comply with a notice to produce or attend","content":"\t46 Offence to fail to comply with a notice to produce or attend\n\nA person who is duly served with a notice to produce or notice to attend in relation to a Royal Commission must not, without reasonable excuse, refuse or fail to comply with the notice.\n\n1 See Division 7 which provides for the non-application of various privileges and statutory secrecy and confidentiality provisions.\n\n2 See also section 72 of the **Criminal Procedure Act 2009**, which deals with the evidential burden of proof.\n\n3 Section 128 applies to an offence against this section.\n\n\t47 Offence to fail to take oath, make affirmation or answer question\n\n(1) A person who is duly served with a notice to attend a Royal Commission under section 17(1)(c) or (d) must not, without reasonable excuse—\n\n(a) refuse or fail to take an oath or make an affirmation when required to do so; or\n\n(b) refuse or fail to answer a question that the person is required to answer by the Royal Commission.\n\nSee also section 72 of the **Criminal Procedure Act 2009**, which deals with the evidential burden of proof.\n\n(2) A person does not commit an offence against subsection (1) unless, before the person is required to take the oath or make the affirmation or answer the question, the Royal Commission informs the person that refusal or failure to do so without reasonable excuse is an offence.\n\n","sortOrder":58},{"sectionNumber":"48","sectionType":"section","heading":"Offence to contravene exclusion or restriction orders","content":"\t48 Offence to contravene exclusion or restriction orders\n\n(1) A person must not engage in conduct that constitutes a contravention of an order of a commissioner under section 24(1) or 26(1) that is in force if the person—\n\n","sortOrder":59},{"sectionNumber":"49","sectionType":"section","heading":"Offence to hinder, obstruct or cause serious disruption to proceeding","content":"\t49 Offence to hinder, obstruct or cause serious disruption to proceeding\n\nA person must not engage in conduct that  hinders, obstructs or causes serious disruption to a proceeding of a Royal Commission if the person—\n\n","sortOrder":60},{"sectionNumber":"50","sectionType":"section","heading":"Offence to make false or misleading statements or produce false or misleading documents or other things","content":"\t50 Offence to make false or misleading statements or produce false or misleading documents or other things\n\n(1) A person must not make a statement to a Royal Commission that the person knows to be false or misleading in a material particular.\n\nSee section 314 of the **Crimes Act 1958** in relation to perjury and section 254 of that Act in relation to the destruction of evidence.\n\n(2) A person must not produce a document or other thing to a Royal Commission that the person knows to be false or misleading in a material particular unless the person indicates to the Royal Commission the respect in which it is false or misleading and, to the extent practicable, provides the correct information.\n\nS. 51 substituted by No. 14/2021 s. 28.\n\n","sortOrder":61},{"sectionNumber":"51","sectionType":"section","heading":"Offence of taking detrimental action against workers","content":"\t51 Offence of taking detrimental action against workers\n\n(1) A person who conducts a business or other undertaking must not take or threaten to take detrimental action against a worker of the business or other undertaking because—\n\n(a) the worker has given information to a Royal Commission; or\n\n(b) the person believes that the worker has given or will give information to a Royal Commission.\n\n(2) It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in subsection (1)(a) or (b) was not a substantial reason for the detrimental action.\n\n(a) the worker unlawfully gave information to a Royal Commission; or\n\n(b) the worker contravened section 50 of this Act or section 314 of the **Crimes Act 1958** in respect of the information given to a Royal Commission.\n\n","sortOrder":62},{"sectionNumber":"52","sectionType":"section","heading":"Offence of taking detrimental action against commissioners","content":"\t52 Offence of taking detrimental action against commissioners\n\n(1) A person must not take detrimental action against another person who is or was a commissioner because the other person is or was a commissioner.\n\n(2) It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in that subsection was not a substantial reason for the detrimental action.\n\nPt 2 Div. 14 (Heading and ss 52A−52I)  inserted by No. 4/2025 s. 4.\n\n","sortOrder":63},{"sectionNumber":"Div 14","sectionType":"division","heading":"Yoorrook Justice Commission record orders","content":"Division 14—Yoorrook Justice Commission record orders\n\nS. 52A  inserted by No. 4/2025 s. 4.\n\n","sortOrder":64},{"sectionNumber":"52A","sectionType":"section","heading":"Definitions","content":"\t52A Definitions\n\nIn this Division—\n\n***author***, of a specified record that is subject to a Yoorrook Justice Commission record order, means any person who is specified in the order as an author of the record;\n\n***specified period*** means the period of 99 years beginning on the day on which a record is transferred to the Department of Premier and Cabinet under section 124;\n\n***specified record*** means a record containing evidence given to the Yoorrook Justice Commission by a natural person who is an Aboriginal person, and includes, but is not limited to—\n\n(a) a transcript of evidence; and\n\n(b) a witness statement or submission; and\n\n(c) an audio or audio visual recording of evidence.\n\nS. 52B  inserted by No. 4/2025 s. 4.\n\n","sortOrder":65},{"sectionNumber":"52B","sectionType":"section","heading":"Yoorrook Justice Commission may make record closure order","content":"\t52B Yoorrook Justice Commission may make record closure order\n\nThe Yoorrook Justice Commission may make an order in respect of a specified record requiring the Keeper of Public Records and the Secretary to ensure that, for the specified period, the record is not made available for public inspection.\n\nS. 52C  inserted by No. 4/2025 s. 4.\n\n","sortOrder":66},{"sectionNumber":"52C","sectionType":"section","heading":"Yoorrook Justice Commission may make record restriction order","content":"\t52C Yoorrook Justice Commission may make record restriction order\n\n(1) The Yoorrook Justice Commission may make an order in respect of a specified record requiring the Keeper of Public Records and the Secretary to ensure that, for the specified period, the record is made available for public inspection only in accordance with the terms and conditions specified in the order.\n\n(2) Without limiting subsection (1), a Yoorrook Justice Commission record restriction order may require any one or more of the following—\n\n(a) the Keeper of Public Records to ensure that a member of the public may only inspect the record at the Public Record Office;\n\n(b) the Keeper of Public Records must take reasonable steps to prevent a member of the public from making a copy of the record or photographing the record while inspecting it in person at the Public Record Office;\n\n(c) the Secretary must not give a member of the public a copy of the record;\n\n(d) the Keeper of Public Records must not give a member of the public a copy of the record;\n\n(e) the Secretary to ensure that a person employed in the Department of Premier and Cabinet under Part 3 of the **Public Administration Act 2004** does not give a member of the public a copy of the record;\n\n(f) the Keeper of Public Records to ensure that a person referred to in section 6(1) of the **Public Records Act 1973** does not give a member of the public a copy of the record.\n\nS. 52D  inserted by No. 4/2025 s. 4.\n\n","sortOrder":67},{"sectionNumber":"52D","sectionType":"section","heading":"Yoorrook Justice Commission record order not to be made over certain records","content":"\t52D Yoorrook Justice Commission record order not to be made over certain records\n\nA Yoorrook Justice Commission record order must not be made in respect of a specified record if the evidence contained in the record is given on behalf of any body or association, including an unincorporated body or association.\n\nS. 52E  inserted by No. 4/2025 s. 4.\n\n","sortOrder":68},{"sectionNumber":"52E","sectionType":"section","heading":"Author of record","content":"\t52E Author of record\n\n(1) A Yoorrook Justice Commission record order must specify at least one natural person to be the author of the specified record.\n\n(2) Nothing in a Yoorrook Justice Commission record order prevents an author of a specified record from accessing, sharing, publishing, making a copy of or using the record.\n\nS. 52F  inserted by No. 4/2025 s. 4.\n\n","sortOrder":69},{"sectionNumber":"52F","sectionType":"section","heading":"Additional access instructions","content":"\t52F Additional access instructions\n\nWithout limiting section 52B or 52C, a Yoorrook Justice Commission record order may also require the Secretary or the Keeper of Public Records to do any one or more of the following after the author of the record dies or, if there is more than one author of the record, after all of the authors of the record die—\n\n(a) to make the record available for public inspection;\n\n(b) to make the record available for public inspection only in accordance with the terms and conditions specified in the order;\n\n(c) to make the record available for inspection by a specified person or class of persons in accordance with the terms and conditions (if any) specified in the order for that person or class of persons;\n\n(d) to give a copy of the record to a specified person or class of persons on the request of that person or a member of that class of persons.\n\nS. 52G  inserted by No. 4/2025 s. 4.\n\n","sortOrder":70},{"sectionNumber":"52G","sectionType":"section","heading":"Transfer not prevented by Yoorrook Justice Commission record order","content":"\t52G Transfer not prevented by Yoorrook Justice Commission record order\n\nNothing in a Yoorrook Justice Commission record order prevents the transfer of a specified record under section 124 or otherwise affects the operation of that section in relation to a specified record that is subject to a Yoorrook Justice Commission record order.\n\nS. 52H  inserted by No. 4/2025 s. 4.\n\n","sortOrder":71},{"sectionNumber":"52H","sectionType":"section","heading":"Secretary must comply with Yoorrook Justice Commission record order","content":"\t52H Secretary must comply with Yoorrook Justice Commission record order\n\nThe Secretary must comply with a Yoorrook Justice Commission record order to the extent that it is reasonably practicable to do so.\n\nS. 52I  inserted by No. 4/2025 s. 4.\n\n","sortOrder":72},{"sectionNumber":"52I","sectionType":"section","heading":"Records subject to a Yoorrook Justice Commission record order only accessible for certain purposes","content":"\t52I Records subject to a Yoorrook Justice Commission record order only accessible for certain purposes\n\n(1) The Secretary must ensure that a person employed in the Department of Premier and Cabinet under Part 3 of the **Public Administration Act 2004** does not access a record in respect of which a Yoorrook Justice Commission record order has been made, unless it is for a purpose set out in subsection (3).\n\n(2) The Secretary must not access a record in respect of which a Yoorrook Justice Commission record order has been made unless it is for a purpose set out in subsection (3).\n\n(3) The purposes are—\n\n(a) the transfer of the record to the custody of the Public Record Office; or\n\n(b) the maintenance and security of the record; or\n\n(c) the preservation of the record; or\n\n(d) to respond to a requirement to produce the record to a court or Victorian tribunal; or\n\n(e) to respond to a request for the record from—\n\n(i) the Auditor‑General; or\n\n(ii) the Ombudsman; or\n\n(iii) the IBAC; or\n\n(iv) the Victorian Inspectorate or Integrity Oversight Victoria (as the case requires); or\n\n(v) a Royal Commission or Board of Inquiry; or\n\n(f) to respond to a request for the record made under the **Freedom of Information Act 1982**; or\n\nThe **Freedom of Information Act 1982** does not apply to a document that is subject to a Yoorrook Justice Commission record order for the specified period—see section 125.\n\n(g) to respond to a request for the record from a person or body—\n\n(i) that is empowered to request the record under an enactment; or\n\n(ii) that can properly request the record or is required to request the record by law; or\n\n(h) to make an archive of the website of the Yoorrook Justice Commission; or\n\n(i) to make the record available in accordance with the order or to otherwise comply with the order.\n\n(4) This section applies before, and continues to apply after, a record in respect of which a Yoorrook Justice Commission record order has been made is transferred to the Public Record Office under section 124.\n\n(5) In subsection (3), a reference to a request for a record includes a reference to a request for a class of records that includes the record.\n\nPart 3—Boards of Inquiry\n\nDivision 1—Establishment of Boards of Inquiry\n\n\t53 Establishment of Board of Inquiry by Order in Council\n\n(1) On the recommendation of the Premier, the Governor in Council, by Order in Council published in the Government Gazette, may appoint any one or more natural persons to constitute a Board of Inquiry to inquire into and report on the terms of reference specified in the Order.