13 Notice to attend or produce in relation to a Royal Commission 7
14 Direction about a witness already held in custody in relation to a Royal Commission 7
15 Search warrant 7
16 Receipt for documents or things seized 7
17 Notice to attend or produce in relation to a Board of Inquiry 7
18 Direction about a witness already held in custody in relation to a Board of Inquiry 7
Schedule 1—Forms 8
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Endnotes 17
1 General information 17
2 Table of Amendments 19
3 Explanatory details 20
Version No.001
Inquiries Regulations 2025
S.R. No. 14/2025
Version as at
30 March 2025
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to prescribe the scale of expenses and allowances for the purposes of reimbursing witnesses attending an inquiry of a Royal Commission, Board of Inquiry or Formal Review under the Inquiries Act 2014; and
(b) to prescribe forms relating to attendance of witnesses and the execution of search warrants under the Inquiries Act 2014.
2 Authorising provision
These Regulations are made under section 133 of the Inquiries Act 2014.
3 Commencement
These Regulations come into operation on 30 March 2025.
expert means a person who has specialised knowledge based on the person's training, study or experience;
inquiry means a Royal Commission, Board of Inquiry or Formal Review established under the Act;
the Act means the Inquiries Act 2014;
witness means—
(a) in relation to a Royal Commission or a Board of Inquiry, a person who attends the Royal Commission or Board of Inquiry—
(i) in accordance with a notice to attend; or
(ii) at the request of the Royal Commission or Board of Inquiry; or
(b) in relation to a Formal Review, a person who attends the Formal Review at the request of the Formal Review if the establishing instrument for the Formal Review—
(i) provides that persons who attend the Formal Review are entitled to be paid expenses and allowances; and
(ii) authorises the Formal Review to incur expenses and financial obligations.
Part 2—Assistance to witnesses
6 Prescribed scale of expenses and allowances
For the purposes of sections 42(2), 82(2) and 114(2) of the Act, the prescribed scale is the expenses and allowances set out in these Regulations.
7 Loss of income allowance
A witness who loses income because of attending an inquiry is entitled to reimbursement of the amount of income actually lost in attending the inquiry as follows—
(a) in the case of a witness giving evidence or information in an expert capacity—up to $300 per hour, but not exceeding $1500 per day;
(b) in any other case—up to $100 per hour, but not exceeding $600 per day.
8 Other allowances
(1) A witness who is not engaged in employment or business and who incurs expenses because of attending an inquiry is entitled to reimbursement of the following—
(a) if the witness has caring responsibilities, any reasonably incurred expenses for alternative caring arrangements;
(b) any other expenses (excluding the costs of any travel, meals or accommodation) up to a maximum of $50 per day.
(2) A witness who receives reimbursement under this regulation is not entitled to reimbursement under regulation 7.
9 Meals and accommodation allowance
(1) A witness who is necessarily absent from home because of attending an inquiry is entitled to the following allowances—
(a) if the witness is absent from home overnight at an inquiry in Melbourne, the amount set out in Column 3 of Table A that corresponds to the description of the meal set out in Column 2;
Table A
Column 1<br>Item
Column 2<br>Meal
Column 3<br>Amount
1
Breakfast
$17.70
2
Lunch
$19.75
3
Dinner
$34.05
(b) if the witness is absent from home overnight at an inquiry in any location other than Melbourne, the amount set out in Column 3 of Table B that corresponds to the description of the meal set out in Column 2;
Table B
Column 1<br>Item
Column 2<br>Meal
Column 3<br>Amount
1
Breakfast
$15.75
2
Lunch
$18.05
3
Dinner
$31.15
(c) subject to subregulation (2), if the witness is absent from home for a part of a day only, departing and returning the same day, the amount set out in Column 3 of Table C that corresponds to the description of the meal set out in Column 2.
Table C
Column 1<br>Item
Column 2<br>Meal
Column 3<br>Amount
1
Breakfast
$12.40
2
Lunch
$12.40
3
Dinner
$16.50
(2) A witness is only entitled to an allowance under subregulation (1)(c)—
(a) for breakfast, if the witness is absent from home because of attending an inquiry between 7 a.m. and 9.30 a.m.; and
(b) for lunch, if the witness is absent from home because of attending an inquiry between midday and 3 p.m.; and
(c) for dinner, if the witness is absent from home because of attending an inquiry between 6 p.m. and 8 p.m.
