Integrity Oversight Victoria Regulations 2023

The Regulations operate through a small set of recurring regulatory concepts. These are: prescribed procedural safeguards for witnesses; a fixed schedule of witness compensation and reimbursement; prescribed content for inter-agency reporting about coercive questioning; forms and formalities for key investigative instruments; and specified external providers and bodies that may be engaged in support or information exchange.

Prescribed procedural safeguards. The Regulations identify concrete, limited steps Integrity Oversight Victoria must take before subjecting a person to questioning or production requirements at an examination. Reg 9 requires that, where an interpreter is used, the interpreter be administered an oath or affirmation in the terms of the Evidence Act 2008 s 22(2). Reg 9 also requires that if the witness is accompanied by a parent, guardian or independent person, Integrity Oversight Victoria inform that companion of the witness’ rights and obligations as set out in s 54(4) of the Act. The purpose-claim in reg 1 frames these as “additional actions” necessary prior to questioning.

Witness compensation and reimbursement. Part 3 Div 2 sets the schedule and caps for payments to witnesses attending examinations. Expertise is treated separately: expert witnesses can claim actual income loss up to $300 per hour, capped at $1500 per day (reg 11). Other witnesses engaged in income-producing work may claim actual income loss up to $100 per hour, capped at $600 per day (reg 12(2)). Non-income-earning witnesses receive reimbursement for necessary expenditure up to $50 per day (reg 12(3)). Childcare expenses are explicitly reimbursable (reg 12(4)). Meal and accommodation allowances are precisely listed (reg 13), with different rates depending on whether travel occurs to a capital city or elsewhere, and strict time windows for entitlement to breakfast, lunch and dinner allowances (reg 13(2)). Travelling expenses must reflect the most economical transport having regard to distance, time, income loss and “any other matter” Integrity Oversight Victoria considers relevant (reg 14(1)), with a specified private vehicle allowance of 18 cents per kilometre (reg 14(2)). Payment approval requires evidence proof to Integrity Oversight Victoria’s satisfaction (reg 15).

Reporting on coercive questioning. The Regulations set out uniform data items that specified agencies must include in their statutorily required reports about coercive questioning. Regs 16-20 tailor the list to each entity, but common items include duration of attendance, age issues and whether a person was under 16 and released, presence of parents/guardians/independent persons, mental‑impairment concerns, legal representation (and whether opportunities to seek legal advice were provided), and interpreter arrangements. IBAC’s list (reg 16) is more extensive, requiring detail about privilege or secrecy claims, any certificate of charge and arrest warrant activity, detention length and place, and subsequent Supreme Court outcomes to the extent known.

Forms as legal instruments. Part 5 prescribes the form and content of key instruments: confidentiality notices (reg 21, Form 1), witness summonses (reg 22, Form 2), direction about witnesses held in custody (reg 23, Form 3), arrest warrants (reg 24, Form 4), and statements about the right to apply for discharge from custody (reg 25, Form 5). These forms incorporate cross‑references to other Acts, set distribution duties, identify default expiry rules for confidentiality notices (Form 1), and detail the steps to be taken following arrest (Form 4 and Form 5).

Prescribed external bodies and services. Reg 6 designates the Victorian Equal Opportunity and Human Rights Commission as a prescribed body for the purposes of s 36A(3)(i) of the Act. Reg 7 prescribes five named organisations as approved crisis support, suicide prevention and mental health support services for the purposes of sections 39(2)(f)(iii) and 97AA(4)(i) of the Act. These listed organisations are Beyond Blue Ltd, Headspace National Youth Mental Health Foundation Ltd, Lifeline Australia, On the Line Australia Ltd (when trading as SuicideLine or Suicide Call Back Service), and SANE Australia (reg 7).

Connections to other statutes. The Regulations operate with express cross‑references to the Evidence Act 2008 (reg 9(a)), the Public Interest Disclosures Act 2012 (Form 1), the Independent Broad‑based Anti‑corruption Commission Act 2011 (reg 16(g) and Form 4), the Bail Act 1977 (Form 5), the Sentencing Act 1991 and the Monetary Units Act 2004 for penalty computation (Endnotes), and the Integrity Oversight Victoria Act 2011 itself for authorising powers and specified procedural sections (regs 2 and 5).

Risk allocation and decision-making. The Regulations place discretion and approval authority with Integrity Oversight Victoria in multiple respects: approval of payments requires Integrity Oversight Victoria’s satisfaction as to evidence (reg 15); the decision whether to pay the cost of the most economical transport is subject to “any other matter Integrity Oversight Victoria considers relevant” (reg 14(1)(d)); and Form 1 allows Integrity Oversight Victoria to direct whether particular permitted disclosures may nevertheless be excluded. These are specific mechanisms that allocate practical decision rights to the oversight body.

The Regulations affect a defined set of actors through procedural impositions, payment schemes and reporting duties. The principal affected parties are: witnesses called to examinations conducted under the Act; persons issued with confidentiality notices; Integrity Oversight Victoria as administrator; the enumerated investigating entities required to report on coercive questioning (IBAC, the Auditor‑General, the Ombudsman, the Office of the Victorian Information Commissioner and Wage Inspectorate Victoria); the prescribed external support services and the Victorian Equal Opportunity and Human Rights Commission; and, indirectly, Victoria Police and the Supreme Court where arrest warrants or court orders are implicated.