\n\n(2) The establishing Order—\n\n(i) the person or persons appointed to constitute the Board of Inquiry;\n\n(ii) if more than one person is appointed, the person who is to chair the Board of Inquiry;\n\n(iii) the terms of reference of the Board of Inquiry;\n\n(i) a time by which the Board of Inquiry is to report on its inquiry;\n\n(ii) whether the members may perform functions conferred on them under the law of the Commonwealth, another State or a Territory;\n\n(iii) whether the Board of Inquiry is authorised to incur expenses and financial obligations to be met from the Consolidated Fund and, if so, the maximum amount of those expenses and obligations;\n\n(iv) whether the chairperson is authorised to engage one or more Australian legal practitioners to assist the Board of Inquiry as counsel;\n\n(v) the manner in which the inquiry of the Board of Inquiry is to be conducted;\n\n(vi) if there is more than one member, which (if any) of the functions of the Board of Inquiry must be performed by the members jointly and which (if any) may be performed by one or more members separately;\n\n(vii) any other matter the Governor in Council considers appropriate.\n\nSee section 123 for restrictions on the scope and powers of a Board of Inquiry in relation to certain entities.\n\n(3) Nothing in this Act affects the establishment of a board of inquiry, or applies to a board of inquiry established, under another Act.\n\nSection 15 of the **Parliamentary Administration Act 2005** provides for the establishment of boards of inquiry under that Act.\n\n","sortOrder":73},{"sectionNumber":"54","sectionType":"section","heading":"Concurrent Boards of Inquiry","content":"\t54 Concurrent Boards of Inquiry\n\nIf provided for in the establishing Order for a Board of Inquiry, a member may perform any functions that are conferred on the member under the law of the Commonwealth, another State or a Territory in conjunction with the performance of the member's functions under this Act.\n\n","sortOrder":74},{"sectionNumber":"55","sectionType":"section","heading":"Conversion of Board of Inquiry into a Royal Commission","content":"\t55 Conversion of Board of Inquiry into a Royal Commission\n\n(1) The Governor, by letters patent issued in accordance with section 5 to the members of a Board of Inquiry, may convert the Board of Inquiry into a Royal Commission.\n\n(2) If a Board of Inquiry is converted into a Royal Commission—\n\n(a) the members of the Board of Inquiry become commissioners; and\n\n(b) any members of staff of the Board of Inquiry become members of staff of the Royal Commission; and\n\n(c) any information or evidence given to or obtained by, and any documents and other things produced to, the Board of Inquiry are taken to have been given to, obtained by or produced to the Royal Commission; and\n\n(d) any notices to attend or notices to produce served by the Board of Inquiry that are still in force are taken to be notices to attend or notices to produce served by the Royal Commission; and\n\n(e) any arrangements or agreements entered into by or on behalf of the Board of Inquiry that are in force continue in force as if they had been entered into by or on behalf of the Royal Commission.\n\n(3) Subsection (2) is subject to the letters patent referred to in subsection (1).\n\n(4) The conversion of a Board of Inquiry into a Royal Commission takes effect on the day on which the letters patent are published in the Government Gazette under section 6.\n\nDivision 2—Arrangements to facilitate Boards of Inquiry\n\n","sortOrder":75},{"sectionNumber":"56","sectionType":"section","heading":"Staffing and services","content":"\t56 Staffing and services\n\n(1) There may be employed under Part 3 of the **Public Administration Act 2004** any employees that are necessary for a Board of Inquiry to perform its functions.\n\nSee also section 18 of the **Public Administration Act 2004**, which provides for delegation powers of a public service body Head under that Act. That section would permit employment functions under that Act to be delegated to the chairperson of a Board of Inquiry.\n\n(2) The chairperson of a Board of Inquiry may—\n\n(a) enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body; and\n\n(c) if authorised to do so by the establishing Order for the Board of Inquiry, engage one or more Australian legal practitioners to assist the Board of Inquiry as counsel; and\n\n(d) enter into agreements or arrangements for the provision of any other services to the Board of Inquiry.\n\n(3) The engagement of an Australian legal practitioner under subsection (2)(c) may only be made with the approval of the Premier.\n\n(4) The employment or engagement of members of staff of a Board of Inquiry may be on any terms and conditions the chairperson considers appropriate and all members of staff are subject to the direction of the chairperson.\n\n(5) The chairperson of a Board of Inquiry may, by instrument, delegate to another Board of Inquiry officer a function under this section, other than this power of delegation.\n\nSection 18(2) of the **Public Administration Act 2004** provides for subdelegation of powers delegated under that section.\n\n","sortOrder":76},{"sectionNumber":"57","sectionType":"section","heading":"Certain public sector values do not apply to Board of Inquiry staff","content":"\t57 Certain public sector values do not apply to Board of Inquiry staff\n\nIf the public sector values referred to in section 7(1)(a)(i) and (c)(iii) of the **Public Administration Act 2004** would, but for this section, apply to a member of staff of a Board of Inquiry, those public sector values do not apply to the member of staff in respect of their employment or engagement with the Board of Inquiry.\n\nSection 7(1)(a)(i) and (c)(iii) of the **Public Administration Act 2004** deal with providing advice to the Government and implementing Government policies and programs.\n\n","sortOrder":77},{"sectionNumber":"58","sectionType":"section","heading":"Expenses and financial obligations of Board of Inquiry","content":"\t58 Expenses and financial obligations of Board of Inquiry\n\n(1) Expenses and financial obligations may be incurred by a Board of Inquiry to be met from the Consolidated Fund only—\n\n(a) if authorised by the establishing Order for the Board of Inquiry; and\n\n(b) to the extent of the maximum amount specified in the establishing Order.\n\n(2) The Consolidated Fund is appropriated to the extent necessary to allow expenses and financial obligations to be incurred and met as authorised by subsection (1).\n\n(3) To avoid doubt, subsection (1) does not prevent—\n\n(a) the entering into of agreements or arrangements, or the engagement of persons, under section 56 at no cost to the Board of Inquiry; or\n\n(b) the incurring of expenses and financial obligations to be met from sources other than the Consolidated Fund.\n\nDivision 3—Conduct of inquiries by Boards of Inquiry\n\n","sortOrder":78},{"sectionNumber":"59","sectionType":"section","heading":"Manner of inquiry of Board of Inquiry","content":"\t59 Manner of inquiry of Board of Inquiry\n\nA Board of Inquiry may conduct its inquiry in any manner that it considers appropriate, subject to—\n\n(b) the establishing Order for the Board of Inquiry; and\n\n","sortOrder":79},{"sectionNumber":"60","sectionType":"section","heading":"Members may act separately","content":"\t60 Members may act separately\n\n(1) This section applies if a Board of Inquiry is constituted by more than one member.\n\n(2) Subject to this Act and the establishing Order, the chairperson of the Board of Inquiry may determine from time to time that any of the functions of the Board of Inquiry may be performed by one or more members separately.\n\nSubject to the establishing Order, the chairperson could determine that the individual members hold concurrent hearings.\n\n","sortOrder":80},{"sectionNumber":"61","sectionType":"section","heading":"Evidence","content":"\t61 Evidence\n\nA Board of Inquiry is not bound by the rules of evidence or any practices or procedures applicable to courts of record and may inform itself on any matter as it sees fit.\n\n","sortOrder":81},{"sectionNumber":"62","sectionType":"section","heading":"Participation in Board of Inquiry inquiries","content":"\t62 Participation in Board of Inquiry inquiries\n\n(1) A Board of Inquiry may allow, to the extent and in the manner determined by the Board of Inquiry—\n\n(2) In allowing a person to appear or participate in an inquiry, or to be legally represented, the Board of Inquiry may have regard to the following factors—\n\n(b) the likelihood that the Board of Inquiry may make an adverse finding against the person;\n\n(c) the ability of the person to assist the Board of Inquiry in the inquiry;\n\n(e) any other matter the Board of Inquiry considers relevant.\n\n","sortOrder":82},{"sectionNumber":"63","sectionType":"section","heading":"Practice directions, statements and notes","content":"\t63 Practice directions, statements and notes\n\n(1) A Board of Inquiry may from time to time issue practice directions, statements or notes in relation to its inquiry.\n\n(2) Practice directions, statements or notes issued under subsection (1) must not be inconsistent with the establishing Order, this or any other Act or any regulations made under this or any other Act.\n\n(3) Practice directions, statements or notes issued under subsection (1) are not legislative instruments within the meaning of the **Subordinate Legislation Act 1994**.\n\nDivision 4—Powers of Boards of Inquiry for production of documents and other things and obtaining evidence\n\n","sortOrder":83},{"sectionNumber":"64","sectionType":"section","heading":"Power to compel production of documents and other things or attendance of witness","content":"\t64 Power to compel production of documents and other things or attendance of witness\n\n(1) For the purposes of its inquiry, a Board of Inquiry may serve written notice on a person requiring the person to—\n\n(a) produce a specified document or other thing to the Board of Inquiry or a Board of Inquiry officer before a specified time and in the specified manner; or\n\n(b) attend the Board of Inquiry at a specified time and place to produce a specified document or other thing; or\n\n(c) attend the Board of Inquiry at a specified time and place, and from then on from day to day until excused, to give evidence; or\n\n(d) attend the Board of Inquiry at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing.\n\n(2) A notice to produce or notice to attend in relation to a Board of Inquiry—\n\n(a) must be in the prescribed form (if any); and\n\n(b) must contain the following information—\n\n(i) a statement outlining the provisions of sections 70 and 86;\n\n(ii) examples of what may constitute a reasonable excuse for failing to comply with the notice;\n\n(iii) how the person may object to the notice;\n\n(iv) any other prescribed information; and\n\n(c) must be served in accordance with section 66.\n\n(3) Subsection (2)(a) does not apply to a notice to produce or notice to attend for the purposes of an inquiry of a Board of Inquiry that is being conducted concurrently under this Act and under the law of the Commonwealth, another State or a Territory.\n\n","sortOrder":84},{"sectionNumber":"65","sectionType":"section","heading":"Variation or revocation of notice to produce or notice to attend","content":"\t65 Variation or revocation of notice to produce or notice to attend\n\n(1) A person on whom a notice to produce or notice to attend in relation to a Board of Inquiry is served may make a claim to the Board of Inquiry—\n\n(a) that the person has or will have a reasonable excuse for failing to comply with the notice; or\n\n(b) in the case of a notice to produce, or a notice to attend under section 64(1)(b) or (d), that a document or other thing specified in the notice is not relevant to the subject matter of the inquiry.\n\n(2) Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to a Board of Inquiry if the information—\n\n(a) in the case of a natural person, might tend to incriminate the person or make the person liable to a penalty; or\n\n(b) is the subject of parliamentary privilege; or\n\n(c) is the subject of legal professional privilege; or\n\n(d) is the subject of public interest immunity; or\n\n(e) is prohibited from disclosure by a court order; or\n\n(f) is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to a Board of Inquiry; or\n\n(g) is prohibited from disclosure by a provision of another enactment that is prescribed by the regulations for the purposes of section 74.\n\n(3) If the Board of Inquiry is satisfied that the person's claim is made out, the Board of Inquiry, by further written notice served on the person, may vary or revoke the notice.\n\n(4) A Board of Inquiry, by further written notice served on a person, may at any time on its own initiative vary or revoke a notice to produce or notice to attend served on the person.\n\n(5) A notice varying or revoking a notice to produce or notice to attend must be served in accordance with section 66.\n\n","sortOrder":85},{"sectionNumber":"66","sectionType":"section","heading":"Service of notice to produce or notice to attend","content":"\t66 Service of notice to produce or notice to attend\n\n(1) Subject to subsection (2), a notice to produce or notice to attend, or a notice varying or revoking a notice to produce or notice to attend, must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the notice.\n\n(2) A Board of Inquiry may serve a notice to attend requiring immediate attendance by a person if—\n\n(a) the Board of Inquiry considers on reasonable grounds that a delay in the person's attendance is likely to result in—\n\n(i) evidence being lost or destroyed; or\n\n(ii) the commission of an offence; or\n\n(iii) the escape of the person on whom the notice is served; or\n\n(iv) serious prejudice to the conduct of the inquiry to which the notice relates; or\n\n(b) the person on whom the notice is served consents to immediate attendance.