Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019

Authorised by the Chief Parliamentary Counsel Authorised Version i Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 5 Part 2—Amendments relating to public interest disclosures 6 Division 1—Preliminary 6 3 Principal Act 6 Division 2—Amendment of Protected Disclosure Act 2012 6 4 Amendment of title 6 5 Amendment of purposes 6 6 Definitions 6 7 Meaning of improper conduct 8 8 Definitions of public body, public officer and public sector 10 9 New Parts 2 and 3 substituted 11 10 Heading to Part 4 amended 37 11 Section 32 amended 38 12 Section 33 amended 38 13 New section 33A inserted 38 14 New Part 4A inserted 39 15 Related disclosures 43 16 Amendment of section 35 44 17 Related disclosure made by other person 44 18 Related disclosure notified to the IBAC 45 19 New section 37A inserted 46 20 Heading to Part 6 amended 46 21 Section 38 substituted 46 22 Sections 39, 40 and 41 amended 50 23 Section 43 amended 51 24 Management action not prevented 51 25 Protection from reprisal 52 26 Proceedings for damages for reprisal 52 27 Sections 48 and 49 amended 53 -- 1 of 316 -- Section Page ii Authorised by the Chief Parliamentary Counsel 28 Application for injunction or order 53 29 Transfer of employee 53 30 Content of assessable disclosure must not be disclosed 54 31 Identity of person making assessable disclosure must not be disclosed 55 32 Circumstances in which information may be disclosed 56 33 Heading to Part 8 amended 58 34 Functions and powers of the IBAC 58 35 Functions and powers of the Victorian Inspectorate 59 36 New section 56A inserted 60 37 Guidelines 60 38 Procedures—entities required to establish procedures 60 39 Annual report by the IBAC 61 40 Annual report by the Victorian Inspectorate 61 41 Annual report by other investigating entities 61 42 New section 71A inserted 62 43 Offence to make false disclosure or provide false further information 63 44 Amendment of section 73 63 45 Section 74 repealed 64 46 Exemption from Freedom of Information Act 1982 64 47 New section 83 inserted 64 48 New Schedule 2 inserted 65 Division 3—Amendment of Independent Broad-based Anti-corruption Commission Act 2011 67 49 Definitions 67 50 Section 7 amended 68 51 Functions of the IBAC 68 52 Confidentiality notice 68 53 Disclosure subject to confidentiality notice 69 54 Referral of complaint or notification for investigation by another person or body 73 55 New section 73A inserted 73 56 Information to be provided with referral 75 57 Further consequential amendments 75 Division 4—Amendment of Victorian Inspectorate Act 2011 76 58 Definitions 76 59 Section 4 substituted 77 60 Functions of the Victorian Inspectorate 77 61 New section 36A inserted 78 62 Confidentiality notice 79 63 Disclosure subject to confidentiality notice 80 64 Investigation of complaint 83 65 Section 45 amended 84 66 Conduct of investigation 84 -- 2 of 316 -- Section Page iii Authorised by the Chief Parliamentary Counsel 67 Requirement to provide assistance 85 68 New sections 85D and 85E inserted 86 69 New section 86A inserted 87 70 Advice to a complainant 89 71 Outcome of investigation 91 72 Further consequential amendments 92 Division 5—Amendment of Ombudsman Act 1973 92 73 Definitions 92 74 Procedure relating to investigations 94 75 Section 24 amended 95 76 Confidentiality notice 95 77 Disclosure subject to confidentiality notice 96 78 Division 3 of Part VA repealed 99 79 Further consequential amendments 99 Division 6—Amendment of Victoria Police Act 2013 99 80 Definitions 99 81 What is a police tort? 100 82 Making of complaints 100 83 Heading to Part 10 amended 100 84 Duty to investigate 101 85 Chief Commissioner must inform person who made disclosure of outcome of investigation 101 86 Definitions for Part 10 101 87 Disclosure of restricted matter prohibited 102 88 Section 190 amended 105 89 Further consequential amendments 105 Division 7—Amendment of Parliamentary Committees Act 2003 105 90 Definitions 105 91 Integrity and Oversight Committee 106 92 New section 7A inserted 107 Division 8—Amendment of Judicial Commission of Victoria Act 2016 109 93 Definitions 109 94 Referrals by the IBAC 109 95 Notification to the IBAC does not affect complaint or referral 110 96 Withdrawal of complaints and referrals 110 97 Amendment of references to Principal Act 110 98 Actions to be taken before questioning of a witness or requiring production of a document or other thing 110 99 Privilege against self-incrimination abrogated 110 100 Annual report of the Judicial Commission 111 101 Use and disclosure of information 111 -- 3 of 316 -- Section Page iv Authorised by the Chief Parliamentary Counsel Division 9—Amendment of Local Government Act 1989 111 102 Definitions 111 103 Appointment of Chief Municipal Inspector 113 104 New sections 223BA to 223BM inserted 114 Division 10—Amendment of Racing Act 1958 132 105 Definitions 132 106 Functions of the Racing Integrity Commissioner 134 107 New sections 37K to 37W inserted 134 Division 11—Amendment of Freedom of Information Act 1982 153 108 Definitions 153 109 Freedom of information functions 155 110 New Division 3 of Part VIB inserted 156 Division 12—Consequential amendments of other Acts 174 111 Amendment of Safe Drinking Water Act 2003 174 Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation 175 Division 1—Amendment of Independent Broad-based Anti-corruption Commission Act 2011 175 112 Definitions 175 113 Definitions of public body, public officer and public sector 175 114 The IBAC may receive information 175 115 New section 58A inserted 176 116 Notice of dismissal, investigation or referral of complaint or notification 177 117 Section 98 amended 178 118 Conduct of examinations 180 119 Examinations generally to be held in private 180 120 New section 119A inserted 182 121 Content and form of witness summons 183 122 IBAC to report to Victorian Inspectorate on issue of witness summonses 183 123 Legal representation of witnesses and other persons 184 124 IBAC to inform Victorian Inspectorate of direction in relation to specified Australian legal practitioner 185 125 New section 132A inserted 185 126 Report to Victorian Inspectorate on issue of arrest warrant 186 127 Privileges and secrecy generally 186 128 New section 162A inserted 187 129 Persons who receive reports or information prior to publication 187 130 Offence to disclose certain information received from the IBAC 188 -- 4 of 316 -- Section Page v Authorised by the Chief Parliamentary Counsel Division 2—Amendment of Victorian Inspectorate Act 2011 188 131 Definitions 188 132 Functions of the Victorian Inspectorate 189 133 New section 40A inserted 190 134 New section 41A inserted 192 135 New section 42AA inserted 193 136 New Part 5B inserted 195 137 Complaints 198 138 New section 43A inserted 199 139 Own motion investigation 200 140 Divisions 2 and 3 do not apply 200 141 Matters to be included in annual report 200 Division 3—Amendment of Freedom of Information Act 1982 201 142 Tabling of report in Parliament 201 143 Reporting by Information Commissioner 202 144 New section 61ZH inserted 202 Division 4—Amendment of Privacy and Data Protection Act 2014 204 145 New section 83GA inserted 204 Division 5—Amendment of Public Interest Monitor Act 2011 205 146 Confidentiality 205 Part 4—Ombudsman Act 1973—general amendments 207 147 Definitions 207 148 New section 2A inserted 209 149 Section 13 substituted 210 150 Section 13AAA repealed 212 151 Section 13AA substituted 212 152 Conducting of enquiries 212 153 New Parts IIIAB and IIIAC inserted 213 154 Ombudsman may refuse to deal with certain complaints 218 155 Notification to IBAC 218 156 Notification to Victorian Inspectorate 218 157 Notification to Information Commissioner 219 158 Application of Division 219 159 New section 16IA inserted 219 160 Notice of referral 220 161 Division 2E of Part IV repealed 220 162 Procedure relating to investigations 220 163 New sections 18 and 18A to 18G substituted—new sections 18H to 18S inserted 220 164 New section 25AAB inserted 240 165 Persons who receive proposed or draft reports or information in them 241 -- 5 of 316 -- Section Page vi Authorised by the Chief Parliamentary Counsel 166 Section 26 repealed 241 167 Unauthorised disclosure 241 168 Confidentiality notice 242 169 Disclosure subject to confidentiality notice 242 170 New Part VAB inserted 242 171 Section 31 substituted 248 172 New section 36 inserted 249 173 Schedule 1—Specified entities 251 174 Schedule 3—Persons and bodies to whom or which the Ombudsman may refer complaints 251 Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate 252 Division 1—Amendment of Ombudsman Act 1973 252 175 Definitions 252 176 New Part IVA inserted 252 177 Annual and other reports to Parliament 260 178 Transmission of sections 23(6) and 25 reports to Parliament 260 Division 2—Amendment of Independent Broad-based Anti-corruption Commission Act 2011 260 179 Definitions 260 180 Matters to be included in annual report 261 181 New Part 8 inserted 261 Division 3—Amendment of Victorian Inspectorate Act 2011 269 182 Definitions 269 183 New heading to Division 1 of Part 7 inserted 269 184 New heading to Division 2 of Part 7 inserted 269 185 New sections 90A, 90B, 90C, 90D, 90E and 90F inserted 269 186 New heading to Division 3 of Part 7 inserted 278 187 Matters to be included in annual report 278 Part 6—Integrity and Oversight Committee 279 Division 1—Amendment of Parliamentary Committees Act 2003 279 188 Definitions 279 189 Establishment of Joint House Committees 279 190 New section 6A substituted 279 191 Section 12A repealed 285 192 New Part 11 inserted 285 Division 2—Consequential amendments of other Acts 287 193 Amendment of Parliamentary Salaries and Superannuation Act 1968 287 194 Amendment of Ombudsman Act 1973 288 195 Amendment of Freedom of Information Act 1982 289 -- 6 of 316 -- Section Page vii Authorised by the Chief Parliamentary Counsel 196 Amendment of Independent Broad-based Anti-corruption Commission Act 2011 289 197 Amendment of Victorian Inspectorate Act 2011 289 Part 7—Statute law revision 291 Division 1—Amendment of Freedom of Information Act 1982 291 198 Applications to Information Commissioner for review 291 199 Notice and copies of application for review 291 200 Heading to section 64 amended 291 201 Heading to section 64A amended 291 Division 2—Amendment of Victorian Inspectorate Act 2011 292 202 Definitions 292 203 Objects of Act 292 204 Functions of the Victorian Inspectorate 292 205 Section 85A renumbered as section 85C 292 206 Recommendations must not include information likely to identify person who makes an assessable disclosure 292 207 Outcome of investigation 293 208 Exemption from Freedom of Information Act 1982 293 Division 3—Amendment of Privacy and Data Protection Act 2014 293 209 Information Commissioner to give notice before certain disclosures 293 Part 8—Repeal 294 210 Repeal of amending Act 294 Schedule 1—Further consequential amendments relating to public interest disclosures 295 ═════════════ Endnotes 308 1 General information 308 -- 7 of 316 -- Section Page viii Authorised by the Chief Parliamentary Counsel -- 8 of 316 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019† No. 2 of 2019 [Assented to 5 March 2019] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Protected Disclosure Act 2012 and make related amendments to other Acts— Victoria -- 9 of 316 -- Part 1—Preliminary Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 2 Authorised by the Chief Parliamentary Counsel (i) to change the title of that Act and the provisions of the Act to refer instead to "public interest disclosures" and "public interest complaints"; and (ii) to encourage and facilitate the reporting of improper conduct in the public sector by— (A) expanding and clarifying the types of wrongdoing that can be disclosed and investigated as a public interest complaint; and (B) clarifying and simplifying the pathways and procedures for making a public interest disclosure; and (C) clarifying and simplifying confidentiality obligations, including allowing access to support