Version incorporating amendments as at
2 February 2026
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 1
3 Act binds the Crown 1
Part 2—Repeal of Special Investigator Act 2021 3
Division 1—Repeal 3
4 Repeal 3
Division 2—Office of the Special Investigator 3
5 Office of the Special Investigator abolished 3
6 Special Investigator appointment revoked 3
7 Transfer of assets and liabilities 3
8 Transfer of proceedings, etc. 4
9 Transfer of records 4
10 Final report 6
Division 3—Transitional and savings provisions 7
11 Continued immunity of former OSI officers 7
12 Continued prohibition on compelling former OSI officers as witnesses 7
13 Continued offence—Unauthorised use or disclosure of Office of Special Investigator information 7
14 Continued offence—Offence to cause or threaten harm or detriment to person who assists Office of the Special Investigator or OSI officer 8
15 Continued application of certain provisions 8
16 Freedom of information 8
Part 3—Consequential amendment of Victorian Inspectorate Act 2011 10
Division 1—Amendment of Victorian Inspectorate Act 2011 10
18 Definitions 10
19 Objects of Act 10
20 Functions of the Victorian Inspectorate 10
21 Delegation 10
22 Disclosure of information by the Victorian Inspectorate 10
23 Complaints 10
24 Investigation of complaint 11
25 Own motion investigation 11
26 Conduct of investigation 11
27 Requirement to provide assistance 11
28 Persons to provide assistance 11
29 Conduct of inquiry 11
30 Content and form of witness summons 12
31 Legal representation of witnesses and other persons 12
32 Powers of entry, inspection and seizure 12
33 Act applies equally to attendance in person or by audio visual link or audio link 12
34 Privileges and secrecy generally 12
35 Sections 85H and 85I repealed 12
36 Recommendations must not include information likely to identify person who makes an assessable disclosure 13
Section 1 - Special Investigator Repeal Act 2023 - Special Investigator Repeal Act 2023 | Zoe
37 Special reports 13
38 Advice to a complainant 13
39 Outcome of investigation 13
40 Matters to be included in annual report 13
41 Exemption from Freedom of Information Act 1982 14
42 Regulations—specific matters 14
Division 2—Transitional and savings provisions 14
43 Victorian Inspectorate may continue to receive complaints for further 6 months 14
44 Victorian Inspectorate may continue to report on actions taken for further 6 months 15
45 Victorian Inspectorate may continue to investigate conduct for further 18 months 15
46 Victorian Inspectorate may continue to make recommendations and report on investigations for further 2 years 16
47 Access to records 18
48 Continued exemption from Freedom of Information Act 1982 18
Division 3—Repeal of this Part 18
49 Repeal of this Part 18
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Endnotes 20
1 General information 20
2 Table of Amendments 22
3 Explanatory details 23
Version No.002
Special Investigator Repeal Act 2023
No. 31 of 2023
Version incorporating amendments as at
2 February 2026
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to repeal the Special Investigator Act 2021; and
(b) to abolish the Office of the Special Investigator; and
(c) to make necessary transitional arrangements; and
(d) to continue in operation certain offences; and
(e) to make consequential and related amendments to other Acts.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 30 June 2024, it comes into operation on that day.
3 Act binds the Crown
(1) This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.
(2) The Crown is a body corporate for the purposes of this Act and the regulations.
Part 2—Repeal of Special Investigator Act 2021
Division 1—Repeal
4 Repeal
The Special Investigator Act 2021 is repealed.
Division 2—Office of the Special Investigator
5 Office of the Special Investigator abolished
The Office of the Special Investigator established by section 6 of the Special Investigator Act 2021 is abolished.
6 Special Investigator appointment revoked
A person holding office as the Special Investigator under the Special Investigator Act 2021 immediately before the commencement of this Part—
(a) ceases to hold that office; and
(b) is not entitled to any remuneration or compensation because of the loss of that office.
7 Transfer of assets and liabilities
(1) All assets, property and rights vested in or held by the Office of the Special Investigator immediately before the commencement of this Part vest, by force of this subsection, in the State.
(2) All liabilities of the Office of the Special Investigator, including contingent, prospective or inchoate liabilities, existing immediately before the commencement of this Part become, by force of this subsection, liabilities of the State.
(3) The State, by force of this subsection, is substituted as a party to any current contract, agreement, lease, memorandum of understanding or other arrangement to which the Office of the Special Investigator was a party immediately before the commencement of this Part.
(4) Subsection (3) does not limit or affect the operation of a termination provision in the contract, agreement, lease, memorandum of understanding or other arrangement.
8 Transfer of proceedings, etc.
(1) The State, by force of this subsection, is substituted as a party to any proceeding to which the Office of the Special Investigator was a party immediately before the commencement of this Part.
