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This is a Bill, not an Act. For current law, see the Acts databases.


Special Investigator Repeal Bill 2023

             Special Investigator Repeal Act 2023
                               No.          of 2023


                       TABLE OF PROVISIONS
Clause                                                              Page

Part 1--Preliminary                                                    1
 1       Purposes                                                     1
 2       Commencement                                                 2
 3       Act binds the Crown                                          2
Part 2--Repeal of Special Investigator Act 2021                        3
Division 1--Repeal                                                     3
 4       Repeal                                                       3
Division 2--Office of the Special Investigator                         3
 5       Office of the Special Investigator abolished                 3
 6       Special Investigator appointment revoked                     3
 7       Transfer of assets and liabilities                           3
 8       Transfer of proceedings, etc.                                4
 9       Transfer of records                                          4
 10      Final report                                                 6
Division 3--Transitional and savings provisions                        7
 11 Continued immunity of former OSI officers                         7
 12 Continued prohibition on compelling former OSI officers as
    witnesses                                                         7
 13 Continued offence--Unauthorised use or disclosure of Office of
    Special Investigator information                                  7
 14 Continued offence--Offence to cause or threaten harm or
    detriment to person who assists Office of the Special
    Investigator or OSI officer                                       8
 15 Continued application of certain provisions                       8
 16 Freedom of information                                            8
 17 Regulations dealing with transitional matters                     9
Part 3--Consequential amendment of Victorian Inspectorate Act
2011                                                                  10
Division 1--Amendment of Victorian Inspectorate Act 2011               10
 18 Definitions                                                       10
 19 Objects of Act                                                    10



                                        i
Clause                                                                    Page

 20      Functions of the Victorian Inspectorate                            10
 21      Delegation                                                         10
 22      Disclosure of information by the Victorian Inspectorate            10
 23      Complaints                                                         10
 24      Investigation of complaint                                         11
 25      Own motion investigation                                           11
 26      Conduct of investigation                                           11
 27      Requirement to provide assistance                                  11
 28      Persons to provide assistance                                      11
 29      Conduct of inquiry                                                 11
 30      Content and form of witness summons                                12
 31      Legal representation of witnesses and other persons                12
 32      Powers of entry, inspection and seizure                            12
 33      Act applies equally to attendance in person or by audio visual
         link or audio link                                                 12
 34      Privileges and secrecy generally                                   12
 35      Sections 85H and 85I repealed                                      12
 36      Recommendations must not include information likely to
         identify person who makes an assessable disclosure                 13
 37      Special reports                                                    13
 38      Advice to a complainant                                            13
 39      Outcome of investigation                                           13
 40      Matters to be included in annual report                            13
 41      Exemption from Freedom of Information Act 1982                     14
 42      Regulations--specific matters                                       14
Division 2--Transitional and savings provisions                              14
 43 Victorian Inspectorate may continue to receive complaints for
    further 6 months                                                        14
 44 Victorian Inspectorate may continue to report on actions taken
    for further 6 months                                                    15
 45 Victorian Inspectorate may continue to investigate conduct for
    further 18 months                                                       15
 46 Victorian Inspectorate may continue to make recommendations
    and report on investigations for further 2 years                        16
 47 Access to records                                                       18
 48 Continued exemption from Freedom of Information Act 1982                18
Division 3--Repeal of this Part                                              18
 49 Repeal of this Part                                                     18
Part 4--Consequential amendment of Public Interest Disclosures
Act 2012                                                                    19
Division 1--Amendment of Public Interest Disclosures Act 2012                19
 50 Definitions                                                             19




