Infrastructure Victoria Act 2015

Object and function. The statutory object is to provide independent and expert advice about Victoria’s current and future infrastructure needs and priorities to support improved social, economic and environmental outcomes for the State (s 7). The core functions listed include preparing and publishing a 30‑year infrastructure strategy (s 8(a)), advising the Minister on request (s 8(b)), supporting sectoral infrastructure strategy development (s 8(c)), conducting and publishing research on impediments, measurement of costs and benefits, financing and funding models, policy and reform and climate‑related infrastructure policy issues (s 8(d)), and performing any function conferred under any other Act (s 8(e)).

Corporate form and powers. Infrastructure Victoria is a body corporate with perpetual succession, an official seal and general company‑like powers to acquire, hold and dispose of property and to sue and be sued (s 5). It has explicit power to do anything necessary or convenient to achieve its object and perform its functions (s 9) and may act extra‑territorially (s 11).

Board structure. Governance is board‑based. The board comprises both appointed directors and statutory directors. Statutory directors are three Department Heads (Department of Premier and Cabinet, Treasury and Finance, and the Department responsible for Planning and Environment) (s 12(2)(d)). Appointed directors, including chair and deputy chair, are appointed by Governor in Council on ministerial recommendation (s 13). Appointed directors serve part‑time terms of 3 to 5 years, cannot serve consecutive periods totalling more than 10 years (s 13(2), (4)), and must meet eligibility requirements, including not being employed by a public entity or public service body and having appropriate infrastructure‑related knowledge or experience (s 14).

Decision‑making processes. The board sets general policy and strategic direction and may exercise the body’s powers (s 12(3)). Meetings are governed by standard provisions: majority vote, quorum is a majority of current directors, chair has a casting vote (s 19). Resolutions may be passed without a formal meeting by signed document (s 20). Directors are subject to the Public Administration Act 2004 (other than Part 3) in respect of their office (s 18).

Information powers, confidentiality and FOI. Infrastructure Victoria may request information from public entities or public service bodies by written notice and those entities must co‑operate and respond to reasonable requests in a timely manner (ss 23‑24). The Act prohibits Infrastructure Victoria from disclosing documents it obtains from agencies or Ministers that are exempt under the Freedom of Information Act 1982 (s 23(2)). Separately, where a supplier identifies material as confidential at the time of supply, Infrastructure Victoria must not disclose it without consent (s 25). However the Act also requires publication, as far as reasonably practicable, of the evidence and analysis relied upon in preparing the 30‑year strategy when the strategy is laid before Parliament, subject to the confidentiality protection in s 25 (s 35(5)).

Strategy, plans and Government response. Infrastructure Victoria must prepare, publish and periodically update a 30‑year infrastructure strategy that assesses current infrastructure and sets needs and priorities for 30 years on a basis of detailed, objective and quantitative evidence including land use plans and population projections (ss 32, 33). The strategy must include assessment of options (including demand management and use of existing infrastructure), recommendations on specific major projects, funding options and priority levels (s 33(2)(d)‑(e)). Infrastructure Victoria must consult publicly on the draft strategy and the statement of objectives before transmitting the final strategy to Parliament (s 34). The Minister must prepare a Government response to that strategy, responding to recommendations and setting out major projects, policies or reforms the Government intends to pursue and the rationale (s 37). The Minister must also prepare and may amend a 5‑year infrastructure plan that identifies priority projects for the next five years, their estimated costs, funding and delivery arrangements and time to delivery and consider policy reforms (ss 38‑39). The 5‑year plan must have regard to the 30‑year strategy (s 39(1)(b)).

Reporting and transparency. Infrastructure Victoria must include progress reporting on the 5‑year plan in its annual report (s 43). It must publish the subject and dates of requests for advice made under Part 3 Division 3 in its annual report (s 45). Infrastructure Victoria must publish evidence and analysis underlying the 30‑year strategy as far as reasonably practicable when the strategy is laid before Parliament (s 35(5)).

Limitations and safeguards. The Act expressly prevents Infrastructure Victoria from indemnifying directors against liability for wilful breach of duty or breach of trust (s 30). Delegation by Infrastructure Victoria is allowed broadly but excludes the power to delegate the power of delegation and the power to appoint or remove the chief executive officer (s 31). The Minister may delegate functions except the power of delegation itself (s 47).

Interplay of independence and ministerial levers. The Act balances institutional independence,Infrastructure Victoria is not subject to ministerial direction or control except as provided by the Act or another Act (s 22),with ministerial levers that influence who sits on the board (ss 13, 14), what the Government does with advice (ss 37, 46), and the ability to obtain information from Infrastructure Victoria when preparing the Government response or 5‑year plan (s 40).

