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Bill homepage (legislation.vic.gov.au)The main purposes of this Act are—
to repeal the Special Investigator Act 2021; and
to abolish the Office of the Special Investigator; and
to make necessary transitional arrangements; and
to continue in operation certain offences; and
to make consequential and related amendments to other Acts.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 30 June 2024, it comes into operation on that day.
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.
The Crown is a body corporate for the purposes of this Act and the regulations.
The Special Investigator Act 2021 is repealed.
The Office of the Special Investigator established by section 6 of the Special Investigator Act 2021 is abolished.
A person holding office as the Special Investigator under the Special Investigator Act 2021 immediately before the commencement of this Part—
ceases to hold that office; and
is not entitled to any remuneration or compensation because of the loss of that office.
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.
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.
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.
Subsection (3) does not limit or affect the operation of a termination provision in the contract, agreement, lease, memorandum of understanding or other arrangement.
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.
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.
(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).
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.
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.
This section is subject to any arrangements made under section 2B(b) of the Public Records Act 1973.
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.
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 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;
financial statements of the Office of the Special Investigator for that period.
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—
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
the matters specified in section 69 of the Public Interest Disclosures Act 2012.
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.
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—
it had not been repealed; and
a reference to "OSI officer" included a reference to "a person who was at any time an OSI officer".
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—
it had not been repealed; and
a reference to "OSI officer" included a reference to "a person who was at any time an OSI officer".
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