                                        ii
Clause                                                                  Page

 51 Persons or bodies to which certain public interest disclosures
    must be made                                                          19
 52 Notification of disclosure to the IBAC, the Victorian
    Inspectorate or the Integrity and Oversight Committee                 20
 53 Assessment of disclosure and determination by the Victorian
    Inspectorate                                                          20
 54 Functions and powers of the Victorian Inspectorate                    20
 55 Schedule 2 amended                                                    20
Division 2--Transitional and savings provisions                            20
 56 Public interest disclosures to be made to Victorian Inspectorate
    for further 6 months                                                  20
 57 Public interest disclosures previously made or determined             21
Division 3--Repeal of this Part                                            23
 58 Repeal of this Part                                                   23
Part 5--Consequential amendment of other Acts                              24
Division 1--Amendment of Independent Broad-based Anti-
corruption Commission Act 2011                                            24
 59 Definitions                                                           24
 60 Unauthorised disclosures or provision of information                  24
 61 Conduct of Chief Commissioner of Police, Deputy
    Commissioner of Police or Assistant Commissioner of Police            24
 62 Referral of complaint or notification for investigation by
    another person or body                                                25
 63 Information to be provided with referral                              25
Division 2--Amendment of Police Informants Royal Commission
Implementation Monitor Act 2021                                           25
 64 Definitions                                                           25
 65 Functions                                                             25
Division 3--Amendment of Public Administration Act 2004                    26
 66 What are special bodies?                                              26
 67 Persons with functions of public service body Head                    26
Division 4--Amendment of Surveillance Devices Act 1999                     26
 68 Definitions                                                           26
Division 5--Amendment of Witness Protection Act 1991                       27
 69 Definitions                                                           27
 70 Information not to be disclosed                                       27
 71 Privilege of matters and things relating to performance of duties
    in accordance with this Act                                           27




                                    iii
Clause                                         Page

Division 6--Repeal of this Part                   27
 72 Repeal of this Part                          27
                               ═════════════
Endnotes                                         28
 1       General information                     28




                                    iv
  Special Investigator Repeal Act 2023  
                    No.           of 2023

                            [Assented to                       ]


The Parliament of Victoria enacts:

                Part 1--Preliminary
     1 Purposes
             The main purposes of this Act are--
              (a) to repeal the Special Investigator Act 2021;
                  and
              (b) to abolish the Office of the Special
                  Investigator; and
              (c) to make necessary transitional arrangements;
                  and
              (d) to continue in operation certain offences; and



                              1
         Special Investigator Repeal Act 2023
                   No.       of 2023
                 Part 1--Preliminary


        (e) to make consequential and related
            amendments to other Acts.
2 Commencement
   (1) Subject to subsection (2), this Act comes into
       operation on a day or days to be proclaimed.
   (2) If a provision of this Act does not come into
       operation before 30 June 2024, it comes into
       operation on that day.
3 Act binds the Crown
   (1) 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.
   (2) The Crown is a body corporate for the purposes of
       this Act and the regulations.




                          2
            Special Investigator Repeal Act 2023
                      No.       of 2023
       Part 2--Repeal of Special Investigator Act 2021



Part 2--Repeal of Special Investigator
            Act 2021
                Division 1--Repeal
 4 Repeal
         The Special Investigator Act 2021 is repealed.

Division 2--Office of the Special Investigator
 5 Office of the Special Investigator abolished
         The Office of the Special Investigator established
         by section 6 of the Special Investigator Act 2021
         is abolished.
 6 Special Investigator appointment revoked
         A person holding office as the Special Investigator
         under the Special Investigator Act 2021
         immediately before the commencement of this
         Part--
          (a) ceases to hold that office; and
          (b) is not entitled to any remuneration or
              compensation because of the loss of that
              office.
 7 Transfer of assets and liabilities
     (1) 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.
     (2) 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.




                             3
          Special Investigator Repeal Act 2023
                    No.       of 2023
     Part 2--Repeal of Special Investigator Act 2021


   (3) 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.
   (4) Subsection (3) does not limit or affect the
       operation of a termination provision in the
       contract, agreement, lease, memorandum of
       understanding or other arrangement.
8 Transfer of proceedings, etc.
   (1) 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.
   (2) 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.
9 Transfer of records
   (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).




                            4
       Special Investigator Repeal Act 2023
                 No.       of 2023
  Part 2--Repeal of Special Investigator Act 2021


(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.
(3) 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.
(4) This section is subject to any arrangements made
    under section 2B(b) of the Public Records
    Act 1973.
(5) 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.




                        5
           Special Investigator Repeal Act 2023
                     No.       of 2023
      Part 2--Repeal of Special Investigator Act 2021


10 Final report
    (1) 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) 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;
         (b) financial statements of the Office of the
             Special Investigator for that period.
    (2) 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--
         (a) 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
         (b) the matters specified in section 69 of the
             Public Interest Disclosures Act 2012.
    (3) 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.




