{"id":"special-investigator-repeal-act-2023","name":"Special Investigator Repeal Act 2023","slug":"special-investigator-repeal-act-2023","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173793,"registerId":"vic-special-investigator-repeal-act-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Special Investigator Repeal Act 2023","content":"Version No. 002\n\n**Special Investigator Repeal Act 2023**\n\n**No. 31 of 2023**\n\nVersion incorporating amendments as at  \n2 February 2026\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Act binds the Crown 1\n\nPart 2—Repeal of Special Investigator Act 2021 3\n\nDivision 1—Repeal 3\n\n4 Repeal 3\n\nDivision 2—Office of the Special Investigator 3\n\n5 Office of the Special Investigator abolished 3\n\n6 Special Investigator appointment revoked 3\n\n7 Transfer of assets and liabilities 3\n\n8 Transfer of proceedings, etc. 4\n\n9 Transfer of records 4\n\n10 Final report 6\n\nDivision 3—Transitional and savings provisions 7\n\n11 Continued immunity of former OSI officers 7\n\n12 Continued prohibition on compelling former OSI officers as witnesses 7\n\n13 Continued offence—Unauthorised use or disclosure of Office of Special Investigator information 7\n\n14 Continued offence—Offence to cause or threaten harm or detriment to person who assists Office of the Special Investigator or OSI officer 8\n\n15 Continued application of certain provisions 8\n\n16 Freedom of information 8\n\nPart 3—Consequential amendment of Victorian Inspectorate Act 2011 10\n\nDivision 1—Amendment of Victorian Inspectorate Act 2011 10\n\n18 Definitions 10\n\n19 Objects of Act 10\n\n20 Functions of the Victorian Inspectorate 10\n\n21 Delegation 10\n\n22 Disclosure of information by the Victorian Inspectorate 10\n\n23 Complaints 10\n\n24 Investigation of complaint 11\n\n25 Own motion investigation 11\n\n26 Conduct of investigation 11\n\n27 Requirement to provide assistance 11\n\n28 Persons to provide assistance 11\n\n29 Conduct of inquiry 11\n\n30 Content and form of witness summons 12\n\n31 Legal representation of witnesses and other persons 12\n\n32 Powers of entry, inspection and seizure 12\n\n33 Act applies equally to attendance in person or by audio visual link or audio link 12\n\n34 Privileges and secrecy generally 12\n\n35 Sections 85H and 85I repealed 12\n\n36 Recommendations must not include information likely to identify person who makes an assessable disclosure 13\n\n37 Special reports 13\n\n38 Advice to a complainant 13\n\n39 Outcome of investigation 13\n\n40 Matters to be included in annual report 13\n\n41 Exemption from Freedom of Information Act 1982 14\n\n42 Regulations—specific matters 14\n\nDivision 2—Transitional and savings provisions 14\n\n43 Victorian Inspectorate may continue to receive complaints for further 6 months 14\n\n44 Victorian Inspectorate may continue to report on actions taken for further 6 months 15\n\n45 Victorian Inspectorate may continue to investigate conduct for further 18 months 15\n\n46 Victorian Inspectorate may continue to make recommendations and report on investigations for further 2 years 16\n\n47 Access to records 18\n\n48 Continued exemption from Freedom of Information Act 1982 18\n\nDivision 3—Repeal of this Part 18\n\n49 Repeal of this Part 18\n\n═════════════\n\nEndnotes 20\n\n1 General information 20\n\n2 Table of Amendments 22\n\n3 Explanatory details 23\n\n**Version No.** **002**\n\n**Special Investigator Repeal Act 2023**\n\n**No. 31 of 2023**\n\nVersion incorporating amendments as at  \n2 February 2026\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to repeal the **Special Investigator Act 2021**; and\n\n(b) to abolish the Office of the Special Investigator; and\n\n(c) to make necessary transitional arrangements; and\n\n(d) to continue in operation certain offences; and\n\n(e) to make consequential and related amendments to other Acts.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 30 June 2024, it comes into operation on that day.\n\n\t3 Act binds the Crown\n\n(1) This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.\n\n(2) The Crown is a body corporate for the purposes of this Act and the regulations.\n\nPart 2—Repeal of Special Investigator Act 2021\n\nDivision 1—Repeal\n\n\t4 Repeal\n\nThe **Special Investigator Act 2021** is **repealed**.\n\nDivision 2—Office of the Special Investigator\n\n\t5 Office of the Special Investigator abolished\n\nThe Office of the Special Investigator established by section 6 of the **Special Investigator Act 2021** is abolished.\n\n\t6 Special Investigator appointment revoked\n\nA person holding office as the Special Investigator under the **Special Investigator Act 2021** immediately before the commencement of this Part—\n\n(a) ceases to hold that office; and\n\n(b) is not entitled to any remuneration or compensation because of the loss of that office.