Victorian Current Acts

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INQUIRIES ACT 2014


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose and overview  
   2.      Commencement  
   3.      Definitions  
   4.      Act binds the Crown  

   PART 2--ROYAL COMMISSIONS

           Division 1--Establishment of Royal Commissions

   5.      Establishment of Royal Commission by letters patent  
   6.      Publication of letters patent  
   7.      Concurrent Royal Commissions  
   8.      Relationship with the Royal prerogative  

           Division 2--Arrangements to facilitate Royal Commissions

   9.      Staffing and services  
   10.     Certain public sector values do not apply to Royal Commission staff  
   11.     Expenses and financial obligations of Royal Commission  

           Division 3--Conduct of inquiries by Royal Commissions

   12.     Manner of inquiry of Royal Commission  
   13.     Commissioners may act separately  
   14.     Evidence  
   15.     Participation in Royal Commission inquiries  
   16.     Practice directions, statements and notes  

           Division 4--Powers of Royal Commissions for production of documents and other things and obtaining evidence

   17.     Power to compel production of documents and other things or attendance of witness  
   18.     Variation or revocation of notice to produce or notice to attend  
   19.     Service of notice to produce or notice to attend  
   20.     Witness already in custody  
   21.     Power to take evidence on oath or affirmation  
   22.     Powers in relation to documents and other things  
   23.     Failure to comply with notice or requirement  

           Division 5--Control of proceedings and publication of information and evidence

   24.     Access to Royal Commission proceedings  
   25.     Power to expel persons who disrupt proceedings  
   26.     Restriction on publication of information relating to Royal Commission inquiries  

           Division 6--Entry, search and seizure powers of Royal Commissions

   27.     Authorised officers  
   28.     Search warrant  
   29.     Procedure for executing search warrant  
   30.     Copies or receipts to be given for documents or other things  
   31.     Return of documents and other things  

           Division 7--Application of privileges and statutory secrecy to Royal Commissions

   32.     Legal professional privilege does not apply  
   33.     Privilege against self-incrimination does not apply  
   34.     Statutory secrecy and confidentiality provisions  

           Division 8--Reports of Royal Commissions

   35.     Report of Royal Commission  
   36.     Adverse findings  
   37.     Tabling of Royal Commission report  

           Division 9--Protection from legal liability

   38.     Compellability of commissioners  
   39.     Protection of participants  

           Division 10--Royal Commissions and courts

   40.     Admissibility of answers, information, documents and other things  
   41.     Referral of questions of law to Supreme Court  

           Division 11--Assistance for witnesses

   42.     Costs of attending Royal Commission  

           Division 12--Confidentiality, sharing and use of information

   43.     Confidentiality for Royal Commission officers  
   44.     Disclosure or provision of information by commissioners or authorised persons  
   45.     Taking advantage of information  

           Division 13--Offences

   46.     Offence to fail to comply with a notice to produce or attend  
   47.     Offence to fail to take oath, make affirmation or answer question  
   48.     Offence to contravene exclusion or restriction orders  
   49.     Offence to hinder, obstruct or cause serious disruption to proceeding  
   50.     Offence to make false or misleading statements or produce false or misleading documents or other things  
   51.     Offence of taking detrimental action against workers  
   52.     Offence of taking detrimental action against commissioners  

   PART 3--BOARDS OF INQUIRY

           Division 1--Establishment of Boards of Inquiry

   53.     Establishment of Board of Inquiry by Order in Council  
   54.     Concurrent Boards of Inquiry  
   55.     Conversion of Board of Inquiry into a Royal Commission  

           Division 2--Arrangements to facilitate Boards of Inquiry

   56.     Staffing and services  
   57.     Certain public sector values do not apply to Board of Inquiry staff  
   58.     Expenses and financial obligations of Board of Inquiry  

           Division 3--Conduct of inquiries by Boards of Inquiry

   59.     Manner of inquiry of Board of Inquiry  
   60.     Members may act separately  
   61.     Evidence  
   62.     Participation in Board of Inquiry inquiries  
   63.     Practice directions, statements and notes  

           Division 4--Powers of Boards of Inquiry for production of documents and other things and obtaining evidence

   64.     Power to compel production of documents and other things or attendance of witness  
   65.     Variation or revocation of notice to produce or notice to attend  
   66.     Service of notice to produce or notice to attend  
   67.     Witness already in custody  
   68.     Power to take evidence on oath or affirmation  
   69.     Powers in relation to documents and other things  
   70.     Failure to comply with notice or requirement  