Infrastructure Victoria and its governance. The primary entity created and shaped by the Act is Infrastructure Victoria itself (s 5). The Act determines who governs the body by specifying the board composition, appointment and removal processes and the roles of the chairperson, deputy chairperson and chief executive officer (ss 12‑16, 27). Appointed directors are affected by eligibility, terms and conditions, restrictions on consecutive service and obligations of disclosure of interests (ss 13‑15, 26). Statutory directors are affected differently: they are Department Heads who sit on the board ex officio, receive no remuneration for the director role but may be reimbursed expenses (s 12(2)(d), s 21).

Government decision makers. The Minister is a central user of Infrastructure Victoria’s outputs. The Minister may request written advice (s 44), may require Infrastructure Victoria to provide information for preparing the Government response or 5‑year plan (s 40), may submit a draft 5‑year plan to Infrastructure Victoria for advice (s 41), and must lay the Government response and 5‑year plan before each House of Parliament according to the statutory timetable (ss 37, 42). The Governor in Council participates in appointments of appointed directors on the Minister’s recommendation (s 13(1)). The Act therefore affects Ministerial processes, Cabinet and Government planning machinery because government decision makers will receive structured advice and must prepare formal responses.

Public entities and public service bodies. Those bodies are directly affected by the Act’s information‑gathering and cooperation provisions. Infrastructure Victoria may, by written notice, request specified kinds of information from a public entity or public service body and the entity must co‑operate and respond timely and efficiently to a reasonable request (ss 23‑24). The Act therefore creates an administrative obligation on public entities to allocate staff time and information resources to respond to Infrastructure Victoria’s requests and to maintain confidentiality where required (s 25). Department Heads who are statutory directors also have obligations and governance roles under the Act (s 12(2)(d)).

Private sector parties and proponents of major projects. The Act contemplates that Infrastructure Victoria will advise on Government or private sector proposals for major infrastructure projects (s 44(1)(a)). Private proponents who seek Infrastructure Victoria’s assessment may be asked to supply information. They may also be affected by publication of evidence or analysis underlying the 30‑year strategy and by Infrastructure Victoria’s research into financing and funding models (s 8(d)(iii)), all of which shape the policy and market environment for proposals, procurement and financing.

Appointed directors with private sector backgrounds. The Act contemplates and requires the Minister, as far as practicable, to have regard to the need for appointed directors to collectively include private sector experience (s 14(2)). That encourages appointment of individuals with private sector skills in policy and infrastructure delivery. Those individuals are affected by s 26 obligations to publish the code of conduct for managing conflicts and to disclose interests, and by the prohibition on indemnifying directors for wilful breach (s 30).

Parliament and the public. The Act changes what Parliament receives and when it receives it. A 30‑year strategy, the Government response and the 5‑year plan must be laid before each House and the clerk has duties to notify members and lay documents (s 35). Infrastructure Victoria must publish evidence and analysis relied upon in preparing the 30‑year strategy as far as reasonably practicable when the strategy is laid (s 35(5)). Infrastructure Victoria’s annual report must include progress on the 5‑year plan and details of advice requests (ss 43, 45). The Parliamentary record and the public will therefore be directly affected by what is published and what is withheld under the Act.

Employees, consultants and contractors. The Act contemplates staff employed under the Public Administration Act 2004 and use of staff from public entities or public service bodies (s 28). Infrastructure Victoria may engage consultants, contractors or agents to assist in performing its functions (s 29). Those workers will be affected by procurement and engagement decisions made by the board and chief executive officer.

Those with confidentiality concerns. Parties who supply information and designate it confidential are affected by s 25, which requires Infrastructure Victoria to obtain consent before disclosure. At the same time, Infrastructure Victoria must not publish information obtained from agencies or Ministers that is exempt under FOI (s 23(2)). Those clauses interact with FOI legislation and shape who can expect public disclosure.

Legal advisers and insurers. Directors face the particular legal consequence that the Act does not allow the body to indemnify a director against liability for wilful breach of duty or breach of trust (s 30). That affects potential director risk assessment, insurance arrangements and the willingness of individuals to take on appointed roles.

Citizens and stakeholders. The requirement for public consultation on draft strategies and the statutory publication obligations mean that community groups, industry bodies and other stakeholders are affected through consultation rights and the potential availability of analysis and evidence underpinning strategy (s 34, s 35(5)). However, publication is subject to confidentiality protections (s 25) and ministerial discretion on publishing advice (s 46).