Witnesses and recipients of confidentiality notices. Witnesses attending examinations are directly affected by the payment, reimbursement and entitlement rules in Part 3. Those rules determine who is eligible for payment, the maximum amounts, what evidence is required to support claims (reg 15), and which persons are excluded from payment (reg 10(2) excludes persons under investigation by Integrity Oversight Victoria or, for a body corporate, its representative, and excludes a prisoner of the Crown). Recipients of confidentiality notices under Form 1 are subject to strict disclosure constraints and distribution duties when they make permitted disclosures, and face stated penalties for unauthorised disclosure, including imprisonment up to 12 months or a fine up to 120 penalty units as set out in Form 1.

Integrity Oversight Victoria. The agency administering the Act is the decision-maker and implementer under many provisions. Integrity Oversight Victoria determines whether evidence of expenses is satisfactory (reg 15); issues and approves confidentiality notices (reg 21 and Form 1); prepares the forms used for summonses and warrants (Pt 5 and Sch 1); and must take the additional actions listed in reg 9 before questioning a witness. The Regulations explicitly authorise Integrity Oversight Victoria to consider “any other matter” when determining the most economical transport form or other practicalities (reg 14(1)(d)).

Investigating entities with reporting duties. Five entities must include prescribed items in reports to Integrity Oversight Victoria regarding coercive questioning. IBAC has the broadest set of required items (reg 16), including privilege claims and arrest warrant data. The Auditor‑General (reg 17), Ombudsman (reg 18), Information Commissioner (reg 19) and Wage Inspectorate Victoria (reg 20) must each include duration, age-related safeguards, mental impairment and representation/interpreter arrangements. These obligations impose data-collection and reporting burdens on operational staff within those entities, and require them to monitor and record particular interactions and outcomes during coercive questioning events.

Prescribed support services. The named mental health and crisis support organisations in reg 7 are formally designated as prescribed services for the purposes of the Act’s relevant sections. That status affects how Integrity Oversight Victoria and recipients of confidentiality notices may route support referrals, including those permitted as authorised recipients in Form 1 for seeking advice or support.

Victoria Police and courts. Form 4 authorises members of the police force to execute arrest warrants issued under s 73 of the Act and to detain and bring a person before the Supreme Court. Form 5 sets out the arrested person’s right to apply to a bail justice for discharge pursuant to s 74 and the Bail Act 1977. The Regulations therefore engage police re detention and transport, and the Supreme Court with contempt or privilege matters where the Act or IBAC processes trigger court action (reg 16(f)(iv) contemplates applications to the Supreme Court).

Employers and unions. Form 1 lists employers, managers, registered health practitioners, employee assistance programs, trade unions (where the recipient is a member), the Victorian WorkCover Authority and the Fair Work Commission as specific recipients to whom a restricted matter may be disclosed when permitted. That creates discrete pathways and duties for employers and unions when contacted by a recipient of a confidentiality notice.

Legal practitioners. The confidentiality form permits disclosure to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the notice, unless Integrity Oversight Victoria has restricted that representation. The form also recognises the special obligations of legal practitioners to comply with legal duties of disclosure or professional obligations when acting for a client.

Indirectly affected members of the public. Entities compiling reports must record whether a person was under 16 and whether parents or independent persons were present, and must track detention length and place if an arrest warrant is executed (reg 16(g)(iii)). Those data-collection requirements potentially affect privacy and record-keeping practices, and may involve the creation of records that are then disclosed via statutory reporting mechanisms.

Excluded persons and practical limits. Reg 10(2) explicitly prevents payment under the witness allowances Division to two categories: a person whose conduct is being investigated by Integrity Oversight Victoria (or, for a body corporate, its representative) and a prisoner of the Crown. That allocation materially changes the financial position of such categories relative to other witnesses and creates a clear exclusion that institutions and advisers must observe.

Geographic and jurisdictional reach. The Regulations are made under Victorian law and reference Victorian statutory schemes and institutions. The travel allowances distinguish capital-city and other locations for meal rates (reg 13(1)(a)). Where functions involve other entities such as the Fair Work Commission or Victoria Police, federal or state jurisdictions intersect by operation of those other Acts, as the forms and cross-references indicate.

This section explains who must do what, and what entitlements exist, with precise reference to the Regulations’ provisions.

Duties imposed on Integrity Oversight Victoria. Integrity Oversight Victoria has a range of positive obligations and discretionary authorities under the Regulations. It must take the additional prescribed actions before questioning or requiring production at examinations set out in reg 9, including administering an oath or affirmation to interpreters in accordance with Evidence Act 2008 s 22(2) (reg 9(a)) and informing a parent, guardian or independent person of the witness’ rights and obligations (reg 9(b)). Integrity Oversight Victoria must approve payments to witnesses and may not approve payment unless the witness produces evidence to its satisfaction in the categories enumerated in reg 15. The agency also prescribes and issues confidentiality notices in the form set out in Form 1 (reg 21), serves witness summonses in Form 2 (reg 22), issues directions for persons in custody in Form 3 (reg 23), and issues arrest warrants in Form 4 (reg 24).

Duties on other investigating entities. The IBAC, Auditor-General, Ombudsman, Office of the Victorian Information Commissioner and Wage Inspectorate Victoria are required to include specified additional matters in their statutory written reports on coercive questioning. For example, reg 16 requires IBAC to report on duration of attendance, age‑related safeguards and outcomes of privilege claims, including whether an arrest warrant under the IBAC Act was executed and related detention details. The Auditor‑General, Ombudsman, Information Commissioner and Wage Inspectorate must report similar items adapted to their contexts (regs 17-20). These are reporting duties, imposed as “other prescribed matters” the agencies may be required to include under the Act.

