Inquiries Regulations 2015

Inquiries Regulations 2015

S.R. No. 22/2015

table of provisions

RegulationPage

Part 1—Preliminary

1Objectives

2Authorising provision

3Definitions

Part 2—Assistance to witnesses

4Prescribed scale of expenses and allowances

5Loss of income allowance

6Childcare and other allowances

7Meals and accommodation allowance

8Travelling expenses

9Evidence of expenses

10Deadline for claiming expenses

Part 3—Prescribed forms

11Notice to attend or produce in relation to a Royal Commission

12Direction about a witness already held in custody in relation to a Royal Commission

13Search warrant

14Receipt for documents or things seized

15Notice to attend or produce in relation to a Board of Inquiry

16Direction about a witness already held in custody in relation to a Board of Inquiry

Schedule 1—Forms

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Inquiries Regulations 2015

S.R. No. 22/2015

statutory rules 2015

S.R. No. 22/2015

Inquiries Regulations 2015

S.R. No. 22/2015

Inquiries Act 2014

Inquiries Regulations 2015

S.R. No. 22/2015

Inquiries Regulations 2015

Inquiries Regulations 2015

S.R. No. 22/2015

The Administrator of the State of Victoria as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 31 March 2015

Responsible Minister:

DANIEL ANDREWS

Premier

YVETTE CARISBROOKE

Clerk of the Executive Council

Part 1—Preliminary

1Objectives

The objectives of these Regulations are to—

(a)prescribe the scale of expenses and allowances for the purposes of reimbursing witnesses attending an inquiry of a Royal Commission or Board of Inquiry under the Inquiries Act 2014; and

(b)prescribe forms relating to attendance of witnesses and the execution of search warrants under the Inquiries Act 2014.

2Authorising provision

These Regulations are made under section 133 of the Inquiries Act 2014.

3Definitions

In these Regulations—

inquiry means an inquiry conducted by a Royal Commission or a Board of Inquiry;

the Actmeans the Inquiries Act 2014;

witness meansa person who attendsan inquiry—

(a)in accordance with a notice to attend; or

(b)at the request of a Royal Commission or Board of Inquiry.

Part 2—Assistance to witnesses

4Prescribed scale of expenses and allowances

For the purposes of sections 42(2) and 82(2) of the Act, the prescribed scale is the expenses and allowances set out in these Regulations.

5Loss of income allowance

A witness who loses income because of attending an inquiry is entitled to reimbursement of the amount of income actually lost in attending the inquiry as follows—

(a)in the case of a witness giving evidence or information in a professional or expert capacity—up to $300 per hour, but not exceeding $1500 per day;

(b)in any other case—up to $100 per hour, but not exceeding $600 per day.

6Childcare and other allowances

(1)A witness who is not engaged in employment or business and who incurs expenses because of attending an inquiry is entitled to reimbursement of the following—

(a)any reasonablyincurred childcare expenses;

(b)any other expenses (excluding the costs of any travel, meals or accommodation) up to a maximum of $50 per day.

(2)A witness who receives reimbursement under this regulation is not entitled to reimbursement under regulation 5.

7Meals and accommodation allowance

(1)A witness who is necessarily absent from home because of attending an inquiry is entitled to the following allowances—

(a)if the witness is absent from home overnight at an inquiry in Melbourne, the amount set out in Column 3 of Table A that corresponds to the description of the meal set out in Column 2, up to a maximum daily amount set out in Item 4 of Column 3;

Table A

Column 1
Item / Column 2
Meal / Column 3
Amount
1 / Breakfast / $17.70
2 / Lunch / $19.75
3 / Dinner / $34.05
4 / Maximum allowance
per day for meals / $71.50

(b)if the witness is absent from home overnight at an inquiry in any location other than Melbourne, the amount set out in Column 3 of Table B that corresponds to the description of the meal set out in Column 2, up to a maximum daily amount set out in Item 4 of Column 3;

Table B

Column 1
Item / Column 2
Meal / Column 3
Amount
1 / Breakfast / $15.75
2 / Lunch / $18.05
3 / Dinner / $31.15
4 / Maximum allowance
per day for meals / $64.95

(c)if the witness is absent from home for a part of a day only, departing and returning the same day, the amount set out in Column 3 of Table C that corresponds to the description of the meal set out in Column 2, up to a maximum daily amount set out in Item 4 of Column 3.

Table C

Column 1
Item / Column 2
Meal / Column 3
Amount
1 / Breakfast / $12.40
2 / Lunch / $12.40
3 / Dinner / $16.50
4 / Maximum allowance
per day for meals / $41.30

(2)A witness who is necessarily absent from home overnight because of the witness's attendance at an inquiry is entitled to reimbursement of the expenses reasonably incurred of alternative accommodation, up to a maximum of $150 for each night of the witness's absence.

8Travelling expenses

A witness is entitled to reimbursement of the expenses incurred in travelling to and from the inquiry as follows—

(a)if the witness uses the witness's own vehicle, 18 cents for each kilometre travelled to or from the inquiry;

(b)in any other case, a reasonable amount equal to the cost of an economicalform of transport, having regard to—

(i)the distance required to be travelled; and

(ii)the time spent travelling; and

(iii)whether any income was lost when travelling; and

(iv)any other matter the chairperson considers relevant.