Infrastructure Victoria’s duties. The Act imposes explicit duties on Infrastructure Victoria. It must prepare and publish a 30‑year infrastructure strategy, review and update it every 3 to 5 years, undertake public consultation on draft content, and transmit the strategy to Parliament in accordance with the Act (ss 32‑36). Infrastructure Victoria must perform its functions in a flexible, consultative manner, may inform itself in any way it thinks fit, and must collaborate with public entities and public service bodies (s 10). It must include in its annual report an assessment of the Government’s specified priorities and progress on the 5‑year plan (s 43) and report the subjects and dates of ministerial advice requests and responses (s 45). The board must publish a conflicts management code or details of policies put in place to manage conflicts under s 81 of the Public Administration Act 2004 and disclose any director conflicts in the annual report (s 26).

Rights and protections for suppliers of confidential information. A person or body supplying information to Infrastructure Victoria and identifying it as confidential triggers a statutory non‑disclosure duty: Infrastructure Victoria must not disclose that information unless the supplier consents (s 25). Infrastructure Victoria must also refrain from disclosing documents it obtains from agencies or Ministers that are exempt under the Freedom of Information Act 1982 in the hands of the agency or Minister (s 23(2)). These provisions create rights to confidentiality for suppliers and protect FOI exempt information.

Information requests and cooperation obligations. Infrastructure Victoria has the statutory right to make reasonable written requests for specified kinds of information from public entities and public service bodies (s 23(1)). Those entities have a statutory duty to co‑operate and respond in a timely and efficient manner to reasonable requests (s 24). A Minister may require Infrastructure Victoria to provide information for preparing the Government response or 5‑year plan (s 40(1)). These provisions create reciprocal obligations: Infrastructure Victoria can require information; the Minister can require Infrastructure Victoria to provide information.

Ministerial rights over advice and publication. The Minister has the right to request written advice from Infrastructure Victoria on infrastructure matters and may specify time periods and matters to be considered (s 44). The Minister may withdraw or amend a request before the advice is provided (s 44(3)). The Minister also has express power to publish advice received from Infrastructure Victoria and to publish it with deletions if publication of certain information would be contrary to the public interest; the Minister must include a notice that deletions have been made (s 46). These rights give the Minister control over the public release of Infrastructure Victoria’s advice to Government.

Appointment and removal rights. The Governor in Council appoints appointed directors on the Minister’s recommendation (s 13(1)). The Minister must not recommend a person who is a public sector employee and must be satisfied the candidate has relevant expertise (s 14(1)). The Governor in Council may remove an appointed director on ministerial recommendation for misconduct, neglect of duty, inability to perform duties or any other ground for which the Governor in Council is satisfied removal is appropriate (s 15(3)). If the chair is removed, the Minister must lay before each House a full statement of the grounds within 10 sitting days (s 15(5)). These provisions allocate rights to appoint and remove and require specific parliamentary reporting for a chair removal.

Board and director duties. Directors must disclose interests in matters before Infrastructure Victoria as soon as practicable after relevant facts come to their knowledge (s 26(2)). The Public Administration Act 2004 applies to directors (other than Part 3) in respect of the office (s 18). The board must ensure accurate minutes and regulates its proceedings subject to the Act (s 19). Statutory directors are not entitled to remuneration but may be reimbursed expenses (s 21). Appointed directors’ remuneration and allowances are set in the instrument of appointment (s 13(3)).

Limits on liability protection. Infrastructure Victoria is prohibited from exempting or indemnifying a director against liability for wilful breach of duty or breach of trust (s 30). This creates a duty on the board and potential personal exposure for directors in respect of wilful breaches.

Delegation and administrative duties. Infrastructure Victoria may delegate powers, functions or duties to its CEO, employees or engaged persons, subject to limits: the power of delegation and power to appoint or remove the CEO cannot be delegated (s 31). The Minister may delegate any power, duty or function of the Minister under the Act other than the power of delegation (s 47).

Parliamentary notification duties. When Infrastructure Victoria transmits a strategy to Parliament, the clerk of each House must lay the strategy before the House and notify members in accordance with s 35. Infrastructure Victoria must publish the evidence and analysis underpinning the strategy as far as reasonably practicable upon laying, subject to confidentiality (s 35(5)). The Minister must cause a Government response to be laid before Parliament by the statutory date (s 37).

Statutory enforcement mechanisms. The Infrastructure Victoria Act 2015 contains principally administrative enforcement mechanisms and duties but few direct criminal penalties or pecuniary sanctions. Enforcement is mainly through governance controls, removal powers, reporting obligations and reputational consequences.