(3) A witness who is necessarily absent from home overnight because of the witness's attendance at an inquiry is entitled to reimbursement of the expenses reasonably incurred of alternative accommodation, up to a maximum of $150 for each night of the witness's absence.
10 Travelling expenses
A witness is entitled to reimbursement of the expenses incurred in travelling to and from an inquiry as follows—
(a) if the witness uses the witness's own vehicle, 18 cents for each kilometre travelled to or from the inquiry;
(b) in any other case, a reasonable amount equal to the cost of an economical form of transport, having regard to—
(i) the distance required to be travelled; and
(ii) the time spent travelling; and
(iii) whether any income was lost when travelling; and
(iv) any other matter the chairperson considers relevant.
11 Evidence of expenses
An inquiry may request that a witness claiming reimbursement or an allowance produce satisfactory evidence of the following, as the case may be—
(a) the amount of income lost because of attending an inquiry;
(b) the amount of alternative caring arrangements, meals, accommodation or other costs incurred because of attending an inquiry;
(c) the witness's absence from home because of attending an inquiry;
(d) the cost of an economical form of transport to an inquiry.
12 Deadline for claiming expenses
A witness claiming expenses or an allowance under these Regulations is only entitled to reimbursement if the witness submits a claim to the inquiry prior to the inquiry delivering its final report.
Part 3—Prescribed forms
13 Notice to attend or produce in relation to a Royal Commission
For the purposes of section 17(2) of the Act, the prescribed form of a notice to attend and a notice to produce in relation to a Royal Commission is Form 1 in Schedule 1.
14 Direction about a witness already held in custody in relation to a Royal Commission
For the purposes of section 20(2) of the Act, the prescribed form of a direction under section 20(1) of the Act as to a witness already held in custody is Form 2 in Schedule 1.
15 Search warrant
For the purposes of section 28(4) of the Act, the prescribed form of a search warrant is Form 3 in Schedule 1.
16 Receipt for documents or things seized
For the purposes of section 30(3) of the Act, the prescribed form of a receipt under section 30(2) of the Act is Form 4 in Schedule 1.
17 Notice to attend or produce in relation to a Board of Inquiry
For the purposes of section 64(2) of the Act, the prescribed form of a notice to attend and a notice to produce in relation to a Board of Inquiry is Form 5 in Schedule 1.
18 Direction about a witness already held in custody in relation to a Board of Inquiry
For the purposes of section 67(2) of the Act, the prescribed form of a direction under section 67(1) of the Act is Form 6 in Schedule 1.
Schedule 1—Forms
Form 1
NOTICE TO ATTEND AND/OR NOTICE TO PRODUCE DOCUMENTS ETC. TO A ROYAL COMMISSION
Regulation 13
TO: [insert name of person to whom notice is directed]
AT: [insert person's address]
A Royal Commission is being held into [insert details of the inquiry].
What you must do
You must*—
🗆 produce the document/s or other thing/s specified below; or
🗆 attend the Royal Commission and produce the document/s or other thing/s specified below; or
🗆 attend the Royal Commission to give evidence until excused; or
🗆 attend the Royal Commission to give evidence until excused and produce the document/s or other thing/s specified below.
*Select only one of the four options.
**Where you must attend and/or produce documents and/or things
[insert details of where and when (including the date and time) a person must attend and/or insert details of where, when and how a person must produce the documents and/or things. If evidence is to be given by audio link or audio visual link, include details of the platform or method to be used (including a link to the platform, if required).]
*Delete if not applicable.
Note:
You should bring a physical or electronic copy of this notice with you when attending the Royal Commission.
Objecting to this notice
You may object to this notice if you have (or will have) a reasonable excuse for failing to comply with the notice. For example, it is a reasonable excuse to fail to comply with the notice by refusing to give information to the Royal Commission if:
• giving the information might incriminate you or make you liable to a penalty; or
• the information is the subject of parliamentary privilege; or
• the information is the subject of public interest immunity; or
• disclosing the information is prohibited by a court order; or
• a provision of an Act specifically prohibits the disclosure of the information or the provision of documents or things to a Royal Commission.