\n\n\t7 Transfer of assets and liabilities\n\n(1) All assets, property and rights vested in or held by the Office of the Special Investigator immediately before the commencement of this Part vest, by force of this subsection, in the State.\n\n(2) All liabilities of the Office of the Special Investigator, including contingent, prospective or inchoate liabilities, existing immediately before the commencement of this Part become, by force of this subsection, liabilities of the State.\n\n(3) The State, by force of this subsection, is substituted as a party to any current contract, agreement, lease, memorandum of understanding or other arrangement to which the Office of the Special Investigator was a party immediately before the commencement of this Part.\n\n(4) Subsection (3) does not limit or affect the operation of a termination provision in the contract, agreement, lease, memorandum of understanding or other arrangement.\n\n\t8 Transfer of proceedings, etc.\n\n(1) The State, by force of this subsection, is substituted as a party to any proceeding to which the Office of the Special Investigator was a party immediately before the commencement of this Part.\n\n(2) The State, by force of this subsection, is substituted as the addressee for any subpoena issued in a proceeding to the Office of the Special Investigator or an OSI officer to give evidence or produce documents in that proceeding.\n\n\t9 Transfer of records\n\n(1) Except as provided under this or any other Act, all records held by the Office of the Special Investigator immediately before the commencement of this Part are to be transferred to the public office that is the Department of Justice and Community Safety unless the  \nAttorney-General, by instrument, determines that they are to be transferred to another public office.\n\n**Note**\n\nPublic interest disclosures are transferred to the IBAC under section 57(2).\n\n(2) Despite section 8A of the **Public Records Act 1973**, the public office that is the Department of Justice and Community Safety or other public office (as the case requires) must cause any record of the Office of the Special Investigator that the Keeper of Public Records has selected as worthy of preservation to be transferred to the custody of the Public Record Office as soon as reasonably practicable after receiving it.\n\n(3) Records transferred to the public office that is the Department of Justice and Community Safety, another public office or the Public Record Office under this section are to be held and dealt with on the same basis, and in the same manner, as the basis on which they were held, and the manner in which they could be dealt with, by the Office of the Special Investigator.\n\n(4) This section is subject to any arrangements made under section 2B(b) of the **Public Records Act 1973**.\n\n(5) In this section—\n\n***Keeper of Public Records***  has the same meaning as in the **Public Records Act 1973**;\n\n***public office*** has the same meaning as in the **Public Records Act 1973**;\n\n***Public Record Office*** means the office  established by section 3 of the **Public Records Act 1973**.\n\n\t10 Final report\n\n(1) Despite anything to the contrary in the **Financial Management Act 1994**, the Secretary to the Department of Justice and Community Safety must ensure that the following is prepared, in accordance with Part 7 of that Act—\n\n(a) a report of the operations of the Office of the Special Investigator during the period beginning on 1 July 2023 and ending on the day that this Part commences;\n\n(b) financial statements of the Office of the Special Investigator for that period.\n\n(2) The report under subsection (1)(a) must include, for the period beginning on 1 July 2023 and ending on the day that this Part commences—\n\n(a) the number of investigations carried out by the Office of the Special Investigator under Divisions 1 and 2 of Part 3 of the **Special Investigator Act 2021** as in force immediately before its repeal; and\n\n(b) the matters specified in section 69 of the **Public Interest Disclosures Act 2012**.\n\n(3) The report and financial statements prepared under subsection (1) must be incorporated in and consolidated with those of the Department of Justice and Community Safety for the financial year that includes the day that this Part commences.\n\nDivision 3—Transitional and savings provisions\n\n\t11 Continued immunity of former OSI officers\n\nDespite the repeal of the **Special Investigator Act 2021**, section 26 of that Act as in force immediately before its repeal continues in operation as if—\n\n(a) it had not been repealed; and\n\n(b) a reference to \"OSI officer\" included a reference to \"a person who was at any time an OSI officer\".\n\n\t12 Continued prohibition on compelling former OSI officers as witnesses\n\nDespite the repeal of the **Special Investigator Act 2021**, section 76 of that Act as in force immediately before its repeal continues in operation as if—\n\n(a) it had not been repealed; and\n\n(b) a reference to \"OSI officer\" included a reference to \"a person who was at any time an OSI officer\".