Director removal and vacancy. The Act specifies grounds for vacancy and removal of appointed directors. An appointed director’s office becomes vacant if they fail to attend three consecutive meetings without board approval, become insolvent under administration, or are convicted of an indictable offence or an offence that would be an indictable offence if committed in Victoria (s 15(1)). The Governor in Council, on the Minister’s recommendation, may remove or suspend an appointed director on grounds including misconduct, neglect, inability to perform duties or any other ground deemed appropriate (s 15(3)). The Minister must recommend removal if an appointed director is convicted of an offence relating to their duties as a director (s 15(4)). If the chair is removed under those provisions, the Minister must lay before each House a full statement of the grounds within 10 sitting days (s 15(5)). These provisions are administrative enforcement tools targeted at governing personnel rather than criminal sanctions.

Absence of general criminal or civil penalties. The Act does not create specific criminal offences for failure to comply with duties such as responding to information requests under s 23 or cooperating under s 24, nor does it specify pecuniary penalties for non‑compliance by public entities. The statute therefore relies on administrative compulsion and inter‑agency obligations rather than penal enforcement in many areas. Enforcement of cooperation duties will depend on administrative levers, departmental compliance mechanisms and political or parliamentary scrutiny rather than statutory fines.

Reporting and transparency as compliance mechanisms. Reporting obligations function as compliance incentives. Infrastructure Victoria must publish evidence and analysis relied upon in preparing the 30‑year strategy as far as reasonably practicable when laying it before Parliament, subject to confidentiality (s 35(5)). It must include progress on the 5‑year plan in its annual report (s 43) and record the subjects and dates of any advice requested by the Minister (s 45). The requirement that the Minister lay the Government response and 5‑year plan before each House of Parliament by set dates (ss 37, 42) establishes parliamentary accountability, although the Act provides no express penalty for failure to meet the dates beyond political and parliamentary remedies.

Limit on indemnities. The Act expressly excludes a power for Infrastructure Victoria to indemnify directors against liability for wilful breach of duty or breach of trust (s 30). That provision is a statutory limit on an indemnity enforcement mechanism and enforces personal accountability for wilful breaches through civil liability or other non‑statutory remedies. It is a precautionary measure that shifts risk to individuals and their commercial insurers where appropriate.

Ministerial publication discretion and redaction. The Minister may publish advice received under Part 3 Division 3 but may omit material considered contrary to the public interest and must note that deletions were made (s 46). That discretion is an enforcement or control tool the Minister can use to manage sensitive information, balancing transparency and public interest considerations. It is not framed as a penalty, but it can affect the public availability of Infrastructure Victoria’s outputs.

Judicial review and legal remedies. The Act does not specify ouster clauses preventing judicial review of Infrastructure Victoria’s actions or Ministerial decisions. General administrative law remedies and judicial review principles would therefore remain available where actions are unlawful, ultra vires or procedurally unfair, subject to judicial doctrine and any limiting provisions in other legislation. The Act does not itself set out specific procedural penalties or remedies for aggrieved third parties.

Limits on delegation as enforcement safeguard. The Act prevents Infrastructure Victoria from delegating its power to appoint or remove a CEO and from delegating the power of delegation (s 31(2)). Those limits operate as governance safeguards rather than civil penalties, preserving board accountability for particular high‑impact decisions.

In summary, enforcement in this statute is primarily administrative: removal of directors, reporting obligations, confidentiality protections and transparency duties. The Act relies on parliamentary scrutiny, reputational consequences and the obligations of public sector governance frameworks for practical enforcement rather than criminal penalties or financial sanctions embedded in the Act.

Public Administration Act 2004. The Infrastructure Victoria Act expressly draws the Public Administration Act 2004 into its governance framework. The definitions of Department and Department Head derive from the Public Administration Act (s 3). Section 18 applies the Public Administration Act 2004 (other than Part 3) to directors in respect of their office. Section 26(1) requires Infrastructure Victoria to publish details of any code of conduct, policy or process put in place under s 81 of the Public Administration Act 2004 to manage conflicts. Sections 27 and 28 enable employment arrangements under Part 3 of the Public Administration Act 2004 and the use of services of public entity staff. These cross‑references mean that standard public service employment rules, conduct standards and conflict management processes apply to Infrastructure Victoria staff and directors subject to the statutory carve‑outs.