services; and (D) protecting external disclosures in limited circumstances; and (iii) to expand the range of bodies that may investigate a public interest complaint; and (iv) to permit disclosures about a Public Interest Monitor, the Victorian Inspectorate and a Victorian Inspectorate Officer; and (v) to clarify the processes, powers and confidentiality obligations applying to disclosures about members of Victoria Police personnel; and (b) to make Victoria's integrity and accountability system clearer and more efficient and improve on its operation by— -- 10 of 316 -- Part 1—Preliminary Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 3 Authorised by the Chief Parliamentary Counsel (i) amending the Independent Broad- based Anti-corruption Commission Act 2011 to improve the IBAC's powers in relation to public examinations, complaints handling and the provision of advance copies of reports; and (ii) amending the Victorian Inspectorate Act 2011 to clarify the oversight by the Victorian Inspectorate of the IBAC, the Ombudsman, the Victorian Auditor- General's Office, the Chief Examiner and the Information Commissioner; and (iii) amending the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014 to ensure that coercive powers exercised by the Information Commissioner are able to be subject to oversight by the Victorian Inspectorate; and (iv) amending the Public Interest Monitor Act 2011 to allow a Public Interest Monitor to disclose confidential information to allow oversight by the Victorian Inspectorate and to a lawyer for the purpose of obtaining legal advice; and (c) to amend the Ombudsman Act 1973— (i) to clarify the purposes of that Act; and (ii) to provide the Ombudsman with modern functions to help the Ombudsman resolve complaints and promote improved public administration; and -- 11 of 316 -- Part 1—Preliminary Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 4 Authorised by the Chief Parliamentary Counsel (iii) to provide the Ombudsman with clear jurisdiction over complaints about publicly funded services; and (iv) to modernise and clarify the Ombudsman's investigation powers; and (v) to allow complainants aged 10 to 16 years to provide information to the Ombudsman on a voluntary basis, subject to appropriate safeguards; and (vi) to allow the Ombudsman to share information with a body to which the Ombudsman has referred a matter and with an authority to help them improve their complaints handling practices; and (vii) to make other operational and technical improvements; and (d) to amend the Ombudsman Act 1973, the Independent Broad-based Anti-corruption Commission Act 2011 and the Victorian Inspectorate Act 2011 to allow funding to the Ombudsman, the IBAC and the Victorian Inspectorate to be allocated each financial year through the Parliament Appropriation Bill as a separately disclosed budget line; and (e) to amend the Parliamentary Committees Act 2003 and make consequential amendments to other Acts to streamline the Parliamentary oversight of the integrity and accountability system by merging the current IBAC Committee and the Accountability and Oversight Committee into a new Integrity and Oversight Committee. -- 12 of 316 -- Part 1—Preliminary Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 5 Authorised by the Chief Parliamentary Counsel 2 Commencement (1) Parts 1, 6, 7 and 8 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsections (3) and (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision of this Act, other than Part 5, does not come into operation before 1 January 2020, it comes into operation on that day. (4) Part 5 comes into operation on 1 July 2020. -- 13 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 6 Authorised by the Chief Parliamentary Counsel Part 2—Amendments relating to public interest disclosures Division 1—Preliminary 3 Principal Act In this Part, the Protected Disclosure Act 2012 is called the Principal Act. Division 2—Amendment of Protected Disclosure Act 2012 4 Amendment of title In the title to the Principal Act, for "Protected Disclosure" substitute "Public Interest Disclosures". 5 Amendment of purposes After section (1)(b) of the Principal Act insert— "(ba) to ensure that those disclosures are properly assessed and, where necessary, investigated;". 6 Definitions (1) In section 3 of the Principal Act insert the following definitions— "Chief Municipal Inspector has the same meaning as it has in section 3(1) of the Local Government Act 1989; Information Commissioner has the same meaning as it has in section 5(1) of the Freedom of Information Act 1982; Integrity and Oversight Committee means the Integrity and Oversight Committee established by section 5(a) of the Parliamentary Committees Act 2003; -- 14 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 7 Authorised by the Chief Parliamentary Counsel misdirected disclosure has the meaning given in section 18(1); public interest complaint means a disclosure that has been determined under section 26, 31 or 31B to be a public interest complaint; public interest disclosure has the meaning given in section 9; Racing Integrity Commissioner has the same meaning as it has in section 3(1) of the Racing Act 1958;". (2) In section 3 of the Principal Act, for the definition of assessable disclosure substitute— "assessable disclosure means— (a) a disclosure that, under section 21(2), must be notified to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee; (b) a disclosure that, under section 21(3), may be notified to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee; (c) a disclosure that, under section 36(2), must be notified to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee; (d) a disclosure made to the IBAC in accordance with Division 2 of Part 2; (e) a disclosure made to the Victorian Inspectorate under section 14(b); (f) a disclosure made to the Integrity and Oversight Committee under section 14(a); -- 15 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 8 Authorised by the Chief Parliamentary Counsel (g) a police complaint disclosure that, under section 22, must be notified to the IBAC; (h) a police complaint disclosure made to the IBAC;". (3) In section 3 of the Principal Act, in the definition of investigating entity— (a) in paragraph (e), for "protected disclosure complaint" substitute "public interest complaint"; (b) after paragraph (e) insert— "(f) the Chief Municipal Inspector; (g) the Racing Integrity Commissioner; (h) the Information Commissioner;". (4) In section 3 of the Principal Act, the definitions of protected disclosure and protected disclosure complaint are repealed. 7 Meaning of improper conduct (1) For section 4(1) and (2) of the Principal Act substitute— "(1) For the purposes of this Act, improper conduct means— (a) corrupt conduct; or (b) conduct of a public officer or public body engaged in by the public officer or public body in their capacity as a public officer or a public body that constitutes— (i) a criminal offence; or (ii) serious professional misconduct; or -- 16 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 9 Authorised by the Chief Parliamentary Counsel (iii) dishonest performance of public functions; or (iv) an intentional or reckless breach of public trust; or (v) an intentional or reckless misuse of information or material acquired in the course of the performance of the functions of the public officer or public body; or (vi) a substantial mismanagement of public resources; or (vii) a substantial risk to the health or safety of one or more persons; or (viii) a substantial risk to the environment; or (c) conduct of any person that— (i) adversely affects the honest performance by a public officer or public body of their functions as a public officer or public body; or (ii) is intended to adversely affect the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body and results in the person, or an associate of the person, obtaining— (A) a licence, permit, approval, authority or other entitlement under any Act or subordinate instrument; or -- 17 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 10 Authorised by the Chief Parliamentary Counsel (B) an appointment to a statutory office or as a member of the board of any public body under any Act or subordinate instrument; or (C) a financial benefit or real or personal property; or (D) any other direct or indirect monetary or proprietary gain— that the person or associate would not have otherwise obtained; or (d) conduct of any person that could constitute a conspiracy or attempt to engage in any of the conduct referred to in paragraph (a), (b) or (c). (2) Despite subsection (1), conduct that is trivial does not constitute improper conduct for the purposes of this Act.". (2) In section 4(2A) and (2B) of the Principal Act, for "section 4(2)(da)" substitute "section 4(1)(c)(ii)". 8 Definitions of public body, public officer and public sector In section 6 of the Principal Act— (a) in the definition of public body, after paragraph (b) insert— "(ba) the Victorian Inspectorate; or"; (b) in the definition of public officer, after paragraph (b) insert— "(ba) a Victorian Inspectorate Officer; or (bb) a Public Interest Monitor; or". -- 18 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 11 Authorised by the Chief Parliamentary Counsel 9 New Parts 2 and 3 substituted For Parts 2 and 3 of the Principal Act substitute— "Part 2—Public interest disclosures Division 1—General 9 Public interest disclosure (1) Subject to subsection (3) and Division 3, a public interest disclosure is a disclosure by a natural person of— (a) information that shows or tends to show— (i) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or (ii) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or (b) information that the person reasonably believes shows or tends to show— (i) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or (ii) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45. (2) A public interest disclosure may be about conduct that has occurred before the commencement of this section. -- 19 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 12 Authorised by the Chief Parliamentary Counsel (3) A disclosure regarding the conduct of, or actions taken by, any of the following is not a public interest disclosure— (a) the Office of the Special Investigations Monitor; (b) the Special Investigations Monitor; (c) a court; (d) an investigating panel; (e) a member of an investigating panel. 10 Not necessary to identify person or body to whom public interest disclosure relates A public interest disclosure may be made even if the person making the disclosure cannot identify the person or the body to whom or to which the disclosure relates. 11 Complaints, notifications and disclosures under other Acts may be public interest disclosures A disclosure may be a public interest disclosure even if it is a complaint, notification or disclosure (however described) made under another Act. Division 2—How and to whom a public interest disclosure may be made 12 How a public interest disclosure may be made (1) A public interest disclosure to an entity must be made in accordance with the procedures established by the entity under section 58. (2) A public interest disclosure to an entity may be made to a person permitted to receive a disclosure on behalf of the entity (a permitted person). -- 20 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 13 Authorised by the Chief Parliamentary Counsel (3) A public interest disclosure may be made orally or in writing. (4) A public interest disclosure made to an entity in writing must be addressed to the entity or a permitted person and sent (by post or electronically) or delivered to, or left at, the office of the entity or the permitted person. (5) For the purposes of this Division, a person specified in column 2 of the Table in Schedule 2 is permitted to receive a public interest disclosure on behalf of the entity specified opposite in column 1 of that Table. 