37No right to compensation

37 No right to compensation It is hereby declared that no person or body of persons corporate or unincorporate shall have any right to compensation for any loss or damage whatsoever by reason of the operation of this Part or of any Act passed in this or in any future session of Parliament relating to the subject-matter of this Part. Pt 1A (Heading and ss 37A–37F) inserted by No. 52/2009 s. 5. Part IA—The Racing Integrity Commissioner S. 37A inserted by No. 52/2009 s. 5. 37A Racing Integrity Commissioner (1) There is to be a Racing Integrity Commissioner. (2) The Racing Integrity Commissioner is appointed by the Governor in Council on the recommendation of the Minister. (3) The Racing Integrity Commissioner— (a) is to hold office for a term, not exceeding 5 years, specified in the instrument of his or her appointment; and (b) is eligible for re-appointment. (4) The Racing Integrity Commissioner is entitled to receive any remuneration or allowances from time to time fixed by the Governor in Council. (5) The appointment of the Racing Integrity Commissioner is on the terms and conditions determined by the Governor in Council. (6) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to the Racing Integrity Commissioner in respect of the office of Commissioner. S. 37AB inserted by No. 2/2022 s. 8. 37AB Acting appointments (1) The Minister may appoint a person to act as the Racing Integrity Commissioner for a period not exceeding 3 months— (a) if the office of the Racing Integrity Commissioner is vacant; or (b) during any period, or during all periods, when the Racing Integrity Commissioner holds office and is absent or unable to perform the duties of the Racing Integrity Commissioner for any reason. (2) A person who is acting as the Racing Integrity Commissioner in accordance with subsection (1) may— (a) exercise all the powers of the Racing Integrity Commissioner; and (b) perform all the duties and functions of the Racing Integrity Commissioner. S. 37B inserted by No. 52/2009 s. 5. 37B Functions of the Racing Integrity Commissioner (1) The functions of the Racing Integrity Commissioner are to— (a) conduct annual audits of the internal integrity processes and systems, in whole or in part, of each controlling body in areas identified— (i) by the Racing Integrity Commissioner; or S. 37B(1)(a)(ii) amended by No. 37/2018 s. 5(1)(a). (ii) by the Racing Integrity Commissioner in consultation with each controlling body; or S. 37B(1)(a)(iii) inserted by No. 37/2018 s. 5(1)(b). (iii) by the Integrity Board; or S. 37B(1)(a)(iv) inserted by No. 37/2018 s. 5(1)(b). (iv) by the Racing Integrity Commissioner in consultation with the Integrity Board; (b) conduct audits outside the subject matter of the annual audit if a controlling body requests that such an audit be conducted; S. 37B(1)(ba) inserted by No. 17/2016 s. 3(1). (ba) conduct audits of the internal animal welfare processes and systems of each controlling body to the extent that they relate to integrity in racing; (c) investigate complaints made about the integrity processes and systems of a controlling body; (d) refer complaints to— (i) if the complaint relates to a criminal matter, Victoria Police; S. 37B(1) (d)(ia) inserted by No. 82/2012 s. 181(1). (ia) if the complaint appears to involve corrupt conduct, the IBAC, unless it appears to involve corrupt conduct of the IBAC or IBAC personnel; (ii) if the complaint relates to an alleged or apparent contravention of the rules of a controlling body, the relevant controlling body; (iii) if the complaint relates to an alleged or apparent contravention of the **Gambling Regulation Act 2003**, the Commission; (iv) if the complaint relates to an alleged or apparent contravention of any Act or subordinate instrument in connection with the integrity of racing, the relevant government agency; S. 37B(1)(d)(v) substituted by No. 37/2018 s. 5(2). (v) if the complaint relates to an internal integrity matter, the Integrity Board; S. 37B(1)(d)(vi) inserted by No. 17/2016 s. 3(2). (vi) if the complaint relates to the animal welfare processes and systems of a controlling body, the relevant government agency; S. 37B(1)(e) amended by No. 37/2018 s. 5(3). (e) investigate matters referred by the Minister, the Integrity Board or a controlling body; S. 37B(1)(ea) inserted by No. 2/2019 s. 106. (ea) investigate public interest complaints that relate to the conduct of a controlling body or an employee, officer or member of a controlling body; (f) report the findings of any investigations conducted into complaints that have not been referred to other bodies to— (i) the person that made the complaint; and S. 37B(1)(f)(ii) amended by No. 37/2018 s. 5(4). (ii) with or without identifying the person that made the complaint or the person that is the subject of the complaint, the Minister, the Integrity Board or the relevant controlling body (as the Racing Integrity Commissioner considers appropriate); (g) conduct own motion inquiries that do not relate to any specific complaint and may include an investigation into systemic issues in racing; (h) make recommendations (if appropriate) following the investigation of any complaint, inquiry or matter to (as the Racing Integrity Commissioner considers appropriate)— (i) the Minister; or S. 37B (1)(h)(ia) inserted by No. 37/2018 s. 5(5). (ia) the Integrity Board; or (ii) the relevant controlling body; S. 37B(1)(i) amended by No. 37/2018 s. 12. (i) direct the Victorian Racing Tribunal to hear and determine an appeal made by a person against a penalty imposed on the person under the rules of a controlling body if— (i) the penalty imposed is a fine of not more than $250; and (ii) the Racing Integrity Commissioner considers that it is in the public interest for the appeal to be heard; (j) perform any other functions conferred on the Racing Integrity