9Evidence of expenses

A Royal Commission or Board of Inquiry may require a witness claiming reimbursement or an allowance to produce satisfactory evidence of the following, as the case may be—

(a)the amount of income lost because of attending an inquiry;

(b)the amount of childcare, meals, accommodation or other costs incurred because of attending an inquiry;

(c)the witness's absence from home because of attending an inquiry;

(d)the cost of an economical form of transport to an inquiry.

10Deadline for claiming expenses

A witness claiming expenses under these Regulations is only entitled to reimbursement if the witness submits a claim to the Royal Commission or Board of Inquiry prior to the Royal Commission or Board of Inquiry delivering its final report.

Part 3—Prescribed forms

11Notice to attend or produce in relation to a Royal Commission

For the purposes of section 17(2) of the Act, the prescribed form of a notice to attend and a notice to produce in relation to a Royal Commission is Form 1 in Schedule 1.

12Direction about a witness already held in custody in relation to a Royal Commission

For the purposes of section 20(2) of the Act, the prescribed form of a direction under section 20(1) of the Act as to a witness already held in custody is Form 2 in Schedule 1.

13Search warrant

For the purposes of section 28(4) of the Act, the prescribed form of a search warrant is Form 3 in Schedule 1.

14Receipt for documents or things seized

For the purposes of section 30(3) of the Act, the prescribed form of a receipt under section 30(2) of the Act is Form 4 in Schedule 1.

15Notice to attend or produce in relation to a Board of Inquiry

For the purposes of section 64(2) of the Act, the prescribed form of a notice to attend and a notice to produce in relation to a Board of Inquiry is Form 5 in Schedule 1.

16Direction about a witness already held in custody in relation to a Board of Inquiry

For the purposes of section 67(2) of the Act, the prescribed form of a direction under section 67(1) of the Act is Form 6 in Schedule 1.

Schedule 1—Forms

Form 1

NOTICE TO ATTEND AND/OR NOTICE TO PRODUCE DOCUMENTS ETC TO A ROYAL COMMISSION

Regulation 11

TO: [insert name of person to whom notice is directed]

AT: [insert address]

A Royal Commission is being held into [insert details of the inquiry].

What you must do

You must*—

produce the document/s or other thing/s specified below; or

attend the Royal Commissionand produce the document/s or other thing/s specified below; or

attend the Royal Commission to give evidence until excused; or

attend the Royal Commission to give evidence until excused and produce the document/s or other thing/s specified below.

*Select only one of the four options

Where you must *attend and/or *produce documents and/or things

[insert details of where and when (including date and time) a person must attend, and/or insert details of where, when and how a person must produce the documents and/or things]

* Delete if not applicable.

Note:

You should bring this notice with you when attending the Royal Commission.

Objecting to this notice

You may object to this notice if you have (or will have) a reasonable excuse for failing to comply with the notice. For example, it is a reasonable excuse to fail to comply with the notice if you are prohibited from disclosing the document/s or other thing/s by a court order. See section 18 of the Inquiries Act 2014 (the Act) for further examples of what constitutes a reasonable excuse.

You may also object to the notice by claiming that the document/s or thing/s specified in the notice are not relevant to the subject matter of the inquiry.

If you wish to object to this notice, you must do so in writing to [insert name and contact details] by [insert date]. Your written objection must outline your reasons for objecting. If the Royal Commission is satisfied that your claim is made out, the Royal Commission may vary or revoke this notice.

Failure to comply with this notice without a reasonable excuse may constitute a criminal offence. The maximum penalty for this offence is 240 penalty units or imprisonment for two years. See section 46 of the Act.

Failure to comply with this notice without a reasonable excuse may also result in the Royal Commission making an application to the Supreme Court of Victoria. The Court may then order you to comply with the notice within a specified period. See section 23 of the Act.

Name: [insert name of person issuing this notice]

Title: [insert title of person issuing notice]

Date: [insert date]

[insert description of document/s or thing/s]

Form 2

DIRECTION FOR A WITNESS ALREADY IN CUSTODY TO BE BROUGHT BEFORE A ROYAL COMMISSION

Regulation 12

TO: [insert name and title of person in charge of the place where witness is held in custody e.g. the Secretary, the Department of Justice and Regulation or the Chief Commissioner of Police]

AT: [insert name and address of place where person is held in custody]

In accordance with section 20 of the Inquiries Act 2014(the Act), I direct that [name of person held in custody] who is detained at [insert name of place where person is held in custody] be brought before the [insert name of Royal Commission]

AT: [insert address to which person held in custody is to be brought]

ON: [insert date on which person held in custody is to be brought] and from day to day until excused from further attendance

AT: [insert time when person held in custody is to be brought]

for the purpose of [insert purpose(s) of attendance e.g. to produce documents or other things and/or to give evidence in relation to an inquiry by a Royal Commission]

and the witness is to be returned to the place from which they were removed each day by the direction of the Royal Commission.