                            6
            Special Investigator Repeal Act 2023
                      No.       of 2023
       Part 2--Repeal of Special Investigator Act 2021


Division 3--Transitional and savings provisions
 11 Continued immunity of former OSI officers
         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--
          (a) it had not been repealed; and
          (b) a reference to "OSI officer" included a
              reference to "a person who was at any time
              an OSI officer".
 12 Continued prohibition on compelling former OSI
    officers as witnesses
         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--
          (a) it had not been repealed; and
          (b) a reference to "OSI officer" included a
              reference to "a person who was at any time
              an OSI officer".
 13 Continued offence--Unauthorised use or disclosure
    of Office of Special Investigator information
         Despite the repeal of the Special Investigator
         Act 2021, section 89 of that Act as in force
         immediately before its repeal continues in
         operation, and that offence continues to apply, as
         if section 89 had not been repealed.




                             7
            Special Investigator Repeal Act 2023
                      No.       of 2023
       Part 2--Repeal of Special Investigator Act 2021


14 Continued offence--Offence to cause or threaten
   harm or detriment to person who assists Office of
   the Special Investigator or OSI officer
         Despite the repeal of the Special Investigator
         Act 2021, section 90 of that Act as in force
         immediately before its repeal continues in
         operation, and that offence continues to apply, as
         if section 90 had not been repealed.
15 Continued application of certain provisions
         For the purposes of sections 89 and 90 as
         continued under this Division, the following
         sections of the Special Investigator Act 2021 as
         in force immediately before its repeal continue to
         apply despite their repeal--
          (a) sections 93, 94, 95 and 96;
          (b) any other sections necessary to give effect to
              those sections and the continued offences.
16 Freedom of information
     (1) If before the commencement of this Part--
          (a) a request was made to the Office of the
              Special Investigator under the Freedom of
              Information Act 1982 for access to a
              document; and
          (b) the Office of the Special Investigator has not
              dealt with that request--
         the request, on the commencement of this Part, is
         taken to be transferred under section 18(2) of the
         Freedom of Information Act 1982 to the agency
         that is the Department of Justice and Community
         Safety.




                             8
            Special Investigator Repeal Act 2023
                      No.       of 2023
       Part 2--Repeal of Special Investigator Act 2021


     (2) For the purposes of an application under
         section 49A or 50 of the Freedom of
         Information Act 1982, a decision of the Office of
         the Special Investigator is taken to be a decision
         of the Secretary to the Department of Justice and
         Community Safety.
17 Regulations dealing with transitional matters
     (1) The Governor in Council may make regulations
         containing provisions of a transitional nature,
         including matters of an application or savings
         nature, arising as a result of the enactment of this
         Act (including the repeals and amendments made
         by this Act).
     (2) Regulations made under this section may--
          (a) have a retrospective effect to the date of
              Royal Assent of this Act; and
          (b) be of limited or general application; and
          (c) leave any matter or thing to be decided by a
              specified person or class of person; and
          (d) provide for the exemption of persons or
              proceedings or a class of persons or
              proceedings from any of the regulations
              made under this section.
     (3) Regulations made under this section have effect
         despite anything to the contrary in any Act
         (other than this Act or the Charter of Human
         Rights and Responsibilities Act 2006) or in any
         subordinate instrument.
     (4) This section is repealed on the second
         anniversary of its commencement.




                             9
                Special Investigator Repeal Act 2023
                          No.       of 2023
 Part 3--Consequential amendment of Victorian Inspectorate Act 2011



   Part 3--Consequential amendment of
     Victorian Inspectorate Act 2011
Division 1--Amendment of Victorian Inspectorate
                 Act 2011
  18 Definitions
             In section 3(1) of the Victorian Inspectorate
             Act 2011, the definitions of Office of the Special
             Investigator, OSI officer, OSI personnel and
             Special Investigator are repealed.
  19 Objects of Act
             In section 5 of the Victorian Inspectorate
             Act 2011--
              (a) in paragraph (i), for "officers; and"
                  substitute "officers.";
              (b) paragraph (j) is repealed.
  20 Functions of the Victorian Inspectorate
             Section 11(8) of the Victorian Inspectorate
             Act 2011 is repealed.
  21 Delegation
             Section 27(1)(lc) of the Victorian Inspectorate
             Act 2011 is repealed.
  22 Disclosure of information by the Victorian
     Inspectorate
             Section 36A(3)(ea) of the Victorian Inspectorate
             Act 2011 is repealed.
  23 Complaints
             Section 43(11) and (12) of the Victorian
             Inspectorate Act 2011 are repealed.




