1Purpose and overview

(1)

The main purpose of this Act is to provide for the establishment and conduct of inquiries in Victoria.

(2)

In overview, this Act provides for—

(a)

the establishment and conduct of the following types of inquiry—

(i)

Royal Commissions;

(ii)

Boards of Inquiry;

(iii)

Formal Reviews; and

(b)

powers for each type of inquiry; and

(c)

matters relating to privilege, secrecy and protection from liability in relation to inquiries; and

(d)

offences in relation to inquiries.

(3)

However, this Act does not apply to or affect inquiries established otherwise than under this Act.

Note

See sections 8 and 53(3).

2Commencement

(1)

Subject to subsection (3), this Act, other than section 148, comes into operation on a day or days to be proclaimed.

(2)

Section 148 comes into operation on the later of—

(a)

the day on which section 3 comes into operation; and

(b)

the day on which section 158 of the Legal Profession Uniform Law Application Act 2014 comes into operation.

(3)

If a provision of this Act, other than section 148, does not come into operation before 1 August 2015, it comes into operation on that day.

3Definitions

In this Act—

S. 3 def. of Australian legal practitioner repealed by No. 67/2014 s. 148.

* * * * *

authorised officer—see section 27;

Board of Inquiry means a Board of Inquiry established under section 53;

Board of Inquiry officer means a member or a member of staff of a Board of Inquiry;

chairperson—

(a)

of a Royal Commission, means—

(i)

if there is only one commissioner, that commissioner; or

(ii)

if there is more than one commissioner, the commissioner specified in the letters patent establishing the Royal Commission as the commissioner who is to chair the Royal Commission;

(b)

of a Board of Inquiry, means—

(i)

if there is only one member, that member; or

(ii)

if there is more than one member, the member specified in the establishing Order for the Board of Inquiry as the member who is to chair the Board of Inquiry;

(c)

of a Formal Review, means—

(i)

if there is only one member, that member; or

(ii)

if there is more than one member, the member specified in the establishing instrument for the Formal Review as the member who is to chair the Formal Review;

commissioner means a person appointed to constitute a Royal Commission, whether solely or with other persons;

S. 3 def. of contract worker inserted by No. 14/2021 s. 27(a).

contract worker, in relation to a business or other undertaking, means—

(a)

a person who does work for the business or other undertaking under a contract between the person's employer and the person who conducts the business or other undertaking; or

(b)

a person who does work for the business or other undertaking for fee or reward on the person's own account (other than a person who conducts the business or other undertaking);

Court Services Victoria has the same meaning as in the Court Services Victoria Act 2014;

Crown Prosecutor means the Chief Crown Prosecutor, a Senior Crown Prosecutor, a Crown Prosecutor or an Associate Crown Prosecutor appointed under the Public Prosecutions Act 1994;

S. 3 def. of detrimental action inserted by No. 14/2021 s. 27(a).

detrimental action, in relation to an employee, includes dismissal;

Electoral Commissioner has the same meaning as in the Electoral Act 2002;

establishing instrument, in relation to a Formal Review, means the instrument under section 93 establishing the Formal Review;

establishing Order, in relation to a Board of Inquiry, means the Order in Council under section 53 establishing the Board of Inquiry;

Formal Review means a Formal Review established under section 93;

Formal Review officer means a member or a member of staff of a Formal Review;

function includes power and duty;

IBAC has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3 def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 17.1(a)).

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

S. 3 def. of judicial officer substituted by No. 10/2015 s. 12(a).

judicial officer means any of the following—

(a)

a Judge of the Supreme Court;

(b)

a reserve Judge of the Supreme Court;

(c)

an Associate Judge of the Supreme Court;

(d)

a reserve Associate Judge of the Supreme Court;

(e)

a Judge or reserve Judge of the Supreme Court who is appointed or assigned to VCAT;

(f)

a judge of the County Court;

(g)

a reserve judge of the County Court;

(h)

an associate judge of the County Court;

(i)

a reserve associate judge of the County Court;

(j)

a person referred to in paragraph (f) or (g) who is appointed or assigned to VCAT;

(k)

a magistrate;

(l)

a reserve magistrate;

(m)

a magistrate or reserve magistrate who is appointed or assigned to the Children's Court, the Coroners Court or VCAT;

(n)

a reserve coroner;

(o)

a person appointed under section 94 of the Coroners Act 2008;

(p)

a judicial registrar of the Supreme Court, the County Court, the Magistrates' Court, the Children's Court or the Coroners Court;

S. 3 def. of Keeper of Public Records inserted by No. 4/2025 s. 3(a).

Keeper of Public Records means the Keeper of the Public Records referred to in section 6 of the Public Records Act 1973;