\n\n(3) A notice to produce or notice to attend directed to a natural person must be served by serving a copy of the notice on the person personally.\n\n(4) A notice to produce or notice to attend directed to a body corporate must be served by leaving a copy of the notice at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age.\n\n(5) Subsection (4) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.\n\n","sortOrder":86},{"sectionNumber":"67","sectionType":"section","heading":"Witness already in custody","content":"\t67 Witness already in custody\n\n(1) If a notice to attend a Board of Inquiry is issued to a person who is in a prison or a police gaol, the Board of Inquiry may give a written direction that the person be brought before the Board of Inquiry as required by the notice to attend.\n\n(2) A direction under subsection (1) must be in the prescribed form (if any).\n\n","sortOrder":87},{"sectionNumber":"68","sectionType":"section","heading":"Power to take evidence on oath or affirmation","content":"\t68 Power to take evidence on oath or affirmation\n\n(1) A Board of Inquiry may require a person attending an inquiry of the Board of Inquiry, whether in accordance with a notice to attend or otherwise, to give evidence or answer questions on oath or affirmation.\n\n(2) A member of the Board of Inquiry, or a member of staff who is authorised to do so by a member of the Board of Inquiry, may administer an oath or affirmation to a person for the purposes of subsection (1).\n\n","sortOrder":88},{"sectionNumber":"69","sectionType":"section","heading":"Powers in relation to documents and other things","content":"\t69 Powers in relation to documents and other things\n\n(1) A member of a Board of Inquiry, or a member of staff who is authorised by a member of a Board of Inquiry, may—\n\n(a) inspect any document or other thing produced to the Board of Inquiry; and\n\n(b) retain the document or other thing for as long as is reasonably necessary for the purposes of the inquiry; and\n\n(c) copy any document or other thing produced to the Board of Inquiry necessary for the purposes of the inquiry.\n\n(2) If the retention of a document or other thing under subsection (1) ceases to be reasonably necessary for the purposes of its inquiry, the Board of Inquiry, at the request of a person who appears to be entitled to the document or other thing, must cause the document or other thing to be delivered to the person unless it has been given to another person or body under section 84.\n\n(3) A reference in this section to the purposes of an inquiry includes a reference to—\n\n(a) the disclosure of information under section 84; and\n\n(b) any concurrent Boards of Inquiry.\n\n","sortOrder":89},{"sectionNumber":"70","sectionType":"section","heading":"Failure to comply with notice or requirement","content":"\t70 Failure to comply with notice or requirement\n\n(1) If the chairperson of a Board of Inquiry is satisfied that a person has, without reasonable excuse, failed to comply with a notice to produce or notice to attend in relation to the Board of Inquiry or a requirement under section 68, the chairperson may apply to the Supreme Court for an order under this section.\n\n(2) On an application under subsection (1), the Supreme Court may order the person to comply with the notice or requirement within the period specified by the Court.\n\nSee also sections 86 and 87.\n\nDivision 5—Control of proceedings and publication of information and evidence\n\n","sortOrder":90},{"sectionNumber":"71","sectionType":"section","heading":"Access to Board of Inquiry proceedings","content":"\t71 Access to Board of Inquiry proceedings\n\n(1) A member of a Board of Inquiry may make an order excluding any person from a proceeding of the Board of Inquiry if—\n\n(e) the member otherwise considers the exclusion appropriate.\n\n(2) The Board of Inquiry must cause a copy of the order to be posted—\n\n(3) An order made under subsection (1) is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\n","sortOrder":91},{"sectionNumber":"72","sectionType":"section","heading":"Power to expel persons who disrupt proceedings","content":"\t72 Power to expel persons who disrupt proceedings\n\nA Board of Inquiry may expel a person from a proceeding of the Board of Inquiry if the person disrupts the proceeding.\n\n","sortOrder":92},{"sectionNumber":"73","sectionType":"section","heading":"Restriction on publication of information relating to Board of Inquiry inquiries","content":"\t73 Restriction on publication of information relating to Board of Inquiry inquiries\n\n(1) Subject to subsection (2), a member of a Board of Inquiry may make an order prohibiting or restricting the publication of—\n\n(a) any information that may enable the identity of a person who has given, or is to give, information or evidence to the Board of Inquiry for the purposes of an inquiry to be ascertained; or\n\n(b) any information or evidence given to the Board of Inquiry for the purposes of an inquiry.\n\n(2) A member may make an order prohibiting or restricting the publication of information or evidence if—\n\n(e) the member otherwise considers the prohibition or restriction appropriate.\n\n(3) If the order is made during a proceeding, the Board of Inquiry must cause a copy of the order to be posted—\n\n(4) If the order is made in relation to information that is given by the Board of Inquiry to another person, the Board of Inquiry must cause a copy of the order to be given to that person.\n\n(5) An order made under this section is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\nDivision 6—Application of statutory secrecy to Boards of Inquiry\n\n","sortOrder":93},{"sectionNumber":"74","sectionType":"section","heading":"Statutory secrecy and confidentiality provisions","content":"\t74 Statutory secrecy and confidentiality provisions\n\n(1) A Board of Inquiry may require a person to give information (including answering a question) or to produce a document or other thing despite the provision of another enactment that prohibits the disclosure of the information, document or other thing or imposes any other duty of confidentiality on the person in relation to the information, document or other thing.\n\n(2) If the Board of Inquiry specifies that subsection (1) applies to its requirement—\n\n(a) it is not a reasonable excuse for the person to refuse or fail to comply with the requirement that another enactment prohibits the person from giving the information or producing the document or other thing to the Board of Inquiry or imposes a duty of confidentiality on the person in relation to the information, document or other thing; and\n\n(b) the person is not subject to any criminal, civil, administrative or disciplinary proceedings or action only because the person complies with the requirement.\n\n(3) Subsections (1) and (2) do not apply to—\n\n(a) a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to a Board of Inquiry; or\n\n(b) a provision of another enactment that is prescribed by the regulations for the purposes of this section.\n\n(4) If a Board of Inquiry receives information or a document or other thing referred to in this section in an inquiry, any provision of another enactment that prohibits the disclosure of the information, document or other thing or imposes any other duty of confidentiality in relation to the information, document or other thing does not apply to the Board of Inquiry.\n\nDivision 7—Reports of Boards of Inquiry\n\n","sortOrder":94},{"sectionNumber":"75","sectionType":"section","heading":"Report of Board of Inquiry","content":"\t75 Report of Board of Inquiry\n\n(1) A Board of Inquiry must deliver a report of its inquiry to the Governor.\n\n(2) A report may contain any recommendations the Board of Inquiry considers appropriate.\n\n(a) within the time specified in the establishing Order for the Board of Inquiry; or\n\n(b) if no time is so specified, as soon as practicable after the Board of Inquiry completes the inquiry.\n\n","sortOrder":95},{"sectionNumber":"76","sectionType":"section","heading":"Adverse findings","content":"\t76 Adverse findings\n\n(1) If a Board of Inquiry proposes to make a finding that is adverse to a person, the Board of Inquiry must be satisfied that the person—\n\n(2) A Board of Inquiry must consider a person's response under subsection (1)(b) (if any) before making a finding that is adverse to the person.\n\n(3) If the Board of Inquiry includes a finding that is adverse to a person in its report, the Board of Inquiry must fairly set out the person's response under subsection (1)(b) (if any) in the report.\n\n","sortOrder":96},{"sectionNumber":"77","sectionType":"section","heading":"Tabling of Board of Inquiry report","content":"\t77 Tabling of Board of Inquiry report\n\n(1) Within 30 days after the Governor receives the report of a Board of Inquiry, the Premier must cause the following material (the ***Board of Inquiry*** ***material***) to be laid before each House of Parliament or, if neither House is then sitting, to be given to the clerk of each House—\n\n(a) a copy of the report; or\n\n(b) a copy of part of the report, together with a statement that the remaining part of the report is not to be tabled in Parliament at this time, including the reasons why it is not to be tabled; or\n\n(c) a statement that the report has been received but is not to be tabled in Parliament at this time, including the reasons why it is not to be tabled.\n\n(2) If the Premier proposes to give the Board of Inquiry material to the clerk of each House, the Premier must—\n\n(a) give at least one business day's notice of the Premier's intention to do so to the clerk of each House; and\n\n(b) give the Board of Inquiry material to the clerk of each House on the day indicated in the notice.\n\n(a) notify each member of the House of the receipt of a notice under subsection (2)(a) on the same day that the clerk receives that notice; and\n\n(b) make available copies of the Board of Inquiry material for each member of the House as soon as practicable after the Board of Inquiry material is received under subsection (2)(b); and\n\n(c) cause the Board of Inquiry material to be laid before the House on the next sitting day of the House.\n\n(4) Board of Inquiry material that is given to the clerks under subsection (2)(b) is taken to have been published by order, or under the authority, of the Houses of Parliament.\n\n(5) The publication of Board of Inquiry material in accordance with this section is absolutely privileged and the provisions of sections 73 and 74 of the **Constitution Act 1975** and of any other enactment or rule of law relating to the publication of the proceedings of Parliament apply to and in relation to the publication of the Board of Inquiry material as if it were a report to which those sections applied and had been published by the Government Printer under the authority of Parliament.\n\n(6) If the report of a Board of Inquiry is not tabled, or is tabled in part, under this section and the Premier subsequently determines that the report, or a further part or parts of the report, should be tabled, this section applies, with any necessary modifications, to the tabling and publication of the report or the relevant part or parts of the report.\n\nDivision 8—Protection from legal liability\n\n","sortOrder":97},{"sectionNumber":"78","sectionType":"section","heading":"Compellability of members","content":"\t78 Compellability of members\n\n(1) A person who is or was a member of a Board of Inquiry is not compellable to give evidence in relation to the Board of Inquiry in any criminal, civil, administrative or disciplinary proceedings.\n\n(2) Nothing in subsection (1) prevents a person who is or was a member of a Board of Inquiry giving evidence voluntarily.\n\n","sortOrder":98},{"sectionNumber":"79","sectionType":"section","heading":"Protection of participants","content":"\t79 Protection of participants\n\n(1) A member of a Board of Inquiry has, in respect of the performance of the member's functions as member, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.\n\n(2) A member of staff of a Board of Inquiry has, in the performance of the person's functions in the Board of Inquiry's inquiry, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.\n\n(3) A person legally representing another person in a Board of Inquiry's inquiry has the same protection and immunity as an Australian legal practitioner has in representing a party in proceedings in the Supreme Court.\n\n(4) A person who gives information or evidence, or produces a document or other thing, to a Board of Inquiry has the same protection and immunity as a witness has in proceedings in the Supreme Court.\n\nDivision 9—Boards of Inquiry and courts\n\n","sortOrder":99},{"sectionNumber":"80","sectionType":"section","heading":"Admissibility of answers, information, documents and other things","content":"\t80 Admissibility of answers, information, documents and other things\n\n(1) Any answer, information, document or other thing given or produced to a Board of Inquiry by a person and the fact that an answer, information, document or other thing was given or produced, is not admissible in evidence, or otherwise able to be used, against the person in any other proceedings, except in proceedings for—\n\n(b) an offence against section 254 or 314 of the **Crimes Act 1958** in relation to the Board of Inquiry.