12A Public interest disclosure may be made anonymously (1) Despite any contrary provision in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006), a public interest disclosure may be made anonymously. (2) A provision of this or any other Act requiring an entity to notify, advise or otherwise communicate with a person who has made a public interest disclosure does not apply if the person makes the disclosure anonymously. 13 Persons or bodies to which public interest disclosures may be made (1) Unless required to be made to another entity under section 14 or 17, a public interest disclosure must be made to a person or entity in accordance with this section. (2) A public interest disclosure may be made to— (a) the IBAC; or -- 21 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 14 Authorised by the Chief Parliamentary Counsel (b) the Ombudsman; or (c) the Victorian Inspectorate. (3) A public interest disclosure may be made to a public service body within the meaning of section (4)(1) of the Public Administration Act 2004 if the disclosure relates to the conduct of the public service body or of a member, officer or employee of the public service body. (4) Subsection (3) does not apply in relation to a service, program or initiative provided by a prescribed entity. (5) A public interest disclosure may be made to a public officer prescribed for the purposes of this section if the disclosure relates to an employee of, or any person otherwise engaged by, or acting on behalf of, or acting as a deputy or delegate of that public officer. 14 Persons or bodies to which certain public interest disclosures must be made Except as provided in section 15, a public interest disclosure must be made— (a) to the Integrity and Oversight Committee or a Presiding Officer, if the disclosure relates to— (i) the Victorian Inspectorate; or (ii) a Victorian Inspectorate Officer; (b) to the Victorian Inspectorate, if the disclosure relates to— (i) the IBAC; or (ii) an IBAC Officer; or (iii) a Public Interest Monitor; -- 22 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 15 Authorised by the Chief Parliamentary Counsel (c) to the IBAC or the Judicial Commission, if the disclosure relates to— (i) a judicial officer; or (ii) a member of VCAT who is not a judicial officer; (d) to the IBAC or to Victoria Police, if the disclosure relates to a member of Victoria Police personnel, other than the Chief Commissioner of Police; (e) to the IBAC or the Ombudsman, if the disclosure relates to— (i) a Councillor; or (ii) the Information Commissioner; or (iii) the Health Complaints Commissioner appointed under the Health Complaints Act 2016; (f) to the IBAC or the Victorian Inspectorate, if the disclosure relates to— (i) the Chief Examiner or an Examiner appointed under section 21 of the Major Crime (Investigative Powers) Act 2004; or (ii) an Ombudsman officer; or (iii) a VAGO officer; or (iv) a Judicial Commission officer, other than a judicial member of the Board of the Judicial Commission; -- 23 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 16 Authorised by the Chief Parliamentary Counsel (g) to the IBAC, if the disclosure relates to— (i) the Chief Commissioner of Police; or (ii) the Director of Public Prosecutions appointed under the Constitution Act 1975; or (iii) the Chief Crown Prosecutor appointed under the Public Prosecutions Act 1994; or (iv) the Solicitor-General appointed under the Attorney-General and Solicitor-General Act 1972; or (v) the Governor appointed under the Constitution Act 1975; or (vi) the Lieutenant-Governor or Administrator appointed under the Constitution Act 1975; or (vii) the Director, Police Integrity, appointed under the Police Integrity Act 2008; or (viii) the Electoral Commissioner appointed under the Electoral Act 2002; or (ix) a commissioner within the meaning of the Inquiries Act 2014; or (x) a member of a Board of Inquiry within the meaning of the Inquiries Act 2014; or (xi) a judicial employee employed under Division 3 of Part 6 of the Public Administration Act 2004; or -- 24 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 17 Authorised by the Chief Parliamentary Counsel (xii) a Ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004; or (xiii) a Parliamentary adviser employed under Division 2 of Part 6 of the Public Administration Act 2004; or (xiv) an electorate officer employed under Part 4 of the Parliamentary Administration Act 2005; or (xv) a Parliamentary officer within the meaning of section 4(1) of the Parliamentary Administration Act 2005. 15 Disclosures by employees, etc. of public service body or public officer (1) A public interest disclosure, including a disclosure that otherwise is required to be made to another entity under section 14 or 17(3), may be made in accordance with this section. (2) A public interest disclosure may be made to a public service body by a member, officer or employee of the public service body. (3) A public interest disclosure may be made to a public officer prescribed for the purposes of section 13(5) by a member, officer or employee of the public officer. (4) A public interest disclosure that relates to a member of Parliament may not be made under this section. -- 25 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 18 Authorised by the Chief Parliamentary Counsel 16 Public interest disclosures to Councils (1) A public interest disclosure that relates to the conduct of a Council or of a member, officer or employee of a Council may be made to that Council. (2) A public interest disclosure may be made to a Council by a person who is a member, officer or employee of the Council unless— (a) the disclosure is required to be made to another entity under section 14 or 17(3); or (b) the disclosure relates to a member of Parliament. 17 Public interest disclosures relating to members of Parliament or Ministers of the Crown (1) A public interest disclosure that relates to a member of the Legislative Assembly (whether in the member's capacity as a member of Parliament or as a Minister of the Crown) must be made to the Speaker of the Legislative Assembly. (2) A public interest disclosure that relates to a member of the Legislative Council (whether in the member's capacity as a member of Parliament or as a Minister of the Crown) must be made to the President of the Legislative Council. (3) Except as provided in section 15, a public interest disclosure that relates to a Minister of the Crown who is not a member of Parliament must be made to the IBAC. -- 26 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 19 Authorised by the Chief Parliamentary Counsel 18 Misdirected disclosures (1) A public interest disclosure made to an entity (the receiving entity) that is not an entity to which the disclosure may or must be made under this Division is a misdirected disclosure if— (a) the receiving entity is an entity to which a public interest disclosure may be made under this Division; and (b) the person who made the disclosure honestly believed that the receiving entity was an appropriate entity to which to make the disclosure. Note A misdirected disclosure may be notified for assessment under section 21 if the receiving entity considers that the disclosure shows or tends to show either of the matters mentioned in section 21(1)(b)(i) or (ii). Also, the protections under Part 6 apply to a misdirected disclosure. See section 38. (2) Subsection (1) does not apply to a public interest disclosure that relates to a member of Parliament. Division 3—Disclosures that are not public interest disclosures 19 Person making disclosure may state that disclosure is not a public interest disclosure (1) Despite section 9, a disclosure is not a public interest disclosure if the person making the disclosure expressly states in writing that the disclosure is not a public interest disclosure. -- 27 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 20 Authorised by the Chief Parliamentary Counsel Note Consequently, the disclosure is not required to be notified to, or assessed by, the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee and the protections under Part 6 do not apply to the disclosure. (2) A written statement referred to in subsection (1) must be given to the entity to which the disclosure is made no later than 28 days after the disclosure is made. Note Subsection (2) does not operate to prevent a receiving entity from notifying a disclosure under Division 1 of Part 3 at any time before the expiry of the 28 day period referred to in that subsection if, at the time of the notification, the person has not made a statement under subsection (1). 20 Disclosure made in performance of functions or duties (1) A disclosure is not a public interest disclosure if the disclosure is made by an officer or employee of an investigating entity in the performance of the officer's or the employee's functions or duties under the Act under which the investigating entity is authorised to investigate public interest complaints. (2) Subsection (1) does not apply if— (a) at the time the disclosure is made, the person making the disclosure expressly states in writing that the disclosure is a public interest disclosure; and (b) the disclosure is otherwise made in accordance with Division 2. -- 28 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 21 Authorised by the Chief Parliamentary Counsel Part 3—Notification and assessment of public interest disclosures Division 1—Notification 21 Notification of disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee (1) This section applies if— (a) a public interest disclosure— (i) is made in accordance with Division 2 of Part 2 to an entity other than to— (A) the IBAC; or (B) the Victorian Inspectorate under section 14(b); or (C) the Integrity and Oversight Committee under section 14(a); or (ii) is a misdirected disclosure; and (b) the entity that received the disclosure (the receiving entity) considers that the disclosure may be a disclosure that— (i) shows or tends to show— (A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or -- 29 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 22 Authorised by the Chief Parliamentary Counsel (B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or (ii) the person who made the disclosure believes on reasonable grounds shows or tends to show— (A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or (B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45. (2) Subject to subsection (3), the receiving entity must, no later than 28 days after the disclosure is made, notify the disclosure to the appropriate entity for assessment under this Part. (3) If the disclosure is made to the Presiding Officer, the Presiding Officer may notify the disclosure to the appropriate entity for assessment under this Part. (4) For the purposes of subsections (2) and (3), the appropriate entity to which a public interest disclosure must or may be notified is— (a) the Integrity and Oversight Committee—if the disclosure relates to the Victorian Inspectorate or a Victorian Inspectorate Officer; or -- 30 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 23 Authorised by the Chief Parliamentary Counsel (b) the Victorian Inspectorate—if the disclosure relates to the IBAC, an IBAC Officer or a Public Interest Monitor; or (c) the IBAC—if the disclosure relates to any other person or body. Note The protections under Part 6 apply to a public interest disclosure whether or not the disclosure is notified to the appropriate entity under this section. 