Victorian Numbered Acts

SPECIAL INVESTIGATOR REPEAL ACT 2023 (NO. 31 OF 2023)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Act binds the Crown  

   PART 2--REPEAL OF SPECIAL INVESTIGATOR ACT 2021

           Division 1--Repeal

   4.      Repeal  

           Division 2--Office of the Special Investigator

   5.      Office of the Special Investigator abolished  
   6.      Special Investigator appointment revoked  
   7.      Transfer of assets and liabilities  
   8.      Transfer of proceedings, etc.  
   9.      Transfer of records  
   10.     Final report  

           Division 3--Transitional and savings provisions

   11.     Continued immunity of former OSI officers  
   12.     Continued prohibition on compelling former OSI officers as witnesses  
   13.     Continued offence—Unauthorised use or disclosure of Office of Special Investigator information  
   14.     Continued offence—Offence to cause or threaten harm or detriment to person who assists Office of the Special Investigator or OSI officer  
   15.     Continued application of certain provisions  
   16.     Freedom of information  
   17.     Regulations dealing with transitional matters  

   PART 3--CONSEQUENTIAL AMENDMENT OF VICTORIAN INSPECTORATE ACT 2011

           Division 1--Amendment of Victorian Inspectorate Act 2011

   18.     Definitions  
   19.     Objects of Act  
   20.     Functions of the Victorian Inspectorate  
   21.     Delegation  
   22.     Disclosure of information by the Victorian Inspectorate  
   23.     Complaints  
   24.     Investigation of complaint  
   25.     Own motion investigation  
   26.     Conduct of investigation  
   27.     Requirement to provide assistance  
   28.     Persons to provide assistance  
   29.     Conduct of inquiry  
   30.     Content and form of witness summons  
   31.     Legal representation of witnesses and other persons  
   32.     Powers of entry, inspection and seizure  
   33.     Act applies equally to attendance in person or by audio visual link or audio link  
   34.     Privileges and secrecy generally  
   35.     Sections 85H and 85I repealed  
   36.     Recommendations must not include information likely to identify person who makes an assessable disclosure  
   37.     Special reports  
   38.     Advice to a complainant  
   39.     Outcome of investigation  
   40.     Matters to be included in annual report  
   41.     Exemption from Freedom of Information Act 1982  
   42.     Regulations—specific matters  

           Division 2--Transitional and savings provisions

   43.     Victorian Inspectorate may continue to receive complaints for further 6 months  
   44.     Victorian Inspectorate may continue to report on actions taken for further 6 months  
   45.     Victorian Inspectorate may continue to investigate conduct for further 18 months  
   46.     Victorian Inspectorate may continue to make recommendations and report on investigations for further 2 years  
   47.     Access to records  
   48.     Continued exemption from Freedom of Information Act 1982  

           Division 3--Repeal of this Part

   49.     Repeal of this Part  

   PART 4--CONSEQUENTIAL AMENDMENT OF PUBLIC INTEREST DISCLOSURES ACT 2012

           Division 1--Amendment of Public Interest Disclosures Act 2012

   50.     Definitions  
   51.     Persons or bodies to which certain public interest disclosures must be made  
   52.     Notification of disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee  
   53.     Assessment of disclosure and determination by the Victorian Inspectorate  
   54.     Functions and powers of the Victorian Inspectorate  
   55.     Schedule 2 amended  

           Division 2--Transitional and savings provisions

   56.     Public interest disclosures to be made to Victorian Inspectorate for further 6 months  
   57.     Public interest disclosures previously made or determined  
   58.     Repeal of this Part  

   PART 5--CONSEQUENTIAL AMENDMENT OF OTHER ACTS

           Division 1--Amendment of Independent Broad‑based Anti-corruption Commission Act 2011

   59.     Definitions  
   60.     Unauthorised disclosures or provision of information  
   61.     Conduct of Chief Commissioner of Police, Deputy Commissioner of Police or Assistant Commissioner of Police  
   62.     Referral of complaint or notification for investigation by another person or body  
   63.     Information to be provided with referral  
   64.     Definitions  
   65.     Functions  

           Division 3--Amendment of Public Administration Act 2004

   66.     What are special bodies?  
   67.     Persons with functions of public service body Head  

           Division 4--Amendment of Surveillance Devices Act 1999

   68.     Definitions  

           Division 5--Amendment of Witness Protection Act 1991

   69.     Definitions  
   70.     Information not to be disclosed  
   71.     Privilege of matters and things relating to performance of duties in accordance with this Act  

           Division 6--Repeal of this Part

   72.     Repeal of this Part  
           ENDNOTES