\n\n(2) Subsection (1) does not apply to a document or other thing if it was obtained, or could have been obtained, independently of its production to the Board of Inquiry, either before or after its production, by the person seeking to tender it in evidence, or otherwise to use it, in the other proceedings.\n\n***other proceedings*** means criminal, civil or administrative proceedings before a court, tribunal or person acting judicially or disciplinary proceedings, including proceedings that were pending when the answer, information, document or other thing was given or produced to the Board of Inquiry.\n\n","sortOrder":100},{"sectionNumber":"81","sectionType":"section","heading":"Referral of questions of law to Supreme Court","content":"\t81 Referral of questions of law to Supreme Court\n\n(1) The chairperson of a Board of Inquiry may refer any question of law arising in an inquiry to the Supreme Court for decision.\n\nDivision 10—Assistance for witnesses\n\n","sortOrder":101},{"sectionNumber":"82","sectionType":"section","heading":"Costs of attending Board of Inquiry","content":"\t82 Costs of attending Board of Inquiry\n\n(1) This section applies to a person who attends a Board of Inquiry—\n\n(a) in accordance with a notice to attend; or\n\n(b) at the request of the Board of Inquiry.\n\n(2) Subject to subsection (3), the person is entitled to be paid expenses and allowances in accordance with the prescribed scale.\n\n(3) Subsection (2) does not apply—\n\n(a) in an inquiry that is being conducted concurrently under this Act and under the law of the Commonwealth, another State or a Territory, unless the establishing Order for the Board of Inquiry provides otherwise; or\n\n(b) if the establishing Order does not authorise the Board of Inquiry to incur expenses or financial obligations to be met from the Consolidated Fund.\n\nDivision 11—Confidentiality, sharing and use of information\n\n","sortOrder":102},{"sectionNumber":"83","sectionType":"section","heading":"Confidentiality for Board of Inquiry officers","content":"\t83 Confidentiality for Board of Inquiry officers\n\nA person who is or was a Board of Inquiry officer must not knowingly disclose any information acquired by the person by reason of being a Board of Inquiry officer, or in the course of the performance of functions under this Act or any other Act, except—\n\n(a) for the performance of the functions of the Board of Inquiry officer under this or any other Act; or\n\n(b) for the purpose of any criminal proceedings under section 254 or 314 of the **Crimes Act 1958** in relation to the Board of Inquiry; or\n\n(c) if the information is in the public domain at the time of the disclosure, otherwise than as a result of a disclosure that the person knows or ought to have known was unlawful; or\n\n","sortOrder":103},{"sectionNumber":"84","sectionType":"section","heading":"Disclosure or provision of information by members or authorised persons","content":"\t84 Disclosure or provision of information by members or authorised persons\n\n(1) A member of a Board of Inquiry or a person authorised by a member may at any time provide or disclose any information referred to in section 83, or give any document or other thing, to any person or body if the member or authorised person—\n\n(a) considers that the information, document or other thing is relevant to the performance of the functions of the person or body; and\n\n(2) If a document or other thing is given to a person or body under subsection (1), the person or body must, at the request of a Board of Inquiry officer, return the document or other thing if it ceases to be reasonably necessary for the person or body to retain the document or other thing for the purposes for which it was given to the person or body.\n\n","sortOrder":104},{"sectionNumber":"85","sectionType":"section","heading":"Taking advantage of information","content":"\t85 Taking advantage of information\n\n(1) This section applies to a person to whom information is given by a Board of Inquiry or a Board of Inquiry officer during the course of the Board of Inquiry's inquiry.\n\n(2) The person to whom the information is given must not take advantage of the information to benefit the person or any other person.\n\n(3) A person does not commit an offence against subsection (2) if the information is in the public domain at the time the person takes advantage of it, otherwise than as a result of a disclosure that the person knows or ought to have known was unlawful.\n\nDivision 12—Offences\n\n","sortOrder":105},{"sectionNumber":"86","sectionType":"section","heading":"Offence to fail to comply with a notice to produce or attend","content":"\t86 Offence to fail to comply with a notice to produce or attend\n\nA person who is duly served with a notice to produce or notice to attend in relation to a Board of Inquiry must not, without reasonable excuse, refuse or fail to comply with the notice.\n\n1 See Division 6 in relation to statutory secrecy and confidentiality provisions.\n\n2 See also section 72 of the **Criminal Procedure Act 2009**, which deals with the evidential burden of proof.\n\n3 Section 128 applies to an offence against this section.\n\n\t87 Offence to fail to take oath, make affirmation or answer question\n\n(1) A person who is duly served with a notice to attend a Board of Inquiry under section 64(1)(c) or (d) must not, without reasonable excuse—\n\n(a) refuse or fail to take an oath or make an affirmation when required to do so; or\n\n(b) refuse or fail to answer a question that the person is required to answer by the Board of Inquiry.\n\nSee also section 72 of the **Criminal Procedure Act 2009**, which deals with the evidential burden of proof.\n\n(2) A person does not commit an offence against subsection (1) unless, before the person is required to take the oath or make the affirmation or answer the question, the Board of Inquiry informs the person that refusal or failure to do so without reasonable excuse is an offence.\n\n","sortOrder":106},{"sectionNumber":"88","sectionType":"section","heading":"Offence to contravene exclusion or restriction orders","content":"\t88 Offence to contravene exclusion or restriction orders\n\n(1) A person must not engage in conduct that constitutes a contravention of an order of a member of a Board of Inquiry under section 71(1) or 73(1) that is in force if the person—\n\n","sortOrder":107},{"sectionNumber":"89","sectionType":"section","heading":"Offence to hinder, obstruct or cause serious disruption to proceeding","content":"\t89 Offence to hinder, obstruct or cause serious disruption to proceeding\n\nA person must not engage in conduct that  hinders, obstructs or causes serious disruption to a proceeding of a Board of Inquiry if the person—\n\n","sortOrder":108},{"sectionNumber":"90","sectionType":"section","heading":"Offence to make false or misleading statements or produce false or misleading documents or other things","content":"\t90 Offence to make false or misleading statements or produce false or misleading documents or other things\n\n(1) A person must not make a statement to a Board of Inquiry that the person knows to be false or misleading in a material particular.\n\nSee section 314 of the **Crimes Act 1958** in relation to perjury and section 254 of that Act in relation to the destruction of evidence.\n\n(2) A person must not produce a document or other thing to a Board of Inquiry that the person knows to be false or misleading in a material particular unless the person indicates to the Board of Inquiry the respect in which it is false or misleading and, to the extent practicable, provides the correct information.\n\nS. 91 substituted by No. 14/2021 s. 29.\n\n","sortOrder":109},{"sectionNumber":"91","sectionType":"section","heading":"Offence of taking detrimental action against workers","content":"\t91 Offence of taking detrimental action against workers\n\n(1) A person who conducts a business or other undertaking must not take or threaten to take detrimental action against a worker of the business or other undertaking because—\n\n(a) the worker has given information to a Board of Inquiry; or\n\n(b) the person believes that the worker has given or will give information to a Board of Inquiry.\n\n(2) It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in subsection (1)(a) or (b) was not a substantial reason for the detrimental action.\n\n(a) the worker unlawfully gave information to a Board of Inquiry; or\n\n(b) the worker contravened section 90 of this Act or section 314 of the **Crimes Act 1958** in respect of the information given to a Board of Inquiry.\n\n","sortOrder":110},{"sectionNumber":"92","sectionType":"section","heading":"Offence of taking detrimental action against members","content":"\t92 Offence of taking detrimental action against members\n\n(1) A person must not take detrimental action against another person who is or was a member of a Board of Inquiry because the other person is or was a member of a Board of Inquiry.\n\n(2) It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in that subsection was not a substantial reason for the detrimental action.\n\nPart 4—Formal Reviews\n\nDivision 1—Establishment of Formal Reviews\n\n\t93 Establishment of Formal Review by instrument\n\n(1) The Premier, by instrument, may appoint any one or more natural persons to constitute a Formal Review to inquire into and report on the terms of reference specified in the instrument.\n\n(2) A Minister other than the Premier may, with the Premier's approval, by instrument appoint any one or more natural persons to constitute a Formal Review to inquire into and report on the terms of reference specified in the instrument.\n\n(3) The establishing instrument for a Formal Review—\n\n(i) the person or persons appointed to constitute the Formal Review;\n\n(ii) if more than one person is appointed, the person who is to chair the Formal Review;\n\n(iii) the terms of reference of the Formal Review; and\n\n(i) a time by which the Formal Review is to report on its inquiry;\n\n(ii) whether the Formal Review is authorised to incur expenses and financial obligations and, if so, the maximum amount of those expenses and obligations;\n\n(iii) the manner in which the inquiry of the Formal Review is to be conducted;\n\n(iv) if there is more than one member, which (if any) of the functions of the Formal Review must be performed by the members jointly and which (if any) may be performed by one or more members separately;\n\nS. 93(3)(b)(v) substituted by No. 10/2015 s. 13.\n\n(v) whether persons who attend the Formal Review at the request of the Formal Review are entitled to be paid expenses and allowances;\n\n(vi) any other matter the Premier or other Minister making the instrument considers appropriate.\n\n","sortOrder":111},{"sectionNumber":"94","sectionType":"section","heading":"Conversion of Formal Review into a Board of Inquiry","content":"\t94 Conversion of Formal Review into a Board of Inquiry\n\n(1) The Governor in Council, by Order published in the Government Gazette in accordance with section 53, may convert a Formal Review into a Board of Inquiry.\n\n(2) If a Formal Review is converted into a Board of Inquiry—\n\n(a) the members of the Formal Review become members of the Board of Inquiry; and\n\n(b) any members of staff of the Formal Review become members of staff of the Board of Inquiry; and\n\n(c) any information or evidence given to or obtained by, and any documents and other things produced to, the Formal Review are taken to have been given to, obtained by or produced to the Board of Inquiry; and\n\n(d) any arrangements or agreements entered into by or on behalf of the Formal Review that are in force continue in force as if they had been entered into by or on behalf of the Board of Inquiry.\n\n(3) Subsection (2) is subject to the establishing Order for the Board of Inquiry.\n\n(4) The conversion of a Formal Review into a Board of Inquiry takes effect on the day on which the establishing Order is published in the Government Gazette under section 53.\n\n","sortOrder":112},{"sectionNumber":"95","sectionType":"section","heading":"Conversion of Formal Review into a Royal Commission","content":"\t95 Conversion of Formal Review into a Royal Commission\n\n(1) The Governor, by letters patent issued in accordance with section 5 to the members of a Formal Review, may convert the Formal Review into a Royal Commission.\n\n(2) If a Formal Review is converted into a Royal Commission—\n\n(a) the members of the Formal Review become commissioners; and\n\n(b) any members of staff of the Formal Review become members of staff of the Royal Commission; and\n\n(c) any information or evidence given to or obtained by, and any documents and other things produced to, the Formal Review are taken to have been given to, obtained by or produced to the Royal Commission; and\n\n(d) any arrangements or agreements entered into by or on behalf of the Formal Review that are in force continue in force as if they had been entered into by or on behalf of the Royal Commission.\n\n(3) Subsection (2) is subject to the letters patent referred to in subsection (1).\n\n(4) The conversion of a Formal Review into a Royal Commission takes effect on the day on which the letters patent are published in the Government Gazette under section 6.\n\nDivision 2—Arrangements to facilitate Formal Reviews\n\n","sortOrder":113},{"sectionNumber":"96","sectionType":"section","heading":"Staffing and services","content":"\t96 Staffing and services\n\n(1) There may be employed under Part 3 of the **Public Administration Act 2004** any employees that are necessary for a Formal Review to perform its functions.