                                10
               Special Investigator Repeal Act 2023
                         No.       of 2023
Part 3--Consequential amendment of Victorian Inspectorate Act 2011


 24 Investigation of complaint
       (1) Section 44(6C) of the Victorian Inspectorate
           Act 2011 is repealed.
       (2) In section 44(7) of the Victorian Inspectorate
           Act 2011, for "(6A), (6B) and (6C)" substitute
           "(6A) and (6B)".
 25 Own motion investigation
            Section 46(7) of the Victorian Inspectorate
            Act 2011 is repealed.
 26 Conduct of investigation
       (1) Section 47(4D) and (9A) of the Victorian
           Inspectorate Act 2011 are repealed.
       (2) In section 47(10) of the Victorian Inspectorate
           Act 2011, for "(4A)(d), (4B)(d) or (4D)(d)"
           substitute "(4A)(d) or (4B)(d)".
 27 Requirement to provide assistance
            Section 48(8) of the Victorian Inspectorate
            Act 2011 is repealed.
 28 Persons to provide assistance
            In section 48E of the Victorian Inspectorate
            Act 2011, for "Ombudsman, the Chief Examiner
            and the Office of the Special Investigator"
            substitute "Ombudsman and the Chief
            Examiner".
 29 Conduct of inquiry
            In section 50(d) of the Victorian Inspectorate
            Act 2011, for "premises, VAGO premises or
            Office of the Special Investigator" substitute
            "premises or VAGO".




                               11
               Special Investigator Repeal Act 2023
                         No.       of 2023
Part 3--Consequential amendment of Victorian Inspectorate Act 2011


 30 Content and form of witness summons
            In section 54(4) of the Victorian Inspectorate
            Act 2011--
             (a) paragraph (g)(viii) is repealed;
             (b) in paragraph (i), for "Commissioner, a
                 member of Victoria Police personnel or an
                 OSI personnel," substitute "Commissioner
                 or a member of Victoria Police personnel,".
 31 Legal representation of witnesses and other persons
            In section 58(2)(c) and (d) and (8)(c) and (d) of
            the Victorian Inspectorate Act 2011, for
            "Inspectorate, the Office of the Victorian
            Information Commissioner or the Office of the
            Special Investigator" substitute "Inspectorate or
            the Office of the Victorian Information
            Commissioner".
 32 Powers of entry, inspection and seizure
            Section 63(13) and (14) of the Victorian
            Inspectorate Act 2011 are repealed.
 33 Act applies equally to attendance in person or by
    audio visual link or audio link
            In section 67A(1)(b) and (2)(b) of the Victorian
            Inspectorate Act 2011, for "(4A)(d), (4B)(d) or
            (4D)(d)" substitute "(4A)(d) or (4B)(d)".
 34 Privileges and secrecy generally
            Section 68(13) and (14) of the Victorian
            Inspectorate Act 2011 are repealed.
 35 Sections 85H and 85I repealed
            Sections 85H and 85I of the Victorian
            Inspectorate Act 2011 are repealed.




                               12
               Special Investigator Repeal Act 2023
                         No.       of 2023
Part 3--Consequential amendment of Victorian Inspectorate Act 2011


 36 Recommendations must not include information
    likely to identify person who makes an assessable
    disclosure
            In section 86(1) of the Victorian Inspectorate
            Act 2011, for "85F, 85G, 85H or 85I" substitute
            "85F or 85G".
 37 Special reports
            Section 87(6B) of the Victorian Inspectorate
            Act 2011 is repealed.
 38 Advice to a complainant
       (1) In section 88(1)(b) of the Victorian Inspectorate
           Act 2011, for "85, 85E or 85H(1) or (3)"
           substitute "85 or 85E".
       (2) Section 88(3)(ib) of the Victorian Inspectorate
           Act 2011 is repealed.
 39 Outcome of investigation
            Section 89(9) of the Victorian Inspectorate
            Act 2011 is repealed.
 40 Matters to be included in annual report
       (1) In section 91(1) of the Victorian Inspectorate
           Act 2011--
             (a) in paragraph (v), for "taken;" substitute
                 "taken.";
             (b) paragraph (w) is repealed.
       (2) Section 91(9B) of the Victorian Inspectorate
           Act 2011 is repealed.