22 Chief Commissioner of Police must notify police complaint disclosure to the IBAC (1) This section applies if— (a) a police complaint disclosure is made to the Chief Commissioner of Police or referred to the Chief Commissioner under section 168 of the Victoria Police Act 2013; and (b) the Chief Commissioner considers that the disclosure may be a disclosure that— (i) shows or tends to show— (A) a police officer or protective services officer has engaged, is engaging or proposes to engage in improper conduct; or (B) a police officer or protective services officer has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or -- 31 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 24 Authorised by the Chief Parliamentary Counsel (ii) the person who made the disclosure believes on reasonable grounds shows or tends to show— (A) a police officer or protective services officer has engaged, is engaging or proposes to engage in improper conduct; or (B) a police officer or protective services officer has taken, is taking or proposes to take detrimental action against a person in contravention of section 45. (2) The Chief Commissioner of Police must, no later than 28 days after the police complaint disclosure is made or referred to the Chief Commissioner, notify the disclosure to the IBAC for assessment under this Part. Note The protections under Part 6 apply to a police complaint disclosure whether or not the disclosure is notified to the IBAC under this section. 23 Provision of other information in respect of notified disclosure (1) An entity that has notified a public interest disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee (the notified entity) under section 21 or 22 may provide to the notified entity any information in respect of the disclosure obtained in the course of determining that the disclosure is a disclosure that must be notified. -- 32 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 25 Authorised by the Chief Parliamentary Counsel (2) Information may be provided to the notified entity under subsection (1) at the time of the notification of the public interest disclosure or at any later time. 24 Advice to person making disclosure to entity other than a Presiding Officer (1) This section applies if— (a) a public interest disclosure referred to in section 21(1)(a) is made to an entity other than a Presiding Officer; or (b) a police complaint disclosure is made or referred to the Chief Commissioner of Police. (2) If the disclosure is notified under section 21(2) or 22(2), the entity or the Chief Commissioner (the receiving entity) must advise the person who made the disclosure that the disclosure has been notified to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee (as the case may be) for assessment under this Act. (3) Subject to subsection (5), if the disclosure is not notified under section 21(2) or 22(2), the receiving entity must advise the person who made the disclosure that— (a) the receiving entity considers that the disclosure does not show and does not tend to show— (i) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or -- 33 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 26 Authorised by the Chief Parliamentary Counsel (ii) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; and (b) consequently, the disclosure has not been notified for assessment under this Act; but (c) the protections under Part 6 apply to the disclosure. (4) Advice given under subsection (2) or (3) must be— (a) in writing; and (b) given no later than 28 days after the disclosure is made to the receiving entity. (5) A receiving entity is not required to advise the person under subsection (3) unless the person has indicated to the receiving entity, or it otherwise appears to the receiving entity, that the person wishes to receive the protections that apply to a public interest disclosure under this Act. 25 Advice to person making disclosure to a Presiding Officer (1) This section applies if a public interest disclosure is made to a Presiding Officer. (2) If the Presiding Officer notifies the disclosure under section 21(3), the Presiding Officer may advise the person who made the disclosure that the disclosure has been notified to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee (as the case may be) for assessment under this Act. -- 34 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 27 Authorised by the Chief Parliamentary Counsel (3) If the Presiding Officer does not notify the disclosure under section 21(3), the Presiding Officer may advise the person who made the disclosure that the disclosure has not been notified for assessment under this Act. Division 2—Determination of whether disclosure is a public interest complaint 26 Assessment of public interest disclosure and determination by the IBAC (1) If— (a) a public interest disclosure is made to the IBAC in accordance with Division 2 of Part 2; or (b) a public interest disclosure is notified to the IBAC under section 21; or (c) a police complaint disclosure is notified to the IBAC under section 22; or (d) a police complaint disclosure is made to the IBAC— the IBAC must assess the disclosure to determine whether or not the disclosure is a public interest complaint. (2) If a disclosure is made or notified to the IBAC in accordance with any other Act, the IBAC may assess the disclosure to determine whether or not the disclosure is a public interest complaint. (3) Following an assessment under subsection (1) or (2), the IBAC must— (a) determine that the disclosure is a public interest complaint if the IBAC considers that— -- 35 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 28 Authorised by the Chief Parliamentary Counsel (i) the disclosure shows or tends to show— (A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or (B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or (ii) the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show— (A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or (B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or (b) determine that the disclosure is not a public interest complaint in any other case. Note The protections under Part 6 apply to a public interest disclosure or a police complaint disclosure whether or not the IBAC has determined that the disclosure is a public interest complaint. -- 36 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 29 Authorised by the Chief Parliamentary Counsel (4) A determination under subsection (3) must be made within a reasonable time after the disclosure is made, or notified, to the IBAC. (5) Despite subsection (3)(a) and subject to subsection (6), the IBAC may determine that a disclosure which has been notified to the IBAC under section 21 or 22 is not a public interest complaint if the IBAC considers that— (a) it would be more appropriate for the matter which is the subject of the disclosure to be dealt with by the notifying entity or another public body; or (b) the matter which is the subject of the disclosure has been adequately dealt with— (i) by the notifying entity or another public body as required by law or by another Act; or (ii) as required under an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth. (6) Before determining under subsection (5) that a notified disclosure is not a public interest complaint, the IBAC must— (a) consult with the notifying entity; and (b) unless the disclosure was made anonymously, obtain the consent of the person who made the disclosure for the disclosure to be dealt with other than as a public interest complaint. -- 37 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 30 Authorised by the Chief Parliamentary Counsel (7) The IBAC must not exercise any of its powers of investigation under the Independent Broad-based Anti-corruption Commission Act 2011 when making an assessment under subsection (1) or (2). 26A Further assessment of disclosure determined not to be public interest complaint If the IBAC has determined under section 26 that a disclosure is not a public interest complaint, the IBAC may— (a) assess whether the disclosure is a complaint or notification under the Independent Broad-based Anti- corruption Commission Act 2011; and (b) if so, deal with the disclosure as a complaint or notification under that Act. 27 Advice to notifying entity (1) If a disclosure has been notified to the IBAC by an entity under section 21 or 22, the IBAC must advise the entity of the IBAC's determination under section 26. (2) The advice must be— (a) in writing; and (b) given within a reasonable time after the determination is made. -- 38 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 31 Authorised by the Chief Parliamentary Counsel 28 Disclosure determined to be a public interest complaint—advice to person who made disclosure (1) If the IBAC determines that a disclosure is a public interest complaint, the IBAC must advise the person who made the disclosure that— (a) the IBAC has determined that the disclosure is a public interest complaint; and (b) the protections under Part 6 apply to the disclosure. (2) The advice must be— (a) in writing; and (b) given within a reasonable time after the determination is made. (3) The advice must include a written statement containing the prescribed matters relating to the rights, protections and obligations under this Act of a person who has made a public interest disclosure. 29 Disclosure determined not to be a public interest complaint—advice to person who made disclosure (1) Subject to subsection (3), if the IBAC determines that a disclosure is not a public interest complaint, the IBAC must advise the person who made the disclosure that— (a) the IBAC has determined that the disclosure is not a public interest complaint; and -- 39 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 32 Authorised by the Chief Parliamentary Counsel (b) as a consequence of that determination— (i) the disclosure will not be investigated as a public interest complaint; and (ii) the confidentiality provisions under Part 7 of this Act no longer apply in relation to the disclosure; but (c) the protections under Part 6 apply to the disclosure. (2) The advice must— (a) be in writing; and (b) state the reasons why the IBAC has determined that the disclosure is not a public interest complaint; and (c) be given within a reasonable time after the determination is made. (3) If the disclosure was made by a person to the IBAC, the IBAC is not required to advise the person under subsection (1) unless the person has indicated to the IBAC, or it otherwise appears to the IBAC, that the person wishes to receive the protections that apply to a public interest disclosure under this Act. 30 Advice regarding alternative procedures for dealing with disclosure If the IBAC determines that a disclosure is not a public interest complaint but considers that the matter which is the subject of the disclosure may be able to be dealt with by another entity, the IBAC may advise the person who made the disclosure that— -- 40 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 33 Authorised by the Chief Parliamentary Counsel (a) the matter which is the subject of the disclosure may be able to be dealt with by that entity other than as a public interest complaint; and (b) if the person wishes to pursue the matter, the person should make a complaint directly to that entity. 31 Assessment of disclosure and determination by the Victorian Inspectorate (1) If a public interest disclosure that relates to the IBAC, an IBAC Officer or a Public Interest Monitor— (a) is made to the Victorian Inspectorate in accordance with Division 2 of Part 2; or (b) is notified to the Victorian Inspectorate under section 21— the Victorian Inspectorate must assess the disclosure to determine whether or not the disclosure is a public interest complaint. (2) Following an assessment under subsection (1), the Victorian Inspectorate must— (a) determine that the disclosure is a public interest complaint if the Victorian Inspectorate considers that— (i) the disclosure shows or tends to show— (A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or -- 41 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 34 Authorised by the Chief Parliamentary Counsel (B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or (ii) the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show— (A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or (B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or (b) determine that the disclosure is not a public interest complaint in any other case. Note The protections under Part 6 apply to a public interest disclosure whether or not the Victorian Inspectorate has determined that the disclosure is a public interest complaint. (3) A determination under subsection (2) must be made within a reasonable time after the disclosure is made, or notified, to the Victorian Inspectorate. -- 42 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 35 Authorised by the Chief Parliamentary Counsel (4) The Victorian Inspectorate must not exercise any of its powers of investigation under the Victorian Inspectorate Act 2011 when making an assessment under subsection (1). (5) Sections 27, 28, 29 and 30 apply to a public interest disclosure assessed by the Victorian Inspectorate under subsection (1) as if a reference to the IBAC were a reference to the Victorian Inspectorate. 