\n\nSee also section 18 of the **Public Administration Act 2004**, which provides for delegation powers of a public service body Head under that Act. That section would permit employment functions under that Act to be delegated to the chairperson of a Formal Review.\n\n(2) The chairperson of a Formal Review may—\n\n(a) enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body; and\n\n(c) enter into agreements or arrangements for the provision of any other services to the Formal Review.\n\n(3) The employment or engagement of members of staff of a Formal Review may be on any terms and conditions the chairperson considers appropriate and all members of staff are subject to the direction of the chairperson.\n\n(4) The chairperson of a Formal Review may, by instrument, delegate to another Formal Review officer a function under this section, other than this power of delegation.\n\nSection 18(2) of the **Public Administration Act 2004** provides for subdelegation of powers delegated under that section.\n\n","sortOrder":114},{"sectionNumber":"97","sectionType":"section","heading":"Certain public sector values do not apply to Formal Review staff","content":"\t97 Certain public sector values do not apply to Formal Review staff\n\nIf the public sector values referred to in section 7(1)(a)(i) and (c)(iii) of the **Public Administration Act 2004** would, but for this section, apply to a member of staff of a Formal Review, those public sector values do not apply to the member of staff in respect of their employment or engagement with the Formal Review.\n\nSection 7(1)(a)(i) and (c)(iii) of the **Public Administration Act 2004** deal with providing advice to the Government and implementing Government policies and programs.\n\n","sortOrder":115},{"sectionNumber":"98","sectionType":"section","heading":"Expenses and financial obligations of Formal Review","content":"\t98 Expenses and financial obligations of Formal Review\n\n(1) Expenses and financial obligations may be incurred by a Formal Review only—\n\n(a) if authorised by the establishing instrument for the Formal Review; and\n\n(b) to the extent of the maximum amount specified in the establishing instrument.\n\n(2) To avoid doubt, subsection (1) does not prevent the entering into of agreements or arrangements, or the engagement of persons, under section 96 at no cost to the Formal Review.\n\nDivision 3—Conduct of Formal Review inquiries\n\n","sortOrder":116},{"sectionNumber":"99","sectionType":"section","heading":"Manner of inquiry of Formal Review","content":"\t99 Manner of inquiry of Formal Review\n\nA Formal Review may conduct its inquiry in any manner that it considers appropriate, subject to—\n\n(b) the establishing instrument for the Formal Review; and\n\n","sortOrder":117},{"sectionNumber":"100","sectionType":"section","heading":"Members may act separately","content":"\t100 Members may act separately\n\n(1) This section applies if a Formal Review is constituted by more than one member.\n\n(2) Subject to this Act and the establishing instrument for the Formal Review, the chairperson of the Formal Review may determine from time to time that any of the functions of the Formal Review may be performed by one or more members separately.\n\nSubject to the establishing instrument, the chairperson could determine that the individual members hold concurrent hearings.\n\n","sortOrder":118},{"sectionNumber":"101","sectionType":"section","heading":"Evidence","content":"\t101 Evidence\n\nA Formal Review is not bound by the rules of evidence or any practices or procedures applicable to courts of record and may inform itself on any matter as it sees fit.\n\n","sortOrder":119},{"sectionNumber":"102","sectionType":"section","heading":"Participation in Formal Review inquiries","content":"\t102 Participation in Formal Review inquiries\n\n(1) A Formal Review may allow, to the extent and in the manner determined by the Formal Review—\n\n(2) In allowing a person to appear or participate in an inquiry, or to be legally represented, the Formal Review may have regard to the following factors—\n\n(b) the likelihood that the Formal Review may make an adverse finding against the person;\n\n(c) the ability of the person to assist the Formal Review in the inquiry;\n\n(e) any other matter the Formal Review considers relevant.\n\n","sortOrder":120},{"sectionNumber":"103","sectionType":"section","heading":"Practice directions, statements and notes","content":"\t103 Practice directions, statements and notes\n\n(1) A Formal Review may from time to time issue practice directions, statements or notes in relation to its inquiry.\n\n(2) Practice directions, statements or notes issued under subsection (1) must not be inconsistent with the establishing instrument, this or any other Act or any regulations made under this or any other Act.\n\n(3) Practice directions, statements or notes issued under subsection (1) are not legislative instruments within the meaning of the **Subordinate Legislation Act 1994**.\n\nDivision 4—Control of proceedings and publication of information and evidence\n\n","sortOrder":121},{"sectionNumber":"104","sectionType":"section","heading":"Access to Formal Review proceedings","content":"\t104 Access to Formal Review proceedings\n\n(1) A member of a Formal Review may make an order excluding any person from a proceeding of the Formal Review if—\n\n(e) the member otherwise considers the exclusion appropriate.\n\n(2) The Formal Review must cause a copy of the order to be posted—\n\n(3) An order made under subsection (1) is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\n","sortOrder":122},{"sectionNumber":"105","sectionType":"section","heading":"Power to expel persons who disrupt proceedings","content":"\t105 Power to expel persons who disrupt proceedings\n\nA Formal Review may expel a person from a proceeding of the Formal Review if the person disrupts the proceeding.\n\n","sortOrder":123},{"sectionNumber":"106","sectionType":"section","heading":"Restriction on publication of information relating to Formal Review inquiries","content":"\t106 Restriction on publication of information relating to Formal Review inquiries\n\n(1) Subject to subsection (2), a member of a Formal Review may make an order prohibiting or restricting the publication of—\n\n(a) any information that may enable the identity of a person who has given, or is to give, information to the Formal Review for the purposes of an inquiry to be ascertained; or\n\n(b) any information given to the Formal Review for the purposes of an inquiry.\n\n(2) A member may make an order prohibiting or restricting the publication of information or evidence if—\n\n(e) the member otherwise considers the prohibition or restriction appropriate.\n\n(3) If the order is made during a proceeding, the Formal Review must cause a copy of the order to be posted—\n\n(4) If the order is made in relation to information that is given by the Formal Review to another person, the Formal Review must cause a copy of the order to be given to that person.\n\n(5) An order made under this section is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\nDivision 5—Reports of Formal Reviews\n\n","sortOrder":124},{"sectionNumber":"107","sectionType":"section","heading":"Report of Formal Review","content":"\t107 Report of Formal Review\n\n(1) A Formal Review must deliver a report of its inquiry—\n\n(a) to the Premier; and\n\n(b) if the Formal Review was established by a Minister other than the Premier, to that Minister.\n\n(2) A report may contain any recommendations the Formal Review considers appropriate.\n\n(a) within the time specified in the establishing instrument for the Formal Review; or\n\n(b) if no time is so specified, as soon as practicable after the Formal Review completes the inquiry.\n\n","sortOrder":125},{"sectionNumber":"108","sectionType":"section","heading":"Adverse findings","content":"\t108 Adverse findings\n\n(1) If a Formal Review proposes to make a finding that is adverse to a person, the Formal Review must be satisfied that the person—\n\n(2) A Formal Review must consider a person's response under subsection (1)(b) (if any) before making a finding that is adverse to the person.\n\n(3) If the Formal Review includes a finding that is adverse to a person in its report, the Formal Review must fairly set out the person's response under subsection (1)(b) (if any) in the report.\n\n","sortOrder":126},{"sectionNumber":"109","sectionType":"section","heading":"Tabling of Formal Review report","content":"\t109 Tabling of Formal Review report\n\n(1) The relevant Minister may cause a copy of the report of a Formal Review to be laid before each House of Parliament or, if neither House is sitting, to be given to the clerk of each House.\n\n(2) If the relevant Minister proposes to give the report to the clerk of each House, the relevant Minister must—\n\n(a) give at least one business day's notice of the relevant Minister's intention to do so to the clerk of each House; and\n\n(b) give a copy of the report to the clerk of each House on the day indicated in the notice.\n\n(a) notify each member of the House of the receipt of a notice under subsection (2)(a) on the same day that the clerk receives that notice; and\n\n(b) make available copies of the report for each member of the House as soon as practicable after the report is received under subsection (2)(b); and\n\n(c) cause the report to be laid before the House on the next sitting day of the House.\n\n(4) A copy of a report that is given to the clerks under subsection (2)(b) is taken to have been published by order, or under the authority, of the Houses of Parliament.\n\n(5) The publication of a copy of a report in accordance with this section is absolutely privileged and the provisions of sections 73 and 74 of the **Constitution Act 1975** and of any other enactment or rule of law relating to the publication of the proceedings of Parliament apply to and in relation to the publication of the copy of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of Parliament.\n\n(6) In this section—\n\n***relevant Minister*** means—\n\n(a) for a Formal Review referred to in section 93(1), the Premier;\n\n(b) for a Formal Review referred to in section 93(2), the Minister who established the Formal Review.\n\nDivision 6—Protection from legal liability\n\n","sortOrder":127},{"sectionNumber":"110","sectionType":"section","heading":"Compellability of members","content":"\t110 Compellability of members\n\n(1) A person who is or was a member of a Formal Review is not compellable to give evidence in relation to the Formal Review in any criminal, civil, administrative or disciplinary proceedings.\n\n(2) Nothing in subsection (1) prevents a person who is or was a member of a Formal Review giving evidence voluntarily.\n\n","sortOrder":128},{"sectionNumber":"111","sectionType":"section","heading":"Protection of participants","content":"\t111 Protection of participants\n\n(1) A member of a Formal Review has, in respect of the performance of the member's functions as member, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.\n\n(2) A member of staff of a Formal Review has, in the performance of the person's functions in the Formal Review's inquiry, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.\n\n(3) A person legally representing another person in a Formal Review's inquiry has the same protection and immunity as an Australian legal practitioner has in representing a party in proceedings in the Supreme Court.\n\n(4) A person who gives information or evidence to a Formal Review has the same protection and immunity as a witness has in proceedings in the Supreme Court.\n\nDivision 7—Formal Reviews and courts\n\n","sortOrder":129},{"sectionNumber":"112","sectionType":"section","heading":"Admissibility of answers, information, documents and other things","content":"\t112 Admissibility of answers, information, documents and other things\n\n(1) Any answer, information, document or other thing given or produced to a Formal Review by a person and the fact that an answer, information, document or other thing was given or produced, is not admissible in evidence, or otherwise able to be used, against the person in any other proceedings, except in proceedings for—\n\n(b) an offence against section 254 of the **Crimes Act 1958** in relation to the Formal Review.\n\n(2) Subsection (1) does not apply to a document or other thing if it was obtained, or could have been obtained, independently of its production to the Formal Review, either before or after its production, by the person seeking to tender it in evidence, or otherwise to use it, in the other proceedings.\n\n***other proceedings*** means criminal, civil or administrative proceedings before a court, tribunal or person acting judicially or disciplinary proceedings, including proceedings that were pending when the answer, information, document or other thing was given or produced to the Formal Review.\n\n","sortOrder":130},{"sectionNumber":"113","sectionType":"section","heading":"Referral of questions of law to Supreme Court","content":"\t113 Referral of questions of law to Supreme Court\n\n(1) The chairperson of a Formal Review may refer any question of law arising in an inquiry to the Supreme Court for decision.\n\nDivision 8—Assistance for witnesses\n\nS. 114 substituted by No. 10/2015 s. 14.\n\n","sortOrder":131},{"sectionNumber":"114","sectionType":"section","heading":"Costs of attending Formal Review","content":"\t114 Costs of attending Formal Review\n\n(1) This section applies to a person who attends a Formal Review at the request of the Formal Review if the establishing instrument for the Formal Review—\n\n(a) provides that persons who attend the Formal Review at the request of the Formal Review are entitled to be paid expenses and allowances; and\n\n(b) authorises the Formal Review to incur expenses and financial obligations.