Royal Commission means a Royal Commission established under section 5, including a Royal Commission referred to in section 55 or 95; s. 4 Royal Commission officer means a commissioner or a member of staff of a Royal Commission; Victorian court means any of the following— (a) the Supreme Court; (b) the County Court; (c) the Magistrates' Court; (d) the Children's Court; (e) the Coroners Court; Victorian Inspectorate has the same meaning as in the Victorian Inspectorate Act 2011. 4 Act binds the Crown This Act binds the Crown in right of Victoria and, so far as the legislative power of Parliament permits, the Crown in all its other capacities. Note See also sections 8 and 131. __________________ Division 1—Establishment of Royal Commissions 5 Establishment of Royal Commission by letters patent s. 5 (1) The Governor, with the advice of the Premier, may issue a commission by letters patent under the Public Seal of the State appointing one or
(a) any person to appear or otherwise participate in an inquiry; and (b) any person to be legally represented in an inquiry. (2) In allowing a person to appear or participate in an inquiry, or to be legally represented, the Royal Commission may have regard to the following factors— (a) whether the person has any direct or special interest in the subject matter of the inquiry; (b) the likelihood that the Royal Commission may make an adverse finding against the person; (c) the ability of the person to assist the Royal Commission in the inquiry; (d) the age of the person; (e) any other matter the Royal Commission considers relevant. 16 Practice directions, statements and notes (1) A Royal Commission may from time to time issue practice directions, statements or notes in relation to its inquiry. (2) Practice directions, statements or notes issued under subsection (1) must not be inconsistent with the letters patent, this or any other Act or any regulations made under this or any other Act. (3) Practice directions, statements or notes issued under subsection (1) are not legislative instruments within the meaning of the Subordinate Legislation Act 1994. Division 4—Powers of Royal Commissions for production of documents and other things and obtaining evidence
(d) as is otherwise authorised or required under this Act or any other Act. Penalty: 120 penalty units or imprisonment for 12 months. Note Section 128 applies to an offence against this section. 84 Disclosure or provision of information by members or authorised persons s. 84 (1) A member of a Board of Inquiry or a person authorised by a member may at any time provide or disclose any information referred to in section 83, or give any document or other thing, to any person or body if the member or authorised person— (a) considers that the information, document or other thing is relevant to the performance of the functions of the person or body; and (b) considers it appropriate to disclose the information or give the document or other thing to the person or body. (2) If a document or other thing is given to a person or body under subsection (1), the person or body must, at the request of a Board of Inquiry officer, return the document or other thing if it ceases to be reasonably necessary for the person or body to retain the document or other thing for the purposes for which it was given to the person or body. 85 Taking advantage of information (1) This section applies to a person to whom information is given by a Board of Inquiry or a Board of Inquiry officer during the course of the Board of Inquiry's inquiry.
(i) the person or persons appointed to constitute the Formal Review; (ii) if more than one person is appointed, the person who is to chair the Formal Review; (iii) the terms of reference of the Formal Review; and (b) may specify any or all of the following— (i) a time by which the Formal Review is to report on its inquiry; (ii) whether the Formal Review is authorised to incur expenses and financial obligations and, if so, the maximum amount of those expenses and obligations; (iii) the manner in which the inquiry of the Formal Review is to be conducted; (iv) if there is more than one member, which (if any) of the functions of the Formal Review must be performed by the members jointly and which (if any) may be performed by one or more members separately; (v) whether witnesses are entitled to prescribed expenses; (vi) any other matter the Premier or other Minister making the instrument considers appropriate. 94 Conversion of Formal Review into a Board of Inquiry s. 94 (1) The Governor in Council, by Order published in the Government Gazette in accordance with section 53, may convert a Formal Review into a Board of Inquiry.
(a) a Royal Commission established under the Inquiries Act 2014; or (b) a Royal Commission established under the prerogative of the Crown.". 135 Privilege against self-incrimination summons s. 135 Section 144(3) of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed. Division 2—Parliamentary Committees Act 2003 136 New section 37A inserted See: Act No. 110/2003. Reprint No. 2 as at 1 August 2013 and amending Act Nos 70/2013 and 17/2014. LawToday: www. legislation. vic.gov.au After section 37 of the Parliamentary Committees Act 2003 insert— "37A Evidence given in private under section 28(3) (1) Section 37(1) applies to the publishing of evidence given in private under section 28(3) if the Committee has informed the person giving the evidence that it is received by the Committee on the basis that it will be made public. (2) Section 37(2) applies to the publishing of evidence in private under section 28(3) if the Committee has informed the person giving the evidence that it is received by the Committee on the basis that it remain private.". 137 Immunity from review s. 137