Overview of the Inquiries Act 2014 (Vic)

The Inquiries Act 2014 (Vic) was assented to on 23 September 2014, with the majority of the Act having commenced on 15 October 2014.

Purpose of the Act

The aim of the Act is to provide a new legislative framework for the establishment and conduct of inquiries in Victoria including:

• the process of establishing an inquiry;
• the administrative arrangements for an inquiry (including the employment of staff and consultants);
• the manner of conducting an inquiry; the powers and protections for inquiry members;
• the rights and protections for participants in an inquiry; and
• the process of reporting to Parliament.

The new framework will provide for 3 types of ad hoc inquiry that can be established by the executive Government to inquire into any matter - Royal Commissions, Boards of Inquiry and Formal Reviews. 

The existing Royal Commission and Board of Inquiry models will be retained, with the Act modernising and building on the existing legislative provisions in the Constitution Act 1975 and Evidence (Miscellaneous Provisions Act) 1958.

Establishment of Legislative Framework

The Act will create a flexible and effective modern legislative framework for the establishment and conduct of these inquiries. In doing so, it will also deliver the government's commitment to implement a recommendation of the 2009 Victorian Bushfires Royal Commission, which called for the enactment of such legislation.

Victoria is one of the few Australian jurisdictions without specific legislation for executive inquiries.

What Does the Legislation Amend?

The legislation also makes related amendments and consequential amendments to a significant number of acts, including:

• Constitution Act 1975;
• Evidence (Miscellaneous Provisions) Act 1958;
• Public Administration Act 2004; and the
• Parliamentary Committees Act 2003.

Expectation of the Legislation

The Legislation will rectify a significant legislative gap in Victoria, by establishing a new and effective framework to support the establishment and conduct of executive inquiries.

The need for such legislation is well recognised, as demonstrated by the comments and recommendations previously made by the Victorian bushfires royal commission and other inquiries.

The Act provides a modern and adaptable legislative scheme, which strikes an appropriate balance between flexibility and clarity. It also reflects the importance and independence of executive inquiries.

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Inquiries Act 2014 (No 67 of 2014) - and supporting materials as reproduced in TimeBase LawOne Service