To find out how we’ll assess your complaint about IBAC, IBAC personnel, the Chief Examiner and the officers of the Victorian Ombudsman, OVIC or VAGO, see our information on complaints and disclosures (Make a complaint about a Victorian integrity body | vicinspectorate.vic.gov.au(opens in a new window) ).
We may also investigate a complaint, or conduct a preliminary inquiry for the purpose of determining whether to investigate a complaint.
We may investigate a complaint or conduct a preliminary inquiry for the purpose of determining whether to investigate a complaint.
We must investigate a public interest disclosure complaint(opens in a new window) unless we consider that:
- the subject matter is trivial or the complaint is frivolous, vexatious or lacks substance or credibility
- it was not made genuinely or was made for a mischievous purpose
- the alleged conduct does not amount to improper conduct or detrimental action within the meaning of the PID Act; or
- the investigation would prejudice any criminal proceedings or investigations.
We may also refuse to investigate if the disclosure was made more than 12 months after you became aware of the matters and you did not give a satisfactory explanation for the delay in making the disclosure.
We can also initiate an own motion investigation.
We may hold an inquiry into any matter arising out of an investigation. This empowers us to examine witnesses and compel the production of information.
An examination takes place when a person is required by us (summonsed) to give evidence and/or to produce documents or things. Examinations are conducted on oath or affirmation and the subject matter of the attendance and examination may be made subject to a confidentiality notice.
We can direct a person summonsed not to engage a particular legal representative (though the person may engage another legal representative). This can occur, for example, if the legal representative is already representing another witness in the same investigation. The direction would avoid a conflict of interest.
An interview takes place when a person attends our office to answer questions without being summonsed. Officers of bodies overseen by us can be required to attend our office to answer questions or produce documents to us in relation to our investigation.
The following information will assist:
- witnesses attending the Victorian Inspectorate (VI) to give evidence (in either an examination in response to a witness summons or a voluntary interview); and
- witnesses and other persons involved in VI investigations and inquiries issued with a confidentiality notice.
For more information about how to prepare for an interview or examination, watch our short information videos:
Welfare and support measures
We consider the welfare of witnesses and other persons involved in VI investigations and inquiries. If crisis support is required, please call 000.
Read more information about crisis and welfare services in the accordion below.
Giving evidence
When a witness arrives at the VI, a VI officer will meet them at the reception area and provide a short health and safety induction. A private meeting room will also be made available, to allow the witness to confer with their legal representative.
If at any time during an examination or interview a witness requires a break, the witness can tell their lawyer or the examiner/interviewer, and this will be arranged. Witnesses will be told the length of any break and if the examination or interview is held in person, that they are free to leave the building during this time.
Confidentiality notice
If a witness or other person involved in our investigation and inquiries has been issued with a confidentiality notice and requires support, the confidentiality notice will guide them as to who they can speak to. An information sheet served with the confidentiality notice further explains their rights and obligations.
If they have any questions or concerns about who they can speak to in relation to an investigation and inquiry, they can contact the VI officer listed in the documents we have given them.
Rights in investigations and inquiries
Legal representation
A witness or other person involved in our investigations and inquiries issued with a confidentiality notice is entitled to seek legal advice (and legal representation in relation to any attendance at the VI) but must provide a copy of the confidentiality notice to their legal representative. For further information, see the confidentiality notice and the related information sheet.
Interpreter
If a witness or other person involved in our investigations and inquiries is issued with a confidentiality notice and has difficulty speaking or understanding English, they have a right to have an interpreter to help them understand the confidentiality notice and/or to be present at any examination or interview.
If you are under 16 years old
A person who has been issued with a witness summons and is under the age of 16 cannot be examined by the VI however they must provide proof of their age if they claim to be under the age of 16 years.
If you are under 18 years old
For a witness under the age of 18, a parent, a guardian or an independent person must be present during the examination or interview. A witness under the age of 18 will be contacted by the VI to make arrangements for the attendance of a parent, guardian or an independent person.
If witness or other person involved in our investigations and inquiries is issued with a confidentiality notice and is under 18, they may speak to a parent, guardian or independent person.
