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.