Duties on witnesses and recipients of confidentiality notices. A person who receives a confidentiality notice is subject to the prohibitions and obligations set out in Form 1. The recipient must not disclose a restricted matter except as authorised by the list of permitted recipients or circumstances. When making a permitted disclosure, the recipient must give the person receiving the disclosure a copy of the confidentiality notice and any order extending it, unless the disclosing person has a reasonable excuse (Form 1). The confidentiality notice prescribes the circumstances in which a recipient is “always” permitted to disclose, such as to Victoria Police where Integrity Oversight Victoria has disclosed information to the Chief Commissioner and the restricted matter is relevant to a police investigation, or where the disclosure is authorised by the Integrity Oversight Victoria Act 2011 itself (Form 1).

Rights to payments and specific entitlements. Witnesses have defined rights to reimbursement: expert witnesses are entitled to reimbursement of income actually lost up to $300 per hour, capped at $1500 per day (reg 11); other income-earning witnesses have an entitlement up to $100 per hour and $600 per day (reg 12(2)); non-income-producing witnesses may claim actual necessary expenditure up to $50 per day (reg 12(3)); childcare expenses incurred because of attendance must be reimbursed (reg 12(4)). Meal and accommodation entitlements are set out in reg 13, and a private vehicle allowance of 18 cents per kilometre is provided where the witness uses their own vehicle (reg 14(2)). Travelling expenses otherwise are assessed according to the cost of the most economical form of transport having regard to distance, time, income loss and other relevant matters (reg 14(1)).

Immediate procedural rights. Reg 8 sets out what counts as proof of age for persons under 16 years, listing an Australian birth certificate or certified extract, an Australian passport, a passport issued by another country, and any other document or evidence that satisfies Integrity Oversight Victoria (reg 8(a)-(d)). Reg 9(b) requires that, if a witness is accompanied by a parent, guardian or independent person, Integrity Oversight Victoria must inform that person of the witness’ rights and obligations as specified in s 54(4) of the Act. Form 5 informs arrested persons of their right to apply to a bail justice for discharge from custody and sets out the procedures the person in charge must follow (Form 5).

Limits and exclusions on rights. Reg 10(2) limits the right to receive amounts under the witness allowances Division: payments must not be made to a person whose conduct is being investigated by Integrity Oversight Victoria or, in the case of a body corporate, its representative, and must not be paid to a prisoner of the Crown. Form 1 permits Integrity Oversight Victoria to restrict representation by or advice from a specified legal practitioner in particular cases, subject to the Act’s powers. Meal entitlements under reg 13(2) are strictly time-limited to particular windows; absentness outside those windows may reduce entitlements.

Evidence and procedural preconditions. Payments are conditional upon production of evidence to Integrity Oversight Victoria’s satisfaction. Reg 15 specifies the evidentiary categories required for various types of claims: proof of lost income for reg 11 or reg 12(2); proof of expenditure for reg 12(3), 12(4) or 13(3); proof of absence from home for reg 13(1); proof of cost of the most economical transport for reg 14. Integrity Oversight Victoria must therefore verify and record such evidence before payment approval.

Enforcement and remedial rights. The forms indicate enforcement mechanisms and avenues for judicial determination. Reg 16(f)(iv) contemplates IBAC applying or intending to apply to the Supreme Court to have claims of privilege or secrecy determined. Form 4 authorises police to arrest and bring a person before the Supreme Court under s 73 of the Act. Form 5 sets out the right to apply for discharge to a bail justice under s 74 and the Bail Act 1977. Confidentiality notices can be extended only by the Supreme Court where an extension is ordered, otherwise they expire on the earliest of specified events including five years after the first confidentiality notice about the investigation (Form 1).

Penalty notices. Form 1 sets out a maximum criminal penalty for unauthorised disclosure by a notice recipient, naming imprisonment up to 12 months or a fine of up to 120 penalty units or both. The Endnotes explain calculation of penalty units under the Monetary Units Act 2004 and the Sentencing Act 1991 as relevant to converting that fine into a dollar amount for a given financial year.

The Regulations incorporate both specific criminal penalties and administrative enforcement mechanisms, and they interact with police and court processes for contempt and custody.

Criminal penalties for confidentiality breaches. Form 1 (Confidentiality Notice) contains explicit penalty language. It warns that “failure to comply with this confidentiality notice may be an offence” and states penalties including “imprisonment may apply.” The form then specifies that unauthorised disclosure can attract a maximum penalty of up to 12 months in prison or a fine of up to 120 penalty units or both. The Endnotes explain that penalty units are to be calculated under the Sentencing Act 1991 and Monetary Units Act 2004, and give the value of a penalty unit for the 2024-25 financial year at $197.59, with future values to be fixed by the Treasurer. Those explanatory notes are printed as part of the instrument, although explanatory material does not itself become operative law.

Administrative enforcement: approvals and discretion. Integrity Oversight Victoria has administrative enforcement levers. Payments to witnesses require Integrity Oversight Victoria’s approval and are conditional on evidence satisfying Integrity Oversight Victoria (reg 15). Integrity Oversight Victoria may direct that a confidentiality notice be issued, cancelled, replaced or extended, subject to the statutory and judicial limits in Form 1 and the Act. Where the agency directs that certain disclosures are not permitted despite being otherwise listed, that direction alters the practical permissibility for recipients.