S. 3 def. of member amended by No. 10/2015 s. 12(b).

member—

(a)

of a Board of Inquiry, means a person appointed by the establishing Order for the Board of Inquiry;

(b)

of a Formal Review, means a person appointed by the establishing instrument for the Formal Review;

(c)

of VCAT, has the same meaning as member has, in relation to the Tribunal, in section 3 of the Victorian Civil and Administrative Tribunal Act 1998;

member of staff—

(a)

of a Royal Commission, means any staff, consultant or Australian legal practitioner referred to in section 9;

(b)

of a Board of Inquiry, means any staff, consultant or Australian legal practitioner referred to in section 56;

(c)

of a Formal Review, means any staff or consultant referred to in section 96;

S. 3 def. of non-judicial member of VCAT substituted by No. 10/2015 s. 12(c).

non-judicial member of VCAT means a member of VCAT who is not a judicial officer;

notice to attend—

(a)

in relation to a Royal Commission, means a notice served under section 17(1)(b), (c) or (d);

(b)

in relation to a Board of Inquiry, means a notice served under section 64(1)(b), (c) or (d);

notice to produce—

(a)

in relation to a Royal Commission, means a notice served under section 17(1)(a);

(b)

in relation to a Board of Inquiry, means a notice served under section 64(1)(a);

perform a function includes exercise a power;

police gaol has the same meaning as in the Corrections Act 1986;

police officer has the same meaning as in the Victoria Police Act 2013;

prison has the same meaning as in the Corrections Act 1986;

S. 3 def. of Public Record Office inserted by No. 4/2025 s. 3(a).

Public Record Office means the Public Record Office established under section 3 of the Public Records Act 1973;

publish means disseminate or provide access to the public or a section of the public by any means, including by—

(a)

publication in a book, newspaper, magazine or other written publication; or

(b)

broadcast by radio or television; or

(c)

public exhibition; or

(d)

broadcast or electronic communication—

and publication must be construed accordingly;

S. 3 def. of record inserted by No. 4/2025 s. 3(a).

record has the same meaning as in section 2(1) of the Public Records Act 1973;

Royal Commission means a Royal Commission established under section 5, including a Royal Commission referred to in section 55 or 95;

Royal Commission officer means a commissioner or a member of staff of a Royal Commission;

S. 3 def. of Secretary inserted by No. 4/2025 s. 3(a).

Secretary means the Secretary to the Department of Premier and Cabinet;

Victorian court means any of the following—

(a)

the Supreme Court;

(b)

the County Court;

(c)

the Magistrates' Court;

(d)

the Children's Court;

(e)

the Coroners Court;

S. 3 def. of Victorian Inspectorate amended by No. 14/2021 s. 27(b), repealed by No. 31/2024 s. 113(Sch. 1 item 17.1(b)).

* * * * *

S. 3 def. of worker inserted by No. 14/2021 s. 27(a), amended by No. 4/2025 s. 3(b).

worker, in relation to a business or other undertaking, means—

(a)

an employee of the person who conducts the business or other undertaking; or

(b)

a contract worker of the business or other undertaking;

S. 3 def. of Yoorrook Justice Commission inserted by No. 4/2025 s. 3(a).

Yoorrook Justice Commission means the Inquiry conducted by the Commissioners appointed under section 5 by the Letters Patent dated 12 May 2021, a copy of which was published in the Government Gazette on 14 May 2021, and the following amendments to the Letters Patent—

(a)

the amendment dated 25 October 2022, a copy of which was published in the Government Gazette on that date;

(b)

the amendment dated 21 February 2023, a copy of which was published in the Government Gazette on 22 February 2023;

(c)

the amendment dated 4 April 2023, a copy of which was published in the Government Gazette on that date;

(d)

the amendment dated 8 November 2023, a copy of which was published in the Government Gazette on that date;

(e)

the amendment dated 30 January 2024, a copy of which was published in the Government Gazette on 31 January 2024;

S. 3 def. of Yoorrook Justice Commission record closure order inserted by No. 4/2025 s. 3(a).

Yoorrook Justice Commission record closure order means an order made under section 52B;

S. 3 def. of Yoorrook Justice Commission record order inserted by No. 4/2025 s. 3(a).

Yoorrook Justice Commission record order means—

(a)

a Yoorrook Justice Commission record closure order; or

(b)

a Yoorrook Justice Commission record restriction order;

S. 3 def. of Yoorrook Justice Commission record restriction order inserted by No. 4/2025 s. 3(a).

Yoorrook Justice Commission record restriction order means an order made under section 52C(1).

4Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

Note

5Establishment of Royal Commission by letters patent

(1)

The Governor, with the advice of the Premier, may issue a commission by letters patent under the Public Seal of the State appointing one or more natural persons to constitute a Royal Commission to inquire into and report on the terms of reference specified in the letters patent.

(2)

Letters patent issued under this section—

(a)

must specify the following—

(i)

the person or persons appointed to constitute the Royal Commission;

(ii)

if more than one person is appointed, the person who is to chair the Royal Commission;

(iii)

the terms of reference of the Royal Commission; and

(b)

may specify any or all of the following—

(i)

a time by which the Royal Commission is to report on its inquiry;

(ii)

whether the commissioners may perform functions conferred on them under the law of the Commonwealth, another State or a Territory;

(iii)

whether the Royal Commission is authorised to incur expenses and financial obligations to be met from the Consolidated Fund and, if so, the maximum amount of those expenses and obligations;

(iv)

the manner in which the inquiry of the Royal Commission is to be conducted;

(v)

if there is more than one commissioner, which (if any) of the functions of the Royal Commission must be performed by the commissioners jointly and which (if any) may be performed by one or more commissioners separately;

(vi)

any other matter the Governor considers appropriate.

Note

See section 123 for restrictions on the scope and powers of a Royal Commission in relation to certain entities.

6Publication of letters patent

The Premier must cause the letters patent establishing a Royal Commission, and any variation of them, to be published in the Government Gazette as soon as practicable after they are issued or varied.

7Concurrent Royal Commissions

If provided for in the letters patent establishing a Royal Commission, a commissioner may perform any functions that are conferred on the commissioner under the law of the Commonwealth, another State or a Territory in conjunction with the performance of the commissioner's functions under this Act.

8Relationship with the Royal prerogative

Nothing in this Act affects the prerogative of the Crown to issue a commission for an inquiry other than under this Act.

Division 2—Arrangements to facilitate Royal Commissions

9Staffing and services

(1)

There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary for a Royal Commission to perform its functions.

Note

See also section 18 of the Public Administration Act 2004, which provides for delegation powers of a public service body Head under that Act. That section would permit employment functions under that Act to be delegated to the chairperson of a Royal Commission.

(2)

The chairperson of a Royal Commission may—

(a)

enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body; and

(b)

engage persons with suitable qualifications and experience as consultants; and

(c)

engage one or more Australian legal practitioners to assist the Royal Commission as counsel; and

(d)

enter into agreements or arrangements for the provision of any other services to the Royal Commission.

(3)

The engagement of an Australian legal practitioner under subsection (2)(c) may only be made with the approval of the Premier.

(4)

The employment or engagement of members of staff of a Royal Commission may be on any terms and conditions the chairperson considers appropriate and all members of staff are subject to the direction of the chairperson.

(5)

The chairperson of a Royal Commission may, by instrument, delegate to another Royal Commission officer a function under this section, other than this power of delegation.

Note

Section 18(2) of the Public Administration Act 2004 provides for subdelegation of powers delegated under that section.

10Certain public sector values do not apply to Royal Commission staff

If the public sector values referred to in section 7(1)(a)(i) and (c)(iii) of the Public Administration Act 2004 would, but for this section, apply to a member of staff of a Royal Commission, those public sector values do not apply to the member of staff in respect of their employment or engagement with the Royal Commission.

Note

Section 7(1)(a)(i) and (c)(iii) of the Public Administration Act 2004 deal with providing advice to the Government and implementing Government policies and programs.

11Expenses and financial obligations of Royal Commission

(1)

Expenses and financial obligations may be incurred by a Royal Commission to be met from the Consolidated Fund only—

(a)

if authorised by the letters patent establishing the Royal Commission; and

(b)

to the extent of the maximum amount specified in the letters patent.

(2)

The Consolidated Fund is appropriated to the extent necessary to allow expenses and financial obligations to be incurred and met as authorised by subsection (1).

(3)

To avoid doubt, subsection (1) does not prevent—

(a)

the entering into of agreements or arrangements, or the engagement of persons, under section 9 at no cost to the Royal Commission; or

(b)

the incurring of expenses and financial obligations to be met from sources other than the Consolidated Fund.

Division 3—Conduct of inquiries by Royal Commissions

12Manner of inquiry of Royal Commission

A Royal Commission may conduct its inquiry in any manner that it considers appropriate, subject to—

(a)

the requirements of procedural fairness; and

(b)

the letters patent establishing the Royal Commission; and

(c)

this Act, the regulations and any other Act.

Inquiries Act 2014

About this Act

Regulations and instruments made under this Act

Bill & explanatory material

This Act’s bill