                               13
               Special Investigator Repeal Act 2023
                         No.       of 2023
Part 3--Consequential amendment of Victorian Inspectorate Act 2011


 41 Exemption from Freedom of Information Act 1982
            In section 102(2) of the Victorian Inspectorate
            Act 2011, in the definition of relevant person or
            body--
             (a) in paragraph (q), for "officer;" substitute
                 "officer.";
             (b) paragraphs (r) and (s) are repealed.
 42 Regulations--specific matters
            In section 104(j) of the Victorian Inspectorate
            Act 2011, omit "or 85I(3)(g)".

Division 2--Transitional and savings provisions
 43 Victorian Inspectorate may continue to receive
    complaints for further 6 months
       (1) Despite the abolition of the Office of the Special
           Investigator by section 5 and the amendment of
           the Victorian Inspectorate Act 2011 by this Part,
           a person may make a complaint in accordance
           with section 43(11) of that Act as in force
           immediately before its amendment.
       (2) A complaint referred to in subsection (1) must be
           made within 6 months after the commencement of
           this Part.
       (3) For the purposes of subsection (1), the following
           sections of the Victorian Inspectorate Act 2011
           as in force immediately before the commencement
           of this Part continue to apply as if those sections
           had not been amended or repealed--
             (a) section 3(1);
             (b) section 11(8)(b);
             (c) section 43(11) and (12);




                               14
               Special Investigator Repeal Act 2023
                         No.       of 2023
Part 3--Consequential amendment of Victorian Inspectorate Act 2011


             (d) any other sections that are necessary for the
                 operation of a section specified in
                 paragraph (a) to (c) or for the Victorian
                 Inspectorate to properly receive the person's
                 complaint.
       (4) In subsection (3), a reference to a section includes
           a regulation made for the purposes of that section.
 44 Victorian Inspectorate may continue to report on
    actions taken for further 6 months
            Despite the abolition of the Office of the Special
            Investigator by section 5 and the amendment of
            the Victorian Inspectorate Act 2011 by this Part,
            section 91(1)(w) of the Victorian Inspectorate
            Act 2011 as in force immediately before the
            commencement of this Part continues to apply for
            6 months after the commencement of this Part as
            if it had not been repealed.
 45 Victorian Inspectorate may continue to investigate
    conduct for further 18 months
       (1) Despite the abolition of the Office of the Special
           Investigator by section 5 and the amendment of
           the Victorian Inspectorate Act 2011 by this Part,
           the Victorian Inspectorate may investigate the
           conduct of the Office of the Special Investigator
           and OSI personnel up to 18 months after the
           commencement of this Part.
       (2) For the purposes of subsection (1), the following
           sections of the Victorian Inspectorate Act 2011
           as in force immediately before the commencement
           of this Part continue to apply as if those sections
           had not been amended or repealed--
             (a) section 3(1);
             (b) section 11(8)(c) and (d);
             (c) section 46(7);



                               15
               Special Investigator Repeal Act 2023
                         No.       of 2023
Part 3--Consequential amendment of Victorian Inspectorate Act 2011


             (d) section 47(4D), as if a reference to
                 "the records of the Office of the Special
                 Investigator" included a reference to
                 "the records transferred in accordance with
                 section 9 of the Special Investigator Repeal
                 Act 2023";
             (e) section 47(10);
              (f) section 54(4)(g)(viii), as if a reference to
                  "the Office of the Special Investigator"
                  included a reference to "the Crown";
             (g) section 54(4)(i);
             (h) section 67A(1)(b) and (2)(b);
              (i) section 68(13);
              (j) section 68(14), as if a reference to
                  "the Special Investigator" or "the Office of
                  the Special Investigator" included a
                  reference to "the Crown";
             (k) any other sections that are necessary for the
                 operation of a section specified in
                 paragraphs (a) to (j) or for the Victorian
                 Inspectorate to effectively investigate the
                 conduct.
       (3) In subsection (2), a reference to a section includes
           a regulation made for the purposes of that section.
 46 Victorian Inspectorate may continue to make
    recommendations and report on investigations for
    further 2 years
       (1) Despite the abolition of the Office of the Special
           Investigator by section 5 and the amendment of
           the Victorian Inspectorate Act 2011 by this Part,
           the Victorian Inspectorate may report on, and
           make recommendations in relation to, an
           investigation into the conduct of the Office of the
           Special Investigator and OSI personnel until the