Police powers and arrest-related enforcement. Form 4 (Arrest Warrant) is prescribed for s 73 of the Act. It authorises a named member, or all members, of the police force to arrest the person charged with contempt of Integrity Oversight Victoria, bring them before the Supreme Court without delay, and detain the person in police custody in the meantime. Reg 16(g) requires reporting on whether IBAC has issued a certificate of charge and an arrest warrant under the Independent Broad-based Anti‑corruption Commission Act 2011, whether the warrant was executed, and, if executed, detention details and subsequent bail or court outcomes to the extent known. These provisions create a procedural chain: issuance of certificate of charge, execution of an arrest warrant by police under the prescribed form, detention, bail justice procedures (Form 5) and potential Supreme Court proceedings.

Judicial oversight. Several provisions contemplate or require court involvement in resolving disputes arising from coercive questioning. Reg 16(f)(iv) records whether IBAC has applied, or intends to apply, to the Supreme Court for a claim of privilege to be determined. Form 1 allows extensions of confidentiality notices by order of the Supreme Court. Arrested persons brought before the Supreme Court are to be “dealt with according to law” (Form 4), and Form 5 explains that arrested persons may apply to a bail justice for discharge under the Bail Act 1977. These mechanisms channel enforcement matters into ordinary judicial and bail processes.

Sanctions tied to administrative documents. The witness summons form (Form 2) warns that failure to comply “may be an offence” and “penalties including imprisonment may apply.” The confidentiality notice is attached to witness summonses per Form 2, reinforcing the legal consequences of unauthorised disclosure for persons served with summonses, although precise criminal elements are set out in the underlying Act and the Form 1 template.

Exclusion from entitlements as a regulatory sanction. Reg 10(2) excludes from payment under the witness allowances Division any person whose conduct is being investigated by Integrity Oversight Victoria or their representative, and any prisoner of the Crown. That exclusion functions as a non-criminal regulatory limitation on entitlements, and is a clear rule that administrators must apply when assessing payment claims.

Practical enforcement and evidential rules. Reg 15 conditions payment on the production of evidence to Integrity Oversight Victoria’s satisfaction in specified categories. This gives the agency an evidentiary gatekeeping role that can result in refusal to pay where documentation is insufficient. The agency may also exercise discretion under reg 14(1)(d) to consider “any other matter” when deciding what the most economical form of transport is. That discretion may be relevant in contested allowance claims.

Administrative penalties and monetary calculations. Although the Form sets a maximum monetary fine in penalty units, the Endnotes explain how penalty units are converted to dollar amounts pursuant to the Monetary Units Act 2004 and the Sentencing Act 1991. The instrument points to this conversion and to the requirement that the Treasurer publish the value of a penalty unit, but the Regulations themselves do not fix a dollar figure for the fine.

Records and reporting as a compliance tool. The reporting duties placed on IBAC and other entities (regs 16-20) function as procedural transparency mechanisms that also provide oversight and potential grounds for follow-up action if the data reveal procedural irregularities. For example, IBAC must report whether a person made any claim of privilege or secrecy and whether the IBAC withdrew the question or applied to the Supreme Court (reg 16(f)). These reporting obligations create a record trail that Integrity Oversight Victoria can use in follow-on enforcement or reform activity.

The Regulations are cross‑referenced to and operate in the context of several Victorian and Commonwealth statutes and existing administrative frameworks. The instrument both imports statutory processes from other Acts and prescribes forms and procedures that sit alongside those Acts.

Authorising statute. The Regulations were made under sections 103 and 104 of the Integrity Oversight Victoria Act 2011 (reg 2). The Regulations use the shorthand “the Act” to mean the Integrity Oversight Victoria Act 2011 (reg 5). Many prescribed actions and forms are directly intended to implement specific sections of that Act: confidentiality notices for s 38 (reg 21 and Form 1), witness summons forms for s 54(3)(a) (reg 22 and Form 2), directions regarding custodial witnesses for s 57A(2)(a) (reg 23 and Form 3), arrest warrants for s 73(1)(b) (reg 24 and Form 4), and statements about the right to apply for discharge from custody for s 74(1)(a)(ii) (reg 25 and Form 5).

Evidence Act 2008. Reg 9(a) requires that where a witness is using an interpreter, an oath or affirmation be administered to the interpreter in accordance with section 22(2) of the Evidence Act 2008. That requirement imports the Evidence Act’s formalities into Integrity Oversight Victoria examinations and means that ordinary evidence law procedures apply to interpreter affidavits and affirmations in that context.

Public Interest Disclosures Act 2012. Form 1 explicitly identifies that “additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply.” That cross-reference flags potential interaction between confidentiality notices and the protections and obligations that apply when an assessable disclosure is involved, creating a need to triangulate responsibilities between the two Acts in practice.

Independent Broad-based Anti-corruption Commission Act 2011. Reg 16(g) refers to IBAC’s power under the IBAC Act to issue certificates of charge and arrest warrants. Form 4 is prescribed for the purposes of s 73 of the Integrity Oversight Victoria Act 2011, and makes explicit that arrest warrants issued by Integrity Oversight Victoria will sit alongside IBAC certificates and warrants where relevant. The reporting requirement in reg 16(g) specifically anticipates coordination between IBAC processes and Integrity Oversight Victoria reporting.

Bail Act 1977. Form 5 addresses the arrested person’s procedural right to apply to a bail justice for discharge under the Bail Act 1977 and explains operational steps the person in charge of the place of detention must take to present the person before a bail justice. This links detention under an arrest warrant executed pursuant to the Act with ordinary bail procedures.