\n\n(2) The person is entitled to be paid expenses and allowances in accordance with the prescribed scale.\n\nDivision 9—Confidentiality, sharing and use of information\n\n","sortOrder":132},{"sectionNumber":"115","sectionType":"section","heading":"Confidentiality for Formal Review officers","content":"\t115 Confidentiality for Formal Review officers\n\nA person who is or was a Formal Review officer must not knowingly disclose any information acquired by the person by reason of being a Formal Review officer, or in the course of the performance of functions under this Act or any other Act, except—\n\n(a) for the performance of the functions of the Formal Review officer under this or any other Act; or\n\n(b) for the purpose of any criminal proceedings under section 254 of the **Crimes Act 1958** in relation to the Formal Review; or\n\n(c) if the information is in the public domain at the time of the disclosure, otherwise than as a result of a disclosure that the person knows or ought to have known was unlawful; or\n\n","sortOrder":133},{"sectionNumber":"116","sectionType":"section","heading":"Disclosure or provision of information by members or authorised persons","content":"\t116 Disclosure or provision of information by members or authorised persons\n\n(1) A member of a Formal Review or a person authorised by a member may at any time provide or disclose any information referred to in section 115, or give any document or other thing, to any person or body if the member or authorised person—\n\n(a) considers that the information, document or other thing is relevant to the performance of the functions of the person or body; and\n\n(2) If a document or other thing is given to a person or body under subsection (1), the person or body must, at the request of a Formal Review officer, return the document or other thing if it ceases to be reasonably necessary for the person or body to retain the document or other thing for the purposes for which it was given to the person or body.\n\n","sortOrder":134},{"sectionNumber":"117","sectionType":"section","heading":"Taking advantage of information","content":"\t117 Taking advantage of information\n\n(1) This section applies to a person to whom information is given by a Formal Review or a Formal Review officer during the course of the Formal Review's inquiry.\n\n(2) The person to whom the information is given must not take advantage of the information to benefit the person or any other person.\n\n(3) A person does not commit an offence against subsection (2) if the information is in the public domain at the time the person takes advantage of it, otherwise than as a result of a disclosure that the person knows or ought to have known was unlawful.\n\nDivision 10—Offences\n\n","sortOrder":135},{"sectionNumber":"118","sectionType":"section","heading":"Offence to contravene exclusion or restriction orders","content":"\t118 Offence to contravene exclusion or restriction orders\n\n(1) A person must not engage in conduct that constitutes a contravention of an order of a member of a Formal Review under section 104(1) or 106(1) that is in force if the person—\n\n","sortOrder":136},{"sectionNumber":"119","sectionType":"section","heading":"Offence to hinder, obstruct or cause serious disruption to proceeding","content":"\t119 Offence to hinder, obstruct or cause serious disruption to proceeding\n\nA person must not engage in conduct that  hinders, obstructs or causes serious disruption to a proceeding of a Formal Review if the person—\n\n","sortOrder":137},{"sectionNumber":"120","sectionType":"section","heading":"Offence to make false or misleading statements or produce false or misleading documents or other things","content":"\t120 Offence to make false or misleading statements or produce false or misleading documents or other things\n\n(1) A person must not make a statement to a Formal Review that the person knows to be false or misleading in a material particular.\n\n(2) A person must not produce a document or other thing to a Formal Review that the person knows to be false or misleading in a material particular unless the person indicates to the Formal Review the respect in which it is false or misleading and, to the extent practicable, provides the correct information.\n\nS. 121 substituted by No. 14/2021 s. 30.\n\n","sortOrder":138},{"sectionNumber":"121","sectionType":"section","heading":"Offence of taking detrimental action against workers","content":"\t121 Offence of taking detrimental action against workers\n\n(1) A person who conducts a business or other undertaking must not take or threaten to take detrimental action against a worker of the business or other undertaking because—\n\n(a) the worker has given information to a Formal Review; or\n\n(b) the person believes that the worker has given or will give information to a Formal Review.\n\n(2) It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in subsection (1)(a) or (b) was not a substantial reason for the detrimental action.\n\n(a) the worker unlawfully gave information to a Formal Review; or\n\n(b) the worker contravened section 120 in respect of the information given to a Formal Review.\n\n","sortOrder":139},{"sectionNumber":"122","sectionType":"section","heading":"Offence of taking detrimental action against members","content":"\t122 Offence of taking detrimental action against members\n\n(1) A person must not take detrimental action against another person who is or was a member of a Formal Review because the other person is or was a member of a Formal Review.\n\n(2) It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in that subsection was not a substantial reason for the detrimental action.\n\nPart 5—General\n\nDivision 1—General provisions for inquiries\n\n\t123 Powers of Royal Commissions and Boards of Inquiry\n\n(1) A Royal Commission or Board of Inquiry cannot inquire into or exercise any powers in relation to any of the following persons or bodies—\n\n(a) the Auditor-General;\n\n(b) the Ombudsman;\n\n(c) the Electoral Commissioner;\n\n(d) the IBAC;\n\nS. 123(1)(e) amended by No. 31/2024 s. 113(Sch. 1 item 17.2).\n\n(e) Integrity Oversight Victoria;\n\n(f) the Director of Public Prosecutions for Victoria;\n\n(g) a Crown Prosecutor;\n\n(h) a Victorian court;\n\n(i) VCAT;\n\n(j) a judicial officer;\n\n(k) a non-judicial member of VCAT;\n\n(l) a member of the staff of Court Services Victoria in relation to the performance of judicial or quasi-judicial functions of a Victorian court.\n\n(2) To avoid doubt, it is not the intention of this Act to alter or vary section 94B, 94E or 94F of the **Constitution Act 1975**.\n\n(3) Nothing in this section prevents a person or body referred to in subsection (1) from giving evidence or information, or producing a document or other thing, voluntarily to a Royal Commission or Board of Inquiry.\n\n","sortOrder":140},{"sectionNumber":"124","sectionType":"section","heading":"Transfer of records","content":"\t124 Transfer of records\n\n(1) When a Royal Commission, Board of Inquiry or Formal Review ceases to exist, all its records are to be transferred to the Department of Premier and Cabinet, unless the Premier, by instrument, determines that they are to be transferred to another public office.\n\nS 124(1A)  inserted by No. 4/2025 s. 5(1).\n\n(1A) If the Premier makes a determination under subsection (1), the Premier must also specify in the determination a person in relation to the public office who is to be responsible for causing the records to be transferred under subsection (2).\n\nS 124(2)  amended by No. 4/2025 s. 5(2).\n\n(2) Subject to the **Public Records Act 1973**, including any arrangements made under section 2B(b), standards established under section 12 and authorisations given under section 20 of that Act, the Secretary or responsible person must cause the records to be transferred to the custody of the Public Record Office as soon as practicable after their receipt.\n\n(3) Records transferred to the Department of Premier and Cabinet, 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 Royal Commission, Board of Inquiry or Formal Review.\n\nS 124(4)  substituted by No. 4/2025 s. 5(3).\n\n(4) Section 8A of the **Public Records Act 1973** does not apply to a record to which this section applies.\n\n(5) In this section—\n\nS 124(5)  def. of *public office* amended by No. 4/2025 s. 5(4)(b).\n\n***public office*** has the same meaning as in the **Public Records Act 1973**;\n\nS 124(5)  def. of *responsible person* inserted by No. 4/2025 s. 5(4)(a).\n\n***responsible person*** means a person who is specified in relation to a public office in a determination under this section.\n\nS 125 (Heading)  amended by No. 4/2025 s. 6(1).\n\n","sortOrder":141},{"sectionNumber":"125","sectionType":"section","heading":"Exemptions from Freedom of Information Act 1982","content":"\t125 Exemptions from Freedom of Information Act 1982\n\n(1) The **Freedom of Information Act 1982** does not apply to—\n\n(a) a document that is in the possession of a Royal Commission, Board of Inquiry or Formal Review; or\n\n(b) a document of a Royal Commission, Board of Inquiry or Formal Review that is in the possession of an agency at any time during which the Royal Commission, Board of Inquiry or Formal Review is in existence.\n\nS 125(1A)  inserted by No. 4/2025 s. 6(2).\n\n(1A) Without limiting subsection (1), the **Freedom of Information Act 1982** does not apply to a document that is subject to a Yoorrook Justice Commission record order for the period of 99 years beginning on the day on which the record is transferred to the Department of Premier and Cabinet under section 124.\n\n***agency*** has the same meaning as in the **Freedom of Information Act 1982**;\n\n***document*** has the same meaning as in the **Freedom of Information Act 1982**.\n\n","sortOrder":142},{"sectionNumber":"126","sectionType":"section","heading":"Continuity of inquiries","content":"\t126 Continuity of inquiries\n\n(1) If a Royal Commission consists of more than one commissioner, a change in commissioners, or any other variation of the letters patent for the Royal Commission, does not affect the continuity of the Royal Commission.\n\n(2) If a Board of Inquiry or Formal Review consists of more than one member, a change in membership, or any other variation of the establishing Order for the Board of Inquiry or establishing instrument for the Formal Review, does not affect the continuity of the Board of Inquiry or the Formal Review.\n\n(3) Without limiting subsection (1) or (2)—\n\n(a) any members of staff of the Royal Commission, Board of Inquiry or Formal Review continue as members of staff; and\n\n(b) any information or evidence given to or obtained by, and any documents and other things produced to, the Royal Commission, Board of Inquiry or Formal Review before the variation may continue to be taken into consideration by the Royal Commission, Board of Inquiry or Formal Review; and\n\n(c) any arrangements or agreements entered into by or on behalf of the Royal Commission, Board of Inquiry or Formal Review that are in force immediately before the variation continue in force.\n\n(4) This section is subject to the letters patent, establishing Order or establishing instrument.\n\nDivision 2—Ancillary provisions for offences\n\n","sortOrder":143},{"sectionNumber":"127","sectionType":"section","heading":"Definitions","content":"\t127 Definitions\n\nIn this Division—\n\n***body corporate*** has the same meaning as corporation has in section 57A of the Corporations Act;\n\n***officer*** in relation to a body corporate means—\n\n(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or\n\n(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.\n\n","sortOrder":144},{"sectionNumber":"128","sectionType":"section","heading":"Criminal liability of officers of bodies corporate—accessorial liability","content":"\t128 Criminal liability of officers of bodies corporate—accessorial liability\n\n(1) If a body corporate commits an offence against a provision specified in Schedule 1, an officer of the body corporate also commits an offence against the provision if the officer—\n\n(a) authorised or permitted the commission of the offence by the body corporate; or\n\n(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.\n\n(2) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.\n\n(3) An officer of a body corporate may commit an offence against a provision specified in Schedule 1 whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.\n\nS. 128(4) substituted by No. 10/2015 s. 15.\n\n(4) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the **Crimes Act 1958**.\n\n","sortOrder":145},{"sectionNumber":"129","sectionType":"section","heading":"Offences by bodies corporate","content":"\t129 Offences by bodies corporate\n\n(1) If in a proceeding for an offence against this Act or the regulations it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention.\n\n(2) A statement made by an officer of a body corporate is admissible as evidence against the body corporate in any proceeding against the body corporate for an offence against this Act or the regulations.\n\n","sortOrder":146},{"sectionNumber":"130","sectionType":"section","heading":"Maximum fine for bodies corporate","content":"\t130 Maximum fine for bodies corporate\n\n(1) If a body corporate is found guilty of an offence against this Act or the regulations and the court has power to fine the body corporate, it may, unless the contrary intention appears, impose on the body corporate a fine not greater than 5 times the amount of the maximum fine that could be imposed by the court on a natural person found guilty of the same offence committed at the same time.