What it does
The Inquiries Act 2014 (Vic) establishes a statutory framework for the creation, conduct, and conclusion of three tiers of public inquiry in Victoria: Royal Commissions, Boards of Inquiry, and Formal Reviews. Section 1(2) explains that the Act provides for the establishment and conduct of these inquiry types, their powers, matters of privilege and confidentiality, and related offences. The Act does not replace the prerogative power of the Crown to issue commissions outside the Act (s 8), nor does it affect inquiries established under other enactments (s 1(3) and s 53(3)). The binding of the Crown extends to Victoria and, so far as legislative power permits, the Crown in all its other capacities (s 4).
Royal Commissions are established by the Governor by letters patent on the advice of the Premier (s 5). The letters patent must specify the commissioners, the chairperson, and the terms of reference, and may specify reporting timelines, whether the commission may incur expenses from the Consolidated Fund, and the manner of inquiry. Boards of Inquiry are established by Order in Council on the recommendation of the Premier (s 53). Formal Reviews are established by the Premier (or another Minister with the Premier’s approval) by instrument (s 93). The three tiers possess ascending coercive powers. Royal Commissions have the strongest suite: they can compel production of documents and attendance of witnesses (s 17), take evidence on oath (s 21), obtain search warrants (s 28), and override legal professional privilege (s 32) and the privilege against self-incrimination (s 33) subject to limited exceptions. Boards of Inquiry can compel production and attendance (s 64) and take evidence on oath (s 68), but they cannot override legal professional privilege (s 65(2)(c) preserves it as a reasonable excuse) and they cannot obtain search warrants. Formal Reviews have no coercive powers at all: they cannot issue notices to produce or attend, cannot administer oaths, and have no search and seizure powers. The Act also provides for conversion between tiers: a Formal Review may be converted into a Board of Inquiry (s 94) or into a Royal Commission (s 95), and a Board of Inquiry may be converted into a Royal Commission (s 55). Conversion carries forward records, notices, and arrangements. All three types must conduct their inquiries with procedural fairness (ss 12, 59, 99). Each must deliver a report: Royal Commissions and Boards of Inquiry report to the Governor (ss 35, 75); Formal Reviews report to the Premier (s 107). Reports are tabled in Parliament under specific procedures (ss 37, 77, 109). Adverse findings require the inquiry to ensure the person is aware of the matters and has had an opportunity to respond, and the response must be fairly set out in the report (ss 36, 76, 108).