(2) The State, by force of this subsection, is substituted as the addressee for any subpoena issued in a proceeding to the Office of the Special Investigator or an OSI officer to give evidence or produce documents in that proceeding.
9 Transfer of records
(1) Except as provided under this or any other Act, all records held by the Office of the Special Investigator immediately before the commencement of this Part are to be transferred to the public office that is the Department of Justice and Community Safety unless the
Attorney-General, by instrument, determines that they are to be transferred to another public office.
Note
Public interest disclosures are transferred to the IBAC under section 57(2).
(2) Despite section 8A of the Public Records Act 1973, the public office that is the Department of Justice and Community Safety or other public office (as the case requires) must cause any record of the Office of the Special Investigator that the Keeper of Public Records has selected as worthy of preservation to be transferred to the custody of the Public Record Office as soon as reasonably practicable after receiving it.
(3) Records transferred to the public office that is the Department of Justice and Community Safety, another public office or the Public Record Office under this section are to be held and dealt with on the same basis, and in the same manner, as the basis on which they were held, and the manner in which they could be dealt with, by the Office of the Special Investigator.
(4) This section is subject to any arrangements made under section 2B(b) of the Public Records Act 1973.
(5) In this section—
Keeper of Public Records has the same meaning as in the Public Records Act 1973;
public office has the same meaning as in the Public Records Act 1973;
Public Record Office means the office established by section 3 of the Public Records Act 1973.
10 Final report
(1) Despite anything to the contrary in the Financial Management Act 1994, the Secretary to the Department of Justice and Community Safety must ensure that the following is prepared, in accordance with Part 7 of that Act—
(a) a report of the operations of the Office of the Special Investigator during the period beginning on 1 July 2023 and ending on the day that this Part commences;
(b) financial statements of the Office of the Special Investigator for that period.
(2) The report under subsection (1)(a) must include, for the period beginning on 1 July 2023 and ending on the day that this Part commences—
(a) the number of investigations carried out by the Office of the Special Investigator under Divisions 1 and 2 of Part 3 of the Special Investigator Act 2021 as in force immediately before its repeal; and
(b) the matters specified in section 69 of the Public Interest Disclosures Act 2012.
(3) The report and financial statements prepared under subsection (1) must be incorporated in and consolidated with those of the Department of Justice and Community Safety for the financial year that includes the day that this Part commences.
Division 3—Transitional and savings provisions
11 Continued immunity of former OSI officers
Despite the repeal of the Special Investigator Act 2021, section 26 of that Act as in force immediately before its repeal continues in operation as if—
(a) it had not been repealed; and
(b) a reference to "OSI officer" included a reference to "a person who was at any time an OSI officer".
12 Continued prohibition on compelling former OSI officers as witnesses
Despite the repeal of the Special Investigator Act 2021, section 76 of that Act as in force immediately before its repeal continues in operation as if—
(a) it had not been repealed; and
(b) a reference to "OSI officer" included a reference to "a person who was at any time an OSI officer".
13 Continued offence—Unauthorised use or disclosure of Office of Special Investigator information
Despite the repeal of the Special Investigator Act 2021, section 89 of that Act as in force immediately before its repeal continues in operation, and that offence continues to apply, as if section 89 had not been repealed.
14 Continued offence—Offence to cause or threaten harm or detriment to person who assists Office of the Special Investigator or OSI officer
Despite the repeal of the Special Investigator Act 2021, section 90 of that Act as in force immediately before its repeal continues in operation, and that offence continues to apply, as if section 90 had not been repealed.
15 Continued application of certain provisions
For the purposes of sections 89 and 90 as continued under this Division, the following sections of the Special Investigator Act 2021 as in force immediately before its repeal continue to apply despite their repeal—
(a) sections 93, 94, 95 and 96;
(b) any other sections necessary to give effect to those sections and the continued offences.
16 Freedom of information
(1) If before the commencement of this Part—
(a) a request was made to the Office of the Special Investigator under the Freedom of Information Act 1982 for access to a document; and
(b) the Office of the Special Investigator has not dealt with that request—
the request, on the commencement of this Part, is taken to be transferred under section 18(2) of the Freedom of Information Act 1982 to the agency that is the Department of Justice and Community Safety.
(2) For the purposes of an application under section 49A or 50 of the Freedom of Information Act 1982, a decision of the Office of the Special Investigator is taken to be a decision of the Secretary to the Department of Justice and Community Safety.
S. 17 repealed by No. 31/2023 s. 17(4).
Part 3—Consequential amendment of Victorian Inspectorate Act 2011
Division 1—Amendment of Victorian Inspectorate Act 2011
18 Definitions
In section 3(1) of the Victorian Inspectorate Act 2011, the definitions of Office of the Special Investigator, OSI officer, OSI personnel and Special Investigator are repealed.