Freedom of Information Act 1982. The Act interacts directly with FOI law. Section 23(2) requires Infrastructure Victoria not to disclose a document obtained from an agency or Minister that is an exempt document under the Freedom of Information Act 1982 in the hands of that agency or Minister. Section 25 creates a non‑disclosure duty where a supplier identifies information as confidential at the time of supply. Those provisions create a protective overlay for information supplies and ensure Infrastructure Victoria respects FOI exemptions. At the same time s 35(5) requires Infrastructure Victoria to publish the evidence and analysis relied upon in preparing the 30‑year strategy as far as reasonably practicable when the strategy is laid before Parliament, subject to s 25. The Act therefore establishes a tension and interplay between transparency obligations and FOI/confidentiality protections.

Financial Management Act 1994. Reporting obligations in the Infrastructure Victoria Act refer to the report of operations under Part 7 of the Financial Management Act 1994 (ss 26(3), 43, 45). Infrastructure Victoria must include specified material in its report of operations under that Act. The Financial Management Act defines accountability, audit and reporting processes for agencies and public entities in Victoria; by requiring inclusion of Infrastructure Victoria outputs in reports under that Act, the Infrastructure Victoria Act ties its reporting to established financial and audit frameworks.

Transport Integration Act 2010. The note to s 8(c) of the Infrastructure Victoria Act explicitly points out that the transport plan required under s 63 of the Transport Integration Act 2010 is an example of a sectoral infrastructure strategy. That cross‑reference situates Infrastructure Victoria’s role as supportive of sector strategies that statutory bodies must produce under other Acts. It signals potential coordination with the transport planning architecture and with other sectoral plans established by statute.

Interpretation of Legislation Act 1984 and endnotes. The published version incorporates style and interpretation provisions noted in the endnotes that reference the Interpretation of Legislation Act 1984 effects on headings, notes and punctuation. The endnotes also record commencement and amendment details, including repeal of Part 5 by s 49 as recorded in the table of amendments in the statutory publication. Those cross‑references are important for legal drafting interpretation and for establishing which parts of the Act are currently in force.

Other statutory instruments and Acts. Section 8(e) gives Infrastructure Victoria the function of performing any other function conferred under any other Act or regulations under any other Act. This creates an open cross‑linkage: other statutes may confer functions on Infrastructure Victoria. Conversely, the Act’s provisions that Infrastructure Victoria is not subject to Ministerial direction except as provided by the Act or another Act (s 22) mean that other statutes could provide different controls or directions where Parliament so intends. The Act therefore embeds Infrastructure Victoria within the broader statutory ecosystem and leaves open statutory cross‑delegations.

Common law and administrative law. The Act does not oust judicial review. Standard administrative law principles will govern the lawfulness of Infrastructure Victoria’s and the Minister’s decisions, subject to the specific statutory constraints and duties. For example, obligations to consult, to publish evidence, and to manage conflicts may give rise to procedural fairness and legitimate expectation issues within common law review, particularly when public decision making by the Government relies on Infrastructure Victoria outputs.

Procurement and commercial law. The Act permits Infrastructure Victoria to engage consultants, contractors or agents (s 29) and to employ staff under the Public Administration Act 2004 (s 28). Those engagements will be subject to public procurement rules, contracting law and financial management rules under the Financial Management Act 1994 and relevant public sector policies. The Act itself does not prescribe procurement procedures but places Infrastructure Victoria within the existing public sector contracting environment.

In sum, the Act is designed to operate as part of a network of Victoria’s public sector legislation. It borrows employment, conduct and reporting frameworks from the Public Administration Act 2004 and the Financial Management Act 1994, interacts with FOI rules, and interfaces with sectoral planning statutes such as the Transport Integration Act 2010. These interactions determine how transparency, confidentiality, staffing, conflicts and reporting operate in practice.

Commencement and early operation. The Infrastructure Victoria Act 2015 was assented to on 8 September 2015 and came into operation on 1 October 2015 as recorded in the endnotes. The Act contains a commencement provision that defaulted any provisions not in operation by 1 January 2016 to that date (s 2(2)).

Version incorporation and table of amendments. The statutory text provided is a version incorporating amendments as at 1 January 2017. The table of amendments in the endnotes records that Part 5 (heading and sections 48 and 49) was repealed by No. 38/2015 s 49 on 1 January 2017, and the Current State note indicates this repeal. The endnotes further state there were no amendments not in operation at the date of the publication.

Specific recorded amendment. The endnotes and table of amendments make explicit that s 49 repealed Part 5 (ss 48, 49) on 1 January 2017. The body of the Act as provided reflects that repeal; the table notes that s 49 itself effected the repeal. The endnotes also confirm that the publication incorporates amendments made to the Act by Acts and subordinate instruments up to that publication date.

