(2) On an application under subsection (1), the Supreme Court may order the person to comply with the notice or requirement within the period specified by the Court. Note See also sections 46 and 47. Division 5—Control of proceedings and publication of information and evidence 24 Access to Royal Commission proceedings s. 24 (1) A commissioner may make an order excluding any person from a proceeding of the Royal Commission if— (a) prejudice or hardship might be caused to any person, including harm to their safety or reputation; or (b) the nature and subject matter of the proceeding is sensitive; or (c) there is a possibility of any prejudice to legal proceedings; or (d) the conduct of the proceeding would be more efficient and effective; or (e) the commissioner otherwise considers the exclusion appropriate. (2) The Royal Commission must cause a copy of the order to be posted— (a) on a door of the place where the proceeding is being conducted; or
(1) A person on whom a notice to produce or notice to attend in relation to a Board of Inquiry is served may make a claim to the Board of Inquiry— (a) that the person has or will have a reasonable excuse for failing to comply with the notice; or (b) in the case of a notice to produce, or a notice to attend under section 64(1)(b) or (d), that a document or other thing specified in the notice is not relevant to the subject matter of the inquiry. (2) Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to a Board of Inquiry if the information— (a) in the case of a natural person, might tend to incriminate the person or make the person liable to a penalty; or (b) is the subject of parliamentary privilege; or (c) is the subject of legal professional privilege; or (d) is the subject of public interest immunity; or (e) is prohibited from disclosure by a court order; or (f) is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to a Board of Inquiry; or (g) is prohibited from disclosure by a provision of another enactment that is prescribed by the regulations for the purposes of section 74.
Penalty: 120 penalty units or imprisonment for 12 months. Note See section 314 of the Crimes Act 1958 in relation to perjury and section 254 of that Act in relation to the destruction of evidence. (2) A person must not produce a document or other thing to a Board of Inquiry that the person knows to be false or misleading in a material particular unless the person indicates to the Board of Inquiry the respect in which it is false or misleading and, to the extent practicable, provides the correct information. Penalty: 120 penalty units or imprisonment for 12 months. 91 Offence for employers to take detrimental action against employees s. 91 (1) An employer must not dismiss or threaten to dismiss an employee or take or threaten to take any other detrimental action against an employee because— (a) the employee has given information to a Board of Inquiry; or (b) the employer believes that the employee has given or will give information to a Board of Inquiry. Penalty: 120 penalty units or imprisonment for 12 months. Notes 1 See also section 72 of the Criminal Procedure Act 2009, which deals with the evidential burden of proof. 2 Section 128 applies to an offence against this subsection. (2) It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in
(2) An offence against subsection (1) is an indictable offence. 119 Offence to hinder, obstruct or cause serious disruption to proceeding s. 119 A person must not engage in conduct that hinders, obstructs or causes serious disruption to a proceeding of a Formal Review if the person— (a) intends to hinder, obstruct or disrupt the proceeding; or (b) is reckless as to whether the conduct may hinder, obstruct or disrupt the proceeding. Penalty: 120 penalty units or imprisonment for 12 months. 120 Offence to make false or misleading statements or produce false or misleading documents or other things (1) A person must not make a statement to a Formal Review that the person knows to be false or misleading in a material particular. Penalty: 120 penalty units or imprisonment for 12 months. (2) A person must not produce a document or other thing to a Formal Review that the person knows to be false or misleading in a material particular unless the person indicates to the Formal Review the respect in which it is false or misleading and, to the extent practicable, provides the correct information. Penalty: 120 penalty units or imprisonment for 12 months.
(g) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations. s. 133 __________________ Division 1—Independent Broad-based Anti-corruption Commission Act 2011 134 Disclosure or provision of information by the IBAC See: Act No. 66/2011. Reprint No. 1 as at 11 February 2013 and amending Act Nos 66/2011, 79/2012, 5/2013, 28/2013, 63/2013, 67/2013, 70/2013, 1/2014, 17/2014 and 37/2014. LawToday: www. legislation. vic.gov.au s. 134 (1) In section 41(1) of the Independent Broad-based Anti-corruption Commission Act 2011— (a) in paragraph (d), for "officer." substitute "officer;"; (b) after paragraph (d) insert— "(e) a Public Interest Monitor; (f) a Coroner; (g) a Royal Commission, Board of Inquiry or Formal Review; (h) a body established under a law of the Commonwealth or of another State or of a Territory that is the equivalent of a Royal Commission, Board of Inquiry or Formal Review; (i) a body having a similar function to a Royal Commission, Board of Inquiry or Formal Review that is prescribed by the regulations for the purpose of this subsection.". (2) In section 41(3)(a) of the Independent Anti-corruption Commission Act 2011,
Division 3—Public Administration Act 2004 138 Definitions See: Act No. 108/2004. Reprint No. 4 as at 1 July 2013 and amending Act Nos 81/2012, 63/2013, 73/2013, 76/2013, 1/2014, 6/2014, 17/2014, 24/2014, 26/2014 and 37/2014. LawToday: www. legislation. vic.gov.au In section 4(1) of the Public Administration Act 2004— s. 138 (a) insert the following definitions— "Board of Inquiry has the same meaning as in the Inquiries Act 2014; Formal Review has the same meaning as in the Inquiries Act 2014; Royal Commission means— (a) a Royal Commission established under the Inquiries Act 2014; or (b) a Royal Commission established under the prerogative of the Crown;"; (b) in the definition of public official, after paragraph (j) insert— "(k) a commissioner of a Royal Commission; (l) a member of a Board of Inquiry or Formal Review;". 139 Public entities
Division or provision continues to apply, despite its repeal, for those purposes. (3) Section 30, as in force immediately before the commencement day continues to apply in relation to a board or commission that was, immediately before that repeal, empowered under the provisions of this Act to summon witnesses. (4) In this section— commencement day means the day on which item 16.2 of Schedule 2 to the Inquiries Act 2014 comes into operation.". 17 Firearms Act 1996 17.1 In section 166(2), after "1958" insert ", as in force immediately before their repeal,". 18 Freedom of Information Act 1982 18.1 In section 5(1)— (a) insert the following definitions— "Board of Inquiry has the same meaning as in the Inquiries Act 2014; Formal Review has the same meaning as in the Inquiries Act 2014; Royal Commission means— Sch. 2 (a) a Royal Commission established under the Inquiries Act 2014; or (b) a Royal Commission established under the prerogative of the Crown;";