Fair Work Act 2009 and workers’ compensation. Form 1’s permitted disclosure list includes the Fair Work Commission and the Victorian WorkCover Authority for specified purposes. That creates an interaction where confidentiality notices must be read alongside the procedural and disclosure rules of Commonwealth workplace law and state workers’ compensation processes.

Sentencing Act 1991 and Monetary Units Act 2004. The Regulations rely on penalty units for monetary sanctions (Endnotes). The Endnotes explain that the value of a penalty unit for financial year 2024-25 is $197.59 and that the Treasurer fixes future values under the Monetary Units Act 2004. Practitioners must therefore convert penalty-unit fines into dollar amounts under the applicable monetary units framework.

Other oversight and investigatory frameworks. Form 1 lists a wide set of investigating entities whose published reports may render the restricted matter published and therefore permit disclosure. The list includes Integrity Oversight Victoria itself, the Integrity and Oversight Committee, IBAC, Victoria Police, the Victorian Ombudsman, the Judicial Commission, the Racing Integrity Commissioner, the Information Commissioner, the Chief Municipal Inspector, and the Parliamentary Workplace Standards and Integrity Commission. Where those bodies take steps to publish or report, the confidentiality constraints may fall away as described in the form.

Procedural evidence and interpreter rules. The requirement to administer an oath or affirmation to interpreters under Evidence Act 2008 s 22(2) ensures that interpreter arrangements in examinations will comply with the evidence law framework applied in courts and tribunals, creating a direct procedural alignment between Integrity Oversight Victoria examinations and court-like evidentiary safeguards.

Application to other bodies’ reporting. Regs 16-20 require specified content in reports prepared by different bodies. Those reporting duties sit alongside each body’s own statutory reporting frameworks (for example, annual reports or statutory investigation reports) and likely require internal protocol amendments to capture the mandated items. The Regulations do not, however, change the core statutory powers of those bodies; they simply prescribe additional content for reporting to Integrity Oversight Victoria under their respective report obligations referenced back to particular sections of the Act.

Revocation of prior subordinate rules. Reg 4 revokes the Victorian Inspectorate Regulations 2013 and its two amending instruments. The Endnotes record that the title was changed from Victorian Inspectorate Regulations 2023 to Integrity Oversight Victoria Regulations 2023 by a 2025 amendment. This indicates the Regulations occupy the same delegated-law space previously filled by the earlier instrument, and that prior forms and procedural rules have been replaced by the present schedule.

The Regulations include a clear amendment trail in both their text and Endnotes. The instrument was originally made on 31 January 2023 and commenced on 4 February 2023 (reg 3 and Endnote 1). The Endnotes and marginal notes within the body of the Regulations record subsequent statutory rule amendments and their effects.

Key instrument dates and instruments. The Endnotes list two substantive amending statutory rules that have been incorporated into this Version No. 003 as at 25 March 2025. Those are:

• Victorian Inspectorate Amendment Regulations 2024, S.R. No. 121/2024, made 29 October 2024, commenced 1 November 2024 (Endnotes, Table of Amendments). The marginal notes indicate reg 7 (prescribing support services) was amended by S.R. No. 121/2024 reg 4 and Schedule 1 Form 1 was amended by the same instrument, regs 5 (Endnotes and Sch 1 notes).

• Victorian Inspectorate Amendment Regulations 2025, S.R. No. 11/2025, made and commenced 25 March 2025 (Endnotes, Table of Amendments). The body of the Regulations carries multiple marginal amendments attributed to S.R. No. 11/2025: reg 1(a)-(c) and reg 1(d) amended by S.R. No. 11/2025 reg 5(a) and 5(b) respectively; reg 2, reg 3 and reg 4 marginal notes record amendments by S.R. No. 11/2025; reg 5 (definition) was amended by S.R. No. 11/2025 reg 7; reg 8, reg 9, reg 10(2)(a), reg 14(1)(d), reg 15, regs 16-20 headings and content have marginal notes indicating amendment by S.R. No. 11/2025 in various places; and Schedule 1 Forms 2-5 were updated by regs 18-22 of S.R. No. 11/2025 as recorded in the Schedule heading notes.

Title change. Although the instrument was originally titled the Victorian Inspectorate Regulations 2023, the Endnotes state that the title of this Statutory Rule was changed to the Integrity Oversight Victoria Regulations 2023 by regulation 4 of the Victorian Inspectorate Amendment Regulations 2025, S.R. No. 11/2025. The text of the Regulations reflects that title change.

Revocations. Reg 4 lists the revoked instruments by reference: the Victorian Inspectorate Regulations 2013, the Victorian Inspectorate Amendment Regulations 2014, and the Victorian Inspectorate Amendment Regulations 2019. The explanatory details in the Endnotes cross‑reference the original instruments and their amending instruments. That establishes continuity by replacing the older subordinate instruments with the present consolidated Regulations.

Incorporation of amendments into this version. The front matter states this is Version No. 003 and incorporates amendments as at 25 March 2025. Inline marginal notes throughout the Regulations attach the S.R. numbers and reg numbers that produced each amendment. For example, reg 7’s marginal note records amendment by S.R. No. 121/2024 reg 4, and many other regs show amendments by S.R. No. 11/2025 reg numbers 5-22 in different places. Schedule 1 includes amendment notes indicating Form 1 was amended by S.R. Nos 121/2024 reg 5 and 11/2025 reg 18, and Forms 2-5 were amended by S.R. No. 11/2025 regs 19-22.