                               16
               Special Investigator Repeal Act 2023
                         No.       of 2023
Part 3--Consequential amendment of Victorian Inspectorate Act 2011


            second anniversary of the commencement of this
            Part.
       (2) For the purposes of subsection (1), the following
           sections of the Victorian Inspectorate Act 2011
           as in force immediately before the commencement
           of this Part continue to apply as if those sections
           had not been amended or repealed--
             (a) section 3(1);
             (b) section 11(8)(e), as if a reference to
                 "paragraphs (a), (b), (c) and (d)" were a
                 reference to "paragraphs (b), (c) and (d)";
             (c) section 85H(1) to (3), as if a reference to
                 "the Office of the Special Investigator" were
                 a reference to "the Attorney-General";
             (d) section 85I(3);
             (e) section 86;
              (f) section 89(9)(a) and (c) to (m), as if a
                  reference to "the Office of the Special
                  Investigator" were a reference to
                  "the Attorney-General";
             (g) section 104(j);
             (h) any other sections that are necessary for the
                 operation of a section specified in
                 paragraphs (a) to (g) or for the Victorian
                 Inspectorate to effectively report on and
                 make recommendations in relation to an
                 investigation.
       (3) In subsection (2), a reference to a section includes
           a regulation made for the purposes of that section.




                               17
               Special Investigator Repeal Act 2023
                         No.       of 2023
Part 3--Consequential amendment of Victorian Inspectorate Act 2011


 47 Access to records
             The Victorian Inspectorate may access, receive,
             assess and deal with the records of the Office of
             the Special Investigator for the purposes of
             performing its functions under the Victorian
             Inspectorate Act 2011 as in force immediately
             before the commencement of this Part regardless
             of who is the custodian of those records.
 48 Continued exemption from Freedom of Information
    Act 1982
             Despite the amendment of the Victorian
             Inspectorate Act 2011 by this Part, paragraph (r)
             of the definition of relevant person or body in
             section 102(2) of that Act continues to apply in
             respect of a document transferred to the public
             office that is the Department of Justice and
             Community Safety under section 9 of this Act as
             if a reference in paragraph (r) of the definition of
             relevant person or body in section 102(2) to
             "the Office of the Special Investigator" were a
             reference to "the Department of Justice and
             Community Safety".

             Division 3--Repeal of this Part
 49 Repeal of this Part
             This Part is repealed on the third anniversary of
             its commencement.
      Note
      The repeal of this Part does not affect the continuing operation of
      the amendments made by it (see section 15(1) of the
      Interpretation of Legislation Act 1984).




                                 18
                 Special Investigator Repeal Act 2023
                           No.       of 2023
Part 4--Consequential amendment of Public Interest Disclosures Act 2012



Part 4--Consequential amendment of Public
       Interest Disclosures Act 2012
     Division 1--Amendment of Public Interest
               Disclosures Act 2012
   50 Definitions
              In section 3 of the Public Interest Disclosures
              Act 2012--
                (a) paragraph (i) of the definition of
                    investigating entity is repealed;
               (b) the definitions of Office of the Special
                   Investigator, OSI officer and Special
                   Investigator are repealed.
   51 Persons or bodies to which certain public interest
      disclosures must be made
              In section 14 of the Public Interest Disclosures
              Act 2012--
                (a) in paragraph (b)--
                      (i) in subparagraph (iii), for "Monitor; or"
                          substitute "Monitor;";
                     (ii) subparagraphs (iv) and (v) are
                          repealed;
               (b) for paragraph (d) substitute--
                    "(d) to the IBAC or to Victoria Police, if the
                         disclosure relates to a member of
                         Victoria Police personnel, other than
                         the Chief Commissioner of Police;";
                (c) paragraph (da) is repealed.




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                           No.       of 2023
Part 4--Consequential amendment of Public Interest Disclosures Act 2012


   52 Notification of disclosure to the IBAC, the Victorian
      Inspectorate or the Integrity and Oversight
      Committee
              Section 21(4)(ba) of the Public Interest
              Disclosures Act 2012 is repealed.
   53 Assessment of disclosure and determination by the
      Victorian Inspectorate
              In section 31(1) of the Public Interest
              Disclosures Act 2012, for ", a Public Interest
              Monitor, the Office of the Special Investigator or
              an OSI officer" substitute "or a Public Interest
              Monitor".
   54 Functions and powers of the Victorian Inspectorate
              In section 56(1)(a) of the Public Interest
              Disclosures Act 2012, for ", Public Interest
              Monitors, the Office of the Special Investigator or
              OSI officers" substitute "or Public Interest
              Monitors".
   55 Schedule 2 amended
              In the Table in Schedule 2 to the Public Interest
              Disclosures Act 2012, item 9 is repealed.

