Inquiries Regulations 2025

The Regulations revolve around two core categories: witness assistance (financial and administrative) and prescribed procedural forms. Each concept is narrowly defined and implemented by discrete regulation provisions.

Prescribed scale of expenses and allowances (reg 6). The Regulations explicitly declare that, for the purposes of particular sections of the Act (ss 42(2), 82(2) and 114(2)), the prescribed scale of reimbursements is the set of amounts and rules contained in Part 2. That makes the Regulations the primary instrument for determining what witnesses can recover for loss and out‑of‑pocket expenditure when attending an inquiry.

Witness definition and scope (reg 5). The Regulations adopt a particular definition of “witness”. For Royal Commissions and Boards of Inquiry it includes persons attending under a notice to attend or at the request of the inquiry (reg 5). For a Formal Review it limits entitlement to those who attend at the request of the Formal Review only if the establishing instrument explicitly provides for payment of expenses and authorises the incurrence of financial obligations (reg 5(b)). The definition therefore circumscribes financial entitlements by reference to the type of inquiry and its establishing instrument.

Loss of income and caps (reg 7). The Regulations enable reimbursement only of “the amount of income actually lost” but then set per‑hour and per‑day maxima. There is a higher cap for persons giving evidence “in an expert capacity” (reg 7(a)), and a lower cap for others (reg 7(b)). “Expert” is defined in reg 5 as someone with specialised knowledge based on training, study or experience. The mechanism is therefore a hybrid: actual loss is to be repaid, but only to specified upper limits.

Other allowances (reg 8). People not engaged in employment or business can recover reasonable costs for alternative caring arrangements and up to $50 per day for other non‑travel/meal/accommodation costs. Reg 8(2) disallows double recovery: a witness eligible under reg 8 cannot also claim under reg 7.

Meals and accommodation (reg 9). The Regulations use three tables. Table A applies where the inquiry is in Melbourne, Table B applies elsewhere, and Table C applies to same‑day part‑day absences subject to specific time windows (reg 9(2)). There is a distinct cap on alternative accommodation of $150 per night (reg 9(3)).

Travel (reg 10). Reimbursement for personal vehicle use is a fixed cents/km rate (18 cents per km) (reg 10(a)). For other transport, reimbursement is a “reasonable amount” equal to the cost of an economical form of transport, with the chairperson instructed to have regard to enumerated matters and any other matter the chairperson considers relevant (reg 10(b)).

Evidentiary and timing traps (regs 11-12). The inquiry may request satisfactory evidence of income lost and other costs (reg 11). Claims must be submitted prior to the inquiry delivering its final report (reg 12), which ties entitlement to an administrative deadline determined by the inquiry’s lifecycle.

Prescribed forms and legal mechanics (Part 3 and Schedule 1). The Regulations prescribe forms corresponding to specified Act provisions: notices to attend and produce (Forms 1 and 5), directions where a witness is in custody (Forms 2 and 6), a search warrant template (Form 3), and a receipt for seized items (Form 4). The forms incorporate language identifying grounds for objecting to notices (for example, privilege or legislative prohibitions) and warn about possible criminal penalties and court enforcement actions under the Act (Forms 1 and 5). The search warrant form identifies a magistrate as the issuing officer and sets a maximum duration for the warrant (Form 3).

Statutory integration points. The Regulations are made under s 133 of the Act (reg 2) and explicitly link to various Act provisions when prescribing forms or scales (reg 6; regs 13-18). The Endnotes additionally instruct how to treat headings, examples and punctuation under the Interpretation of Legislation Act 1984 (Endnotes, “INTERPRETATION OF LEGISLATION ACT 1984 (ILA)”), indicating that the drafting treats the forms, notes and headings as part of the legal instrument where relevant.

Together, these concepts convert general statutory powers in the Act into concrete, administrable entitlements and administrative instruments. Decision points allocated to inquiry chairs (for travel reasonableness), magistrates (for search warrants), and the inquiry (for approval and record keeping) are central design features.

The Regulations affect a defined set of actors through financial entitlements, duties to use prescribed forms, and procedural obligations. The most directly affected parties are witnesses who attend inquiries and the administrative bodies running inquiries.