No other amendments recorded in the provided material. The statutory endnotes state that the publication incorporates amendments made to the Infrastructure Victoria Act 2015 by Acts and subordinate instruments but, apart from the repeal of Pt 5, no other specific changes are annotated in the provided table. The endnotes include standard interpretative material about style changes and the effects of the Interpretation of Legislation Act 1984 but do not list substantive subsequent amendments in the excerpt provided.

Explanatory material and parliamentary origin. The endnotes include references to the Minister’s second reading speech in the Legislative Assembly and Council (dates provided) and to the Bill’s long title. The long title described the Act’s purpose to establish Infrastructure Victoria and a new strategic infrastructure planning process and to amend the Public Administration Act 2004. Those legislative materials informed parliamentary debate and the form of the Act when passed.

Implication for practitioners. The incorporated amendments up to 1 January 2017 mean that the operative obligations and structure described in this note reflect the Act as of that date. Practitioners should check the current consolidated Act and the legislation database for any subsequent amendments or subordinate instruments not captured in the provided text before advising clients or relying on the statutory provisions, because the endnotes only confirm the state of the Act up to the indicated version date.

No amendments not in operation recorded. The statutory endnotes include a section titled “Amendments Not in Operation” and state there were none at the date of the publication. That indicates that, as at the printed version’s effective date, there were no provisions deferred beyond the publication date.

Record of repeal of Part 5. The table of amendments provides the concrete amendment history item that Part 5 (s 48 and s 49) was repealed with effect 1 January 2017 and that this change is incorporated into the version provided.

Practical check. Because the Act cross‑references other statutes and relies on delegated or subordinate instruments for implementation details such as remuneration, instruments of appointment and reporting formats, counsel and officials should check the Gazette notices, instruments of appointment, consultation materials and any Ministerial or administrative directions published after 1 January 2017 to capture operational changes not recorded in the consolidated Act text.

Statute text contains no named cases. The text of the Infrastructure Victoria Act 2015 and the accompanying endnotes provided do not reference any judicial decisions, cases or litigation history. The Act’s endnotes include parliamentary materials and legislative amendment records but do not include litigation citations.

No statutory litigation history recorded in endnotes. The endnotes list commencement data, the Minister’s second reading speech, and amendment notes. They do not list any instances in which the Act has been litigated, interpreted or challenged in the courts as at the publication captured by the provided material.

Implication for legal research. Because the Act does not itself name cases and the provided materials show no litigation history, practitioners seeking case law about the Act’s interpretation, ministerial discretion under s 46, the duties to cooperate under s 24 or challenges to appointment or removal decisions under s 15 must search case law databases and court records beyond the Act text. Judicial consideration of issues such as the scope of s 23 information requests, the interplay with FOI exemptions under s 23(2), or the Minister’s power to delete material from published advice under s 46 would be relevant topics to check in post‑enactment jurisprudence.

No conclusions drawn. This section does not attempt to infer litigation outcomes or to invent cases. It records that no litigation history is supplied in the statute text or endnotes provided. Users should conduct up‑to‑date searches of Victorian and federal courts, administrative tribunals and reported decisions to identify any subsequent litigation that engages the Act.

Publication obligations versus confidentiality. Infrastructure Victoria must publish the evidence and analysis relied upon in preparing the 30‑year infrastructure strategy as far as reasonably practicable when the strategy is laid before Parliament (s 35(5)). At the same time Infrastructure Victoria must not disclose documents obtained from agencies or Ministers that are exempt under the Freedom of Information Act 1982 in the hands of the agency or Minister (s 23(2)), and must seek consent before disclosing information that was supplied and designated confidential (s 25). These provisions together create a practical conflict: Infrastructure Victoria must balance transparency with statutory confidentiality and FOI exemptions. The statutory test is “as far as is reasonably practicable” (s 35(5)); the Act does not set a process or standard for resolving specific disputes about redaction, leaving practical judgement calls and potential legal risk.

Ministerial control over public release of advice. Infrastructure Victoria provides advice to the Minister on request (s 44). The Minister may publish that advice, but the Minister also has an express power to delete material considered contrary to the public interest and must note such deletions (s 46). The Minister may withdraw or amend a request for advice before Infrastructure Victoria provides it (s 44(3)). Those mechanics mean that Infrastructure Victoria’s advice to Government can be kept confidential in whole or in part at the Minister’s discretion, and the Minister controls whether the public sees the advice and in what form. The Act therefore does not guarantee public access to all advice even if Infrastructure Victoria produces it.