Sunsetting and future review. The Endnotes indicate that the original Victorian Inspectorate Regulations 2023 were made under the Victorian Inspectorate Act 2011 and that those Regulations would sunset 10 years after the day of making (31 January 2024 as printed), per section 5 of the Subordinate Legislation Act 1994, although that appears to be an artefact of the predecessor instrument narrative in the Endnotes. Practitioners should note that the Endnotes discuss the statutory framework for publication and penalty-unit calculations rather than prescribing a sunset for this version; the instruments’ continued effect and any future sunsets will depend on the underlying Subordinate Legislation Act procedures and any subsequent amending rules.

Practical note on versioning. The Regulations’ inclusion of a formal Version No. and an “incorporating amendments as at” date means that users must read the instrument together with its Endnotes and marginal amendment notes to understand the exact operative content. The Schedule of Amendments and Explanatory Details in the Endnotes identify which subregulations were changed by which S.R.s, which is essential for tracking the evolution of particular provisions such as the list of prescribed support services (reg 7) and the content of Form 1.

The text of the Regulations and the attached Endnotes do not record any decided cases or litigation history specifically concerning these Regulations. The instrument itself contemplates court processes and judicial determination where issues arise, but it does not report any judicial decisions. Relevant interactions with courts that the Regulations envisage are procedural and prospective rather than retrospective.

Court procedures contemplated by the Regulations. The Regulations and the prescribed forms explicitly anticipate judicial proceedings in several contexts. Reg 16(f)(iv) requires reporting on whether IBAC has applied, or intends to apply, to the Supreme Court for determination of privilege or secrecy claims arising during an examination. Form 4 (Arrest Warrant) provides the procedural instrument for police to arrest a person and bring them “before the Supreme Court without delay” for contempt under the Act; Form 4 authorises detention in police custody “in the meantime.” Form 5 informs an arrested person of their right to apply to a bail justice for discharge and that the bail justice may make orders under the Bail Act 1977. Form 1 permits the Supreme Court to extend a confidentiality notice and sets a five‑year default expiry where no extension has been ordered.

No recorded judicial decisions in the instrument. The Regulations themselves contain no citations to judicial decisions, no footnoted references to litigation outcomes, and no statements that any particular provision has been subject to judicial review or court interpretation. The Endnotes similarly provide only statutory and amendment history. Therefore, at the time the Regulations’ Version No. 003 was compiled (incorporating amendments as at 25 March 2025), there is no litigation history recorded in the instrument.

Implications for practitioners. Although no cases are recorded, the Regulations create multiple touchpoints where parties may litigate: challenges to the lawfulness of confidentiality directions or extensions, disputes over whether a person’s conduct falls within the exclusion in reg 10(2), judicial determination of privilege claims arising during coercive questioning (reg 16(f)(iv)), and procedural disputes about arrest and detention culminating in applications to the Supreme Court or bail justices (Forms 4 and 5). The instrument’s structure therefore signals possible future litigation channels but does not itself document any precedent.

Monitoring for future judicial developments. Because the Regulations expressly build in court roles, practitioners should monitor Supreme Court and higher-court reporting on cases that might interpret the Act’s and Regulations’ provisions, particularly those that involve privilege, secrecy claims, confidentiality notice extensions, and the execution of warrants for contempt. Absent decisions recorded in the instrument, any concrete litigated interpretations must be obtained from court records rather than the Regulations’ text.

This section flags particular provisions that are easy to overlook, administratively awkward, or legally consequential for practitioners advising witnesses, agencies, employers, unions or support services.

Penalties tied to the confidentiality notice template. Form 1 contains explicit criminal-penalty language for unauthorised disclosure by recipients of a confidentiality notice: up to 12 months imprisonment or a fine of up to 120 penalty units or both. Practitioners must note that the dollar value of penalty units changes annually under the Monetary Units Act 2004 and is tied to the Sentencing Act 1991 as explained in the Endnotes. Failure to consider the penal consequences and required distribution duties when advising a client can have serious effects.

Distribution duties on permitted disclosures. When a recipient of a confidentiality notice makes a permitted disclosure, they must provide the recipient of that disclosure with a copy of the confidentiality notice and any order extending it, unless they have a “reasonable excuse” (Form 1). That duty applies repeatedly: if the confidentiality notice is replaced, cancelled or extended, the disclosing person must convey the new instrument to those to whom they have previously disclosed, again unless they have a reasonable excuse. That ongoing distribution obligation is a practical compliance burden for employees and unions who might receive limited permitted disclosures in the course of employment matters.

Form rigidity. The Regulations prescribe specific forms for confidentiality notices, witness summonses, directions about custodial witnesses, arrest warrants and statements about bail rights (Part 5 and Sch 1). Using a non‑prescribed form could render a process vulnerable to challenge. Practitioners should use the exact forms or ensure any supplementary material is attached in accordance with the prescribed templates. For instance, Form 2 requires that the witness summons be accompanied by a confidentiality notice and a statement outlining specified matters.

Exclusions from witness payments. Reg 10(2) prevents payment under the witness allowances Division to a person whose conduct is being investigated by Integrity Oversight Victoria or to a prisoner of the Crown. Advisers must spot this exclusion, because parties may assume all witnesses are reimbursable. That exclusion is categorical and not subject to an obvious exception within the Division. For corporate witnesses, it applies to a representative of the body corporate.

Evidence burden for allowances. Reg 15 vests Integrity Oversight Victoria with a gatekeeping role: it must not approve a payment unless the witness produces evidence to its satisfaction, in different categories depending on the claim. Practical issues arise when claimants lack documentary proof of lost income or reasonable childcare costs. The Regulation does not provide evidentiary standards or an appeals mechanism for disputed assessments, leaving applicants dependent on administrative discretion.