31A Further assessment of disclosure determined not to be public interest complaint If the Victorian Inspectorate has determined under section 31 that a disclosure is not a public interest complaint, the Victorian Inspectorate may— (a) assess whether the disclosure is a complaint under the Victorian Inspectorate Act 2011; and (b) if so, deal with the disclosure as a complaint under that Act. 31B Assessment of disclosure and determination by the Integrity and Oversight Committee (1) If a public interest disclosure that relates to the Victorian Inspectorate or a Victorian Inspectorate Officer— (a) is made to the Integrity and Oversight Committee in accordance with Division 2 of Part 2; or -- 43 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 36 Authorised by the Chief Parliamentary Counsel (b) is notified to the Integrity and Oversight Committee under section 21— the Integrity and Oversight Committee must assess the disclosure to determine whether or not the disclosure is a public interest complaint. (2) Following an assessment under subsection (1), the Integrity and Oversight Committee must— (a) determine that the disclosure is a public interest complaint if the Committee considers that— (i) the disclosure shows or tends to show— (A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or (B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or (ii) the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show— (A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or -- 44 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 37 Authorised by the Chief Parliamentary Counsel (B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or (b) determine that the disclosure is not a public interest complaint in any other case. Note The protections under Part 6 apply to a public interest disclosure whether or not the Integrity and Oversight Committee has determined that the disclosure is a public interest complaint. (3) A determination under subsection (2) must be made within a reasonable time after the disclosure is made, or notified, to the Integrity and Oversight Committee. (4) The Integrity and Oversight Committee must not exercise any of its powers of investigation under the Parliamentary Committees Act 2003 when making an assessment under subsection (1). (5) Sections 27, 28, 29 and 30 apply to a public interest disclosure assessed by the Integrity and Oversight Committee under subsection (1) as if a reference to the IBAC were a reference to the Integrity and Oversight Committee.". 10 Heading to Part 4 amended In the heading to Part 4 of the Principal Act, for "protected disclosure complaints" substitute "public interest complaints". -- 45 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 38 Authorised by the Chief Parliamentary Counsel 11 Section 32 amended (1) In the heading to section 32 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint". (2) In section 32 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint". (3) In the note at the foot of section 32 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint". 12 Section 33 amended (1) In the heading to section 33 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint". (2) In section 33 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint". (3) In the note at the foot of section 33 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint". 13 New section 33A inserted After section 33 of the Principal Act insert— "33A Disclosure determined by the Integrity and Oversight Committee to be a public interest complaint If the Integrity and Oversight Committee determines that a disclosure is a public interest complaint, the Committee must engage an independent person to investigate the disclosure in accordance with Part 4A.". -- 46 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 39 Authorised by the Chief Parliamentary Counsel 14 New Part 4A inserted After Part 4 of the Principal Act insert— "Part 4A—Engagement of independent person to investigate public interest complaints made or notified to the Integrity and Oversight Committee 33B Public interest complaint relating to the Inspector (1) If the Integrity and Oversight Committee has determined that a public interest disclosure relating to the Inspector is a public interest complaint, the Committee must— (a) notify the Minister that the Committee has received a public interest disclosure relating to the Inspector that the Committee has determined to be a public interest complaint; and (b) request that the Minister recommend one or more independent persons to investigate the public interest complaint; and (c) provide to the Minister sufficient information about the nature of the disclosure to enable the Minister to make that recommendation. (2) The information referred to in subsection (1)(c) must not identify the person who made the public interest disclosure. (3) Within 30 days after receiving a notification under subsection (1), the Minister must recommend to the Integrity and Oversight Committee one or more independent persons -- 47 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 40 Authorised by the Chief Parliamentary Counsel who, in the opinion of the Minister, are suitable to investigate the public interest complaint. (4) In this section— Inspector has the same meaning as in section 3(1) of the Victorian Inspectorate Act 2011. 33C Action by the Integrity and Oversight Committee on receipt of recommendation by the Minister (1) On receipt of the recommendation by the Minister of a person or persons to investigate the public interest complaint, the Integrity and Oversight Committee may— (a) engage one of the persons recommended by the Minister to investigate the public interest complaint under section 30 of the Parliamentary Committees Act 2003; or (b) decide to accept none of the persons recommended by the Minister. (2) If the Integrity and Oversight Committee engages a person recommended by the Minister to investigate the public interest complaint, the Committee must notify the Minister in writing of its decision within 30 days after the Minister's recommendation is received by the Committee. (3) If the Integrity and Oversight Committee decides to accept none of the persons recommended by the Minister, the Committee must request that the Minister recommend to the Committee one or more additional persons to investigate the public interest complaint. -- 48 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 41 Authorised by the Chief Parliamentary Counsel (4) Within 30 days after receiving a request from the Integrity and Oversight Committee under subsection (3), the Minister must recommend one or more additional persons to investigate the public interest complaint. (5) Subsections (1) to (3) apply in relation to a recommendation made by the Minister under subsection (4). 33D Public interest complaint relating to the Victorian Inspectorate or a Victorian Inspectorate Officer (1) If the Integrity and Oversight Committee has determined that a public interest disclosure relating to the Victorian Inspectorate or a Victorian Inspectorate Officer is a public interest complaint, the Committee must engage an independent person to investigate the public interest complaint under section 30 of the Parliamentary Committees Act 2003. (2) The Integrity and Oversight Committee must notify the engagement of an independent person to investigate a public interest complaint relating to the Victorian Inspectorate or a Victorian Inspectorate Officer to— (a) the Minister; and (b) the Inspector, unless the Committee reasonably believes that notifying the Inspector could prejudice the investigation. (3) For the purposes of this section, a Victorian Inspectorate Officer does not include the Inspector. -- 49 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 42 Authorised by the Chief Parliamentary Counsel (4) In this section— Inspector has the same meaning as in section 3(1) of the Victorian Inspectorate Act 2011. 33E Integrity and Oversight Committee may decline to engage independent investigator to investigate public interest complaint (1) Despite section 33B(1) and 33D(1), the Integrity and Oversight Committee may decide not to request the Minister to recommend an independent person to investigate a public interest complaint or decide not to engage an independent person to investigate a public interest complaint if the Committee considers— (a) the subject matter of the public interest complaint has already been investigated or otherwise dealt with by— (i) an integrity body within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; or (ii) any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions; or (b) the person who made the public interest complaint— (i) made the disclosure that was determined to be a public interest complaint more than 12 months after becoming aware of the disclosed matter; and -- 50 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 43 Authorised by the Chief Parliamentary Counsel (ii) fails to give a satisfactory explanation for the delay in making the disclosure. (2) If subsection (1) applies, the Integrity and Oversight Committee must, within a reasonable time after receiving the public interest complaint, inform the person who made the public interest disclosure of— (a) the refusal to investigate the public interest complaint; and (b) the reason for that refusal. 33F Further information provided to investigator If a person engaged under this Part to conduct an investigation is provided with further information that relates to the public interest complaint that is the subject of the investigation, the person conducting the investigation must— (a) notify the further information to the Integrity and Oversight Committee; and (b) state in the notification that the further information is to be treated as if it were a disclosure to which the protections under Part 6 apply.". 15 Related disclosures (1) In section 34(1)(a) and (c) of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint". (2) In section 34(2)(a)(ii) of the Principal Act, for "protected disclosure complaint made to it under section 17" substitute "public interest complaint made to it under section 14(b)". -- 51 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 44 Authorised by the Chief Parliamentary Counsel (3) In section 34(2)(b)(i) and (ii) of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint". 16 Amendment of section 35 (1) In the heading to section 35 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint". (2) In section 35 of the Principal Act, for "protected disclosure complaint" (wherever occurring) substitute "public interest complaint". (3) In the note at the foot of section 35 of the Principal Act— (a) for "section 38(2)" substitute "section 38(5)"; (b) for "protected disclosure" (where twice occurring) substitute "public interest disclosure". 17 Related disclosure made by other person (1) In section 36(1)(a) of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint". (2) For section 36(2) of the Principal Act substitute— "(2) Despite section 21, the investigating entity must notify the related disclosure to the appropriate entity if, and only if, the investigating entity considers that— (a) the related disclosure shows or tends to show— (i) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or -- 52 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 45 Authorised by the Chief Parliamentary Counsel (ii) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or (b) the person who made the related disclosure believes on reasonable grounds that the disclosure shows or tends to show— (i) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or (ii) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45.". (3) In section 36(3) of the Principal Act, for "the IBAC" (where twice occurring) substitute "the appropriate entity". (4) After section 36(3) of the Principal Act insert— "(4) In this section, appropriate entity has the same meaning as in section 21(4).". 