\n\n\t13 Continued offence—Unauthorised use or disclosure of Office of Special Investigator information\n\nDespite the repeal of the **Special Investigator Act 2021**, section 89 of that Act as in force immediately before its repeal continues in operation, and that offence continues to apply, as if section 89 had not been repealed.\n\n\t14 Continued offence—Offence to cause or threaten harm or detriment to person who assists Office of the Special Investigator or OSI officer\n\nDespite the repeal of the **Special Investigator Act 2021**, section 90 of that Act as in force immediately before its repeal continues in operation, and that offence continues to apply, as if section 90 had not been repealed.\n\n\t15 Continued application of certain provisions\n\nFor the purposes of sections 89 and 90 as continued under this Division, the following sections of the **Special Investigator Act 2021** as in force immediately before its repeal continue to apply despite their repeal—\n\n(a) sections 93, 94, 95 and 96;\n\n(b) any other sections necessary to give effect to those sections and the continued offences.\n\n\t16 Freedom of information\n\n(1) If before the commencement of this Part—\n\n(a) a request was made to the Office of the Special Investigator under the **Freedom of Information Act 1982** for access to a document; and\n\n(b) the Office of the Special Investigator has not dealt with that request—\n\nthe request, on the commencement of this Part, is taken to be transferred under section 18(2) of the **Freedom of Information Act 1982** to the agency that is the Department of Justice and Community Safety.\n\n(2) For the purposes of an application under section 49A or 50 of the **Freedom of Information Act 1982**, a decision of the Office of the Special Investigator is taken to be a decision of the Secretary to the Department of Justice and Community Safety.\n\nS. 17 repealed by No. 31/2023 s. 17(4).\n\n* * * * *\n\nPart 3—Consequential amendment of Victorian Inspectorate Act 2011\n\nDivision 1—Amendment of Victorian Inspectorate Act 2011\n\n\t18 Definitions\n\nIn section 3(1) of the **Victorian Inspectorate Act 2011**, the definitions of ***Office of the Special Investigator***, ***OSI officer***, ***OSI personnel*** and ***Special Investigator*** are **repealed**.\n\n\t19 Objects of Act\n\nIn section 5 of the **Victorian Inspectorate Act 2011**—\n\n(a) in paragraph (i), for \"officers; and\" **substitute** \"officers.\";\n\n(b) paragraph (j) is **repealed**.\n\n\t20 Functions of the Victorian Inspectorate\n\nSection 11(8) of the **Victorian Inspectorate Act 2011** is **repealed**.\n\n\t21 Delegation\n\nSection 27(1)(lc) of the **Victorian Inspectorate Act 2011** is **repealed**.\n\n\t22 Disclosure of information by the Victorian Inspectorate\n\nSection 36A(3)(ea) of the **Victorian Inspectorate Act 2011** is **repealed**.\n\n\t23 Complaints\n\nSection 43(11) and (12) of the **Victorian Inspectorate Act 2011** are **repealed**.\n\n\t24 Investigation of complaint\n\n(1) Section 44(6C) of the **Victorian Inspectorate Act 2011** is **repealed**.\n\n(2) In section 44(7) of the **Victorian Inspectorate Act 2011**, for \"(6A), (6B) and (6C)\" **substitute** \"(6A) and (6B)\".\n\n\t25 Own motion investigation\n\nSection 46(7) of the **Victorian Inspectorate Act 2011** is **repealed**.\n\n\t26 Conduct of investigation\n\n(1) Section 47(4D) and (9A) of the **Victorian Inspectorate Act 2011** are **repealed**.\n\n(2) In section 47(10) of the **Victorian Inspectorate Act 2011**, for \"(4A)(d), (4B)(d) or (4D)(d)\" **substitute** \"(4A)(d) or (4B)(d)\".\n\n\t27 Requirement to provide assistance\n\nSection 48(8) of the **Victorian Inspectorate Act 2011** is **repealed**.\n\n\t28 Persons to provide assistance\n\nIn section 48E of the **Victorian Inspectorate Act 2011**, for \"Ombudsman, the Chief Examiner and the Office of the Special Investigator\" **substitute** \"Ombudsman and the Chief Examiner\".\n\n\t29 Conduct of inquiry\n\nIn section 50(d) of the **Victorian Inspectorate Act 2011**, for \"premises, VAGO premises or Office of the Special Investigator\" **substitute** \"premises or VAGO\".\n\n\t30 Content and form of witness summons\n\nIn section 54(4) of the **Victorian Inspectorate Act 2011**—\n\n(a) paragraph (g)(viii) is **repealed**;\n\n(b) in paragraph (i), for \"Commissioner, a member of Victoria Police personnel or an OSI personnel,\" **substitute** \"Commissioner or a member of Victoria Police personnel,\".\n\n\t31 Legal representation of witnesses and other persons\n\nIn section 58(2)(c) and (d) and (8)(c) and (d) of the **Victorian Inspectorate Act 2011**, for \"Inspectorate, the Office of the Victorian Information Commissioner or the Office of the Special Investigator\" **substitute** \"Inspectorate or the Office of the Victorian Information Commissioner\".