Witnesses. The Regulations define who counts as a “witness” and the monetary and procedural consequences of that status (reg 5). Witnesses include those required to attend under notice or attending at the request of a Royal Commission or Board of Inquiry (reg 5(a)). For Formal Reviews, entitlement is conditioned on the establishing instrument expressly providing for expenses and authorising financial obligations (reg 5(b)). Thus attendance at a Formal Review does not automatically carry an entitlement; entitlement depends on the establishing instrument. Witnesses that are experts (as defined in reg 5) face a different reimbursement cap under reg 7(a).

Persons not in employment. Reg 8 specifically addresses witnesses who are not engaged in employment or business, allowing reimbursement for alternative caring arrangements and a modest $50 per day limit for other costs. That creates an administrative distinction between employed/unemployed witnesses with different entitlement structures and cross‑claim rules (reg 8(2)).

Inquiry chairs and staff. The chairperson’s role is central in discretionary assessments, particularly under reg 10(b) where a “reasonable amount equal to the cost of an economical form of transport” is to be determined having regard to matters the chairperson considers relevant. The inquiry also has the power to request “satisfactory evidence” of claimed amounts (reg 11) and to set the administrative timeline by delivering a “final report” after which claims are not accepted (reg 12). Inquiry staff must manage claims, evaluate evidence, and apply the prescribed caps and time windows for meal entitlements (reg 9(2)).

Custodial and enforcement agencies. Forms 2 and 6 are directions to persons in charge of custodial institutions to bring a detained person before a Royal Commission or Board of Inquiry. Form 3 contemplates police and named officers executing search warrants; it expressly authorises “all police officers” and named officers to enter and search specified premises, vehicles, vessels or aircraft (Form 3). The magistrate’s role in issuing search warrants is signalled on the warrant form (Form 3: “Issued … by , Magistrate”).

Courts. The forms reference that the inquiry may apply to the Supreme Court of Victoria to compel attendance (Forms 1 and 5), invoking judicial enforcement mechanisms under the Act (see references to s 23 and s 70 in the forms). While the Regulations do not create new judicial powers, they link the inquiry’s administrative steps to the Act’s enforcement routes.

Document custodians, business and third parties. The notice to produce (Forms 1 and 5) will directly affect entities and custodians who receive notices for documents or things. The search warrant template (Form 3) and the receipt for seized items (Form 4) affect custodians of material subject to search and seizure.

Magistrates. The search warrant form designates a magistrate to sign and set the warrant expiration (Form 3). Courts therefore remain gatekeepers for intrusive searches.

Tax and accounting professionals. Monetary caps on recoverable income and the requirement to produce “satisfactory evidence” of lost income (reg 11(a)) mean that professionals advising witnesses , lawyers, accountants, payroll officers , will be involved in records assembly and claims substantiation.

Regulatory administrators. Because the Regulations revoke the 2015 instrument (reg 4) and specify that the instrument will sunset in ten years (endnotes), legislative drafters and subordinate legislation auditors will also be affected by the new prescriptions in administrative reviews and statutory rollovers.

In sum, the Regulations touch the financial position of individuals who attend inquiries, delineate decision points for chairs and magistrates, and require custodians and enforcement agencies to use prescribed forms. They also shape the work of accountants, legal advisers and inquiry administrators who must prepare and assess claims and complete required paperwork.

The Regulations create a set of enforceable entitlements for witnesses and procedural duties for inquiries and other actors. These duties and rights operate by reference to the Act’s powers.

Entitlements to reimbursement. Witnesses are entitled to reimbursement for specified categories of loss and expense when they meet the definition in reg 5 and the inquiry is one for which the scale applies (reg 6). The right is conditional on (a) the type of inquiry, (b) whether the person attended in response to a notice or at the inquiry’s request, and (c) in the case of Formal Reviews, whether the establishing instrument authorises expenses (reg 5). The specific entitlements are:

• Loss of income: reimbursement of actual income lost, subject to caps,up to $300/hour (max $1,500/day) for experts and up to $100/hour (max $600/day) for others (reg 7).
• Non‑employment allowances: reimbursement for reasonable alternative caring costs and other expenses up to $50/day for witnesses not engaged in employment or business; claimants under reg 8 cannot simultaneously claim under reg 7 (reg 8(1)-(2)).
• Meals: fixed allowances for breakfast, lunch and dinner based on whether the inquiry requires an overnight absence in Melbourne (Table A) or elsewhere (Table B), and lower, time‑conditioned amounts for part‑day attendance (Table C and reg 9(2)).
• Accommodation: reimbursement of reasonable alternative accommodation costs up to $150 per night (reg 9(3)).
• Travel: 18 cents per kilometre for use of the witness’s own vehicle (reg 10(a)); otherwise a reasonable amount equal to the cost of an economical form of transport, determined with regard to several enumerated factors and any other matter the chairperson considers relevant (reg 10(b)).

