New board of inquiry – Victorian inquiry into McCrae landslide announced
2025 kicks off with a new Victorian Board of Inquiry
The Victorian Labor Government has announced its intention to establish a Board of Inquiry into the cause of a landslide that occurred in McCrae within the Mornington Peninsula Shire.
In January 2025, multiple homes were evacuated in McCrae and a council worker was hospitalised after a house slid down a hill and collided with other homes following the landslide.
The Board of Inquiry’s (Board) terms of reference and the board members will be announced in the coming weeks. The Government has indicated the Board will be asked to determine the cause of the landslide, what happened and whether it could have been avoided. It will also determine the adequacy of preventative measures taken to mitigate the risks, following other landslides that have occurred in McCrae.
The Government intends to ensure that the Board’s findings and recommendations will identify any measures deemed necessary to prevent or mitigate risk of similar events occurring in the future across Victoria. Once established, the Inquiry will develop a process for local residents to engage with the Board.
What is a board of inquiry?
Boards of inquiry are proving a more regular occurrence in Victoria in recent years, most notably in the COVID-19 Hotel Quarantine Inquiry in 2020 (in which Hall & Wilcox acted for a high-profile security contractor in appearances before the Inquiry).
Before passage of the Inquiries Act 2014 (Vic), the form of a board of inquiry was used in the Hazelwood Mine Fire Inquiry (however, this inquiry was established under the previous legislative model). Before the Hazelwood Inquiry, the most consequential form of Board of Inquiry in Victoria was the 1975 Board of Inquiry into allegations against members of the Victoria Police Force, which investigated allegations of corruption.
What is the difference between the coercive powers of a Royal Commission and a board of inquiry?
Comparison of key coercive powers
Royal Commission | Board of inquiry |
|---|---|
Require production of documents | Require production of documents |
Require answers on oath | Require answers on oath |
Can override statutory secrecy and confidentiality requirements | Can override statutory secrecy and confidentiality requirements |
Entry, search and seizure powers | No entry, search and seizure powers |
Can abrogate privileges ie privilege against self-incrimination; legal professional privilege | Unlike in respect of a Royal Commission, the Board cannot abrogate legal professional privilege or the privilege against self-incrimination in respect of Boards of Inquiry |
Public interest immunity and parliamentary privilege still apply | Privileges and immunities applying at common law will apply in relation to Boards of Inquiry. For example, the privilege against self-incrimination, public interest immunity and parliamentary privilege apply |
What do I do if receive a notice to produce documents from the Board?
Key tips are to:
- ensure that:
- you understand the scope of the request, including the amount of time it will take to produce the documents;
- you are aware of any privileges, immunities or secrecy provisions that are likely to apply to the request for documents;
- you consider whether you will need to seek assistance or input from other departments or branches of government; and
- isolate all relevant documents – remember hard copy notes, phone records (texts, phone call data), messaging services (Signal, Whatsapp).
If you are part of a Victorian Government department or agency, also ensure that you make contact with the Department of Premier and Cabinet (DPC) to ensure you are acting in accordance with any lead agency requirements as per the ‘Guidelines for appearing before and producing documents to Victorian inquiries’.
My workplace is likely to be called before the inquiry – what do I do?
- Contact us even before the terms of reference for the Board are established – pro-active advice can be given regarding best-practice approaches for document compilation and identifying key witnesses, including advising on internal messaging to staff.
- Remember – timelines in inquiries will be short, so proper preparation will ensure better performance for the department/agency and staff.
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