Interpreter oath requirement and its timing. Reg 9(a) requires administering an oath or affirmation to the interpreter in accordance with Evidence Act 2008 s 22(2). The Regulation does not specify the exact timing, aside from requiring the action “before a witness is asked any questions or required to produce a document or thing” under the Act’s s 60(1)(e) context. Practically, this means administrators must ensure interpreter formalities are completed and recorded prior to questioning, and failure to do so could implicate the admissibility or procedural validity of evidence obtained.

Strict meal/time windows. Reg 13(2) ties entitlement to meal allowances to discrete time windows for breakfast, lunch and dinner. A witness who is absent from home but not during the specified time windows may not be entitled to the corresponding allowance. Practitioners advising witnesses should carefully match attendance times with the regulation’s windows to maximise entitlement claims. The capital-city vs other-location meal rates also require correct categorisation.

Most economical transport plus wide discretion. Reg 14(1) ties travelling expense reimbursement to the cost of the “most economical form of transport,” having regard to distance, time, whether income was lost, and “any other matter Integrity Oversight Victoria considers relevant.” The open-ended “any other matter” phrase grants broad administrative discretion that may be unpredictable in application. In practice, claimants may find their preferred mode of travel rejected in favour of a cheaper option unless they can muster persuasive reasons that align with the specified criteria.

Confidentiality notice expiry and court extension. Form 1 lists multiple triggers for expiry, including cancellation by Integrity Oversight Victoria and a default five-year expiry after the first confidentiality notice about the current investigation unless the Supreme Court orders an extension. Because the five-year default is long, record-keeping over that period may be required and the court-extension mechanism means parties may be drawn into litigation over extensions. Practitioners should diarise potential expiry dates and advise clients about the consequences of expiry, cancellation or extension.

IBAC-specific reporting burdens. Reg 16 imposes a more detailed reporting requirement on IBAC than on the other listed entities. It requires, among other things, reporting whether any privilege or secrecy claim was made, the outcome, whether questions were withdrawn, whether the IBAC applied to the Supreme Court, and detailed arrest-warrant and detention information. IBAC will therefore need internal processes to capture these data points reliably. Other agencies have similar but shorter lists and must still capture age, mental-impairment and representation details.

Proof of age flexibility, and resulting uncertainty. Reg 8 lists several documents that constitute proof of age for persons under 16, but then permits “any other document or evidence that satisfies Integrity Oversight Victoria about a person's age” (reg 8(d)). That open-ended clause allows administrative flexibility but creates uncertainty for practitioners about what additional documents will be accepted. Advisers should obtain advance confirmation from the agency where age will be contested or where only non-standard documentation is available.

Coordination with workers’ compensation and employment processes. Form 1 explicitly lists the Victorian WorkCover Authority and the Fair Work Commission as permitted recipients for specific purposes. This creates interaction effects where a confidentiality notice could limit an employee’s ability to pursue workers’ compensation or Fair Work applications unless disclosures are made under the permitted list and the required distribution obligations are observed. Advisers should therefore coordinate confidentiality notice compliance with workplace claims to avoid inadvertent breaches.

Limited guidance on dispute resolution. The Regulations set out administrative duties, evidence requirements and forms, but offer little procedural guidance on how disputes about allowances, confidentiality restrictions or evidentiary sufficiency will be resolved administratively short of court intervention. Where disputes arise, parties will likely need to rely on the Act’s internal review mechanisms or seek judicial relief.

This practical checklist and stepwise advice identifies specific actions agencies, witnesses, representatives and advisers should take to comply with the Regulations’ operative requirements.

For Integrity Oversight Victoria (administrative tasks)

• Use the prescribed forms in Schedule 1 without modification for confidentiality notices (Form 1), witness summonses (Form 2), custody directions (Form 3), arrest warrants (Form 4) and statements about bail rights (Form 5) as required by regs 21-25. Attach required statutory excerpts where the form instructs you to do so (Form 1’s instruction to attach relevant Act provisions).
• Before questioning or requiring production, ensure steps in reg 9 are completed: administer the interpreter’s oath/affirmation under Evidence Act 2008 s 22(2) if an interpreter is used (reg 9(a)); where a parent, guardian or independent person accompanies a witness, inform them of the witness’ rights and obligations per s 54(4) of the Act (reg 9(b)). Record the completion of these steps in the witness attendance record.
• Implement an evidentiary checklist for payments so that reg 15’s required proof categories are obtained and recorded before payment approval. For income-loss claims (regs 11 and 12(2)), collect payslips, tax records or employer letters; for expenditure claims (reg 12(3), 12(4), 13(3)), collect receipts; for absence-from-home claims (reg 13(1)), record arrival and departure times; for travel cost claims (reg 14), retain transport receipts or distance calculations and a rationale for the “most economical” choice.
• Apply exclusion rules in reg 10(2): do not approve payments to a person under investigation or to a prisoner of the Crown. Build a screening step in the payment workflow to identify excluded categories.
• Where payments are approved, apply the caps and rates: experts up to $300/hr and $1500/day (reg 11); other income earners up to $100/hr and $600/day (reg 12); private vehicle at 18 cents/km (reg 14(2)); accommodation up to $150/night (reg 13(3)); meal rates and windows as in reg 13. Build automated calculations to prevent overpayment.
• For travel reimbursements, document the analysis against reg 14(1)’s criteria (distance, time, income lost, and any other matter considered) and store the rationale for selecting the transport mode labelled “most economical.”
• Maintain accurate records of interpreter oaths administered, presence of parents/guardians/independent persons, and whether witnesses were given opportunity to seek legal advice (these are reporting items for regs 16-20).

