Inquiries Regulations 2015
S.R. No. 22/2015
TABLE OF PROVISIONS
Regulation
Page
Part 1—Preliminary
1
2
3
1
Objectives
Authorising provision
Definitions
1
1
2
Part 2—Assistance to witnesses
4
5
6
7
8
9
10
3
Prescribed scale of expenses and allowances
Loss of income allowance
Childcare and other allowances
Meals and accommodation allowance
Travelling expenses
Evidence of expenses
Deadline for claiming expenses
Part 3—Prescribed forms
3
3
3
4
5
6
6
7
11 Notice to attend or produce in relation to a Royal Commission
12 Direction about a witness already held in custody in relation to a
Royal Commission
13 Search warrant
14 Receipt for documents or things seized
15 Notice to attend or produce in relation to a Board of Inquiry
16 Direction about a witness already held in custody in relation to a
Board of Inquiry
Schedule 1—Forms
7
7
7
7
7
7
8
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STATUTORY RULES 2015
S.R. No. 22/2015
Inquiries Act 2014
Inquiries Regulations 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
1 Objectives
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.
2 Authorising provision
These Regulations are made under section 133 of
the Inquiries Act 2014.
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Part 1—Preliminary
3 Definitions
In these Regulations—
inquiry means an inquiry conducted by a Royal
Commission or a Board of Inquiry;
the Act means the Inquiries Act 2014;
witness means a person who attends an inquiry—
(a) in accordance with a notice to attend; or
(b) at the request of a Royal Commission
or Board of Inquiry.
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Part 2—Assistance to witnesses
Part 2—Assistance to witnesses
4 Prescribed 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.
5 Loss 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.
6 Childcare 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 reasonably incurred 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.
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Part 2—Assistance to witnesses
7 Meals 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
Column 2
Column 3
Item
Meal
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
Column 2
Column 3
Item
Meal
Amount
1
Breakfast
$15.75
2
Lunch
$18.05
3
Dinner
$31.15
4
Maximum allowance
per day for meals
$64.95
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Part 2—Assistance to witnesses
(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
Column 2
Column 3
Item
Meal
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.
8 Travelling 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 economical form of
transport, having regard to—
(i) the distance required to be travelled;
and
(ii) the time spent travelling; and
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Part 2—Assistance to witnesses
(iii) whether any income was lost when
travelling; and
(iv) any other matter the chairperson
considers relevant.
9 Evidence 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.
10 Deadline 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.
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Part 3—Prescribed forms
Part 3—Prescribed forms
11 Notice 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.
12 Direction 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.
13 Search warrant
For the purposes of section 28(4) of the Act, the
prescribed form of a search warrant is Form 3 in
Schedule 1.
14 Receipt 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.
15 Notice 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.
16 Direction 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.
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Schedule 1—Forms
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 Commission and 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.
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Schedule 1—Forms
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]
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Schedule 1—Forms
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.
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Schedule 1—Forms
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
[insert times between which entry is authorised].
This search warrant ceases to have effect on [insert day, not later than
28 days after the issue of the search warrant].
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Schedule 1—Forms
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.
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Schedule 1—Forms
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:
[insert name/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]
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Schedule 1—Forms
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.
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Schedule 1—Forms
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
constitute a criminal offence. The maximum penalty for this offence is
240 penalty units or imprisonment for two years. See section 86 of the
Act.
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]
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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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