Information requests impose administrative costs on public entities. Infrastructure Victoria may require information from public entities and public service bodies by written notice (s 23(1)) and those bodies must co‑operate and respond to a reasonable request in a timely and efficient manner (s 24). The Act does not specify a detailed process for disputes over what is “reasonable”, nor does it specify sanctions for non‑cooperation. Entities may need to allocate staff time and resources to respond, tie up internal FOI processes where material is exempt, or manage confidential commercial information provided by third parties. Those burdens are real and the Act places the obligation on the entities rather than specifying funding for compliance.

Appointments are politically mediated. Appointed directors are appointed by Governor in Council on the Minister’s recommendation (s 13(1)) and the Minister must have regard, as far as practicable, to private sector experience when making recommendations (s 14(2)). While the board is declared not subject to Ministerial direction and control (s 22), appointment processes give the Minister significant influence over board composition. Practitioners should not assume that statutory independence removes all political influence on membership.

Director liability exposure. The Act expressly prohibits indemnifying a director against liability for wilful breach of duty or breach of trust (s 30). That restriction affects potential insurance arrangements and may deter some candidates from accepting appointment unless they are satisfied with available indemnity or insurance for other forms of liability. It also means that directors must be cautious about conduct that could be characterised as wilful breach.

Remuneration quirks. Statutory directors (Department Heads) are not entitled to remuneration or allowances for their role as directors but are entitled to reimbursement of reasonable expenses (s 21). Appointed directors are appointed on terms and conditions, including remuneration, set out in the instrument of appointment (s 13(3)). Practitioners advising potential appointees should check the instrument of appointment for remuneration details and ensure any conflicts with departmental duties are managed.

No express sanctions for missed timelines. The Act sets clear timetables: for example, Infrastructure Victoria had to transmit the first 30‑year strategy by 31 December 2016 (s 32(2)), and the Government response must be laid by the first sitting day after the first anniversary of the strategy’s laying (s 37(3)‑(4)). The Act does not provide statutory penalties for failure to meet those dates. Accountability therefore rests on parliamentary scrutiny, reputational cost and internal government processes rather than statutory sanctions.

Delegation limitations. Infrastructure Victoria may delegate many functions (s 31(1)) but cannot delegate the power of delegation or the power to appoint or remove the chief executive officer (s 31(2)). Practically, the board must retain core governance responsibilities and cannot escape accountability by wholesale delegation. Legal advisers should check delegation instruments for compliance with the Act’s non‑delegable carve‑outs.

FOI interplay and third‑party information. Parties supplying information may designate it confidential (s 25). That raises practical issues where third party commercial information is provided; Infrastructure Victoria must seek consent before disclosure but the Act does not set a dispute resolution mechanism if consent is refused and publication obligations (s 35(5)) exist. Third parties should be advised about the limits of confidentiality protections in the public interest and parliamentary context.

Annual reporting linkage and audit. The Act ties key reporting responsibilities to the Financial Management Act 1994 reporting framework (ss 26(3), 43, 45). That creates obligations on Infrastructure Victoria to include specified disclosures in reports of operations. Practitioners working with Infrastructure Victoria should ensure that audit trails, evidence and disclosures are prepared in ways that satisfy the Financial Management Act reporting standards.

Governance and appointments. Ensure instruments of appointment for appointed directors comply with s 13: specify term (3 to 5 years), part‑time status and terms and conditions including remuneration. The Minister must be satisfied appointed directors are not public sector employees and possess appropriate knowledge or experience in policy, infrastructure planning, funding or delivery (s 14(1)). Where appointing authorities seek to meet the statutory requirement to have regard to private sector experience, document the selection criteria and the Minister’s consideration to demonstrate compliance with s 14(2).

Conflicts and disclosure. Publish details of the code of conduct, policy or processes adopted under s 81 of the Public Administration Act 2004 for managing conflicts, as required by s 26(1). Adopt a register and a process for directors to disclose interests “as soon as is practicable” after relevant facts come to their knowledge (s 26(2)). Include details of disclosed conflicts in the annual report as required by s 26(3). Keep minutes and conflict records to support any future scrutiny.

Information‑request processes. Develop standard operating procedures for receiving and responding to written notices under s 23. The notice must specify the information required; review and document legal bases for supply, including FOI status and confidentiality. For public entities and public service bodies, set turnaround times and resource allocations to respond “in a timely and efficient manner” to reasonable requests as required by s 24. Where requested material is exempt under FOI or supplied as confidential, document the exemption or confidentiality claim and follow s 25 by seeking the supplier’s consent before disclosure.