 Division 2--Transitional and savings provisions
   56 Public interest disclosures to be made to Victorian
      Inspectorate for further 6 months
         (1) Despite the abolition of the Office of the Special
             Investigator by section 5 and the amendment of
             the Public Interest Disclosures Act 2012 by this
             Part, a public interest disclosure--
                (a) made within 6 months after the
                    commencement of this Part; and




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                 Special Investigator Repeal Act 2023
                           No.       of 2023
Part 4--Consequential amendment of Public Interest Disclosures Act 2012


               (b) relating to the Office of the Special
                   Investigator or a former OSI officer--
              must be made to the Victorian Inspectorate in
              accordance with section 14(b) of the Public
              Interest Disclosures Act 2012 as in force
              immediately before its amendment.
         (2) For the purposes of subsection (1), the following
             sections of the Public Interest Disclosures
             Act 2012 as in force immediately before the
             commencement of this Part apply as if those
             sections had not been amended or repealed--
                (a) section 3;
               (b) section 14(b)(iv) and (v);
                (c) section 21(4)(ba);
               (d) section 31(1);
                (e) section 56(1)(a).
         (3) In subsection (2)--
                (a) a reference in a section to "an OSI officer"
                    includes a reference to "a former OSI
                    officer"; and
               (b) a reference to a section includes a regulation
                   made for the purposes of that section.
   57 Public interest disclosures previously made or
      determined
         (1) Despite the amendment of the Public Interest
             Disclosures Act 2012 by this Part, if a public
             interest disclosure or public interest complaint
             relating to--
                (a) a member of Victoria Police personnel and
                    conduct arising from, or out of, the use of
                    Nicola Maree Gobbo as a human source
                    within the meaning of the Special




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                 Special Investigator Repeal Act 2023
                           No.       of 2023
Part 4--Consequential amendment of Public Interest Disclosures Act 2012


                    Investigator Act 2021 as in force
                    immediately before its repeal; or
               (b) the Office of the Special Investigator or an
                   OSI officer within the meaning of the
                   Special Investigator Act 2021 as in force
                   immediately before its repeal--
              was made or determined before the
              commencement of this Part, the Public Interest
              Disclosures Act 2012 applies in respect of the
              disclosure or complaint as if it had not been so
              amended.
         (2) For the purposes of subsection (1)(a), if a public
             interest disclosure relating to a member of
             Victoria Police personnel was made to the Office
             of the Special Investigator before the
             commencement of this Part and the Office of the
             Special Investigator has not notified the
             appropriate entity of that disclosure--
                (a) the disclosure is taken to have been made to
                    the IBAC; and
               (b) any records or evidence relating to the matter
                   are to be transferred to the IBAC for the
                   IBAC to use and rely on in investigating the
                   matter.
         (3) In this section--
              IBAC means the Independent Broad-based
                  Anti-corruption Commission established
                  under section 12 of the Independent
                  Broad-based Anti-corruption Commission
                  Act 2011.




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                 Special Investigator Repeal Act 2023
                           No.       of 2023
Part 4--Consequential amendment of Public Interest Disclosures Act 2012


               Division 3--Repeal of this Part
   58 Repeal of this Part
               This Part is repealed on the second anniversary of
               its commencement.
        Note
        The repeal of this Part does not affect the continuing operation of
        the amendments made by it (see section 15(1) of the
        Interpretation of Legislation Act 1984).




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              Special Investigator Repeal Act 2023
                        No.       of 2023
         Part 5--Consequential amendment of other Acts



Part 5--Consequential amendment of other
                Acts
     Division 1--Amendment of Independent
Broad-based Anti-corruption Commission Act 2011
   59 Definitions
       (1) In section 3(1) of the Independent Broad-based
           Anti-corruption Commission Act 2011--
            (a) the definition of human source is repealed;
            (b) paragraph (ca) of the definition of
                law enforcement agency is repealed;
            (c) the definition of Office of the Special
                Investigator is repealed;
            (d) in the definition of Royal Commission into
                the Management of Police Informants, after
                "2021" insert "as in force immediately
                before its repeal".
       (2) Section 3(5) of the Independent Broad-based
           Anti-corruption Commission Act 2011 is
           repealed.
   60 Unauthorised disclosures or provision of
      information
           In section 40(d) of the Independent Broad-based
           Anti-corruption Commission Act 2011, for
           ", the Public Interest Disclosures Act 2012 or
           the Special Investigator Act 2021" substitute
           "or the Public Interest Disclosures Act 2012".
   61 Conduct of Chief Commissioner of Police, Deputy
      Commissioner of Police or Assistant Commissioner
      of Police
           Section 65(4) of the Independent Broad-based
           Anti-corruption Commission Act 2011 is
           repealed.