19 Objects of Act
In section 5 of the Victorian Inspectorate Act 2011—
(a) in paragraph (i), for "officers; and" substitute "officers.";
(b) paragraph (j) is repealed.
20 Functions of the Victorian Inspectorate
Section 11(8) of the Victorian Inspectorate Act 2011 is repealed.
21 Delegation
Section 27(1)(lc) of the Victorian Inspectorate Act 2011 is repealed.
22 Disclosure of information by the Victorian Inspectorate
Section 36A(3)(ea) of the Victorian Inspectorate Act 2011 is repealed.
23 Complaints
Section 43(11) and (12) of the Victorian Inspectorate Act 2011 are repealed.
24 Investigation of complaint
(1) Section 44(6C) of the Victorian Inspectorate Act 2011 is repealed.
(2) In section 44(7) of the Victorian Inspectorate Act 2011, for "(6A), (6B) and (6C)" substitute "(6A) and (6B)".
25 Own motion investigation
Section 46(7) of the Victorian Inspectorate Act 2011 is repealed.
26 Conduct of investigation
(1) Section 47(4D) and (9A) of the Victorian Inspectorate Act 2011 are repealed.
(2) In section 47(10) of the Victorian Inspectorate Act 2011, for "(4A)(d), (4B)(d) or (4D)(d)" substitute "(4A)(d) or (4B)(d)".
27 Requirement to provide assistance
Section 48(8) of the Victorian Inspectorate Act 2011 is repealed.
28 Persons to provide assistance
In section 48E of the Victorian Inspectorate Act 2011, for "Ombudsman, the Chief Examiner and the Office of the Special Investigator" substitute "Ombudsman and the Chief Examiner".
29 Conduct of inquiry
In section 50(d) of the Victorian Inspectorate Act 2011, for "premises, VAGO premises or Office of the Special Investigator" substitute "premises or VAGO".
30 Content and form of witness summons
In section 54(4) of the Victorian Inspectorate Act 2011—
(a) paragraph (g)(viii) is repealed;
(b) in paragraph (i), for "Commissioner, a member of Victoria Police personnel or an OSI personnel," substitute "Commissioner or a member of Victoria Police personnel,".
31 Legal representation of witnesses and other persons
In section 58(2)(c) and (d) and (8)(c) and (d) of the Victorian Inspectorate Act 2011, for "Inspectorate, the Office of the Victorian Information Commissioner or the Office of the Special Investigator" substitute "Inspectorate or the Office of the Victorian Information Commissioner".
32 Powers of entry, inspection and seizure
Section 63(13) and (14) of the Victorian Inspectorate Act 2011 are repealed.
33 Act applies equally to attendance in person or by audio visual link or audio link
In section 67A(1)(b) and (2)(b) of the Victorian Inspectorate Act 2011, for "(4A)(d), (4B)(d) or (4D)(d)" substitute "(4A)(d) or (4B)(d)".
34 Privileges and secrecy generally
Section 68(13) and (14) of the Victorian Inspectorate Act 2011 are repealed.
35 Sections 85H and 85I repealed
Sections 85H and 85I of the Victorian Inspectorate Act 2011 are repealed.
36 Recommendations must not include information likely to identify person who makes an assessable disclosure
In section 86(1) of the Victorian Inspectorate Act 2011, for "85F, 85G, 85H or 85I" substitute "85F or 85G".
37 Special reports
Section 87(6B) of the Victorian Inspectorate Act 2011 is repealed.
38 Advice to a complainant
(1) In section 88(1)(b) of the Victorian Inspectorate Act 2011, for "85, 85E or 85H(1) or (3)" substitute "85 or 85E".
(2) Section 88(3)(ib) of the Victorian Inspectorate Act 2011 is repealed.
39 Outcome of investigation
Section 89(9) of the Victorian Inspectorate Act 2011 is repealed.
40 Matters to be included in annual report
(1) In section 91(1) of the Victorian Inspectorate Act 2011—
(a) in paragraph (v), for "taken;" substitute "taken.";
(b) paragraph (w) is repealed.
(2) Section 91(9B) of the Victorian Inspectorate Act 2011 is repealed.
41 Exemption from Freedom of Information Act 1982
In section 102(2) of the Victorian Inspectorate Act 2011, in the definition of relevant person or body—
(a) in paragraph (q), for "officer;" substitute "officer.";
(b) paragraphs (r) and (s) are repealed.
42 Regulations—specific matters
In section 104(j) of the Victorian Inspectorate Act 2011, omit "or 85I(3)(g)".
Division 2—Transitional and savings provisions
43 Victorian Inspectorate may continue to receive complaints for further 6 months
(1) Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Victorian Inspectorate Act 2011 by this Part, a person may make a complaint in accordance with section 43(11) of that Act as in force immediately before its amendment.