\n\n\t32 Powers of entry, inspection and seizure\n\nSection 63(13) and (14) of the **Victorian Inspectorate Act 2011** are **repealed**.\n\n\t33 Act applies equally to attendance in person or by audio visual link or audio link\n\nIn section 67A(1)(b) and (2)(b) of the **Victorian Inspectorate Act 2011**, for \"(4A)(d), (4B)(d) or (4D)(d)\" **substitute** \"(4A)(d) or (4B)(d)\".\n\n\t34 Privileges and secrecy generally\n\nSection 68(13) and (14) of the **Victorian Inspectorate Act 2011** are **repealed**.\n\n\t35 Sections 85H and 85I repealed\n\nSections 85H and 85I of the **Victorian Inspectorate Act 2011** are **repealed**.\n\n\t36 Recommendations must not include information likely to identify person who makes an assessable disclosure\n\nIn section 86(1) of the **Victorian Inspectorate Act 2011**, for \"85F, 85G, 85H or 85I\" **substitute** \"85F or 85G\".\n\n\t37 Special reports\n\nSection 87(6B) of the **Victorian Inspectorate Act 2011** is **repealed**.\n\n\t38 Advice to a complainant\n\n(1) In section 88(1)(b) of the **Victorian Inspectorate Act 2011**, for \"85, 85E or 85H(1) or (3)\" **substitute** \"85 or 85E\".\n\n(2) Section 88(3)(ib) of the **Victorian Inspectorate Act 2011** is **repealed**.\n\n\t39 Outcome of investigation\n\nSection 89(9) of the **Victorian Inspectorate Act 2011** is **repealed**.\n\n\t40 Matters to be included in annual report\n\n(1) In section 91(1) of the **Victorian Inspectorate Act 2011**—\n\n(a) in paragraph (v), for \"taken;\" **substitute** \"taken.\";\n\n(b) paragraph (w) is **repealed**.\n\n(2) Section 91(9B) of the **Victorian Inspectorate Act 2011** is **repealed**.\n\n\t41 Exemption from Freedom of Information Act 1982\n\nIn section 102(2) of the **Victorian Inspectorate Act 2011**, in the definition of ***relevant person or body***—\n\n(a) in paragraph (q), for \"officer;\" **substitute** \"officer.\";\n\n(b) paragraphs (r) and (s) are **repealed**.\n\n\t42 Regulations—specific matters\n\nIn section 104(j) of the **Victorian Inspectorate Act 2011**, **omit** \"or 85I(3)(g)\".\n\nDivision 2—Transitional and savings provisions\n\n\t43 Victorian Inspectorate may continue to receive complaints for further 6 months\n\n(1) Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the **Victorian Inspectorate Act 2011** by this Part, a person may make a complaint in accordance with section 43(11) of that Act as in force immediately before its amendment.\n\n(2) A complaint referred to in subsection (1) must be made within 6 months after the commencement of this Part.\n\n(3) For the purposes of subsection (1), the following sections of the **Victorian Inspectorate Act 2011** as in force immediately before the commencement of this Part continue to apply as if those sections had not been amended or repealed—\n\n(a) section 3(1);\n\n(b) section 11(8)(b);\n\n(c) section 43(11) and (12);\n\n(d) any other sections that are necessary for the operation of a section specified in paragraph (a) to (c) or for the Victorian Inspectorate to properly receive the person's complaint.\n\n(4) In subsection (3), a reference to a section includes a regulation made for the purposes of that section.\n\n\t44 Victorian Inspectorate may continue to report on actions taken for further 6 months\n\nDespite the abolition of the Office of the Special Investigator by section 5 and the amendment of the **Victorian Inspectorate Act 2011** by this Part, section 91(1)(w) of the **Victorian Inspectorate Act 2011** as in force immediately before the commencement of this Part continues to apply for 6 months after the commencement of this Part as if it had not been repealed.\n\n\t45 Victorian Inspectorate may continue to investigate conduct for further 18 months\n\n(1) Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the **Victorian Inspectorate Act 2011** by this Part, the Victorian Inspectorate may investigate the conduct of the Office of the Special Investigator and OSI personnel up to 18 months after the commencement of this Part.\n\n(2) For the purposes of subsection (1), the following sections of the **Victorian Inspectorate Act 2011** as in force immediately before the commencement of this Part continue to apply as if those sections had not been amended or repealed—\n\n(a) section 3(1);\n\n(b) section 11(8)(c) and (d);\n\n(c) section 46(7);\n\n(d) section 47(4D), as if a reference to \"the records of the Office of the Special Investigator\" included a reference to \"the records transferred in accordance with section 9 of the **Special Investigator Repeal Act 2023**\";\n\n(e) section 47(10);\n\n(f) section 54(4)(g)(viii), as if a reference to \"the Office of the Special Investigator\" included a reference to \"the Crown\";\n\n(g) section 54(4)(i);\n\n(h) section 67A(1)(b) and (2)(b);\n\n(i) section 68(13);\n\n(j) section 68(14), as if a reference to \"the Special Investigator\" or \"the Office of the Special Investigator\" included a reference to \"the Crown\";\n\n(k) any other sections that are necessary for the operation of a section specified in paragraphs (a) to (j) or for the Victorian Inspectorate to effectively investigate the conduct.