Commissioner under this Act. (2) The Racing Integrity Commissioner may advise the Minister of any failure by a controlling body to implement or act on a recommendation made by the Racing Integrity Commissioner to that controlling body under subsection (1)(h) if— (a) before advising the Minister, the Racing Integrity Commissioner notifies the controlling body of the Commissioner's intention to advise the Minister of the failure by the controlling body to implement or act on the recommendation; and (b) the Racing Integrity Commissioner advises the controlling body that the controlling body may, within 14 days of receiving the notification made under paragraph (a), respond in writing to the Commissioner in respect of that notification. (3) The Racing Integrity Commissioner must provide the Minister with any written response made by the controlling body under subsection (2)(b). S. 37B(4) inserted by No. 82/2012 s. 181(2), amended by No. 82/2012 s. 318(c). (4) Subsection (1)(d)(ia) does not apply to a matter that is the subject of a complaint or notification referred to the Racing Integrity Commissioner by the IBAC under section 73 of the **Independent Broad-based Anti-corruption Commission Act 2011**. S. 37B(5) inserted by No. 82/2012 s. 181(2). (5) If the Racing Integrity Commissioner refers a complaint under subsection (1)(d)(ia), the Racing Integrity Commissioner must— (a) cease his or her investigation of the referred complaint; and (b) provide the IBAC with any evidence that the Integrity Commissioner has in his or her possession or control in relation to that referred complaint; and (c) cooperate with the IBAC and ensure his or her staff provide all reasonable assistance requested by the IBAC in relation to that complaint. S. 37BA inserted by No. 77/2013 s. 41. 37BA Powers of the Racing Integrity Commissioner conducting an inquiry S. 37BA(1) substituted by No. 37/2018 s. 3(1). (1) Subject to subsection (2), sections 37BB to 37BJ apply to the conduct of an inquiry or investigation by the Racing Integrity Commissioner under this Part into a controlling body or a person, club or other body licensed or registered in accordance with the rules of a controlling body. (2) The powers conferred on the Racing Integrity Commissioner under subsection (1) may be exercised only in respect of the following persons— (a) a person licensed under the rules of a controlling body; (b) a person registered under the rules of a controlling body; (c) a member of the Board of a controlling body; (d) an employee of a controlling body; (e) a member of a committee or other managing body of a club registered under the rules of a controlling body; S. 37BA(2)(f) amended by No. 37/2018 s. 3(2)(a). (f) an employee of a club registered under the rules of a controlling body; S. 37BA(2)(g) inserted by No. 37/2018 s. 3(2)(b). (g) any person who, at the time the matter which is the subject of the inquiry or investigation occurred, was a person referred to in paragraphs (a) to (f). (3) In subsection (2)(c), ***Board of a controlling body*** means— (a) in the case of horse racing, the Board of Directors of Racing Victoria; or S. 37BA(3)(b) amended by No. 2/2022 s. 9(a). (b) in the case of harness racing, Harness Racing Victoria; or S. 37BA(3)(c) amended by No. 2/2022 s. 9(b). (c) in the case of greyhound racing, Greyhound Racing Victoria. S. 37BB inserted by No. 37/2018 s. 4. 37BB Power to compel production of documents and other things or attendance of witnesses (1) For the purposes of conducting an inquiry or investigation, the Racing Integrity Commissioner may serve written notice on a person requiring the person to— (a) produce a specified document or other thing which is material to the subject matter of the inquiry or investigation to the Racing Integrity Commissioner or a member of staff of the Commissioner conducting the inquiry or investigation at a specified time and in the specified manner; or (b) attend the inquiry or investigation of the Racing Integrity Commissioner at a specified time and place to produce a specified document or other thing which is material to the subject matter of the inquiry or investigation; or (c) attend the inquiry or investigation of the Racing Integrity Commissioner at a specified time and place, and from then on from day to day until excused, to give evidence; or (d) attend the inquiry or investigation of the Racing Integrity Commissioner at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing which is material to the subject matter of the inquiry or investigation. (2) A written notice under subsection (1) in relation to an inquiry or investigation of the Racing Integrity Commissioner— (a) must contain the following information— (i) a statement outlining the consequences of failing to comply with the notice; (ii) examples of what may constitute a reasonable excuse for failing to comply with the notice; (iii) how the person may object to the notice; and (b) must be served in accordance with section 37BC. (3) A person whose attendance has been required by a notice under subsection (1) is required to attend at the time and place to which the inquiry or investigation of the Racing Integrity Commissioner is adjourned or postponed without the issue or service of any further notice. S. 37BC inserted by No. 37/2018 s. 4. 37BC Service of notice to produce or notice to attend (1) A notice under section 37BB directed to a natural person must be served— (a) by serving a copy of the notice on the person personally; or (b) by leaving a copy of the notice at the person's usual place of residence with a person who is apparently at least 18 years of age. (2) A notice under section 37BB directed to a body corporate must be served by leaving a copy of the notice at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age. (3) Subsection (2) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act. S. 37BD inserted by No. 37/2018 s. 4. 