122Offence of taking detrimental action against members

122 Offence of taking detrimental action against members

(1) A person must not take detrimental action against another person who is or was a member of a Formal Review because the other person is or was a member of a Formal Review.

(2) It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in that subsection was not a substantial reason for the detrimental action.

Part 5—General

Division 1—General provisions for inquiries

123 Powers of Royal Commissions and Boards of Inquiry

(1) A Royal Commission or Board of Inquiry cannot inquire into or exercise any powers in relation to any of the following persons or bodies—

(a) the Auditor-General;

(b) the Ombudsman;

(c) the Electoral Commissioner;

(d) the IBAC;

S. 123(1)(e) amended by No. 31/2024 s. 113(Sch. 1 item 17.2).

(e) Integrity Oversight Victoria;

(f) the Director of Public Prosecutions for Victoria;

(g) a Crown Prosecutor;

(h) a Victorian court;

(i) VCAT;

(j) a judicial officer;

(k) a non-judicial member of VCAT;

(l) a member of the staff of Court Services Victoria in relation to the performance of judicial or quasi-judicial functions of a Victorian court.

(2) To avoid doubt, it is not the intention of this Act to alter or vary section 94B, 94E or 94F of the Constitution Act 1975.

(3) Nothing in this section prevents a person or body referred to in subsection (1) from giving evidence or information, or producing a document or other thing, voluntarily to a Royal Commission or Board of Inquiry.