\n\n(3) In subsection (2), a reference to a section includes a regulation made for the purposes of that section.\n\n\t46 Victorian Inspectorate may continue to make recommendations and report on investigations for further 2 years\n\n(1) Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the **Victorian Inspectorate Act 2011** by this Part, the Victorian Inspectorate may report on, and make recommendations in relation to, an investigation into the conduct of the Office of the Special Investigator and OSI personnel until the second anniversary of the commencement of this Part.\n\n(2) For the purposes of subsection (1), the following sections of the **Victorian Inspectorate Act 2011** as in force immediately before the commencement of this Part continue to apply as if those sections had not been amended or repealed—\n\n(a) section 3(1);\n\n(b) section 11(8)(e), as if a reference to \"paragraphs (a), (b), (c) and (d)\" were a reference to \"paragraphs (b), (c) and (d)\";\n\n(c) section 85H(1) to (3), as if a reference to \"the Office of the Special Investigator\" were a reference to \"the Attorney-General\";\n\n(d) section 85I(3);\n\n(e) section 86;\n\n(f) section 89(9)(a) and (c) to (m), as if a reference to \"the Office of the Special Investigator\" were a reference to \"the Attorney-General\";\n\n(g) section 104(j);\n\n(h) any other sections that are necessary for the operation of a section specified in paragraphs (a) to (g) or for the Victorian Inspectorate to effectively report on and make recommendations in relation to an investigation.\n\n(3) In subsection (2), a reference to a section includes a regulation made for the purposes of that section.\n\n\t47 Access to records\n\nThe Victorian Inspectorate may access, receive, assess and deal with the records of the Office of the Special Investigator for the purposes of performing its functions under the **Victorian Inspectorate Act 2011** as in force immediately before the commencement of this Part regardless of who is the custodian of those records.\n\n\t48 Continued exemption from Freedom of Information Act 1982\n\nDespite the amendment of the **Victorian Inspectorate Act 2011** by this Part, paragraph (r) of the definition of ***relevant person or body*** in section 102(2) of that Act continues to apply in respect of a document transferred to the public office that is the Department of Justice and Community Safety under section 9 of this Act as if a reference in paragraph (r) of the definition of ***relevant person or body*** in section 102(2) to \"the Office of the Special Investigator\" were a reference to \"the Department of Justice and Community Safety\".\n\nDivision 3—Repeal of this Part\n\n\t49 Repeal of this Part\n\nThis Part is **repealed** on the third anniversary of its commencement.\n\n**Note**\n\nThe repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the **Interpretation of Legislation Act 1984**).\n\nPt 4 (Headings and ss 50–58) repealed by No. 31/2023 s. 58.\n\n* * * * *\n\nPt 5 (Headings and ss 59–72) repealed by No. 31/2023 s. 72.\n\n* * * * *\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: 4 October 2023*\n\n*Legislative Council: 19 October 2023*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to repeal the **Special Investigator Act 2021** and to abolish the Office of the Special Investigator, to make necessary transitional arrangements, to continue in operation certain offences, to make consequential and related amendments to other Acts and for other purposes.\"\n\nThe **Special Investigator Repeal Act 2023** was assented to on 8 November 2023 and came into operation on 2 February 2024: Special Gazette (No. 687) 19 December 2023 page 1.\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 **Special Investigator Repeal Act 2023** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Special Investigator Repeal Act 2023, No. 31/2023**\n\n| Assent Date: | 8.11.23 |\n| --- | --- |\n| Commencement Date: | Ss 17(4), 58, 72 on 2.2.24: Special Gazette (No. 687) 19.12.23 p. 1 |\n| Note: | S. 17(4) repealed s. 17 on 2.2.26; s. 58 repealed Pt 4 (ss 50–58) on 2.2.26; s. 72 repealed Pt 5 (ss 59–72) on 2.2.26 |\n| Current State: | This information relates only to the provision/s amending the **Special Investigator Repeal Act 2023** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This Act remains focused on its original, stated purpose: the repeal of the Special Investigator Act 2021, abolition of the Office of the Special Investigator, preservation of certain offences and protections, and consequential and transitional arrangements (see s1). Subsequent textual amendments recorded in the endnotes (for example, later repeal of specific Parts or sections) are technical and timing changes rather than substantive expansions of policy scope. The core scope—winding up the OSI, transferring assets/liabilities/records, and setting transitional oversight windows for the Victorian Inspectorate—has not been broadened beyond that original aim."