See section 18 of the Inquiries Act 2014 (the Act) for further examples of what constitutes a reasonable excuse.
You may also object to the notice by claiming that the document/s or thing/s specified in the notice are not relevant to the subject matter of the inquiry.
If you wish to object to this notice, you must do so in writing to [insert name and contact details] by [insert date]. Your written objection must outline your reasons for objecting. If the Royal Commission is satisfied that your claim is made out, the Royal Commission may vary or revoke this notice.
Failure to comply with this notice without a reasonable excuse may constitute a criminal offence. The maximum penalty for this offence is 240 penalty units or imprisonment for 2 years. See section 46 of the Act.
Failure to comply with this notice without a reasonable excuse may also result in the Royal Commission making an application to the Supreme Court of Victoria. The Court may then order you to comply with the notice within a specified period. See section 23 of the Act.
Name: [insert name of person issuing this notice]
Title: [insert title of person issuing notice]
Date: [insert date notice is issued]
[insert description of document/s or thing/s]
Form 2
DIRECTION FOR A WITNESS ALREADY IN CUSTODY TO BE BROUGHT BEFORE A ROYAL COMMISSION
Regulation 14
TO: [insert name and title of person in charge of the place where witness is held in custody e.g. the Secretary to the Department of Justice and Community Safety or the Chief Commissioner of Police]
AT: [insert name and address of place where person is held in custody]
In accordance with section 20 of the Inquiries Act 2014 (the Act), I direct that [name of person held in custody] who is detained at [insert name of place where person is held in custody] be brought before the [insert name of Royal Commission]
AT: [insert address to which person held in custody is to be brought]
ON: [insert date on which person held in custody is to be brought] and from day to day until excused from further attendance
AT: [insert time when person held in custody is to be brought]
for the purpose of [insert purpose(s) of attendance e.g. to produce documents or other things and/or to give evidence in relation to an inquiry by a Royal Commission]
and the witness is to be returned to the place from which they were removed each day by the direction of the Royal Commission.
Name: [insert name of person giving direction]
Title: [insert title of person giving direction]
Date: [insert date the direction is made]
Note:
In accordance with section 17 of the Act a direction for a witness to be brought before a Royal Commission must be accompanied by a notice as set out in Form 1 of these Regulations.
Form 3
SEARCH WARRANT
Regulation 15
Court Ref:
[name and/or description of person, or document or thing]
The place, vehicle, vessel or aircraft that is authorised to be searched is:
[number and name of street and suburb of place to be searched]
[identifying details of vehicle/vessel/aircraft]
Purpose for search: [insert information on purpose for search]
This search warrant authorises—
[name, rank/title, agency and address]
all police officers
to enter and search the—
specified premises
specified vehicle located in a public place named or described in this warrant
specified vessel located in a public place named or described in this warrant
specified aircraft located in a public place named or described in this warrant
• to inspect any document or thing; and
• to make a copy of any document relevant to the inquiry; and
• to take possession of any document or other thing relevant to the inquiry.
*This search warrant is subject to the following conditions:
[insert details of conditions]
Entry is authorised under this search warrant *at any time/*between [insert times between which entry is authorised].
This search warrant ceases to have effect on [insert day, not later than 28 days after the issue of the search warrant].
This search warrant is authorised under section 28 of the Inquiries Act 2014.
Issued at *a.m./*p.m. on by , Magistrate.
[signature of Magistrate]
*Delete if not applicable.
Form 4
Receipt for Seized Documents and Things
Regulation 16
Address: [insert address of premises, vehicle, vessel or aircraft]
Name(s) and title(s) of authorised person(s) conducting the search: [insert name/s and titles]
Date: [insert date]
Item No.
Time seized
Description of item
Location of item when seized
Authorised person's initials
Collected from: [insert name of person from whom documents and things were collected]
By: [signature]
[name]
[title]
Form 5
NOTICE TO ATTEND AND/OR NOTICE TO PRODUCE DOCUMENTS ETC. TO A BOARD OF INQUIRY
Regulation 17
TO: [insert name of person to whom notice is directed]
AT: [insert address]
A Board of Inquiry is being held into [insert details of the inquiry].
