Victorian Inspectorate functions

The functions of the Victorian Inspectorate differ in respect of each of the integrity bodies that it oversees.

Independent Broad-based Anti-corruption Commission

With respect to Independent Broad-based Anti-corruption Commission (IBAC) the Victorian Inspectorate:

  • monitors its compliance with the IBAC Act and other laws
  • oversees its performance of its functions under the Protected Disclosure Act 2012 (PD Act)
  • assesses the effectiveness and appropriateness of its policies and procedures which relate to the legality and propriety of IBAC’s activities
  • receives, assesses and may investigate certain complaints about the conduct of IBAC or IBAC personnel
  • monitors IBAC’s interaction with other integrity bodies to ensure compliance with relevant laws

The Victorian Inspectorate may make recommendations to IBAC and may make reports to the Parliament; the Victorian Inspectorate may also make recommendations to the Chief Commissioner of Police, the Director of Public Prosecutions and certain other bodies about further investigatory or enforcement action.

The Victorian Inspectorate may also investigate aspects of IBAC’s activities on its own motion in carrying out its oversight functions.

The Victorian Inspectorate oversees the performance by IBAC of its functions under the Protected Disclosure Act 2012 and also has a function under the Protected Disclosure Act 2012 to receive disclosures about IBAC and its officers and determine whether those disclosures are protected disclosure complaints.

In addition to this, the Victorian Inspectorate has a function under the Protected Disclosure Act 2012 to review the procedures established by IBAC under Part 9 of the Protected Disclosure Act 2012 and the implementation of those procedures.

Public Interest Monitor

The Victorian Inspectorate inspects and audits certain records kept by the Public Interest Monitor (PIM) under the Public Interest Monitor Act 2011 and the Witness Protection Act 1991 for the purpose of monitoring compliance with requirements prescribed by law and to report to the Minister and the Parliament on the result of the inspection and audit.

Chief Examiner

The Victorian Inspectorate receives, assesses and may investigate complaints about the conduct of the Chief Examiner or any Examiner in relation to exercise of coercive powers or their compliance with the Major Crime (Investigative Powers) Act 2004 (MCIP Act).

The Victorian Inspectorate, on its own motion, may investigate the conduct of the Chief Examiner or an Examiner in respect of the exercise or purported exercise of coercive powers in relation to any matter; or compliance with the MCIP Act.

Disclosures may be made to the Victorian Inspectorate about the Chief Examiner or an Examiner under the Protected Disclosure Act 2012, and if the Victorian Inspectorate considers that such a disclosure might qualify as a protected disclosure, it must notify it to IBAC which then assesses whether it is a protected disclosure complaint.

The Victorian Inspectorate monitors compliance by the Chief Examiner and Examiners with the MCIP Act, assesses the relevance of any requirement to produce documents or other things and of any questions asked in a coercive examination, assesses the effectiveness and appropriateness of policies and procedures of the Chief Examiner relating to the legality and propriety of the Chief Examiner’s activities, and may make reports and recommendations accordingly.

The Victorian Inspectorate may also makes recommendations to the Chief Commissioner of Police, the Director of Public Prosecutions and certain other bodies about further investigatory or enforcement action.

Victorian Auditor General's Office

The Victorian Inspectorate monitors the exercise of coercive powers by Victorian Auditor General's Office (VAGO) officers and their compliance with certain specific sections of the Audit Act 1994.

The Victorian Inspectorate may also receive, assess and investigate certain complaints about the conduct of a VAGO officer; and may report on, and make recommendations as a result of, the performance of its functions. The Victorian Inspectorate may also make recommendations to the Chief Commissioner of Police, the Director of Public Prosecutions and certain other bodies about further investigatory or enforcement action.

Disclosures may be made to the Victorian Inspectorate about VAGO officers under the Protected Disclosure Act 2012, and if the VI considers that such a disclosure might qualify as a protected disclosure, it must notify it to IBAC which then assesses whether it is a protected disclosure complaint.

The Victorian Inspectorate may also on its own motion in the course of performing its functions investigate the conduct of a VAGO officer in respect of the exercise or purported exercise of coercive powers in relation to any matter; or the compliance with certain sections of the Audit Act 1994.

Victorian Ombudsman

The Victorian Inspectorate monitors the Victorian Ombudsman’s exercise of coercive powers and its compliance with procedural fairness requirements.

The Victorian Inspectorate receives, assesses and may investigate complaints about Victorian Ombudsman officers in relation to the exercise of coercive powers and compliance with procedural fairness, and may also investigate matters on its own motion.

The Victorian Inspectorate may make recommendations and reports about the Victorian Ombudsman, and may make recommendations to the Chief Commissioner of Police, the Director of Public Prosecutions and certain other bodies about further investigatory or enforcement action.

Disclosures may also be made to the Victorian Inspectorate about Ombudsman officers under the Protected Disclosure Act 2012, and if the Victorian Inspectorate considers that such a disclosure might qualify as a protected disclosure, it must notify it to IBAC which then assesses whether it is a protected disclosure complaint.

In addition the Victorian Inspectorate has a function under the PD Act to review the procedures established by the Ombudsman under Part 9 of the Protected Disclosure Act 2012 and the implementation of those procedures.

Office of the Victorian Information Commissioner

In relation to the Office of the Victorian Information Commissioner (OVIC), the Victorian Inspectorate is responsible for monitoring its exercise of coercive powers and its compliance with procedural fairness requirements.

The Victorian Inspectorate may also receive, assess and investigate complaints about the conduct of OVIC officers in respect to the exercise of coercive powers or compliance with procedural fairness requirements.

In addition, the Victorian Inspectorate may investigate matters on its own motion, and report on, and make recommendations about the performance by the OVIC of its functions. The Victorian Inspectorate may also make recommendations to the Chief Commissioner of Police, the Director of Public Prosecutions and certain other bodies about further investigatory or enforcement action.

Judicial Commission of Victoria

The Victorian Inspectorate has the function to monitor the Judicial Commission of Victoria’s use of coercive powers under the Judicial Commission of Victoria Act 2016, and may make recommendations to it as to guidelines in relation to the use of those powers.

Disclosures may be made to the Victorian Inspectorate about an officer of the Judicial Commission under the Protected Disclosure Act 2012 (other than a Judicial member of the Board of the Judicial Commission), and if the Victorian Inspectorate considers that such a disclosure might qualify as a protected disclosure, it must notify it to IBAC which then assesses whether it is a protected disclosure complaint.

In addition to this, the Victorian Inspectorate has an obligation under the Protected Disclosure Act 2012 to review the procedures established by the Judicial Commission under Part 9 of the Protected Disclosure Act 2012 and the implementation of those procedures.

Compliance with certain regulatory requirements

The Victorian Inspectorate also monitors key agencies for compliance with certain regulatory requirements, this includes:

all of which may in certain circumstances use covert powers such as telecommunication interception, surveillance devices or controlled operations.