},"complexity_factors":["Full repeal of an entire Act and abolition of a statutory office (s4–5)","Automatic vesting and substitution rules for assets, liabilities, contracts and proceedings (s7–8)","Multiple saved provisions preserving offences, immunities and non‑compellability (ss11–15)","Extensive cross‑referencing to other Acts (Public Records Act 1973, Freedom of Information Act 1982, Financial Management Act 1994)","Numerous consequential amendments across many provisions of the Victorian Inspectorate Act 2011 (ss18–42)","Staggered transitional timelines with different durations and purposes (6 months, 18 months, 2 years, 3 years) (ss43–49)","Discretionary decision point for the Attorney‑General on records transfer (s9(1))","Specific administrative obligations (final report and consolidated financial statements) linked to another Act (s10 referencing Financial Management Act 1994)","FOI procedural transfer and treatment of prior decisions (s16)"],"plain_english_summary":"**What this law does (mechanics)**\n\n- Repeals the Special Investigator Act 2021 and abolishes the Office of the Special Investigator (OSI) (see s4–5).  \n- Ends the Special Investigator’s appointment; the person holding that office ceases to hold it and is not entitled to compensation for the loss of office (s6).  \n- Transfers the OSI’s assets, property, rights and liabilities to the State (s7) and substitutes the State as a party to any existing contracts and legal proceedings involving the OSI (s7–8).  \n- Directs custody and handling of the OSI’s records: most records go to the Department of Justice and Community Safety unless the Attorney‑General directs otherwise; records selected for long‑term preservation go to the Public Record Office (s9).  \n- Requires a final operational and financial report for the OSI (covering 1 July 2023 to the date this Part commences) to be prepared and consolidated with the Department of Justice and Community Safety’s reports (s10).  \n- Continues selected criminal offences and legal protections that applied to OSI personnel despite repeal (notably the immunity and non‑compellability provisions and offences on unauthorised disclosure and threats) so those particular rules remain in force for former OSI officers (ss11–15).  \n- Transfers any outstanding Freedom of Information (FOI) requests to the Department of Justice and Community Safety and treats prior OSI FOI decisions as Departmental decisions for review purposes (s16).  \n- Makes a set of consequential amendments to the Victorian Inspectorate Act 2011: removes definitions and provisions referring to the OSI, but also creates time‑limited transitional arrangements that allow the Victorian Inspectorate to continue certain functions related to past OSI conduct (for example, receiving complaints for 6 months, investigating conduct for up to 18 months, and reporting/making recommendations for up to 2 years) (see ss18–49).  \n- Declares that the Act binds the Crown and comes into force on proclamation or by a specified backstop date (ss2–3).\n\n**Who is affected**\n\n- The Special Investigator and all OSI officers and staff (they cease to hold office; certain protections and offences continue to apply to them) (ss5–6, 11–15).  \n- The State (as it becomes the owner of OSI assets and the holder of OSI liabilities, and is substituted into contracts and proceedings) (ss7–8).  \n- Department of Justice and Community Safety (custodian of most OSI records and responsible for producing the final report and consolidating financial statements) (ss9–10, 16).  \n- Attorney‑General (retains a degree of discretion to direct record transfers under s9(1) and is referenced in transitional arrangements) (s9, see also ss45–46).  \n- Victorian Inspectorate (loses references to the OSI in its Act but is given time‑limited powers to receive complaints, investigate and report on OSI matters) (Part 3, Divisions 1–2).  \n- Persons who had open FOI requests to the OSI (their requests are transferred to the Department) (s16).  \n- Any party to contracts, leases or proceedings involving the OSI (the State is now the contractual/ litigation counterparty) (ss7–8).\n\n**Why it matters (practical effects and decision points)**\n\n- Functional consolidation: the investigative functions and records of a separate statutory office are folded into the State’s administrative structure. That centralises custody of records and responsibility for completing or winding up matters (ss7–10).  \n- Legal continuity: ongoing legal proceedings, subpoenas and contractual relationships continue without restarting because the State is automatically substituted as party (ss7–8).  \n- Protections preserved: certain criminal offences (unauthorised disclosure; threats or harm to people who assisted the OSI) and legal protections for former OSI officers (immunity, non‑compellability) continue in force despite repeal (ss11–15).  \n- Time‑limited oversight: the Victorian Inspectorate retains limited, defined authorities to receive complaints and continue investigations and reporting about past OSI conduct for specified periods (6 months / 18 months / 2 years) but its broader OSI‑related powers are removed from the long term (ss43–46).  \n- Administrative and compliance burdens concentrate on the Department of Justice and Community Safety and the Attorney‑General’s office: they must receive and manage transferred records, prepare final financial and operational reports, handle FOI transfer tasks, and manage any transferred liabilities (ss9–10, 16).  \n\n**Source’s stated purpose and a brief test against trade‑offs, incentives and implementation risks**\n\n- The Act explicitly states its main purposes (s1): repeal the Special Investigator Act 2021; abolish the OSI; make transitional arrangements; continue certain offences; and make consequential amendments. That description aligns with the mechanics above (s1).  \n- Costs and who pays: the State assumes the OSI’s liabilities (including contingent liabilities) and becomes the counterparty in contracts and proceedings (s7–8). OSI officers cease office and are not entitled to compensation for loss of office (s6). These are concrete fiscal and personnel impacts: the State bears legal and financial risk going forward while former OSI staff lose their statutory office (ss6–8).  \n- Incentives and behaviour changes: abolishing a stand‑alone investigatory office removes an independent statutory actor; future investigative activity that would have been run by the OSI will instead need to be run by existing agencies or the Department if commissioned. The Act preserves limited external oversight (Victorian Inspectorate) for a fixed period, after which that specific OSI oversight authority lapses (ss43–46).  \n- Implementation risks and administrative load: transferring physical and electronic records, consolidating financial statements with the Department, and substituting the State into ongoing legal processes require coordinated administrative action (ss7, 9–10). The Attorney‑General has discretion to direct certain record transfers (s9(1)), creating a decision point that could affect custodianship and access.  \n- Legal clarity vs transitional complexity: the Act keeps certain offences and legal protections alive and carries over FOI requests to the Department (ss11–16), which reduces litigation and procedural gaps. At the same time, the timetable of staggered transitional powers (6 months, 18 months, 2 years, and a 3‑year repeal of Part 3) makes the legal position temporally complex for affected parties (ss43–49).  \n\n**Concrete trade‑offs and likely distribution of effects**\n\n- Concentrated administrative burden and fiscal exposure: the State (via the Department of Justice and Community Safety) absorbs liabilities, manages records and produces a final consolidated report (ss7, 9–10).  \n- Concentrated loss of a statutory officeholder: the Special Investigator loses office with no statutory compensation entitlement (s6).  \n- Diffuse effect on the public: access to certain OSI records and FOI requests is preserved by transfer (s16), but eventual long‑term public oversight tied specifically to the OSI is removed once transitional periods expire (ss43–49).  \n\n**Immediate actions for affected actors**\n\n- Department of Justice and Community Safety: plan to receive records, consolidate financials and publish the final report (s9–10).  \n- Attorney‑General: exercise any discretion about record custodianship and oversee transferred proceedings (s9(1), ss8–10).  \n- Victorian Inspectorate: prepare to exercise time‑limited complaint‑receipt and investigatory powers and to access transferred records (ss43–47).  \n- Parties to OSI contracts or proceedings: note that the State will be their contractual/litigation counterpart from commencement (ss7–8).  \n\n(References in parentheses are to the relevant sections of the Special Investigator Repeal Act 2023.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to do exactly what its title states — repeal the legislative framework establishing the Special Investigator. This is consistent with the original intent of the OSI being a time-limited body with a specific mandate. No scope creep is evident from the available text."