What you must do
You must*—
🗆 produce the document/s or other thing/s specified below; or
🗆 attend the Board of Inquiry and produce the document/s or other thing/s specified below; or
🗆 attend the Board of Inquiry to give evidence until excused; or
🗆 attend the Board of Inquiry to give evidence until excused and produce the document/s or other thing/s specified below.
*Select only one of the four options.
**Where you must attend and/or produce documents and/or things
[insert details of where and when (including the date and time) a person must attend and/or insert details of where, when and how a person must produce the documents and/or things. If evidence is to be given by audio link or audio visual link, include details of the platform or method to be used (including a link to the platform, if required).]
*Delete if not applicable.
Note:
You should bring a physical or electronic copy of this notice with you when attending the Board of Inquiry.
Objecting to this notice
You may object to this notice if you have (or will have) a reasonable excuse for failing to comply with the notice. For example, it is a reasonable excuse to fail to comply with the notice by refusing to give information to a Board of Inquiry if:
• giving the information might incriminate you or make you liable to a penalty; or
• the information is the subject of parliamentary privilege; or
• the information is the subject of legal professional privilege; or
• the information is the subject of public interest immunity; or
• disclosing the information is prohibited by a court order; or
• a provision of an Act specifically prohibits the disclosure of the information or the provision of documents or things to a Board of Inquiry.
See section 65 of the Inquiries Act 2014 (the Act) for further examples of what constitutes a reasonable excuse.
You may also object to the notice by claiming that the document/s or thing/s specified in the notice are not relevant to the subject matter of the inquiry.
If you wish to object to this notice, you must do so in writing to [insert name and contact details] by [insert date]. Your written objection must outline your reasons for objecting. If the Board of Inquiry is satisfied that your claim is made out, the Board of Inquiry may vary or revoke this notice.
Failure to comply with this notice without a reasonable excuse may constitute a criminal offence. The maximum penalty for this offence is 240 penalty units or imprisonment for 2 years. See section 86 of the Act.
Failure to comply with this notice without a reasonable excuse may also result in the Board of Inquiry making an application to the Supreme Court of Victoria. The Court may then order you to comply with the notice within a specified period.See section 70 of the Act.
Name: [insert name of person issuing this notice]
Title: [insert title of person issuing notice]
Date: [insert date notice is issued]
[insert description of document/s or thing/s]
Form 6
DIRECTION FOR A WITNESS ALREADY IN CUSTODY TO BE BROUGHT BEFORE A BOARD OF INQUIRY
Regulation 18
TO: [insert name and title of person in charge of the place where witness is held in custody e.g. the Secretary to the Department of Justice and Community Safety or the Chief Commissioner of Police]
AT: [insert name and address of place where person is held in custody]
In accordance with section 67 of the Inquiries Act 2014 (the Act), I direct that [name of person held in custody] who is detained at [insert name of place where person is held in custody] be brought before the [insert name of Board of Inquiry]
AT: [insert address to which person held in custody is to be brought]
ON: [insert date on which person held in custody is to be brought] and from day to day until excused from further attendance
AT: [insert time when person held in custody is to be brought]
for the purpose of [insert purpose(s) of attendance e.g. to produce documents or other things and/or to give evidence in relation to an inquiry by a Board of Inquiry]
and the witness is to be returned to the place from which they were removed each day by the direction of the Board of Inquiry.
Name: [insert name of person giving direction]
Title: [insert title of person giving direction]
Date: [insert date the direction is made]
Note:
In accordance with section 64 of the Act a direction for a witness to be brought before a Board of Inquiry must be accompanied by a notice as set out in Form 5 of these Regulations.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Inquiries Regulations 2025, S.R. No. 14/2025 were made on 25 March 2025 by the Governor in Council under section 133 of the Inquiries Act 2014, No. 67/2014 and came into operation on 30 March 2025: regulation 3.
The Inquiries Regulations 2025 will sunset 10 years after the day of making on 25 March 2035 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Inquiries Regulations 2025 by statutory rules, subordinate instruments and Acts.