18 Related disclosure notified to the IBAC (1) In the heading to section 37 of the Principal Act, for "the IBAC" substitute "an appropriate entity". (2) In section 37(1) of the Principal Act, for "the IBAC" (where twice occurring) substitute "an appropriate entity". (3) Section 37(3) of the Principal Act is repealed. -- 53 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 46 Authorised by the Chief Parliamentary Counsel 19 New section 37A inserted After section 37 of the Principal Act insert— "37A Investigation of related disclosure referred to investigating entity by an appropriate entity An investigating entity may investigate a related disclosure notified to an appropriate entity under section 36(2) as part of its investigation of the public interest complaint to which it relates if the appropriate entity— (a) has determined that the related disclosure is a public interest complaint; and (b) has referred the related disclosure to the investigating entity for investigation.". 20 Heading to Part 6 amended In the heading to Part 6 of the Principal Act, for "protected disclosure" substitute "public interest disclosure". 21 Section 38 substituted For section 38 of the Principal Act substitute— "38 Disclosures to which this Part applies (1) This Part applies to the following disclosures— (a) a public interest disclosure made in accordance with Division 2 of Part 2; (b) a misdirected disclosure; (c) a complaint by a police officer or a protective services officer about the conduct of another police officer or protective services officer made in accordance with section 167(3) of the Victoria Police Act 2013; -- 54 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 47 Authorised by the Chief Parliamentary Counsel (d) an external disclosure made in accordance with section 38A. (2) A reference in this Part (other than a reference in this section or section 38A) to a public interest disclosure is taken to be a reference to a disclosure to which this Part applies. (3) This Part applies to a public interest disclosure made in accordance with Division 2 of Part 2 or a misdirected disclosure from the time the disclosure is made— (a) whether or not the entity to which the disclosure was made has notified the disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee; and (b) whether or not the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee has determined that the disclosure is a public interest complaint. (4) This Part applies to a complaint referred to in subsection (1)(c) from the time the complaint is made— (a) whether or not the complaint is investigated by the Chief Commissioner of Police; and (b) whether or not the Chief Commissioner of Police has notified the complaint to the IBAC under section 22; and (c) whether or not the IBAC has determined that the complaint is a public interest complaint. -- 55 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 48 Authorised by the Chief Parliamentary Counsel (5) Any further information relating to a public interest disclosure provided by the person who made the disclosure is to be treated as if it were a public interest disclosure. (6) Subsection (5) applies only to further information provided, whether orally or in writing, to— (a) in the case of a public interest disclosure made in accordance with Division 2 of Part 2—the entity to which the disclosure was made; or (b) the IBAC; or (c) the Victorian Inspectorate; or (d) the Integrity and Oversight Committee; or (e) an investigating entity that is investigating the disclosure; or (f) a person engaged by the Integrity and Oversight Committee under Part 4A to investigate a public interest disclosure. 38A External disclosures (1) An external disclosure is a public interest disclosure made to a person or body who is not an entity to whom a public interest disclosure may be made under Division 2 of Part 2. (2) Subject to subsection (3), an external disclosure is made in accordance with this section if— (a) the person making the external disclosure has previously made a public interest disclosure in accordance with Division 2 of Part 2 (the original -- 56 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 49 Authorised by the Chief Parliamentary Counsel disclosure) and the original disclosure was not made anonymously; and (b) the original disclosure was determined under Division 2 of Part 3 to be a public interest complaint and the person has been notified of that determination; and (c) the subject matter of the external disclosure is substantially the same as the subject matter of the original disclosure; and (d) either subsection (3) or (4) applies. (3) This subsection applies if— (a) the person has not been notified by the investigating entity about any action taken in relation to the original disclosure within 6 months after being notified that the original disclosure has been determined to be a public interest complaint; and (b) the person has requested advice on the progress of the public interest complaint from the investigating entity and has not received a response within 30 days after that request. (4) This subsection applies if— (a) an investigation of the public interest complaint has not been completed within 12 months after the person was notified that the original disclosure has been determined to be a public interest complaint; and -- 57 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 50 Authorised by the Chief Parliamentary Counsel (b) the person has requested advice on the progress of the public interest complaint from the investigating entity; and (c) either— (i) the person has not received a response within 30 days after the request; or (ii) the person received a response within 30 days after the request advising that the investigation is still ongoing but has not been advised that the investigation has been completed within 6 months after that response. (5) An external disclosure is not a disclosure made in accordance with this section if it contains information that— (a) may prejudice a criminal investigation, criminal proceeding or other legal proceeding of which the person making the external disclosure is aware; or (b) is likely to lead to the disclosure of any investigative method used by the IBAC or members of Victoria Police personnel. Note Despite being taken to be a public interest disclosure for the purposes of this Part, the confidentiality provisions of Part 7 do not apply to an external disclosure made in accordance with this section.". 22 Sections 39, 40 and 41 amended In sections 39(1) and (2), 40(1) and (2) and 41(1) and (2) of the Principal Act, for "protected disclosure" substitute "public interest disclosure". -- 58 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 51 Authorised by the Chief Parliamentary Counsel 23 Section 43 amended (1) In the heading to section 43 of the Principal Act, for "protected disclosure" substitute "public interest disclosure". (2) In section 43(1) of the Principal Act, for "protected disclosure" substitute "public interest disclosure". (3) In section 43(2) of the Principal Act, for "protected disclosure" (where twice occurring) substitute "public interest disclosure". (4) Section 43(3) of the Principal Act is repealed. 24 Management action not prevented (1) In section 44(1) of the Principal Act, for "protected disclosure" substitute "public interest disclosure". (2) In section 44(2) of the Principal Act— (a) for "protected disclosure" (where first occurring) substitute "public interest disclosure"; (b) for "the person has made the protected disclosure" substitute "the employee has made the public interest disclosure"; (c) omit "substantial". (3) After section 44(2) of the Principal Act insert— "(3) Without limiting subsection (1) and subject to subsection (2), management action that may be taken in relation to an employee who has made a public interest disclosure includes any action that may or is required to be taken— -- 59 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 52 Authorised by the Chief Parliamentary Counsel (a) in respect of performance development (including training), conditions of employment or discipline; or (b) to ensure the safety of the workplace.". 25 Protection from reprisal (1) In section 45(1) of the Principal Act, for "protected disclosure" substitute "public interest disclosure". (2) In section 45(2) of the Principal Act omit "substantial". (3) For section 45(3)(a) of the Principal Act substitute— "(a) the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee has determined that the disclosure is not a public interest complaint; and". (4) After section 45(3) of the Principal Act insert— "(4) Despite subsection (3), it is not a defence in a proceeding for an offence against subsection (1) if the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee (as the case may be) determined the disclosure is not a public interest complaint under section 26(5).". 26 Proceedings for damages for reprisal (1) In section 47(1) of the Principal Act, for "protected disclosure" substitute "public interest disclosure". (2) After section 47(6) of the Principal Act insert— "(7) In proceedings under this section, costs against the person alleging that detrimental action has been taken in reprisal for a public interest disclosure must not be awarded unless the court is satisfied— -- 60 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 53 Authorised by the Chief Parliamentary Counsel (a) the person's claim that detrimental action had occurred is vexatious; or (b) the person did not conduct the litigation reasonably.". 27 Sections 48 and 49 amended In sections 48(1) and (2) and 49(1) of the Principal Act, for "protected disclosure" substitute "public interest disclosure". 28 Application for injunction or order In section 50 of the Principal Act— (a) in paragraph (a), for "protected disclosure" substitute "public interest disclosure"; (b) in paragraph (b)— (i) for "protected disclosure" substitute "public interest disclosure"; (ii) for "Act." substitute "Act; or"; (c) after paragraph (b) insert— "(c) the Integrity and Oversight Committee, if the Committee believes that detrimental action has been taken or may be taken in reprisal for a public interest disclosure the subject of which is a matter that the Committee may under Part 4A engage a person to investigate.". 