\n\n(2) This section has effect despite—\n\n(a) anything to the contrary in the **Sentencing Act 1991**; and\n\n(b) the prescription of a maximum fine for the offence applicable to all offenders.\n\n","sortOrder":147},{"sectionNumber":"131","sectionType":"section","heading":"Responsible agency for the Crown","content":"\t131 Responsible agency for the Crown\n\n(1) If proceedings are brought against the Crown for an offence against this Act or the regulations, the responsible agency in respect of the offence may be specified in any document initiating, or relating to, the proceedings.\n\n(2) In this section, the responsible agency in respect of an offence is the agency of the Crown—\n\n(a) whose acts or omissions are alleged to constitute the offence; or\n\n(b) if that agency has ceased to exist, that is the successor of that agency; or\n\n(c) if that agency has ceased to exist and there is no clear successor, that the court declares to be the responsible agency.\n\n(3) The responsible agency in respect of an offence is entitled to act in proceedings against the Crown for the offence and, subject to any relevant rules of court, the procedural rights and obligations of the Crown as the accused in the proceedings are conferred or imposed on the responsible agency.\n\n(4) The person prosecuting the offence may change the responsible agency during the proceedings with the leave of the court.\n\n","sortOrder":148},{"sectionNumber":"132","sectionType":"section","heading":"Proceedings against successors to public bodies","content":"\t132 Proceedings against successors to public bodies\n\n(1) Proceedings for an offence against this Act or the regulations that were commenced against a public body before its dissolution, or that could have been commenced against a public body if not for its dissolution, may be continued or commenced against its successor if the successor is a public body.\n\n***public body*** has the same meaning as in the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\nDivision 3—Regulations\n\n","sortOrder":149},{"sectionNumber":"133","sectionType":"section","heading":"Regulations","content":"\t133 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or limited application; and\n\n(b) may differ according to differences in time, place or circumstance; and\n\n(c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or class of persons; and\n\n(d) may provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified; and\n\n(e) may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons; and\n\n(f) may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed (whether under this or any other Act) or published by any person—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as formulated, issued, prescribed (whether under this or any other Act) or published at the time the regulations are made or at any time before then; or\n\n(iii) as formulated, issued, prescribed (whether under this or any other Act) or published from time to time; and\n\n(g) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.\n\nPt 6 (Headings and  \nss 134–149) repealed by No. 67/2014 s. 149.\n\nPt 7 (Heading and s. 150) inserted by No. 10/2015 s. 16.\n\n","sortOrder":150},{"sectionNumber":"Part 7","sectionType":"part","heading":"Transitional","content":"Part 7—Transitional\n\nS. 150 inserted by No. 10/2015 s. 16.\n\n","sortOrder":151},{"sectionNumber":"150","sectionType":"section","heading":"Inquiries by commissions and boards under Part IVA of the Constitution Act 1975","content":"\t150 Inquiries by commissions and boards under Part IVA of the Constitution Act 1975\n\n(1) Despite the repeal of Part IVA of the **Constitution Act 1975**—\n\n(a) a former commission or former board has, and is to be taken always to have had, the power to continue a current inquiry; and\n\n(b) the Governor in Council may amend the letters patent or other instrument of appointment of a former commission or former board in relation to a current inquiry as if that Part had not been repealed.\n\n***current inquiry*** means an inquiry by a former commission or former board that was begun but has not been completed before the repeal of Part IVA of the **Constitution Act 1975**;\n\n***former board*** means a board appointed under section 88C of the **Constitution Act 1975** before the repeal of Part IVA of that Act;\n\n***former commission*** means a person or persons to whom a commission was issued under section 88B of the **Constitution Act 1975** before the repeal of Part IVA of that Act.\n\nSchedules\n\nSchedule 1—Offences to which accessorial liability attaches\n\n1 Section 43\n\n2 Section 45(2)\n\n3 Section 46\n\n4 Section 48(1)\n\n5 Section 51(1)\n\n6 Section 52(1)\n\n7 Section 83\n\n8 Section 85(2)\n\n9 Section 86\n\n10 Section 88(1)\n\n11 Section 91(1)\n\n12 Section 92(1)\n\n13 Section 115\n\n14 Section 117(2)\n\n15 Section 118(1)\n\n16 Section 121(1)\n\n17 Section 122(1)\n\nSch. 2 repealed by No. 67/2014 s. 149.\n\n═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 21 August 2014*\n\n *Legislative Council: 4 September 2014*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide for the establishment and conduct of inquiries in Victoria, to make related and consequential amendments to other Acts and for other purposes.\"\n\nThe **Inquiries Act 2014** was assented to on 23 September 2014 and came into operation as follows:\n\nSections 1–147, 149 on 15 October 2014: Special Gazette (No. 364) 14 October 2014 page 2; section 148 on 1 July 2015: section 2(2).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes 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.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll 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).\n\n• Examples, diagrams or notes\n\nAll 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).\n\n• Punctuation\n\nAll 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).\n\n• Provision numbers\n\nAll 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).\n\n• Location of \"legislative items\"\n\nA \"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.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Inquiries Act 2014** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Inquiries Act 2014, No. 67/2014**\n\n| Assent Date: | 23.9.14 |\n| Commencement Date: | S. 148 on 1.7.15: s. 2(2); s. 149 on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 |\n| Note: | S. 149 repealed Pt 6 (ss 134–149), Sch. 2 on 1.7.16 |\n\n**Parliamentary Committees and Inquiries Acts Amendment Act 2015, No. 10/2015**\n\n| Assent Date: | 21.4.15 |\n| Commencement Date: | Ss 12–16 on 22.4.15: s. 2 |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 71) on 1.3.19: s. 2(2) |\n\n**Industrial Relations Legislation Amendment Act 2021, No. 14/2021**\n\n| Assent Date: | 11.5.21 |\n| Commencement Date: | Ss 27–30 on 1.7.21: s. 2(1) |\n\n**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**\n\n| Assent Date: | 10.9.24 |\n| Commencement Date: | S. 113(Sch. 1 item 17) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n\n**Inquiries Amendment (Yoorrook Justice Commission Records and Other Matters) Act 2025, No. 4 /2025**\n\n| Assent Date: | 25.2.25 |\n| Commencement Date: | Ss 3–6 on 26.2.25: s. 2 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":152}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to consolidate and modernise the framework for government inquiries in Victoria, consistent with its original stated purpose. No evidence of significant scope creep or departure from original intent is apparent from the provided excerpt."},"complexity_factors":["The legislation governs formal legal processes with quasi-judicial (court-like) powers, requiring understanding of procedural law concepts","Interplay between multiple types of inquiries (e.g., Royal Commissions, boards of inquiry) with potentially different rules for each","Witness rights and compulsion powers create tension between individual rights and government investigative authority","Provisions likely interact with other legislation such as evidence laws, privacy laws, and public administration frameworks","Penalties and enforcement mechanisms add criminal law dimensions","Confidentiality and privilege provisions (e.g., legal professional privilege, public interest immunity) are inherently complex","Limited legislative text was provided for analysis, meaning the full complexity of the Act's provisions cannot be fully assessed from the excerpt alone"],"plain_english_summary":"## Inquiries Act 2014 (Victoria)\n\n**What this law does:**\nThis is a Victorian law that sets out the rules for how formal government inquiries and investigations are conducted. Think of it as the rulebook that governs things like Royal Commissions and other official investigations ordered by the government.\n\n**Who it affects:**\n- **Government ministers and officials** who establish and run inquiries\n- **Ordinary people** who may be called to give evidence or produce documents at an inquiry\n- **Businesses and organisations** that may be subject to investigation\n- **Inquiry commissioners and boards** who conduct the investigations\n\n**Why it matters:**\nWhen something goes seriously wrong — a major disaster, suspected corruption, or systemic failure — the government may order a formal inquiry. This law determines:\n- How an inquiry can be set up and what powers it has\n- Whether people can be **compelled** (legally forced) to appear and give evidence\n- What protections witnesses have (similar to rights in a court)\n- How findings and recommendations are reported\n- What happens if someone obstructs or misleads an inquiry\n\n**In plain terms:** If you were ever called before a government inquiry, this law would govern your rights and obligations. It balances the government's need to get to the truth with protecting individuals from unfair treatment."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This version has expanded the Act’s scope beyond the generic inquiry framework established in 2014 by adding targeted, substantive measures. Notably, it introduced a bespoke regime for the Yoorrook Justice Commission (ss.52A–52I) that permits record closure and record‑restriction orders for specified Aboriginal witness material for a fixed 99‑year period and creates a specific FOI exemption for those records (s.125(1A)). It also added several administrative definitions and duties (e.g. Keeper of Public Records, Secretary, responsible person) and implemented amendments affecting oversight bodies (references to Integrity Oversight Victoria) and worker protections (insertions from 2021). These additions materially broaden the Act’s record‑management and confidentiality powers in a focused way, and alter the balance between public access and long‑term confidentiality for a particular inquiry’s material."},"complexity_factors":["Lengthy Act with ~150 sections plus Schedules and Endnotes","Large interpretation/definitions section with multiple post‑enactment insertions (many defined terms added by amendments) (s.3)","Three parallel but not identical inquiry regimes (Royal Commissions, Boards of Inquiry, Formal Reviews) producing near‑duplicate provisions to cross‑read (Parts 2–4)","Numerous cross‑references to other statutes (Public Administration Act 2004, Public Records Act 1973, Freedom of Information Act 1982, Corporations Act, Crimes Act 1958, Constitution Act 1975, etc.)","Multiple layers of conditional logic and exceptions (e.g. statutory secrecy exceptions, privilege/self‑incrimination carve‑outs in ss.32–34, s.74)","Complex offences and penalties that vary by inquiry type and include corporate and accessorial liability (ss.46–52, 86–92, 118–122, s.128, Sch.1)","Discretionary executive powers over establishment, funding authorisation, publication/tabling and disclosure (ss.5, 11, 37, 75, 109, 44)","New, specialised regime for Yoorrook Justice Commission records with long‑term access limitations and interaction with Public Records/FOI law (ss.52A–52I, s.125(1A), s.124)","Search, seizure and evidentiary procedures with prescribed forms, warrant terms and return obligations (ss.28–31)"],"plain_english_summary":"**What this Act does, in plain English**\n\n- Mechanically, the Inquiries Act 2014 sets out how formal public inquiries in Victoria are created and run. It creates three formal inquiry types with largely parallel powers and procedures: **Royal Commissions** (established by letters patent from the Governor) (s.5), **Boards of Inquiry** (established by Order in Council) (s.53) and **Formal Reviews** (established by instrument of the Premier or another Minister with approval) (s.93). The Act specifies how each type is staffed, how they can call for documents and witnesses, what legal protections and immunities apply, what offences attach to non‑compliance, and how inquiry records are handled and published (Parts 2–4, Part 5). (See s.1 for the Act’s purpose and overview.)\n\n- In short: it provides the legal machinery to establish an inquiry, to compel evidence and attendance, to run hearings and make reports, to protect participants and officers from certain legal liabilities, and to control access to inquiry material. Key powers include notices to produce or attend (e.g. s.17, s.64), search warrants (s.28), examination on oath (s.21, s.68), retention and copying of seized material (s.22, s.69), and exclusion or publication‑restriction orders (s.24–26, s.71–73).