Whistleblowers Protection Regulations 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Whistleblowers Protection Regulations 2012 S.R. No. 144/2012 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Revocation 2 5 Definition 2 6 Procedure for disclosures to the Ombudsman or Deputy Ombudsman 2 7 Procedure for disclosures to the President or Speaker 3 8 Procedure for disclosures to the Chief Commissioner of Police 3 9 Procedure for disclosures to public bodies 4 10 Prescribed public bodies 4 11 Direction to bring person held in custody before Director 5 12 Director must report other matters to Special Investigations Monitor 5 __________________ SCHEDULE 7 Form 1—Direction to Bring a Person Held in Custody Before the Director, Police Integrity 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 144/2012 Whistleblowers Protection Act 2001 Whistleblowers Protection Regulations 2012 The Governor in Council makes the following Regulations: Dated: 11 December 2012 Responsible Minister: TED BALLIEU Premier MATTHEW McBEATH Clerk of the Executive Council 1 Objectives The objectives of these Regulations are— (a) to prescribe the prescribed procedure for making a disclosure under the Whistleblowers Protection Act 2001; and (b) to prescribe bodies for the purposes of sections 41 and 49 of that Act; and (c) to prescribe the form of a direction that may be given by the Director under section 61L(2) of that Act; and (d) to prescribe other matters to be set out in a written report of the Director to the Special Investigations Monitor under section 105D(2) of that Act. -- 2 of 9 -- Whistleblowers Protection Regulations 2012 S.R. No. 144/2012 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 112 of the Whistleblowers Protection Act 2001. 3 Commencement These Regulations come into operation on 17 December 2012. 4 Revocation The following Regulations are revoked— (a) Whistleblowers Protection Regulations 2001 1 ; (b) Whistleblowers Protection (Amendment) Regulations 2005 2 ; (c) Whistleblowers Protection Amendment Regulations 2009 3 . 5 Definition In these Regulations the Act means the Whistleblowers Protection Act 2001. 6 Procedure for disclosures to the Ombudsman or Deputy Ombudsman (1) An oral disclosure under the Act to the Ombudsman or Deputy Ombudsman must be made by telephone or in person in private to— (a) the Ombudsman or Deputy Ombudsman, as the case requires; or (b) an employee of the Office of the Ombudsman. (2) A written disclosure under the Act to the Ombudsman or Deputy Ombudsman must be made by— (a) addressing the disclosure to the Ombudsman or Deputy Ombudsman, as the case requires; and r. 2 -- 3 of 9 -- Whistleblowers Protection Regulations 2012 S.R. No. 144/2012 3 Authorised by the Chief Parliamentary Counsel (b) sending or delivering the disclosure to or leaving the disclosure at the Office of the Ombudsman. 7 Procedure for disclosures to the President or Speaker (1) An oral disclosure under the Act to the President of the Legislative Council or the Speaker of the Legislative Assembly must be made by telephone or in person in private to— (a) the President or the Speaker, as the case requires; or (b) an employee of the Office of the President or the Speaker, as the case requires. (2) A written disclosure under the Act to the President of the Legislative Council or the Speaker of the Legislative Assembly must be made by— (a) addressing the disclosure to the President or the Speaker, as the case requires; and (b) sending or delivering the disclosure to or leaving the disclosure at the Office of the President or the Speaker, as the case requires. 8 Procedure for disclosures to the Chief Commissioner of Police (1) An oral disclosure under the Act to the Chief Commissioner of Police must be made by telephone or in person in private to— (a) the Chief Commissioner; or (b) a member of the police force or an employee in the Office of the Chief Commissioner. r. 7 -- 4 of 9 -- Whistleblowers Protection Regulations 2012 S.R. No. 144/2012 4 Authorised by the Chief Parliamentary Counsel (2) A written disclosure under the Act to the Chief Commissioner of Police must be made by— (a) addressing the disclosure to the Chief Commissioner; and (b) sending or delivering the disclosure to or leaving the disclosure at a police station or at the Office of the Chief Commissioner. 