29 Transfer of employee In section 51(1), (2) and (3) of the Principal Act, for "protected disclosure" substitute "public interest disclosure". -- 61 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 54 Authorised by the Chief Parliamentary Counsel 30 Content of assessable disclosure must not be disclosed (1) For section 52(1)(c) of the Principal Act substitute— "(c) to whom the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee provides information about the content of an assessable disclosure to determine whether the disclosure is a public interest complaint; or". (2) In section 52(3) of the Principal Act— (a) for paragraph (b) substitute— "(b) the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee has determined that the assessable disclosure is not a public interest complaint and the person or body discloses the content, or information about the content, of the assessable disclosure after that determination; or"; (b) in paragraph (c), for "publication." substitute "publication; or"; (c) after paragraph (c) insert— "(d) the Integrity and Oversight Committee has published the information in a report to Parliament under this or any other Act and the person or body discloses the information after that publication.". -- 62 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 55 Authorised by the Chief Parliamentary Counsel 31 Identity of person making assessable disclosure must not be disclosed In section 53(2) of the Principal Act— (a) after paragraph (a) insert— "(ab) the person who made the assessable disclosure has given written consent to the Integrity and Oversight Committee or to an independent investigator engaged by the Committee under Part 4A to disclose— (i) any information likely to lead to the person's identification; or (ii) specific information likely to lead to the person's identification— and the information is disclosed by the Committee or the independent investigator after and in accordance with that consent; or"; (b) for paragraph (c) substitute— "(c) the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee has determined that the assessable disclosure is not a public interest complaint and the person or body discloses the information after that determination; or"; (c) in paragraph (d), for "publication." substitute "publication; or"; (d) after paragraph (d) insert— "(e) the Integrity and Oversight Committee has published the information in a report to Parliament under this or any other Act and the person or body -- 63 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 56 Authorised by the Chief Parliamentary Counsel discloses the information after that publication.". 32 Circumstances in which information may be disclosed (1) In section 54(2) of the Principal Act— (a) for paragraph (b) substitute— "(b) by an investigating entity, or an officer of an investigating entity, where necessary for the purpose of the exercise of functions under the Act, or part of the Act, under which the investigating entity, or the officer of the investigating entity, is authorised to investigate a public interest complaint; (ba) to Victoria Police where an investigating entity has previously disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct and the information is relevant to an investigation by Victoria Police of the criminal conduct;"; (b) in paragraph (i), for "with this Part." substitute "with this Part;"; (c) after paragraph (i) insert— "(j) to any of the following for the purpose of assisting the person who made the assessable disclosure to seek advice or support in relation to the assessable disclosure— (i) a registered health practitioner; (ii) a trade union, within the meaning of the Workplace Relations Act 1996 of the Commonwealth, of -- 64 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 57 Authorised by the Chief Parliamentary Counsel which the person who made the assessable disclosure is a member; (iii) an employee assistance program; (k) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim; (l) to a prescribed service for a purpose prescribed for that service; (m) for the purpose of an application to the Fair Work Commission, including any related proceeding.". (2) In section 54(3) of the Principal Act— (a) in the definition of confidentiality notice, after paragraph (c) insert— "(d) a confidentiality notice issued by the Chief Municipal Inspector under section 223BJ of the Local Government Act 1989; or (e) a confidentiality notice issued by the Racing Integrity Commissioner under section 37T of the Racing Act 1958; or (f) a confidentiality notice issued by the Information Commissioner under section 61TJ of the Freedom of Information Act 1982;"; (b) in the definition of officer of an investigating entity, in paragraphs (a) and (b), for "protected disclosure complaint" substitute "public interest complaint"; (c) in the definition of relevant Act— (i) in paragraph (g), after "1975;" insert "or"; -- 65 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 58 Authorised by the Chief Parliamentary Counsel (ii) after paragraph (g) insert— "(h) the Local Government Act 1989; or (i) the Racing Act 1958; or (j) the Freedom of Information Act 1982;"; (d) insert the following definitions— "Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth; registered health practitioner means a person registered under the Health Practitioner National Law to practise a health profession (other than as a student); Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013;". 33 Heading to Part 8 amended In the heading to Part 8 of the Principal Act, for "the IBAC and Victorian Inspectorate" substitute "the IBAC, the Victorian Inspectorate and the Integrity and Oversight Committee". 34 Functions and powers of the IBAC (1) In section 55(1) of the Principal Act, for "protected disclosure complaints" substitute "public interest complaints". -- 66 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 59 Authorised by the Chief Parliamentary Counsel (2) In section 55(2) of the Principal Act— (a) for "protected disclosure scheme" substitute "public interest disclosure scheme"; (b) in paragraph (b), for "protected disclosures" (where twice occurring) substitute "public interest disclosures"; (c) after paragraph (d) insert— "(da) to promote the purposes of this Act;"; (d) in paragraphs (e), (f), (g) and (h), for "protected disclosure scheme" substitute "public interest disclosure scheme". 35 Functions and powers of the Victorian Inspectorate In section 56(1) of the Principal Act— (a) in paragraph (a), for "the IBAC or IBAC Officers" substitute "the IBAC, IBAC Officers or Public Interest Monitors"; (b) in paragraph (c), for "protected disclosure complaints" substitute "public interest complaints"; (c) in the note at the foot of paragraph (d), for "the IBAC or IBAC Officers: see section 15" substitute "the IBAC, IBAC Officers or Public Interest Monitors. See sections 13 and 14(f)"; (d) in paragraph (e), after "IBAC" insert ", the Judicial Commission"; (e) after paragraph (e) insert— "(ea) to promote the purposes of this Act; and". -- 67 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 60 Authorised by the Chief Parliamentary Counsel 36 New section 56A inserted After section 56 of the Principal Act insert— "56A Functions and powers of the Integrity and Oversight Committee (1) The functions of the Integrity and Oversight Committee under this Act are— (a) to receive assessable disclosures that relate to the Victorian Inspectorate or a Victorian Inspectorate Officer; and (b) to assess those disclosures; and (c) to determine whether those disclosures are public interest complaints; and (d) to engage an independent investigator to investigate any disclosure determined by the Committee to be a public interest complaint. (2) In addition, the Integrity and Oversight Committee has the function of promoting the purposes of this Act. (3) The Integrity and Oversight Committee has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions under this Act.". 37 Guidelines In section 57(2)(a) and (b) of the Principal Act, for "protected disclosure" substitute "public interest disclosure". 38 Procedures—entities required to establish procedures (1) In section 58(1)(b) of the Principal Act, for "the IBAC" substitute "an appropriate entity". -- 68 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 61 Authorised by the Chief Parliamentary Counsel (2) In section 58(2) of the Principal Act— (a) in paragraph (c), for "personnel." substitute "personnel; or"; (b) after paragraph (c) insert— "(d) the Integrity and Oversight Committee.". 39 Annual report by the IBAC In section 67(1)(b) of the Principal Act— (a) in subparagraph (iii), for "protected disclosure complaint" substitute "public interest complaint"; (b) in subparagraph (iv), for "protected disclosure complaints" substitute "public interest complaints". 40 Annual report by the Victorian Inspectorate In section 68(1)(b) of the Principal Act— (a) in subparagraph (ii), for "protected disclosure complaint" substitute "public interest complaint"; (b) in subparagraphs (iv) and (v), for "protected disclosure complaints" substitute "public interest complaints". 41 Annual report by other investigating entities In section 69(1)(b)(ii), (iii) and (iv) of the Principal Act, for "protected disclosure complaints" substitute "public interest complaints". -- 69 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 62 Authorised by the Chief Parliamentary Counsel 42 New section 71A inserted After section 71 of the Principal Act insert— "71A Report by person engaged by the Integrity and Oversight Committee to investigate public interest complaint (1) This section applies if an independent person engaged by the Integrity and Oversight Committee under Part 4A to investigate a public interest complaint has completed the investigation. (2) In the case of a public interest complaint that relates to the Inspector, the independent person must report the findings of the investigation to— (a) the Integrity and Oversight Committee; and (b) the responsible Minister. (3) In the case of a public interest complaint that relates to the Victorian Inspectorate or a Victorian Inspectorate Officer, other than the Inspector, the independent person must report the findings of the investigation to— (a) the Integrity and Oversight Committee; and (b) the responsible Minister; and (c) the Inspector. (4) The Integrity and Oversight Committee may cause a report under subsection (2) to be transmitted to each House of Parliament. (5) The Integrity and Oversight Committee must not include in a report transmitted to each House of Parliament— -- 70 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 63 Authorised by the Chief Parliamentary Counsel (a) information that the Committee considers would prejudice any criminal proceeding, criminal investigation or investigation by the IBAC, the Ombudsman or the Victorian Inspectorate; or (b) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit a criminal offence; or (c) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence; or (d) information that is likely to lead to the identification of a person who has made an assessable disclosure and is not information to which section 53(2)(a), (c) or (d) applies. (6) In this section— Inspector has the same meaning as in section 3(1) of the Victorian Inspectorate Act 2011.". 43 Offence to make false disclosure or provide false further information In section 72(1) and (2) of the Principal Act, for "protected disclosure" substitute "public interest disclosure". 44 Amendment of section 73 (1) In the heading to section 73 of the Principal Act— (a) for "protected disclosure" (where first occurring) substitute "public interest disclosure"; -- 71 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 64 Authorised by the Chief Parliamentary Counsel (b) for "protected disclosure complaint" substitute "public interest complaint". (2) In section 73(1) of the Principal Act, for "protected disclosure" substitute "public interest disclosure". (3) In section 73(2) of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint". 45 Section 74 repealed Section 74 of the Principal Act is repealed. 46 Exemption from Freedom of Information Act 1982 In section 78(1)(a) and (c) of the Principal Act, for "protected disclosure" substitute "public interest disclosure". 47 New section 83 inserted After section 82 of the Principal Act insert— "83 Transitional provisions—Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 (1) In this section— amending Act means the Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019; commencement day means the day on which Part 2 of the amending Act comes into operation. (2) Despite its repeal by section 45 of the amending Act, section 74 as in force immediately before the commencement day continues to apply in relation to any -- 72 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 65 Authorised by the Chief Parliamentary Counsel disclosure notified to the IBAC before the commencement day until— (a) the fifth anniversary of the day on which the disclosure was notified to the IBAC; or (b) an investigating entity issues a confidentiality notice in respect of the information disclosed— whichever occurs first.". 