\n\n**Who decides and who pays**\n\n- Who decides to set up an inquiry: the Governor on the Premier’s advice for Royal Commissions (s.5), the Governor in Council on the Premier’s recommendation for Boards of Inquiry (s.53), and the Premier (or another Minister with the Premier’s approval) for Formal Reviews (s.93). Terms of reference, membership and timeframes are fixed in the establishing instrument (s.5(2), s.53(2), s.93(3)).\n\n- Who pays: a Royal Commission or Board of Inquiry can incur expenses met from the Consolidated Fund only if the establishing instrument authorises that and sets a maximum amount (s.11, s.58, s.98). The Act permits other, non‑Consolidated Fund sources of funding and in‑kind support arrangements (s.11(3), s.56(2)).\n\n**What it means for individuals and organisations**\n\n- Compulsion and limits on legal privileges: inquiries can compel people and organisations to produce documents and give evidence (s.17, s.64). Several common legal protections do not operate as a blanket excuse: legal professional privilege is not a reason to refuse (s.32), and privilege against self‑incrimination is limited (s.33) except for specific pending criminal or penalty proceedings (s.33(2)). Statutory secrecy duties in other laws can be overridden for inquiry purposes, with limited exceptions (s.34; s.74 for Boards). These are mechanical rules: they change the set of lawful objections available to a witness when a notice is properly served.\n\n- Criminal and civil exposure: non‑compliance with notices, refusal to take an oath or give answers, publication order breaches, or giving false or misleading information attract criminal penalties (e.g. ss.46–50 and equivalents across Parts 2–4). Officers of corporate bodies can also be criminally liable if they authorised or were knowingly concerned in offences by the corporation (accessorial liability) (s.128). Maximum fines for bodies corporate may be up to five times the individual maximum (s.130).\n\n- Protections for witnesses and staff: commissioners, members and staff have judicial‑style immunities while performing functions (s.39, s.79, s.111). People who provide evidence or documents to an inquiry are generally protected from that material being used against them in other proceedings (s.40, s.80, s.112), subject to narrow exceptions (e.g. offences under the Act or certain Crimes Act provisions or materials independently obtained) (s.40(1)–(2)).\n\n**Procedural discretion and administrative burdens**\n\n- Significant discretion sits with the inquiry chair or members: they set the inquiry’s manner (subject to procedural fairness) (s.12, s.59, s.99), can issue practice directions (s.16, s.63, s.103), make exclusion and publication restriction orders (s.24–26, s.71–73), decide participation and legal representation (s.15, s.62, s.102) and control disclosure of inquiry material to other bodies (s.44, s.84, s.116). These discretionary decisions shape what material becomes public and who may participate.\n\n- Compliance costs fall on witnesses and organisations required to produce records or attend: responding to notices, legal advice, document search and preservation, potential litigation over scope and privilege, and risk‑management for staff who may be compelled to give evidence. Employers are expressly prohibited from taking detrimental action against workers who give information to an inquiry (s.51, s.91, s.121), which creates a compliance and monitoring obligation for businesses.\n\n**Special additions in this version (Yoorrook provisions)**\n\n- The Act now contains a bespoke regime for the **Yoorrook Justice Commission**: the Yoorrook Commission may make signed orders to close or restrict access to specified records containing evidence given by Aboriginal witnesses for a 99‑year period after transfer to the Department of Premier and Cabinet (ss.52A–52I). Those orders can limit public inspection, copying and disclosure and operate alongside transfer and custodial arrangements under the Public Records Act (s.124) and an FOI exemption specific to those records (s.125(1A)). The orders must name at least one natural‑person author, and the author retains rights to access and use the record (s.52E, s.52F). The Secretary and Keeper of Public Records have duties to comply so far as reasonably practicable (s.52H). These are mechanically precise limits on public access to a defined class of inquiry material.\n\n**Costs, incentives and trade‑offs — the mechanisms to watch**\n\n- Who pays: public cost is controlled by requiring explicit authorisation in the establishing instrument for Consolidated Fund spending (s.11, s.58, s.98). This focuses budgetary decisions on the executive that creates the inquiry.\n\n- Incentives for cooperation vs protection of information: the Act increases the compellability of evidence (reducing some legal excuses) while creating statutory confidentiality rules, immunity for participants and constrained use of produced material in other proceedings (ss.32–34, 39, 40). That mix encourages disclosure to inquiries but reduces the value of produced material to litigants — a trade‑off that changes expected private returns from withholding information.\n\n- Bureaucratic discretion and political control points: the Premier, Governor and Governor in Council control establishment and publication choices (s.5, s.6, s.37, s.75, s.109). The Act leaves open executive decisions about whether parts of reports are tabled and when, and grants broad powers to commissioners to restrict publication — mechanisms that can delay or limit public access to findings.\n\n- Compliance burden and legal risk for business: notices, search warrants, and extended retention/copying powers (s.17, s.28, s.22) create direct compliance costs and potential criminal penalties for non‑compliance (ss.46–48, 86–88, 118). Corporate officers can also face accessorial liability (s.128). Employers must guard against unlawful detrimental action claims (s.51, s.91, s.121).\n\n**Implementation risks and practical effects**\n\n- Administrative work: preserving chain‑of‑custody, returning seized items where no longer necessary (s.31), and coordinating transfers to the Public Record Office (s.124) are operational tasks that require resourcing and clear policy.\n\n- Transparency vs confidentiality trade‑offs: the Act structures when evidence becomes public (tabling rules, s.37, s.75, s.109) and empowers publication restrictions; the Yoorrook orders add a long‑term secrecy option for a defined class of Indigenous witness material (ss.52B–52I, s.125(1A)).\n\n**Bottom line**\n\nThis Act is the operating code for Victoria’s major public inquiries: it centralises establishment power in the executive, gives inquiry officers strong powers to compel and retain evidence, narrows some traditional legal excuses (with prescribed exceptions), protects inquiries and participants via immunities and confidentiality rules, and creates criminal penalties to enforce cooperation and orderly proceedings. Recent amendments add a bespoke archival and access regime for the Yoorrook Justice Commission records and other targeted changes (see ss.52A–52I, s.125(1A)). The practical effects are concentrated: benefits to the State and to inquiry participants who receive statutory protection and authority to investigate; costs and compliance obligations fall on witnesses, businesses and public agencies that must produce records or manage access."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2173},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2014 framework. The original Act established a generic template for three types of inquiries. However, amendments have added specialized provisions including: (1) Division 14 (Part 2) creating unique 99-year record closure and restriction orders specifically for the Yoorrook Justice Commission, which involved defining that specific commission in the interpretation section and carving out special Freedom of Information exemptions; (2) Expanded worker protection provisions (sections 51, 91, 121) added in 2021 to prevent detrimental action against employees who give evidence; (3) Updated oversight body references (replacing Victorian Inspectorate with Integrity Oversight Victoria) in 2024. These changes have moved the Act from a general procedural statute to one containing specific substantive protections for particular inquiries and witness categories."},"complexity_factors":["Parallel tripartite structure: The Act essentially repeats the same provisions three times (once for Royal Commissions in Part 2, once for Boards of Inquiry in Part 3, and once for Formal Reviews in Part 4) with subtle but important variations in powers and thresholds","40+ defined terms in section 3 including complex nested definitions (e.g., 'worker', 'judicial officer', 'chairperson' defined differently for each inquiry type)","Extensive cross-referencing to at least 12 other Victorian Acts including the Public Records Act 1973, Freedom of Information Act 1982, Constitution Act 1975, and Crimes Act 1958","Conditional privilege logic: Sections 32-34 create complex exceptions to normal legal privileges (legal professional privilege, self-incrimination, statutory secrecy) with nested exceptions (e.g., section 33 preserves self-incrimination privilege only for pending proceedings)","Conversion mechanisms: Sections 55, 94, and 95 allow 'upgrading' between inquiry types with complex transitional provisions regarding continuity of staff, evidence, and notices","Recent specialized amendments: Division 14 (sections 52A-52I) creates a unique 99-year record-keeping regime specifically for the Yoorrook Justice Commission, adding a specialized layer atop the general framework","Differential penalty structures: Offences carry varying penalties depending on whether they relate to Royal Commissions, Boards of Inquiry, or Formal Reviews (e.g., 5 years for breaching Royal Commission suppression orders vs identical provision for Boards)","Interaction with common law: Section 8 preserves the Royal prerogative to establish inquiries outside this Act, creating parallel legal pathways"],"plain_english_summary":"This Act is Victoria's rulebook for setting up government inquiries. It creates three types of investigations with different levels of power:\n\n**1. Royal Commissions (Part 2)**\nThe highest level. Appointed by the Governor on the Premier's advice. These have strong powers including:\n- **Compelling evidence**: Can force people to hand over documents or show up to give testimony (Section 17)\n- **Search warrants**: Can enter and search premises (Section 28)\n- **No 'right to silence'**: Generally cannot refuse to answer questions on the grounds of self-incrimination (Section 33), though there's limited protection if you're already facing criminal charges\n- **No legal professional privilege**: Lawyers cannot refuse to hand over documents on the basis of confidentiality with clients (Section 32)\n- **Oath-taking**: Can make witnesses swear to tell the truth (Section 21)\n\n**2. Boards of Inquiry (Part 3)**\nMid-level inquiries appointed by the Governor in Council. Similar powers to Royal Commissions but generally established for less contentious matters. Can be converted into Royal Commissions if the inquiry becomes more serious (Section 55).\n\n**3. Formal Reviews (Part 4)**\nThe lightest option. Appointed by the Premier (or a Minister with Premier's approval). These have limited powers—cannot compel evidence or force people to attend. Used for straightforward fact-finding. Can be upgraded to Board of Inquiry or Royal Commission if needed (Sections 94-95).\n\n**Key protections and rules that apply to all three:**\n- **Procedural fairness**: Must give anyone facing criticism a chance to respond before making adverse findings (Sections 36, 76, 108)\n- **Reporting**: Reports go to the Governor (or Premier for Formal Reviews) and must be tabled in Parliament within 30 days, though parts can be withheld for safety or legal reasons (Sections 37, 77, 109)\n- **Immunity**: Commissioners and staff are protected from lawsuits for things done in their official role (Sections 39, 79, 111)\n- **Use immunity**: Evidence you give generally can't be used against you in other court cases, except for prosecuting lies or destruction of evidence (Sections 40, 80, 112)\n\n**Offences:**\nIt's a crime to:\n- Ignore a summons to attend or produce documents (up to 2 years jail) (Sections 46, 86)\n- Lie to an inquiry (up to 1 year jail) (Sections 50, 90, 120)\n- Disrupt proceedings (up to 1 year jail) (Sections 49, 89, 119)\n- Breach suppression orders (up to 5 years jail) (Sections 48, 88, 118)\n- Retaliate against workers who give information, or against commissioners themselves (Sections 51-52, 91-92, 121-122)\n\n**Special Yoorrook Justice Commission provisions (Division 14):**\nRecords of evidence given by Aboriginal witnesses to the Yoorrook Justice Commission can be sealed for 99 years (closure orders) or restricted (restriction orders) to protect cultural safety and privacy. These records are exempt from Freedom of Information laws for that period (Sections 52A-52I, 125(1A)).\n\n**Who this affects:**\n- Anyone summoned to give evidence\n- Government agencies that must provide documents\n- Employers (who cannot punish staff for giving evidence)\n- Lawyers representing witnesses\n- The general public (who can attend unless excluded)"}},"importantCases":[],"_links":{"self":"/api/acts/inquiries-act-2014","history":"/api/acts/inquiries-act-2014/history","analysis":"/api/acts/inquiries-act-2014/analysis","conflicts":"/api/acts/inquiries-act-2014/conflicts","importantCases":"/api/acts/inquiries-act-2014/important-cases","documents":"/api/acts/inquiries-act-2014/documents"}}