(2) A complaint referred to in subsection (1) must be made within 6 months after the commencement of this Part.
(3) For the purposes of subsection (1), the following sections of the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part continue to apply as if those sections had not been amended or repealed—
(a) section 3(1);
(b) section 11(8)(b);
(c) section 43(11) and (12);
(d) any other sections that are necessary for the operation of a section specified in paragraph (a) to (c) or for the Victorian Inspectorate to properly receive the person's complaint.
(4) In subsection (3), a reference to a section includes a regulation made for the purposes of that section.
44 Victorian Inspectorate may continue to report on actions taken for further 6 months
Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Victorian Inspectorate Act 2011 by this Part, section 91(1)(w) of the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part continues to apply for 6 months after the commencement of this Part as if it had not been repealed.
45 Victorian Inspectorate may continue to investigate conduct for further 18 months
(1) Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Victorian Inspectorate Act 2011 by this Part, the Victorian Inspectorate may investigate the conduct of the Office of the Special Investigator and OSI personnel up to 18 months after the commencement of this Part.
(2) For the purposes of subsection (1), the following sections of the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part continue to apply as if those sections had not been amended or repealed—
(a) section 3(1);
(b) section 11(8)(c) and (d);
(c) section 46(7);
(d) section 47(4D), as if a reference to "the records of the Office of the Special Investigator" included a reference to "the records transferred in accordance with section 9 of the Special Investigator Repeal Act 2023";
(e) section 47(10);
(f) section 54(4)(g)(viii), as if a reference to "the Office of the Special Investigator" included a reference to "the Crown";
(g) section 54(4)(i);
(h) section 67A(1)(b) and (2)(b);
(i) section 68(13);
(j) section 68(14), as if a reference to "the Special Investigator" or "the Office of the Special Investigator" included a reference to "the Crown";
(k) any other sections that are necessary for the operation of a section specified in paragraphs (a) to (j) or for the Victorian Inspectorate to effectively investigate the conduct.
(3) In subsection (2), a reference to a section includes a regulation made for the purposes of that section.
46 Victorian Inspectorate may continue to make recommendations and report on investigations for further 2 years
(1) Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Victorian Inspectorate Act 2011 by this Part, the Victorian Inspectorate may report on, and make recommendations in relation to, an investigation into the conduct of the Office of the Special Investigator and OSI personnel until the second anniversary of the commencement of this Part.
(2) For the purposes of subsection (1), the following sections of the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part continue to apply as if those sections had not been amended or repealed—
(a) section 3(1);
(b) section 11(8)(e), as if a reference to "paragraphs (a), (b), (c) and (d)" were a reference to "paragraphs (b), (c) and (d)";
(c) section 85H(1) to (3), as if a reference to "the Office of the Special Investigator" were a reference to "the Attorney-General";
(d) section 85I(3);
(e) section 86;
(f) section 89(9)(a) and (c) to (m), as if a reference to "the Office of the Special Investigator" were a reference to "the Attorney-General";
(g) section 104(j);
(h) any other sections that are necessary for the operation of a section specified in paragraphs (a) to (g) or for the Victorian Inspectorate to effectively report on and make recommendations in relation to an investigation.
(3) In subsection (2), a reference to a section includes a regulation made for the purposes of that section.
47 Access to records
The Victorian Inspectorate may access, receive, assess and deal with the records of the Office of the Special Investigator for the purposes of performing its functions under the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part regardless of who is the custodian of those records.
48 Continued exemption from Freedom of Information Act 1982
Despite the amendment of the Victorian Inspectorate Act 2011 by this Part, paragraph (r) of the definition of relevant person or body in section 102(2) of that Act continues to apply in respect of a document transferred to the public office that is the Department of Justice and Community Safety under section 9 of this Act as if a reference in paragraph (r) of the definition of relevant person or body in section 102(2) to "the Office of the Special Investigator" were a reference to "the Department of Justice and Community Safety".
Division 3—Repeal of this Part
49 Repeal of this Part
This Part is repealed on the third anniversary of its commencement.
Note
The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
Pt 4 (Headings and ss 50–58) repealed by No. 31/2023 s. 58.
Pt 5 (Headings and ss 59–72) repealed by No. 31/2023 s. 72.
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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.
Minister's second reading speech—
Legislative Assembly: 4 October 2023
Legislative Council: 19 October 2023
The long title for the Bill for this Act was "A Bill for an Act to repeal the Special Investigator Act 2021 and to abolish the Office of the Special Investigator, to make necessary transitional arrangements, to continue in operation certain offences, to make consequential and related amendments to other Acts and for other purposes."
The Special Investigator Repeal Act 2023 was assented to on 8 November 2023 and came into operation on 2 February 2024: Special Gazette (No. 687) 19 December 2023 page 1.
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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Special Investigator Repeal Act 2023 by Acts and subordinate instruments.