Duties to provide evidence and timing. The inquiry may request “satisfactory evidence” of claimed income loss, caring arrangements, meals, accommodation, absence from home, and the cost of transport (reg 11). Witnesses have a duty to submit claims before the inquiry delivers its final report; failure to do so defeats entitlement (reg 12). The Regulations do not prescribe a form for claims but require evidence as the inquiry requests.

Duties to use prescribed forms. For specific statutory powers under the Act the Regulations require officials to use particular forms. Reg 13 prescribes Form 1 for notices under s 17(2) (Royal Commissions); reg 14 prescribes Form 2 for directions under s 20(2); reg 15 prescribes the search warrant form for s 28(4); reg 16 prescribes the receipt form for s 30(3); reg 17 prescribes Form 5 for notices under s 64(2) (Boards of Inquiry); and reg 18 prescribes Form 6 for directions under s 67(2). The forms include mandatory content fields (for example, identity of the person, address, time and place for attendance, description of documents to be produced) and required advisory material (for example, grounds for objecting and references to the Act’s objection provisions). Using the exact prescribed form will be an administrative duty where the Act requires a form under the cited provisions.

Objection and privilege rights. Forms 1 and 5 explicitly set out examples of “reasonable excuse” and list grounds such as the risk of self‑incrimination, parliamentary privilege, public interest immunity, court orders or statutory prohibitions, and in Form 5 a reference to legal professional privilege is included. The forms advise recipients how to object in writing and that the inquiry may vary or revoke the notice if satisfied the claim is made out. These are rights embedded in the notice form and channel objections into an administrative process.

Enforcement warnings. The prescribed notices carry explicit warnings that failure to comply without a reasonable excuse may constitute a criminal offence (Forms 1 and 5 reference maximum penalties in the Act,see Forms’ references to ss 46 and 86 of the Act), and that the inquiry may seek a Supreme Court order to compel compliance (Forms 1 and 5 reference ss 23 and 70 respectively). While the Regulations do not themselves create criminal sanctions, they connect prescribed administrative instruments to the Act’s enforcement framework.

Duties on custodial institutions and magistrates. The direction forms (Forms 2 and 6) direct persons in charge of places of custody to bring detained persons before the inquiry at specified times and to return them afterwards. The search warrant form contemplates magistrate issuance and places a 28‑day maximum life for the warrant on its face (Form 3), reflecting a duty to limit the warrant’s operation in time.

Administrative discretion. The Regulations give the chairperson discretion to determine “reasonable” reimbursements for non‑vehicular travel with regard to enumerated factors (reg 10(b)). The inquiry also retains discretion to determine whether objections are made out and whether to vary or revoke notices under Forms 1 and 5.

Record‑keeping. While the Regulations do not set out an exhaustive record‑keeping obligation, the requirement to produce “satisfactory” evidence (reg 11), the use of a receipt for seized items (Form 4), and the prescribed content of notices indicate an operational duty to create and maintain administrative records sufficient to support claims and enforcement actions.

Overall, the Regulations provide a detailed matrix of entitlements and administrative duties, with precise monetary and procedural limits and with decision authority allocated among the inquiry, the chairperson and judicial officers in specific contexts.

The Regulations themselves are primarily prescriptive about forms and financial scales. They do not create criminal offences or new enforcement powers; rather, they embed references to the enforcement provisions of the Inquiries Act 2014 within the prescribed forms and align procedural steps to existing statutory enforcement mechanisms.

Reference to criminal penalties in notices. Forms 1 (notice to attend/produce for a Royal Commission) and 5 (notice to attend/produce for a Board of Inquiry) both contain explicit warnings that failure to comply with the notice without a reasonable excuse "may constitute a criminal offence" and specify that “the maximum penalty for this offence is 240 penalty units or imprisonment for 2 years”, with a citation to the relevant sections of the Act , Form 1 cites s 46 and Form 5 cites s 86. The prescribed form therefore functions as the vehicle for communicating the Act’s criminal sanctions to the recipient. The Regulations do not restate how penalty units convert to monetary amounts; that is governed elsewhere in law.