For entities required to report on coercive questioning (IBAC, Auditor‑General, Ombudsman, Information Commissioner, Wage Inspectorate)

• Amend internal reporting templates to include the prescribed items in regs 16-20. For IBAC (reg 16), capture: duration of attendance, age-related matters (under 18 and under 16 release events), presence and exercise of rights with parent/guardian/independent persons, mental-impairment beliefs and independent-person presence and exercise of rights, legal representation status and whether opportunities to seek advice were provided, English proficiency and interpreter arrangements, claims of privilege or secrecy with outcomes, and certificate-of-charge/arrest-warrant details and detention information to the extent known.
• For the Auditor‑General and other agencies (regs 17-20), implement a similar data-capture regimen adapted to each regulation’s text. Ensure staff are trained to record whether persons had legal representation and whether they were given an opportunity to seek legal advice, plus interpreter arrangements.
• Implement secure data-retention and privacy safeguards for these records, noting that reports will be provided to Integrity Oversight Victoria.

For witnesses and parties served with confidentiality notices

• Read the confidentiality notice template (Form 1) carefully. Identify whether the restricted matter you received is listed in the “You can disclose this restricted matter” table or otherwise permitted under Form 1’s “always permitted” circumstances.
• If you intend to make a permitted disclosure, provide a copy of the confidentiality notice (and any order extending it) to the person you disclose to, unless you have a reasonable excuse. Keep evidence of having supplied that notice to the recipient.
• Where you seek legal advice, confirm whether Integrity Oversight Victoria has restricted representation by or advice from a specified legal practitioner. If the notice restricts a particular practitioner, obtain alternative legal representation or seek clarity from Integrity Oversight Victoria as to the permitted legal advice pathways.
• If you are served with a witness summons (Form 2), note the time and means of attendance (physical address or AV link), and check that a confidentiality notice is attached. If you are under 18 or under 16, be prepared to provide proof of age in one of the forms listed in reg 8 or produce other documentary evidence that satisfies Integrity Oversight Victoria.

For employers, unions and support providers

• When approached by an employee who has received a confidentiality notice, request a copy of the notice before counsel is given. If the employee intends to disclose restricted matters to you under a permitted category, record the date, the scope of the disclosure and ensure the employee attaches the confidentiality notice when making the disclosure in accordance with Form 1.
• If acting as a prescribed support service (reg 7), ensure you have internal confidentiality and record-keeping protocols that align with Form 1’s distribution and documentation duties. Note that the listed organisations are prescribed specifically by name in reg 7, so their role as prescribed services is statutory for the cited purposes.

For legal practitioners advising clients

• Confirm whether Integrity Oversight Victoria has imposed any restriction on representation by the specified practitioner in the confidentiality notice as Form 1 allows such restrictions. If representation is restricted, advise clients on alternative lawful routes for advice or apply to Integrity Oversight Victoria for permission or for the Supreme Court to extend or vary the notice where necessary.
• Advise clients on the exact limits on disclosure, the distribution duty for permitted disclosures, and the potential penalties for unauthorised disclosure. Where disclosure is necessary for workplace or workers’ compensation proceedings, ensure the disclosure is made under a permitted category and that the confidentiality notice is provided to the recipient per Form 1.

For police and courts

• If executing an arrest warrant, use the prescribed Form 4 and adhere to the operational text that the person must be brought before the Supreme Court without delay and may be detained in police custody in the meantime (Form 4). Where an arrested person requests discharge, follow Form 5 instructions to bring the person before a bail justice as soon as practicable.

Record-keeping and auditability

• Across all affected organisations, implement an auditable file for each examination that includes: the confidentiality notice, witness summons, interpreter oath record, proof-of-age evidence where relevant, attendance times, records of legal advice offered or sought, receipts and documents supporting payment claims, travel-cost assessments, and any orders or court applications related to privilege or confidentiality extensions. The regs 16-20 reporting duties presume these items are recorded.

Dealing with proof-of-age and special-needs witnesses

• For persons under 16 or those with a mental impairment, follow reg 8 and regs 16-20 reporting items. If an interpreter is used or if an independent person is required because of literacy or impairment, ensure the interpreter oath is administered and the independent person is informed of the witness’ rights, as required by reg 9 and the forms.

Dispute and escalation routes

• Where Integrity Oversight Victoria refuses payment or denies permission to disclose, obtain written reasons and consider administrative review under the Act or seeking judicial review where permissible under Victorian administrative law. For privilege disputes that may involve court determination, consider applying for a direction or making preliminary applications as contemplated by reg 16(f)(iv).

Practical triage checklist for a witness before attending

• Verify the attendance time and format on Form 2; check whether a confidentiality notice is attached.
• If under 16, prepare proof-of-age documents consistent with reg 8, or be ready to produce evidence that satisfies Integrity Oversight Victoria.
• If an interpreter is required, ensure that the interpreter is available and prepared to take an oath under Evidence Act 2008 s 22(2).
• Collect evidence for any expected allowance claims: payslips for lost income, receipts for travel/accommodation, childcare receipts, and ensure you have bank details for reimbursement.
• If served with a custody direction or arrest warrant (Forms 3 or 4), note rights under Form 5 and contact legal counsel immediately.

By mapping these concrete steps to the specific regulatory provisions cited above (regs 9, 10-15, 21-25 and Forms in Sch 1), affected parties can align operational practice with the legal obligations the Regulations impose.