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SPECIAL INVESTIGATOR ACT 2021 (NO. 50 OF 2021)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Meaning of Royal Commission record
5. Act binds the Crown
PART 2--OFFICE OF THE SPECIAL INVESTIGATOR
Division 1--Establishment, functions and powers
6. Establishment of Office of the Special Investigator
7. Official seal
8. Constitution of Office of the Special Investigator
9. Functions of Office of the Special Investigator
10. Powers of Office of the Special Investigator
11. Office of the Special Investigator not subject to direction or control
Division 2--Special Investigator and OSI officers
12. Appointment of Special Investigator
13. Terms and conditions
14. Salary sacrifice
15. Vacancy and resignation
16. Removal of Special Investigator
17. Suspension of Special Investigator
18. Declaration of inability to act
19. Acting appointment
20. Oath or affirmation of office
21. Delegation
22. Staff
23. Consultants
24. Oath and affirmation by staff and consultants
25. Obligation to avoid actual or perceived conflicts of interest
26. Immunity of OSI officers
27. Appointment of investigating OSI officers
28. Identity cards
PART 3--INVESTIGATION AND ENFORCEMENT
Division 1--Criminal investigations
29. Investigations into the commission of offences
30. Power to require person to state name and address
31. Search warrants
32. Search warrant may authorise direction to person to provide assistance with computer or network
33. Further order to provide assistance with computer or network
34. Announcement before entry
35. Details of warrant to be given to occupier
36. Privilege claims in relation to search warrants
37. Arrest warrants—Part 5 offences
38. Warrant to arrest under Criminal Procedure Act 2009
39. Report to Victorian Inspectorate on issue of arrest warrants
40. Brief of evidence may be provided to DPP
41. Commencement of criminal proceedings and prosecution of persons for offences
Division 2--Disciplinary investigations
42. Investigations into breach of discipline by police officers
43. Power to require information, documents and answers
44. Privilege against self-incrimination abrogated
45. Requirement to report to Victorian Inspectorate after direction given
46. Breach of discipline charges
47. Form of breach of discipline charge
48. Referral of breach of discipline charge to person authorised by Chief Commissioner
49. Inquiry and determination of breach of discipline charge
50. Notification of related investigations and charges
51. Sharing of information and evidence
52. Chief Commissioner to report on breach of discipline charge outcomes
53. Powers of Chief Commissioner, etc. not otherwise limited
Division 3--General
54. Criminal and disciplinary investigations may be conducted concurrently
55. Investigation when other proceedings on foot
56. Request for information by Victorian Inspectorate
57. Referral of improper conduct to Chief Commissioner
58. Making of public interest disclosures
59. Duty to investigate public interest complaints referred by IBAC
60. Investigation procedures
61. Public interest complainant may request information about investigation
62. Public interest complainant to be informed of investigation outcome
63. Information not to be disclosed to public interest complainant in certain cases
64. Chief Commissioner may be notified of public interest disclosure or complaint
65. Complaints about OSI officers
PART 4--INFORMATION--ROYAL COMMISSION RECORDS, IBAC RECORDS AND OTHER DOCUMENTS
Division 1--Royal Commission records
66. Access to Royal Commission records
67. Retention, management and storage of Royal Commission records
68. Information acquired by Royal Commission officers engaged under this Act
Division 2--IBAC records
69. Provision of IBAC records
70. Notification by the IBAC of Public Interest Disclosures Act 2012 protections
71. Retention, management and storage of IBAC records
72. Information acquired by current or former IBAC Officers engaged under this Act
Division 3--Protected documents received from IBAC
73. Provision of protected document or other thing by IBAC
74. Referral of production requests in relation to proceedings, processes or actions other than criminal proceedings
75. Referral of production and inspection requests in respect of criminal proceedings
76. Compellability of OSI officers as witnesses
Division 4--Use of privileged documents
77. Application to Supreme Court to determine privilege in respect of document or thing
78. Notice given to Attorney-General in some circumstances—document or thing
79. Determination of privilege claims—document or thing
80. Offence to open sealed or secured document
81. Notification regarding use of Royal Commission records and IBAC records
82. Application to Supreme Court to determine privilege claim in respect of relevant records
83. Notice given to Attorney-General in some circumstances—relevant record
84. Application to Supreme Court to determine whether secrecy provision applies
85. Determination of privilege claims—relevant record
86. Determination of secrecy provision claims
PART 5--OFFENCES
87. Offence to hinder or obstruct Office of the Special Investigator or OSI officer
88. Statement which is false or misleading
89. Unauthorised use or disclosure of Office of Special Investigator information
90. Offence to cause or threaten harm or detriment to person who assists Office of the Special Investigator or OSI officer
91. Destruction or concealing of evidence
92. Corporate criminal responsibility for offence against section 91
93. Responsible agency for the Crown
94. Proceeding against successors to public bodies
95. Liability of officers of partnerships and unincorporated bodies or associations
96. Maximum fine for body corporate
PART 6--GENERAL
97. Implementation Monitor reporting
98. Annual report
99. Special reports
100. Tabling of special reports
101. Regulations
102. Access to Royal Commission records—validation
PART 7--CONSEQUENTIAL AMENDMENT OF OTHER ACTS
Division 1--Amendment of Victorian Inspectorate Act 2011
103. Definitions
104. Objects of Act
105. Functions of the Victorian Inspectorate
106. Delegation
107. Disclosure of information by the Victorian Inspectorate
108. Complaints
109. Investigation of complaint
110. Own motion investigation
111. Conduct of investigation
112. Requirement to provide assistance
113. Persons to provide assistance
114. Conduct of inquiry
115. Content and form of witness summons
116. Legal representation of witnesses and other persons
117. Powers of entry, inspection and seizure
118. Act applies equally to attendance in person or by audio visual link or audio link
119. Privileges and secrecy generally
120. New sections 85H and 85I inserted
121. Recommendations must not include information likely to identify person who makes an assessable disclosure
122. Special reports
123. Advice to a complainant
124. Outcome of investigation
125. Matters to be included in annual report
126. Exemption from Freedom of Information Act 1982
127. Regulations—specific matters
Division 2--Amendment of Independent Broad-based Anti‑corruption Commission Act 2011
128. Definitions
129. Unauthorised disclosures or provision of information
130. Conduct of Chief Commissioner of Police, Deputy Chief Commissioner of Police or Assistant Commissioner of Police
131. Referral of complaint or notification for investigation by another person or body
132. Information to be provided with referral
133. New section 101A inserted
Division 3--Amendment of Police Informants Royal Commission Implementation Monitor Act 2021
134. Definitions
135. Functions
Division 4--Amendment of Public Interest Disclosures Act 2012
136. Definitions
137. Persons or bodies to which certain public interest disclosures must be made
138. Notification of disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee
139. Assessment of disclosure and determination by the Victorian Inspectorate
140. Functions and powers of the Victorian Inspectorate
141. Schedule 2—Persons permitted to receive public interest disclosure on behalf of entity
Division 5--Amendment of Public Administration Act 2004
142. What are special bodies?
143. Persons with functions of public service body Head
Division 6--Amendment of Surveillance Devices Act 1999
144. Definitions
Division 7--Amendment of Witness Protection Act 1991
145. Definitions
146. Information not to be disclosed
147. Privilege of matters and things relating to performance of duties in accordance with this Act
Division 8--Repeal of this Part
148. Repeal of this Part
ENDNOTES
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