Court enforcement avenues. The forms also warn that non‑compliance may result in the inquiry applying to the Supreme Court of Victoria for an order compelling compliance. Form 1 refers to s 23 of the Act and Form 5 refers to s 70. These cross‑references place the prescribed administrative notice within the Act’s established judicial enforcement framework rather than creating a new, separate administrative penalty regime.

Search and seizure. The Regulations prescribe a search warrant form (Form 3) for s 28(4) of the Act and a receipt for seized documents and things (Form 4) for s 30(3). The search warrant form authorises specified officers, including “all police officers,” to enter and search premises, vehicles, vessels or aircraft, inspect and copy documents, and take possession of items relevant to the inquiry (Form 3). The form also provides for conditions and sets the warrant endpoint (not later than 28 days after issue). The operational effect is that search and seizure remain subject to judicial authorisation (magistrate’s signature on Form 3) and are to be documented using the prescribed receipt (Form 4). The Regulations thereby prescribe transparent chains for authorisation and custody of seized items.

Administrative enforcement through evidence and claims. Reg 11 allows an inquiry to request “satisfactory evidence” of claimed expenses. If a claimant cannot produce such evidence, the inquiry may reject the claim. While the Regulations do not spell out dispute resolution processes for rejected claims, the timing constraint in reg 12 , claims must be submitted before the inquiry delivers its final report , limits the window for administrative dispute.

Obligations on custodial authorities. Directions in Forms 2 and 6 are addressed to persons in charge of custodial places and direct them to produce detained persons for attendance. While these are administrative directions under the Act, the forms note as a procedural requirement that a direction under the Act must accompany a notice as set out in the corresponding form (Notes in Forms 2 and 6). Enforcement of such directions is in practice mediated by the Act’s powers and, potentially, courts.

Discretion and enforcement gaps. The Regulations afford discretion to the chairperson for travel reimbursement determinations (reg 10(b)). That discretion, combined with the “satisfactory evidence” requirement (reg 11), means enforcement of monetary entitlements largely sits with inquiry administrators. The Regulations do not prescribe an internal appeal procedure for rejected claims, nor do they create an external route besides ordinary judicial remedies under the Act.

Sunset and revocation with enforcement implications. The Regulations revoke the 2015 regulations (reg 4) and will sunset after ten years (endnotes). Sunset may create future enforcement or transitional issues if claims span an inquiry that straddles the revocation or sunset period, though the Regulations do not address transitional arrangements.

In summary, the Regulations embed the Act’s criminal sanctions and court enforcement options into the prescribed notice forms, provide judicial authorisation and documentation routes for search and seizure, and leave the enforcement of monetary entitlements largely to administrative discretion supported by documentary requirements. The principal enforcement levers remain the Act’s criminal provisions and court powers, which the prescribed forms notify to recipients.

The Regulations are subordinate legislation made under s 133 of the Inquiries Act 2014 (reg 2) and are designed to operate only in conjunction with that Act. They also interact explicitly with the Interpretation of Legislation Act 1984 and the Subordinate Legislation Act 1994, as recorded in the Endnotes.

Primary interaction with the Inquiries Act 2014. The Regulations are carefully modularised around powers and procedural sections of the Act. Reg 6 expressly provides that the prescribed scale applies for the purposes of ss 42(2), 82(2) and 114(2) of the Act. The prescribed forms are similarly tied to statutory provisions: reg 13 for s 17(2), reg 14 for s 20(2), reg 15 for s 28(4), reg 16 for s 30(3), reg 17 for s 64(2), and reg 18 for s 67(2). Those cross references mean the Regulations should be read as completing procedural and financial details left by the Act to subordinate instruments. The forms also reiterate objection grounds that the Act recognises (for example, self‑incrimination, parliamentary privilege, public interest immunity, legal professional privilege in Form 5), which aligns administrative practice with statutory protections.

Interaction with judicial processes. The forms’ references to the Supreme Court’s ability to order compliance (Forms 1 and 5 citing ss 23 and 70 of the Act) and the criminal offenses cited (Forms 1 and 5 citing ss 46 and 86) indicate that the Regulations are intended to operate within existing judicial enforcement architecture. The search warrant form requires a magistrate’s signature and limits the warrant’s duration to not more than 28 days (Form 3), thus involving the court system as a gatekeeper for intrusive measures.

