Terms of reference

a) The cause(s) of the McCrae Landslide;

b) The actions (including any inaction) and decisions of Connected Parties, including:

(i) actions taken to prevent or mitigate landslides and landslips in the McCrae area: and
(ii) actions and/or decisions taken that may have contributed to causing the McCrae Landslide (including, without limitation, approving and issuing permits, and undertaking building, road, water or other works);

c) The adequacy of any risk assessments undertaken to determine the likelihood and severity of landslides and landslips in the McCrae area before the McCrae Landslide;

d) The adequacy of preventative and mitigative measures taken before the McCrae Landslide, including actions that could have been but were not taken by Connected Parties;

e) Any barriers to the implementation of measures to prevent or mitigate landslides and landslips in the McCrae area that existed before the McCrae Landslide occurred;

f) The regulatory framework, including the responsibilities, powers, duties and functions of all responsible authorities in relation to the prevention and management of landslides and landslips in Victoria; and

g) Identify any measures for the prevention or mitigation of the risk of similar landslide events to the McCrae Landslide occurring in future in the McCrae area.

Connected Parties include responsible authorities, contractors undertaking any works in the area and other parties with direct interests in the area.

McCrae area refers to the suburb of McCrae in the Shire of Mornington Peninsula local government area.

Responsible authorities include the Mornington Peninsula Shire Council, water authorities, the Department of Transport and Planning, the Victorian Building Authority, and any other relevant entity established under legislation that had any function or responsibility or took any action in relation to landslides or landslips in the McCrae area.

The Terms of Reference also direct the Board of Inquiry to:

a) Conduct the inquiry as the Chair considers appropriate, subject to the requirements of procedural fairness;

b) Have regard to any existing research relevant to the inquiry;

c) Have regard to any relevant existing expert or consultant reports, such as geo-technical reports, that may have been procured or are otherwise in the possession of a responsible authority or other person or body;

d) Have regard to the findings and recommendations of any previous relevant report or inquiry into landslides and landslips in Victoria, and elsewhere in Australia;

e) Develop a process to allow residents of the McCrae area to engage with the inquiry;

f) Communicate with the Victorian community about the Chair’s objectives and progress and the ability of persons with relevant information to provide information to the inquiry;

g) Have regard to relevant information provided by the residents of the McCrae area or other persons;

h) Conduct the inquiry in accordance with this Order, the Inquiries Act 2014, and all other relevant laws;

i) In conducting the inquiry:

(i) to the extent the Chair thinks it appropriate, have regard to any ongoing legal proceedings or investigations relating to the McCrae Landslide;
(ii) to the extent the Chair thinks it appropriate, adopt informal and flexible procedures to ascertain the relevant facts as directly and effectively as possible;
(iii) avoid unnecessary duplication; and
(iv) avoid unnecessary cost or delay.

The Terms of Reference direct the Board of Inquiry not to inquire into:

j) Actions taken since the McCrae Landslide at the site of the McCrae Landslide;

k) Without limiting paragraph (j), actions taken since the McCrae Landslide relating to the rehabilitation or making-safe of the McCrae landslide area;

l) Without limiting paragraph (j), the emergency response, relief and recovery activities for the McCrae Landslide;

m) The activities of Emergency Management Victoria, VicSES and the Inspector-General for Emergency Management;

n) Insurance arrangements of any parties impacted by the McCrae Landslide;

o) Landslips, landslides and other similar events that occurred in the McCrae area prior to the McCrae Landslide, except to the extent the Chair reasonably considers them to be relevant to the scope of the inquiry as it relates to the McCrae Landslide.