9 Procedure for disclosures to public bodies (1) An oral disclosure under the Act to a public body must be made by telephone or in person in private to a member, officer or employee of the public body or to a member or an officer or employee of a public body agent of the public body. (2) A written disclosure under the Act to a public body must be made by— (a) addressing the disclosure to the public body or to a public body agent of the public body; and (b) sending or delivering the disclosure to or leaving the disclosure at the office of the public body or of a public body agent of the public body. (3) In this regulation public body agent means a public body appointed by a public body as its agent for receiving disclosures under the Act. 10 Prescribed public bodies For the purposes of sections 41 and 49 of the Whistleblowers Protection Act 2001, the following are prescribed public bodies— (a) the Environment Protection Authority constituted under the Environment Protection Act 1970; r. 9 -- 5 of 9 -- Whistleblowers Protection Regulations 2012 S.R. No. 144/2012 5 Authorised by the Chief Parliamentary Counsel (b) the Victorian WorkCover Authority established under the Accident Compensation Act 1985. 11 Direction to bring person held in custody before Director For the purposes of section 61L(3)(a) of the Act, the prescribed form of a direction is Form 1 in the Schedule. 12 Director must report other matters to Special Investigations Monitor For the purposes of section 105D(2)(e) of the Act, the following matters are prescribed— (a) if section 105D(1)(c) of the Act applies and the person attends the Director following a warrant to arrest issued under section 61K(2) of the Act, whether the person was detained in police custody and if so— (i) how long the person was detained; and (ii) the place of detention; and (iii) whether the person applied to a bail justice for discharge from custody; (b) whether the person was given a written notice by the Director under section 61G(2) of the Act; (c) whether the person has been charged with an offence against section 61G(3) of the Act; (d) whether the person was brought before the Director under a written direction under section 61L(2) of the Act; (e) the duration of the attendance of the person on the Director; r. 11 -- 6 of 9 -- Whistleblowers Protection Regulations 2012 S.R. No. 144/2012 6 Authorised by the Chief Parliamentary Counsel (f) whether the person was aged under 18 years and if so— (i) whether a parent or guardian of the person or an independent person was present during the person's attendance; and (ii) whether it reasonably appeared to the Director that the person exercised his or her right to confer with the parent, guardian or independent person (as the case may be) before providing any information, producing any document or thing or giving any evidence; (g) whether the Director believed the person to have a mental impairment and if so— (i) whether an independent person was present during the person's attendance; and (ii) whether it reasonably appeared to the Director that the person exercised his or her right to confer with the independent person before providing any information, producing any document or thing or giving any evidence; (h) whether the person had legal or other representation. __________________ r. 13 -- 7 of 9 -- Whistleblowers Protection Regulations 2012 S.R. No. 144/2012 7 Authorised by the Chief Parliamentary Counsel SCHEDULE FORM 1 Regulation 11 Whistleblowers Protection Act 2001 Section 61L DIRECTION TO BRING A PERSON HELD IN CUSTODY BEFORE THE DIRECTOR, POLICE INTEGRITY To: (insert name of person in charge of place where person is held in custody) at (insert name of place where person is held in custody) Under section 61L(2) of the Whistleblowers Protection Act 2001 I direct that (insert name of person in custody) born on (insert date of birth) who is detained at (insert name of place where person is held in custody) be delivered into the custody of (insert name of member of police force) to be brought before me at (insert address) on (insert date) at *a.m./p.m. to provide information, produce a document or thing or give evidence as required by the summons issued under section 17 of the Evidence (Miscellaneous Provisions) Act 1958 for the purposes of an investigation under the Whistleblowers Protection Act 2001 and directed to the person who is the subject of this direction. Take note: If the person who is the subject of this direction is under the age of 16 years at the date this direction is given, the direction is of no effect and the person is not required to attend the Director. Dated: Director, Police Integrity * Delete if inapplicable ═══════════════ Sch. -- 8 of 9 -- Whistleblowers Protection Regulations 2012 S.R. No. 144/2012 8 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4(a): S.R. No. 158/2001. Reprint No. 1 as at 21 August 2008. Reprinted to S.R. No. 71/2005. Subsequently amended by S.R. No. 29/2009 and extended in operation by S.R. No. 139/2011. 2 Reg. 4(b): S.R. No. 71/2005. 3 Reg. 4(c): S.R. No. 29/2009. Endnotes -- 9 of 9 --