Interpretation of subordinate instruments. The Endnotes contain directions referencing the Interpretation of Legislation Act 1984 (ILA). They state that headings, examples, diagrams and punctuation form part of the Statutory Rule where the ILA so provides, and signal that certain style changes permitted by the ILA are applied. These instructions affect how courts or administrators might construe the Regulations, confirming that the forms and notes included in the Statutory Rule are legally operative.

Subordinate Legislation Act and sunset. The Endnotes record that the Regulations will sunset ten years after the date of making under s 5 of the Subordinate Legislation Act 1994. That interaction imposes a temporal cap on the Regulations’ operation and triggers future processes for review and possible re‑making or replacement of the scales and forms.

Potential interactions not addressed in the Regulations. The Regulations list many grounds for objecting to a notice that implicate other bodies of law,parliamentary privilege, public interest immunity, legal professional privilege, court orders or statutory prohibitions (Forms 1 and 5). That creates potential interfacing with evidence law, privilege doctrines and other statutes that create secrecy or confidentiality protections. However, the Regulations themselves do not set rules for resolving privilege disputes beyond instructing recipients to object in writing and giving the inquiry power to vary or revoke notices where it is satisfied that the objection is made out.

Administration, tax and social security implications. The Regulations set caps and reimbursements for income lost and costs incurred. While they state that witnesses are “entitled to reimbursement of the amount of income actually lost” subject to caps (reg 7), they do not address ancillary legal consequences such as taxation, social security offsets or entitlements under employment law. Those interactions will be governed by other laws and are not dealt with in the Regulations.

Concurrence with other statutory instruments. Reg 4 revokes the Inquiries Regulations 2015, so the new instrument supplants prior subordinate law. The Endnotes’ Table of Amendments shows no later amendments. Any administrative action or outstanding claims must therefore operate against the 2025 Regulations for inquiries commencing after commencement, unless transitional provisions exist elsewhere.

In short, the Regulations are tightly integrated with the Inquiries Act 2014 and operate within the broader statutory and judicial architecture. They do not attempt to override or duplicate other statutory regimes; instead they fill in procedural and financial detail delegated by the Act, while leaving intersections with privilege, taxation and social security to be resolved under the relevant primary laws.

The Regulations set out a concise amendment and provenance record in the instrument’s text and Endnotes.

Revocation of the previous instrument. Regulation 4 expressly revokes the Inquiries Regulations 2015. This is a clear, single‑line revocation: "The Inquiries Regulations 2015 are revoked." No transitional provisions are included in the text supplied here; the revocation is absolute as stated. That replacement means any procedures, scales or forms previously prescribed by the 2015 instrument are displaced by the 2025 Regulations from the commencement date.

Making and commencement dates. The Endnotes record that the Regulations were made on 25 March 2025 by the Governor in Council under s 133 of the Inquiries Act 2014 and came into operation on 30 March 2025 (reg 3 and Endnotes 1). The instrument is labelled S.R. No. 14/2025 and is Version No. 001 as at 30 March 2025.

No subsequent amendments. The Endnotes include a Table of Amendments entry stating "There are no amendments made to the Inquiries Regulations 2025 by statutory rules, subordinate instruments and Acts." The Table of Amendments section confirms the instrument has not been amended since its making (Endnotes 2).

Sunset provision. The Endnotes state the Regulations will sunset ten years after the day of making (25 March 2035), relying on s 5 of the Subordinate Legislation Act 1994. That places the Regulations within the statutory lifecycle for subordinate instruments and indicates an automatic expiry unless re‑made or extended in accordance with the Subordinate Legislation Act.

Interpretation and style adjustments. The Endnotes include statements about how the Interpretation of Legislation Act 1984 affects headings, examples, punctuation and the placement of legislative items. These style directives are not amendments to substantive content, but they influence how the text should be read and may have effected minor drafting changes when the instrument was made.

Record‑keeping of amendment history. No entries in the Table of Amendments beyond the initial making are present. Practitioners relying on the instrument should therefore treat the version provided as authoritative as at 30 March 2025. Any future changes would be recorded in the Table of Amendments as required by legislative practice.

Transitional arrangements absent. The instrument does not include express transitional provisions addressing claims or processes that began under the 2015 Regulations. Because the text revokes the prior instrument outright (reg 4) and provides the new scale and forms, administrators and claimants must look to the Act and standard administrative principles for guidance on handling in‑flight matters if any disputes arise.