Confidentiality and FOI handling. When receiving information, if the supplier states it is confidential, Infrastructure Victoria must not disclose it without consent (s 25). Maintain procedures to identify FOI exempt material obtained from agencies or Ministers and do not disclose such documents as required by s 23(2). For publication obligations under s 35(5), establish redaction protocols that balance the statutory duty to publish evidence “as far as is reasonably practicable” with confidentiality restrictions; document decisions and rationale for redactions. Consult legal counsel for potential disputes with suppliers or agencies about disclosure.

Strategy and consultation workflows. For the 30‑year strategy (s 32‑33) and the 5‑year plan (s 38‑39), develop evidence collection templates that capture the required quantitative inputs: land use plans, population projections, economic data and assessments of options (s 33(2)(c)‑(d)). Plan and document public consultation in line with s 34 for the statement of objectives and draft strategy. When finalising the strategy, ensure transmission to Parliament and publishing procedures comply with s 35 timing and clerk notification requirements.

Reporting and transparency compliance. Integrate the reporting requirements into the annual report production cycle under the Financial Management Act 1994. Provide the assessment of the Government’s specified priorities and progress on the 5‑year plan in the report of operations as required by s 43. Include the subject, dates and any amendment or withdrawal details of requests for advice in the annual report per s 45. Maintain an auditable trail of advice requests and responses to enable accurate annual reporting.

Board and meeting procedures. Keep accurate minutes and records consistent with s 19(5). Ensure quorum procedures, voting rules and chair’s casting vote are observed (s 19(3)‑(6)). Where directors participate by communication technology, ensure records reflect attendance and that the technology satisfies participation requirements (s 19(7)). For out‑of‑session resolutions, use the s 20 mechanism with clear signed documents and notification to each director as soon as practicable.

Chief executive officer appointment and staff. The board, after consultation with the Minister, appoints the CEO (s 27(1)). The CEO must not be a director (s 27(5)). Document the consultation with the Minister and the instrument of appointment, the term and conditions and any acting appointments per s 27(7). For staff employment, use Part 3 of the Public Administration Act 2004 as the employment vehicle (s 28(1)) or establish secondment/service agreements with public entities where appropriate (s 28(2)).

Delegation instruments. Prepare clear delegation instruments under s 31(1) delegating powers to the CEO, employees or engaged persons, and ensure they do not attempt to delegate the power of delegation or the power to appoint or remove the CEO (s 31(2)). Retain oversight mechanisms and internal controls to ensure delegated powers are exercised within the board’s policy framework and statutory limits.

Engage consultants and contractors lawfully. Use procurement practices consistent with public sector procurement rules and the Financial Management Act 1994 when engaging consultants, contractors or agents (s 29). Document scopes, deliverables and confidentiality obligations in contracts to support s 25 confidentiality protections and s 35 publication obligations.

Manage director liability and insurance. Acknowledge the statutory restriction on indemnifying directors against liability for wilful breach of duty or breach of trust (s 30). Obtain appropriate D&O insurance that excludes coverage for wilful breaches where required, and provide potential appointees with clear advice on risk allocation and available insurance.

Prepare for Ministerial interactions. Establish protocols for receiving Ministerial advice requests under s 44: track the written request, the period specified for delivery, matters to be considered, and any amendments or withdrawals. Maintain a register of ministerial advice requests to support annual reporting obligations under s 45. Be prepared that the Minister may publish advice with deletions under s 46 and that the Minister may require information from Infrastructure Victoria under s 40.

Parliamentary and publication interactions. Coordinate with parliamentary clerks and the Department of Premier and Cabinet when transmitting strategies and plans to Parliament under s 35. Prepare public versions and redacted versions in advance to meet publication timing obligations and to manage confidentiality exclusions under s 25.

Legal oversight and administrative law. Provide regular legal reviews of disclosure decisions, confidentiality claims, FOI interactions and advice requests to mitigate judicial review risk. Document consultation processes and decision rationales in preparing the 30‑year strategy and 5‑year plan to strengthen procedural fairness defences.

Record‑keeping and audit trails. Implement record‑keeping systems for minutes, evidence, analysis, information requests and disclosures to meet reporting duties and to facilitate audit under the Financial Management Act 1994. Maintain a register of conflicts, remuneration instruments, delegation instruments and appointment instruments.

By following these steps and mapping each operational activity to the relevant statutory provision cited above, Infrastructure Victoria, ministers, public entities and private participants can operationalise the Act’s requirements, protect confidentiality where necessary and meet transparency and reporting obligations while managing the practical burdens of information requests and consultation.