Mental, physical or other impairment
If a witness or other person involved in our investigations and inquiries is issued with a confidentiality notice and is illiterate, or has a mental, physical or other impairment which prevents them from understanding the confidentiality notice, they can get assistance from an independent person.
A mental impairment includes impairment because of mental illness, intellectual disability, dementia or brain injury.
If we believe a witness has a mental impairment, or if a witness provides us with reasonably satisfactory medical evidence that they have a mental impairment, we must direct that an independent person be present during any examination or interview.
Evidence of a mental impairment includes certificates and reports from registered healthcare practitioners.
We will inform the independent person of the rights of the witness or other person in relation to any examination, interview or any confidentiality notice that has been issued.
If we are aware a witness has a mental impairment, we will contact them to make arrangements for an independent person to be present.
If a witness has not been contacted by us but requires an independent person be present, please call the VI officer listed in the documents we have given them.
Travel and other expenses
A witness may be entitled to reimbursement for lost income, and expenses (such as childcare expenses) incurred because of their attendance at the VI in an examination in response to a witness summons.
A witness who appears in an examination as an expert witness is also entitled to reimbursements.
Witnesses may also be entitled to allowances for meals and accommodation, and travel expenses, for appearing in an examination.
The circumstances in which a witness can make a claim, the amounts claimable, and the evidence required to support a claim, are prescribed by the Victorian Inspectorate Regulations 2023.
For further information about the reimbursement process or, to make a claim, contact us on 1800 518 197 or at info@vicinspectorate.vic.gov.au.
Support persons
Depending on the nature of the investigation and inquiry, we will consider a witness’s request to have a support person present during their examination or interview. Contact us on 1800 518 197 or at info@vicinspectorate.vic.gov.au to find out about bringing a support person.
Accessibility
- Our offices are wheelchair accessible from the entrance on Church Street, between Bourke and Little Collins Street.
- An accessible toilet is available on the ground floor before the lifts near the entrance to Axil café.
- Assistance dogs and guide dogs are welcome at our office.
- If you require additional accessibility measures to allow you to give evidence, please contact us so this can be arranged.
Accessing interpreting services
- Call the VO officer listed in the documents we have given or
- TIS directly on 131 450
Accessing services for people who are hearing or speech impaired
- If you are a TTY user, phone 133 677 then ask for 1300 366 356
- If you are a Speak and Listen user, phone 1300 555 727 then ask for 1300 366 356
- For SMS relay, use 0423 677 767
- If you are an internet relay user, visit the Make an Internet Relay call page and use this number: 1300 366 356
Victoria Legal Aid
If you require legal assistance there are number of services available. Contact Victoria Legal Aid to see if you are eligible and to find out more about available services. Further information can be found at www.legalaid.vic.gov.au.
We consider the welfare of complainants, and witnesses and other persons involved in our investigations and inquiries.
If you have any questions or concerns about who you can speak to in relation to an investigation, please let us know so that we can assist you.
Crisis services and other welfare support services are also available. You can also call the VI Witness Welfare Hotline, the contact details will be in the documents we have given you.
Crisis services 24/7
Serious illness, injury or threat that requires urgent attention Emergency 000 Suicide Lifeline 13 11 14 Suicide Call Back Line 1300 659 467 Suicide Help Line 1300 651 251 Men (all ages) MensLine Australia 1300 789 978 Children (5-25 years) Kids Helpline 1800 551 800 Mental Health Crisis Line Central East 1300 721 927 Dandenong 1300 369 012 Inner South East 1300 363 746 Inner Urban East 1300 558 862 Inner West 1300 874 243 Mid West 1300 874 243 Middle South 1300 369 012 North East 1300 859 789 North West 1300 874 243 Northern 1300 874 243 Outer East 1300 721 927 Peninsula 1300 792 977 South West 1300 657 259 Health Health Direct Helpline 1800 022 222 Nurse On Call 1300 60 60 24 Beyond Blue Support, advice, action 24 hours/7 days a week 1300 224 636 General Practitioner For medical support and counselling options Your local GP For public sector employees Contact your agency's Employee Assistance Program (EAP) Victorian Inspectorate Crisis and Welfare Handout(opens in a new window)PDF 197.16 KB
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