Overall, the amendment history is straightforward: the 2015 Regulations are revoked, the 2025 Regulations were made on 25 March 2025 and commenced on 30 March 2025, no subsequent amendments have been made, and the instrument is scheduled to sunset in ten years.

The Regulations themselves contain no judicial decisions, case law or litigation record in the text provided. The Endnotes list no litigation or referenced cases. The Table of Amendments notes there have been no amendments to the Inquiries Regulations 2025 by subsequent statutory rules or Acts, which implies a lack of reported amendment litigation or legislative challenge in the instrument’s formal history to date.

What the instrument does contain that touches on litigation is:

• The prescribed notices (Forms 1 and 5) explicitly warn that failure to comply may constitute a criminal offence under the Act (Forms 1 and 5 cite the Act’s sections on offence provisions: Form 1 cites s 46; Form 5 cites s 86). Those are references to criminal provisions in the Act; the Regulations themselves do not create new criminal offences.

• The notices also advise that the inquiry may apply to the Supreme Court of Victoria for orders compelling compliance (Forms 1 and 5 reference ss 23 and 70 of the Act). That identifies the court remedies the Act provides but is not a litigation history.

Because the Regulations are subordinate legislation that prescribes forms and monetary scales, litigation concerning these Regulations would likely occur in two contexts: disputes over the adequacy of administrative determinations (for example, denial of reimbursement) and enforcement actions under the Act (for example, prosecutions for non‑compliance with attendance notices or court applications to compel attendance). No such proceedings or reported decisions are referenced in the text provided.

Practitioners should therefore be aware that the Regulations set out administrative and procedural mechanics that are designed to be enforced under the Act through existing criminal and court mechanisms, but the Regulations’ text does not record any judicial interpretation or litigation to date.

Several practical and legal pitfalls arise directly from the Regulations’ drafting. These are concrete traps for witnesses, inquiry administrators and legal advisers to note, based on the instrument’s text.

Eligibility gaps for Formal Reviews. The Regulations define “witness” for Formal Reviews narrowly: only persons who attend at the request of the Formal Review and where the establishing instrument (a) provides that persons who attend are entitled to be paid expenses and allowances and (b) authorises the Formal Review to incur expenses and financial obligations (reg 5(b)). This means persons who attend a Formal Review by invitation or otherwise may not have any entitlement unless the establishing instrument explicitly authorises payments. Practitioners advising attendees to Formal Reviews should confirm the establishing instrument before assuming entitlement.

Capped actual loss. Reg 7 entitles witnesses to reimbursement of the “amount of income actually lost” but caps that amount per hour and per day. The right is not an unlimited indemnity for every demonstrable loss; it is a capped reimbursement. Claimants should calculate actual loss but apply the caps; administrators must verify both the quantum of loss and that the cap is not exceeded.

Expert classification. The instrument defines “expert” narrowly (reg 5) but attaches a materially higher cap for experts (reg 7(a)). The definition may be a site for disputes: witnesses may claim expert status to access a higher cap. The Regulations do not prescribe how the inquiry should determine expert status or what evidence will suffice beyond the general “satisfactory evidence” rule (reg 11). Expect inquiries to develop evidentiary thresholds or procedural guidance on expert classification.

Mutual exclusivity for unemployed witnesses. Reg 8(2) prohibits concurrent claims under reg 7 for witnesses who receive reimbursement under reg 8. That prevents double recovery but can create traps if claimants mistakenly claim under the wrong regime. Advisers should verify employment status and choose the applicable regime.

Strict timing for claims. Reg 12 bars reimbursement claims submitted after the inquiry delivers its final report. The Regulations do not define the date of delivery beyond saying that entitlement ends at that point. If an inquiry’s final report is delayed for years, a witness who misses an internal deadline could lose entitlement. There is no specific administrative appeal or statutory grace period in the Regulations; the rule is absolute as written.

Evidence standards undefined. Reg 11 allows an inquiry to request “satisfactory evidence” of various items but does not define what is satisfactory. The discretion is broad. Practitioners should assume contemporaneous records, payslips, receipts and signed declarations will be necessary, and should prepare to justify the sufficiency of the evidence in the absence of a prescribed evidentiary list.