Name: [insert name of person giving direction]

Title: [insert title of person giving direction]

Date: [insert date the direction is made]

Note:

In accordance with section 17 of the Act a direction for a witness to be brought before a Royal Commission must be accompanied by a notice as set out in Form 1 of these Regulations.

Form 3

SEARCH WARRANT

Regulation 13

Court Ref:

[name and/or description of person, or document or thing]

The place, vehicle, vessel or aircraft that is authorised to be searched is:

*[number and name of street and suburb of place to be searched]

*[identifying details of vehicle/vessel/aircraft]

Purpose for search: [insert information on purpose for search]

This search warrant authorises—

*[name, rank/title, agency and address]

*all police officers

to enter and search the—

*specified premises

*specified vehicle located in a public place named or described in this warrant

*specified vessel located in a public place named or described in this warrant

*specified aircraft located in a public place named or described in this warrant

to inspect any document or thing; and

to make a copy of any document relevant to the inquiry; and

to take possession of any document or other thing relevant to the inquiry.

* This search warrant is subject to the following conditions:

[insert details of conditions]

Entry is authorised under this search warrant *at any time/*between [inserttimes between which entry is authorised].

This search warrant ceases to have effect on [insert day, not later than 28days after the issue of the search warrant].

This search warrant is authorised under section 28 of the Inquiries Act 2014.

Issued at *a.m./*p.m. on by , Magistrate.

[signature of Magistrate]

* Delete if not applicable.

Form 4

Receipt for Seized Documents and Things

Regulation 14

Premises: [insert address]

Name(s) and title(s) of authorised person(s) conducting the search: [insertname/s and titles]

Date: [insert date]

Item No. / Time seized / Description of item / Location of item when seized / Authorised person's initials

Collected from: [insert name of person from whom documents and things were collected]

By: [signature]

[name]

[title]

Form 5

NOTICE TO ATTEND AND/OR NOTICE TO PRODUCE DOCUMENTS ETC TO A BOARD OF INQUIRY

Regulation 15

TO: [insert name of person to whom notice is directed]

AT: [insert address]

A Board of Inquiry is being held into [insert details of the inquiry].

What you must do

You must*—

produce the document/s or other thing/s specified below; or

attend the Board of Inquiry and produce the document/s or other thing/s specified below; or

attend the Board of Inquiry to give evidence until excused; or

attend the Board of Inquiry to give evidence until excused and produce the document/s or other thing/s specified below.

*Select only one of the four options

Where you must *attend and/or *produce documents and/or things

[insert details of where and when (including date and time) a person must attend, and/or insert details of where, when and how a person must produce the documents and/or things]

* Delete if not applicable.

Note:

You should bring this notice with you when attending the Board of Inquiry.

Objecting to this notice

You may object to this notice if you have (or will have) a reasonable excuse for failing to comply with the notice. For example, it is a reasonable excuse to fail to comply with the notice if you are prohibited from disclosing the document/s or other thing/s by a court order. See section 65 of the Inquiries Act 2014 (the Act) for further examples of what constitutes a reasonable excuse.

You may also object to the notice by claiming that the document/s or thing/s specified in the notice are not relevant to the subject matter of the inquiry.

If you wish to object to this notice, you must do so in writing to [insert name and contact details] by [insert date]. Your written objection must outline your reasons for objecting. If the Board of Inquiry is satisfied that your claim is made out, the Board of Inquiry may vary or revoke this notice.

Failure to comply with this notice without a reasonable excuse may also result in the Board of Inquiry making an application to the Supreme Court of Victoria. The Court may then order you to comply with the notice within a specified period.See section 70 of the Act.

Name: [insert name of person issuing this notice]

Title: [insert title of person issuing notice]

Date: [insert date]

[insert description of document/s or thing/s]

Form 6

DIRECTION FOR A WITNESS ALREADY IN CUSTODY TO BE BROUGHT BEFORE A BOARD OF INQUIRY

Regulation 16

TO: [insert name and title of person in charge of the place where witness is held in custody e.g. the Secretary, the Department of Justice and Regulation or the Chief Commissioner of Police]

AT: [insert name and address of place where person is held in custody]

In accordance with section 67 of the Inquiries Act 2014(the Act), I direct that [name of person held in custody] who is detained at [insert name of place where person is held in custody] be brought before the [insert name of Board of Inquiry]

AT: [insert address to which person held in custody is to be brought]

ON: [insert date on which person held in custody is to be brought] and from day to day until excused from further attendance

AT: [insert time when person held in custody is to be brought]

for the purpose of [insert purpose(s) of attendance e.g. to produce documents or other things and/or to give evidence in relation to an inquiry by a Board of Inquiry]

and the witness is to be returned to the place from which they were removed each day by the direction of the Board of Inquiry.

Name: [insert name of person giving direction]

Title: [insert title of person giving direction]

Date: [insert date the direction is made]

Note:

In accordance with section 64 of the Act a direction for a witness to be brought before a Board of Inquiry must be accompanied by a notice as set out in Form 5 of these Regulations.

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