           Division 5--Control of proceedings and publication of information and evidence

   71.     Access to Board of Inquiry proceedings  
   72.     Power to expel persons who disrupt proceedings  
   73.     Restriction on publication of information relating to Board of Inquiry inquiries  

           Division 6--Application of statutory secrecy to Boards of Inquiry

   74.     Statutory secrecy and confidentiality provisions  

           Division 7--Reports of Boards of Inquiry

   75.     Report of Board of Inquiry  
   76.     Adverse findings  
   77.     Tabling of Board of Inquiry report  

           Division 8--Protection from legal liability

   78.     Compellability of members  
   79.     Protection of participants  

           Division 9--Boards of Inquiry and courts

   80.     Admissibility of answers, information, documents and other things  
   81.     Referral of questions of law to Supreme Court  

           Division 10--Assistance for witnesses

   82.     Costs of attending Board of Inquiry  

           Division 11--Confidentiality, sharing and use of information

   83.     Confidentiality for Board of Inquiry officers  
   84.     Disclosure or provision of information by members or authorised persons  
   85.     Taking advantage of information  

           Division 12--Offences

   86.     Offence to fail to comply with a notice to produce or attend  
   87.     Offence to fail to take oath, make affirmation or answer question  
   88.     Offence to contravene exclusion or restriction orders  
   89.     Offence to hinder, obstruct or cause serious disruption to proceeding  
   90.     Offence to make false or misleading statements or produce false or misleading documents or other things  
   91.     Offence of taking detrimental action against workers  
   92.     Offence of taking detrimental action against members  

   PART 4--FORMAL REVIEWS

           Division 1--Establishment of Formal Reviews

   93.     Establishment of Formal Review by instrument  
   94.     Conversion of Formal Review into a Board of Inquiry  
   95.     Conversion of Formal Review into a Royal Commission  

           Division 2--Arrangements to facilitate Formal Reviews

   96.     Staffing and services  
   97.     Certain public sector values do not apply to Formal Review staff  
   98.     Expenses and financial obligations of Formal Review  

           Division 3--Conduct of Formal Review inquiries

   99.     Manner of inquiry of Formal Review  
   100.    Members may act separately  
   101.    Evidence  
   102.    Participation in Formal Review inquiries  
   103.    Practice directions, statements and notes  

           Division 4--Control of proceedings and publication of information and evidence

   104.    Access to Formal Review proceedings  
   105.    Power to expel persons who disrupt proceedings  
   106.    Restriction on publication of information relating to Formal Review inquiries  

           Division 5--Reports of Formal Reviews

   107.    Report of Formal Review  
   108.    Adverse findings  
   109.    Tabling of Formal Review report  

           Division 6--Protection from legal liability

   110.    Compellability of members  
   111.    Protection of participants  

           Division 7--Formal Reviews and courts

   112.    Admissibility of answers, information, documents and other things  
   113.    Referral of questions of law to Supreme Court  

           Division 8--Assistance for witnesses

   114.    Costs of attending Formal Review  

           Division 9--Confidentiality, sharing and use of information

   115.    Confidentiality for Formal Review officers  
   116.    Disclosure or provision of information by members or authorised persons  
   117.    Taking advantage of information  

           Division 10--Offences

   118.    Offence to contravene exclusion or restriction orders  
   119.    Offence to hinder, obstruct or cause serious disruption to proceeding  
   120.    Offence to make false or misleading statements or produce false or misleading documents or other things  
   121.    Offence of taking detrimental action against workers  
   122.    Offence of taking detrimental action against members  

   PART 5--GENERAL

           Division 1--General provisions for inquiries

   123.    Powers of Royal Commissions and Boards of Inquiry  
   124.    Transfer of records  
   125.    Exemption from Freedom of Information Act 1982  
   126.    Continuity of inquiries  

           Division 2--Ancillary provisions for offences

   127.    Definitions  
   128.    Criminal liability of officers of bodies corporate—accessorial liability  
   129.    Offences by bodies corporate  
   130.    Maximum fine for bodies corporate  
   131.    Responsible agency for the Crown  
   132.    Proceedings against successors to public bodies  

           Division 3--Regulations

   133.    Regulations  

   PART 7--TRANSITIONAL

   150.    Inquiries by commissions and boards under Part IVA of the Constitution Act 1975  
           SCHEDULE 1
           ENDNOTES


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