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          Part 5--Consequential amendment of other Acts


   62 Referral of complaint or notification for
      investigation by another person or body
            In section 73 of the Independent Broad-based
            Anti-corruption Commission Act 2011--
             (a) subsection (2)(db) is repealed;
             (b) for subsection (3)(a) substitute--
                  "(a) in the case of a public interest
                       complaint relating to the conduct of a
                       member of Victoria Police personnel--
                       the Chief Commissioner of Police; or".
   63 Information to be provided with referral
        (1) Section 77(2A) of the Independent Broad-based
            Anti-corruption Commission Act 2011 is
            repealed.
        (2) In section 77(3) of the Independent Broad-based
            Anti-corruption Commission Act 2011 omit
            "or (2A)".

Division 2--Amendment of Police Informants Royal
  Commission Implementation Monitor Act 2021
   64 Definitions
            In section 3 of the Police Informants Royal
            Commission Implementation Monitor
            Act 2021, the definition of Office of the Special
            Investigator is repealed.
   65 Functions
            In section 15(1) of the Police Informants Royal
            Commission Implementation Monitor
            Act 2021--
             (a) in paragraph (e)(iii), for "timeframes;"
                 substitute "timeframes.";
             (b) paragraphs (f) and (g) are repealed.



                               25
             Special Investigator Repeal Act 2023
                       No.       of 2023
        Part 5--Consequential amendment of other Acts


Division 3--Amendment of Public Administration
                 Act 2004
  66 What are special bodies?
          Section 6(1)(e) of the Public Administration
          Act 2004 is repealed.
  67 Persons with functions of public service body Head
          Section 16(1)(fc) of the Public Administration
          Act 2004 is repealed.

Division 4--Amendment of Surveillance Devices
                Act 1999
  68 Definitions
          In section 3(1) of the Surveillance Devices
          Act 1999--
           (a) paragraph (g) of the definition of
               chief officer is repealed;
           (b) paragraph (g) of the definition of
               law enforcement agency is repealed;
           (c) paragraph (g) of the definition of
               law enforcement officer is repealed;
           (d) the definition of Office of the Special
               Investigator is repealed;
           (e) paragraph (g) of the definition of
               senior officer is repealed;
            (f) the definition of Special Investigator is
                repealed.




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            Special Investigator Repeal Act 2023
                      No.       of 2023
       Part 5--Consequential amendment of other Acts


Division 5--Amendment of Witness Protection
                Act 1991
69 Definitions
          In section 3(1) of the Witness Protection
          Act 1991, the definition of Office of the Special
          Investigator is repealed.
70 Information not to be disclosed
     (1) Section 10(1)(ba) of the Witness Protection
         Act 1991 is repealed.
     (2) Section 10(4)(ba) of the Witness Protection
         Act 1991 is repealed.
71 Privilege of matters and things relating to
   performance of duties in accordance with this Act
          In section 12(1)(eb) of the Witness Protection
          Act 1991, after "2021" insert "as in force
          immediately before its repeal".

          Division 6--Repeal of this Part
72 Repeal of this Part
          This Part is repealed on the second anniversary of
          its commencement.
   Note
   The repeal of this Part does not affect the continuing operation of
   the amendments made by it (see section 15(1) of the
   Interpretation of Legislation Act 1984).
                 ═════════════




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                        Special Investigator Repeal Act 2023
                                  No.       of 2023
                                         Endnotes



                                     Endnotes
1 General information
  See www.legislation.vic.gov.au for Victorian Bills, Acts and current
  authorised versions of legislation and up-to-date legislative information.
   
      Minister's second reading speech--
      Legislative Assembly:
      Legislative Council:
      The long title for the Bill for this Act was "A Bill for an Act to repeal the
      Special Investigator Act 2021 and to abolish the Office of the Special
      Investigator, to make necessary transitional arrangements, to continue in
      operation certain offences, to make consequential and related
      amendments to other Acts and for other purposes."




                  By Authority. Government Printer for the State of Victoria.




                                             28


 


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