60KWho can prosecute under this Act?

60K Who can prosecute under this Act?

(1) A prosecution for an offence against this Act may only be brought by—

S. 60K(1)(a) amended by Nos 14/2021 s. 84, 35/2025 s. 87.

(a) the Workforce Inspectorate Victoria; or

S. 60K(1)(b) amended by Nos 14/2021 s. 84, 35/2025 s. 87.

(b) a person employed under Part 3 of the Public Administration Act 2004 who is authorised by the Workforce Inspectorate Victoria to bring a prosecution.

(2) An authorisation under subsection (1)(b)—

(a) must be in writing; and

(b) may be given generally, or only in relation to a particular case or cases, or a particular class of case or cases; and

S. 60K(2)(c) amended by Nos 14/2021 s. 84, 35/2025 s. 87.

(c) may be revoked by the Workforce Inspectorate Victoria at any time by written notice.

(3) The revocation of an authorisation does not affect a proceeding commenced by a person before that person's authorisation was revoked unless the notice of revocation states otherwise.

(4) In a prosecution for an offence under this Act, the court must presume, in the absence of evidence to the contrary, that the prosecutor is authorised to bring the prosecution.

(5) A prosecution may only be conducted by—

S. 60K(5)(a) amended by Nos 14/2021 s. 84, 35/2025 s. 87.

(a) the Workforce Inspectorate Victoria; or

(b) the person authorised under subsection (1)(b) to bring the prosecution; or

S. 60K(5)(c) amended by Nos 14/2021 s. 84, 35/2025 s. 87.

(c) an Australian lawyer briefed by the Workforce Inspectorate Victoria or the person authorised to bring the prosecution.

S. 60L (Heading) amended by No. 14/2021 s. 85(1).

S. 60L inserted by No. 33/2019 s. 28, amended by No. 14/2021 s. 85(3) (ILA s. 39B(1)).