37BD Power to take evidence on oath or affirmation (1) The Racing Integrity Commissioner may require a person attending an inquiry or investigation under this Part, whether in accordance with a notice under section 37BB or otherwise— (a) to give evidence or answer questions on oath or affirmation; or (b) to give evidence or answer questions on oath or affirmation and to produce specified documents. (2) The Racing Integrity Commissioner, or a member of staff who is authorised to do so by the Racing Integrity Commissioner, may administer an oath or affirmation to a person for the purposes of subsection (1). S. 37BE inserted by No. 37/2018 s. 4. 37BE Offence to fail to comply with a notice to produce or attend A person who is duly served with a notice under section 37BB in relation to a Racing Integrity Commissioner's inquiry or investigation under this Part must not, without reasonable excuse, refuse or fail to comply with the notice. S. 37BF inserted by No. 37/2018 s. 4. 37BF Offence to fail to take oath, make affirmation, answer question or produce document (1) This section applies to— (a) a person who is duly served with a notice under section 37BB; or (b) a person who is present before an inquiry or investigation of the Racing Integrity Commissioner under this Part and is required to take an oath or make an affirmation or to respond to a question material to the subject matter of the inquiry or investigation or to produce any document or thing. (2) A person to whom this section applies must not, without reasonable excuse— (a) refuse or fail to take an oath or make an affirmation when required to do so; or (b) refuse or fail to answer a question that the person is required to answer by the Racing Integrity Commissioner; or (c) refuse or fail to produce a document or thing required to be produced. S. 37BG inserted by No. 37/2018 s. 4. 37BG DPP or police officer may commence proceeding for offence against section 37BE or 37BF (1) If the Racing Integrity Commissioner is of the opinion that a person is guilty of an offence against section 37BE or 37BF, the Commissioner may certify the facts to the Chief Commissioner of Police or the Director of Public Prosecutions. (2) A police officer or the Director of Public Prosecutions may commence a proceeding for an offence against section 37BE or 37BF. S. 37BH inserted by No. 37/2018 s. 4. 37BH Offence to make false or misleading statements or produce false or misleading documents or other things (1) A person must not make a statement to the Racing Integrity Commissioner that the person knows to be false or misleading in a material particular. See section 314 of the **Crimes Act 1958** in relation to perjury and section 254 of that Act in relation to the destruction of evidence. (2) A person must not produce a document or other thing to the Racing Integrity Commissioner that the person knows to be false or misleading in a material particular unless the person— (a) indicates to the Commissioner the respect in which it is false or misleading; and (b) to the extent practicable, provides the correct information. S. 37BI inserted by No. 37/2018 s. 4. 37BI Protection of participants (1) The Racing Integrity Commissioner has, in respect of the performance of the Commissioner's functions under this Part, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge. (2) A member of staff of the Racing Integrity Commissioner has, in the performance of the person's functions in a Racing Integrity Commissioner's inquiry or investigation under this Part, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge. (3) A person legally representing another person in a Racing Integrity Commissioner's inquiry or investigation under this Part has the same protection and immunity as an Australian legal practitioner has in representing a party in a proceeding in the Supreme Court. (4) A person who gives information or evidence, or produces a document or other thing, to the Racing Integrity Commissioner has the same protection and immunity as a witness has in a proceeding in the Supreme Court. S. 37BJ inserted by No. 37/2018 s. 4. 37BJ Statement not to be used against person who gives information or evidence, or produces a document or other thing (1) A statement made by a person in response to any question put to the person in an inquiry or investigation by the Racing Integrity Commissioner under this Part— (a) is not admissible in evidence in any civil or criminal proceeding against that person; and (b) is not to be made the ground of any prosecution, action or suit against that person. (2) Subsection (1) does not apply to a charge against a person for perjury committed by the person in making a statement in an inquiry or investigation by the Racing Integrity Commissioner under this Part. (3) A certificate signed by the Racing Integrity Commissioner that a statement was made in response to any question put to the person in an inquiry or investigation by the Racing Integrity Commissioner under this Part is prima facie evidence that the statement was so made. S. 37C inserted by No. 52/2009 s. 5. 37C Powers of the Racing Integrity Commissioner For the purposes of his or her functions, the Racing Integrity Commissioner— (a) has such powers as are conferred on him or her by this Act; and (b) may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the performance of his or her functions. S. 37CA inserted by No. 37/2018 s. 7. 37CA Protection from liability for Racing Integrity Commissioner (1) The Racing Integrity Commissioner is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a power or the performance of a function under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act. (2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the Racing Integrity Commissioner attaches instead to the State. S. 37D inserted by No. 52/2009 s. 5.