Mileage rate may under‑compensate. The flat 18 cents per kilometre rate (reg 10(a)) is a simple mechanism but may produce under‑ or over‑compensation relative to real costs (fuel, wear and tear, insurance). The Regulations make no allowance for vehicle type, business class travel or surge conditions. For longer journeys or scarce transport contexts, claimants must rely on the chairperson’s discretion under reg 10(b) to approve “a reasonable amount” for an economical alternative, but reg 10(b) does not provide an explicit mechanism for topping up the standard cents/km rate.

Chairperson discretion is broad. Under reg 10(b) the chairperson must have regard to several listed factors and “any other matter the chairperson considers relevant.” That open‑ended residual discretion may lead to inconsistent outcomes between inquiries and within the same inquiry over time.

Meal and part‑day time windows. Part‑day meal entitlements are strictly time‑bound (reg 9(2): breakfast 7:00-9:30 am, lunch midday-3:00 pm, dinner 6:00-8:00 pm). Claims outside these windows fail; for example, an early morning meeting at 6:30 am or a late dinner at 8:30 pm would not meet the part‑day criteria. Overnight rates (Tables A and B) apply for absences including overnight stays, but practical questions can arise on hybrid travel days.

Different rates by location. Meal rates differ for Melbourne (Table A) and other locations (Table B). The Regulations do not define the geographic boundary of “Melbourne”. The assumption is that the inquiry’s administrators will treat centralised metropolitan areas as Melbourne, but disputes may arise for fringe suburbs or regional centres commonly regarded as part of greater Melbourne. The instrument’s silence on a defined boundary is a potential administrative headache.

Accommodation cap. Alternative accommodation is capped at $150 per night (reg 9(3)). For high‑cost localities or unavoidable hotel surges, witnesses may be unable to secure accommodation at that price. The cap applies per night regardless of the reason for higher costs.

Search warrant duration and conditions. Form 3 states the warrant ceases to have effect on a date not later than 28 days after issue. The form also allows for conditions to be inserted. Practitioners should ensure warrants are tightly drafted with clear time and condition clauses; open or incorrect entries may raise compliance or legality issues.

Form content obligations. The prescribed forms include mandatory content fields and procedural notes (for example, Form 1’s requirement to state where and when and the method for attendance and the provision for audio links). Failure by an inquiry to include required detail might provide a ground for objection or a procedural challenge, while overly vague forms could impair enforceability.

Objection procedure. The forms require written objections identifying reasons and a contact by a specified date. The onus is on the recipient to act promptly. Failure to object in the prescribed manner may waive some procedural defences.

Revocation without transitional detail. The revocation of the 2015 Regulations (reg 4) and the absence of transitional arrangements could cause disputes where claims straddle regimes, or where prior guidance under the 2015 instrument differs materially from the 2025 scales.

Sunset creates planning risk. The ten‑year sunset may prompt administrative planning but could produce uncertainty for ongoing or long‑running inquiries that begin late in the period.

In short, the Regulations create clear entitlements and forms but also embed numerous discrete points where administrative discretion, timing, definitional uncertainty and caps can produce unfavourable outcomes for claimants or inconsistent administration. Advisers should address these “gotchas” proactively by documenting losses contemporaneously, confirming eligibility early, making claims promptly and seeking written administrative rulings on contested points such as expert status.

Compliance requires actions by both witnesses (or their advisers) and inquiry administrators. The Regulations set out precise procedures and evidence expectations; following the steps below will help secure entitlements and reduce dispute risk.

For witnesses and advisers

1. Confirm eligibility early. Check the kind of inquiry and whether the establishing instrument authorises expenses for Formal Reviews (reg 5(b)). If attending a Formal Review, secure written confirmation from the establishing authority that payments are authorised.

2. Establish expert status documentation if claiming expert caps. If claiming the expert rate under reg 7(a), compile CVs, qualifications, relevant publications, engagement letters or contracts and other evidence of specialised knowledge based on training, study or experience (reg 5 definition). Consider seeking an administrative determination from the inquiry about expert status where feasible.

3. Keep contemporaneous evidence of income loss. Because reimbursement is for “the amount of income actually lost” (reg 7) and reg 11 permits the inquiry to request satisfactory evidence of lost income, maintain payslips, employer statements, timesheets, contracts showing billable rates, invoices, or statutory declarations explaining lost earnings.

