Definitions

In force

In this Act—

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 of Australian legal practitioner repealed by No. 67/2014 s. 148.

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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)).

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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).

This Act’s bill:Explanatory memorandum Second reading speech

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3 Definitions