},"complexity_factors":["Very limited legislative text provided — the full Act content is not visible, making complete analysis difficult","Repeal Acts are generally straightforward in structure but can carry hidden complexity through transitional provisions (rules about what happens to unfinished business)","The underlying subject matter — the Lawyer X scandal and associated investigations — is legally complex, which may affect how the repeal interacts with ongoing proceedings","Potential consequential amendments to other Acts (e.g. the Special Investigator Act 2021) add moderate complexity","Staff and employment transition arrangements may introduce additional provisions not visible in the provided text"],"plain_english_summary":"The Act abolishes the Office of the Special Investigator (OSI), ending its role in probing alleged criminal conduct by Victoria Police linked to the Lawyer X scandal. Staff and leadership positions cease, and ongoing matters are transferred, completed, or discontinued by other agencies.\n\nIt affects anyone with complaints or investigations before the OSI and signals the government considers the OSI’s temporary, scandal-specific mandate to have run its course."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: abolishing the OSI and managing the legal aftermath. The extensive amendments to the Victorian Inspectorate Act are consequential (removing OSI references) rather than an expansion of scope. The transitional powers granted to the Victorian Inspectorate are temporary wind-up mechanisms, not a permanent expansion of its jurisdiction."},"complexity_factors":["Extensive cross-referencing to the repealed *Special Investigator Act 2021* and the *Victorian Inspectorate Act 2011* (over 30 specific section references)","Multiple nested transitional timeframes (6 months, 18 months, 2 years, 3 years) creating overlapping jurisdictional periods","Conditional logic requiring sections to be 'read as if' they hadn't been repealed, with specific textual substitutions (e.g., replacing 'Office of the Special Investigator' with 'the Crown' or 'Attorney-General')","Complex asset and liability transfer mechanisms including contingent and prospective liabilities","Dual-track record management (Department of Justice custody vs Public Record Office archival selection)","Self-repealing structure (Part 3 repeals itself after 3 years) while preserving underlying amendments","Preservation of criminal offences and immunities despite the parent Act's repeal, requiring 'zombie' operation of select provisions"],"plain_english_summary":"**What this law does:**\n\nThis Act shuts down the **Office of the Special Investigator (OSI)** — a body set up in 2021 to investigate serious criminal allegations involving Victorian public officials — and repeals the law that created it (the *Special Investigator Act 2021*).\n\n**Who it affects:**\n\n* **Former OSI staff** — their jobs end, though they keep legal protections (immunity from being sued for actions taken in their official role, and protection from being forced to give evidence about their work).\n* **The Victorian Inspectorate** — Victoria's integrity watchdog, which gains temporary powers to continue handling complaints and investigations about the defunct OSI for up to two years.\n* **The Victorian Government** — all OSI assets, debts, contracts, and legal proceedings automatically transfer to the State.\n* **The public** — anyone who made a complaint to the OSI or requested documents under freedom of information laws has their matter transferred to the Department of Justice and Community Safety.\n\n**Key changes:**\n\n* **Abolition:** The OSI ceases to exist, and the Special Investigator loses their job immediately without compensation.\n* **Asset transfer:** Everything the OSI owned or owed becomes the State's responsibility.\n* **Records:** Files go to the Department of Justice and Community Safety (or the Public Record Office for historical preservation).\n* **Continued protections:** Two criminal offences remain active — (1) leaking OSI information, and (2) harming or threatening anyone who helped the OSI.\n* **Transitional oversight:** The Victorian Inspectorate can still receive complaints about the OSI for 6 months, investigate for 18 months, and report on findings for 2 years.\n* **Cleanup:** The Act removes all references to the OSI from the *Victorian Inspectorate Act 2011* and eventually repeals its own transitional provisions after 3 years.\n\n**Why it matters:**\n\nThis is a **winding-up statute**. It ensures that even though the OSI is gone, there's no legal vacuum — investigations can finish, secrets stay protected, and someone (the State) remains responsible for any ongoing legal matters. It also prevents 'orphan' complaints by giving the Victorian Inspectorate a limited window to deal with legacy issues."}},"importantCases":[],"_links":{"self":"/api/acts/special-investigator-repeal-act-2023","history":"/api/acts/special-investigator-repeal-act-2023/history","analysis":"/api/acts/special-investigator-repeal-act-2023/analysis","conflicts":"/api/acts/special-investigator-repeal-act-2023/conflicts","importantCases":"/api/acts/special-investigator-repeal-act-2023/important-cases","documents":"/api/acts/special-investigator-repeal-act-2023/documents"}}