4. Record and retain receipts for out‑of‑pocket expenses. For meals, accommodation and other costs, secure receipts that match the date, place and description of the expense. For alternative caring arrangements (reg 8(1)(a)), keep invoices, provider communications and proof of payment. For accommodation, retain booking confirmations and receipts to justify claims up to the $150 cap (reg 9(3)).

5. Calculate travel claims precisely. If using a private vehicle, calculate kilometres and apply 18 cents per kilometre (reg 10(a)). Maintain a contemporaneous mileage log showing start/end addresses and odometer readings. If seeking reimbursement for other transport, collect tickets, invoices and explanations for why the transport used was “economical”.

6. Submit claims before the inquiry’s final report. Reg 12 precludes claims submitted after the inquiry delivers its final report, so file claims early and follow up to ensure administrative receipt and processing.

7. Object in writing where appropriate. If served with a notice to attend or produce, and you intend to rely on privilege or other reasonable excuse listed in the form (self‑incrimination, parliamentary privilege, public interest immunity, legal professional privilege etc.), file a written objection by the date and to the contact specified on the notice (Forms 1 and 5). Provide particulars and supporting material to maximise the chance the inquiry will vary or revoke the notice.

8. Where attendance is to be by audio or audio‑visual link, ensure the notice identifies the platform and method. The form templates require inclusion of details for audio links (Form 1 and Form 5); confirm connectivity, time zones and any technical protocols in writing.

For inquiry administrators and chairs

1. Use the exact prescribed forms. For notices, custody directions, search warrants and receipts use Forms 1-6 and Form 4 respectively as prescribed by regs 13-18 and Schedule 1. Ensure all mandatory fields and advisory material are included to avoid procedural invalidity.

2. Develop clear evidence standards. Interpret reg 11 practically by issuing guidance to witnesses on what constitutes “satisfactory evidence” for income lost, caring costs, meals, accommodation and transport. That reduces inconsistent decisions and disputes.

3. Set an internal claims policy with deadlines well before the final report date. Since reg 12 makes the final report delivery a cut‑off, specify earlier internal filing dates and communicate them to witnesses to avoid forfeiture of claims.

4. Apply the caps strictly but transparently. Use the prescribed hourly and daily caps in reg 7 and the monetary tables in reg 9. For disputed expert claims, require documentary proof of expertise. Maintain templates for decision letters explaining acceptance, partial acceptance or refusal.

5. Exercise reg 10(b) discretion with documented reasons. Where reimbursing non‑vehicular transport, document how the chairperson considered the listed factors (distance, time, income lost) and any other relevant matters. That will assist in defending decisions and provide consistency.

6. Manage custodial directions and search warrants carefully. Ensure that directions under Forms 2 and 6 accompany the required notice (Notes in those forms) and that search warrants (Form 3) are properly authorised by a magistrate and include an expiry date no later than 28 days after issue.

7. Keep precise records of seized items. Use Form 4 to provide receipts and retain copies. The receipt’s itemised table supports chain‑of‑custody and any later judicial review.

8. Communicate meal and accommodation entitlements in advance. When issuing notices requiring attendance, specify whether attendance will require overnight absence and include the applicable meal and accommodation entitlements (Tables A-C and reg 9). For part‑day claims, advise the time windows in advance.

9. Provide transparent objection handling. Develop a written procedure for receiving and assessing written objections to notices (Forms 1 and 5). Record decisions on variation or revocation and the reasons for those decisions.

10. Anticipate edge cases. For matters such as defining “Melbourne” in reg 9 or dealing with exceptional accommodation costs above $150, create a discretionary approval process with approval thresholds, documented reasons and escalation paths to the chairperson or governing body.

For custodial and enforcement authorities

1. Respond promptly to custody directions. Forms 2 and 6 direct custodial officers to bring detained persons to the inquiry and return them. Ensure operational plans, transport, security arrangements and health checks are coordinated in advance.

2. Ensure lawful execution of search warrants. Only execute warrants authorised by a magistrate on Form 3 and comply with any stated conditions and the maximum duration.

3. Provide receipts and maintain custody logs. Use Form 4 to record the seizure, maintain copies for the custodian and the person from whom items were collected, and update internal evidence management systems.

Overall compliance requires contemporaneous record‑keeping, early confirmation of eligibility, proactive submission of claims, and administrative systems for consistent application of the prescribed scales and forms. The Regulations give clear monetary and procedural rules but also leave operational discretion in critical places; documenting decisions and following the prescribed templates will reduce disputes and support defensible outcomes.