48 New Schedule 2 inserted After Schedule 1 to the Principal Act insert— "Schedule 2—Persons permitted to receive public interest disclosure on behalf of entity Section 12(5) Table Column 1 Receiving entity Column 2 Permitted person 1 The IBAC An IBAC Officer 2 The Ombudsman An Ombudsman officer 3 The Victorian Inspectorate A Victorian Inspectorate Officer 4 Victoria Police A member of Victoria Police personnel with a rank, including an acting rank, of sergeant or above; or in the case of a disclosure made by a person who is a member of Victoria Police personnel—a direct or indirect manager or supervisor of that person -- 73 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 66 Authorised by the Chief Parliamentary Counsel Column 1 Receiving entity Column 2 Permitted person 5 A public service body The Head of the public service body within the meaning of the Public Administration Act 2004; or a person identified as a person who may receive disclosures in the procedures established by the public service body under section 58; or in the case of a disclosure made by a person who is a member, officer or employee of the public service body— a direct or indirect manager or supervisor of that person 6 A Council The Chief Executive Officer of the Council within the meaning of the Local Government Act 1989; or a person identified as a person who may receive disclosures in the procedures established by the Council under section 58; or in the case of a disclosure made by a person who is a member, officer or employee of the Council—a direct or indirect manager or supervisor of that person 7 The Judicial Commission of Victoria The Director of the Judicial Commission of Victoria 8 The Integrity and Oversight Committee A member of the Integrity and Oversight Committee ". -- 74 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 67 Authorised by the Chief Parliamentary Counsel Division 3—Amendment of Independent Broad-based Anti-corruption Commission Act 2011 49 Definitions (1) In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011 insert the following definition— "public interest complaint means a disclosure that the IBAC has determined under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint;". (2) In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011— (a) in the definition of assessable disclosure, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; (b) in the definition of detrimental action, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; (c) in the definition of restricted matter, after paragraph (g) insert— "(h) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012; (i) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;". -- 75 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 68 Authorised by the Chief Parliamentary Counsel (3) In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, the definition of protected disclosure complaint is repealed. 50 Section 7 amended (1) In the heading to section 7 of the Independent Broad-based Anti-corruption Commission Act 2011, for "Protected disclosure complaint" substitute "Public interest complaint". (2) In section 7(1)(a) and (b) and (2) of the Independent Broad-based Anti-corruption Commission Act 2011, for "protected disclosure complaint" substitute "public interest complaint". 51 Functions of the IBAC (1) In section 15(4) of the Independent Broad-based Anti-corruption Commission Act 2011, for "protected disclosure complaints" substitute "public interest complaints". (2) In the note at the foot of section 15 of the Independent Broad-based Anti-corruption Commission Act 2011, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 52 Confidentiality notice In section 42(2) of the Independent Broad-based Anti-corruption Commission Act 2011— (a) in paragraph (d)(i), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; (b) in paragraph (d)(ii), for "obligations;" substitute "obligations."; (c) paragraph (e) is repealed. -- 76 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 69 Authorised by the Chief Parliamentary Counsel 53 Disclosure subject to confidentiality notice (1) In section 44(1) of the Independent Broad-based Anti-corruption Commission Act 2011, after "(2)," insert "(2A), (2B),". (2) In the note at the foot of section 44(1) of the Independent Broad-based Anti-corruption Commission Act 2011, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". (3) In section 44(2) of the Independent Broad-based Anti-corruption Commission Act 2011— (a) for paragraph (c)(ii) substitute— "(ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act;"; (b) after paragraph (c) insert— "(ca) for the purposes of a proceeding for an offence against, or a disciplinary process or action instituted in respect of conduct that could constitute an offence against, the Judicial Commission of Victoria Act 2016 or Part IIIAA of the Constitution Act 1975;"; (c) for paragraph (e) substitute— "(e) to any of the following persons, unless the IBAC directs that the restricted matter must not be disclosed to that person— (i) the spouse or domestic partner of the person served with the confidentiality notice; (ii) the employer or manager of the person served with the confidentiality notice, or both; -- 77 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 70 Authorised by the Chief Parliamentary Counsel (f) in any of the following circumstances, unless the IBAC directs that the restricted matter must not be disclosed in that circumstance— (i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued— (A) a registered health practitioner; (B) a trade union, within the meaning of the Workplace Relations Act 1996 of the Commonwealth, of which the person is a member; (C) an employee assistance program; (ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim; (iii) to a prescribed service for a purpose prescribed for that service; (iv) for the purpose of an application to the Fair Work Commission, including any related proceeding; (g) as is otherwise authorised or required to be made by or under this Act.". -- 78 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 71 Authorised by the Chief Parliamentary Counsel (4) After section 44(2) of the Independent Broad- based Anti-corruption Commission Act 2011 insert— "(2A) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed to an investigating entity to which the IBAC has referred the relevant matter under section 73. (2B) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed to Victoria Police if— (a) the IBAC has disclosed information to the Chief Commissioner of Police under section 41 relating to actual or potential criminal conduct; and (b) the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct.". (5) In section 44(5) of the Independent Broad-based Anti-corruption Commission Act 2011— (a) after "the IBAC" insert ", another investigating entity or the Integrity and Oversight Committee"; (b) for "this Act" substitute "this or any other Act". (6) After section 44(7) of the Independent Broad- based Anti-corruption Commission Act 2011 insert— "(8) In this section— Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth; -- 79 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 72 Authorised by the Chief Parliamentary Counsel investigating entity has the same meaning as in section 3 of the Public Interest Disclosures Act 2012; registered health practitioner means a person registered under the Health Practitioner National Law to practise a health profession (other than as a student); relevant Act means— (a) the Public Interest Disclosures Act 2012; or (b) the Ombudsman Act 1973; or (c) the Victorian Inspectorate Act 2011; or (d) Part 10 of the Victoria Police Act 2013; or (e) the Fair Work Act 2009 of the Commonwealth; or (f) the Judicial Commission of Victoria Act 2016; or (g) Part IIIAA of the Constitution Act 1975; or (h) the Local Government Act 1989; or (i) the Racing Act 1958; or (j) the Freedom of Information Act 1982; Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013.". -- 80 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 73 Authorised by the Chief Parliamentary Counsel 54 Referral of complaint or notification for investigation by another person or body (1) For section 73(3) of the Independent Broad- based Anti-corruption Commission Act 2011 substitute— "(3) The IBAC may only refer a public interest complaint to— (a) in the case of a public interest complaint relating to the conduct of a member of Victoria Police personnel— the Chief Commissioner of Police; or (b) in any other case— (i) the Ombudsman appointed under section 3 of the Ombudsman Act 1973; or (ii) the Victorian Inspectorate; or (iii) another entity in accordance with section 73A.". (2) In section 73(5)(a) and (b) of the Independent Broad-based Anti-corruption Commission Act 2011, for "protected disclosure complaint" (wherever occurring) substitute "public interest complaint". 55 New section 73A inserted After section 73 of the Independent Broad- based Anti-corruption Commission Act 2011 insert— "73A Referral of public interest complaints to other investigating entities (1) Subject to subsections (2) and (3), the IBAC may refer a public interest complaint to any of the following persons or bodies— -- 81 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 74 Authorised by the Chief Parliamentary Counsel (a) the Chief Municipal Inspector appointed under section 223A of the Local Government Act 1989; (b) the Racing Integrity Commissioner appointed under section 37A of the Racing Act 1958; (c) the Information Commissioner within the meaning of section 5(1) of the Freedom of Information Act 1982. (2) The IBAC must not refer a public interest complaint to a person or body referred to in subsection (1)(b) or (c) if the IBAC suspects on reasonable grounds that the conduct that is the subject of the complaint is corrupt conduct. (3) The IBAC may refer a public interest complaint to a person or body referred to in subsection (1) only if— (a) the subject matter of the complaint is relevant to the performance of the duties and functions or the exercise of powers of that person or body; and (b) the complaint does not relate to the conduct of the person or body or the conduct of an employee, member or officer of the person or body; and (c) the IBAC considers that— (i) it is more appropriate for the complaint to be investigated by that person or body than by the IBAC or any other investigating entity; and (ii) the referral would not increase the risk to any person's health, safety or welfare; and -- 82 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 75 Authorised by the Chief Parliamentary Counsel (d) the IBAC has consulted with the person and body before the public interest complaint is referred to the person or body.". 56 Information to be provided with referral At the end of section 77 of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "(2) Despite subsection (1), the IBAC may disclose to the Chief Commissioner of Police information that is likely to lead to the identification of a person who has made an assessable disclosure if— (a) the IBAC has determined that the assessable disclosure is a public interest complaint; and (b) the public interest complaint has been referred to the Chief Commissioner of Police for investigation; and (c) the person has consented to the disclosure of the information. (3) Before making a disclosure referred to in subsection (2), the IBAC must consult with the person who made the public interest complaint.". 57 Further consequential amendments On the coming into operation of an item in Part A of Schedule 1, the Independent Broad-based Anti-corruption Commission Act 2011 is amended as set out in the item. -- 83 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 76 Authorised by the Chief Parliamentary Counsel Division 4—Amendment of Victorian Inspectorate Act 2011 58 Definitions (1) In section 3(1) of the Victorian Inspectorate Act 2011 insert the following definitions— "Principal Public Interest Monitor has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011; public interest complaint means— (a) a disclosure that the Victorian Inspectorate has determined under section 31 of the Public Interest Disclosures Act 2012 to be a public interest complaint; or (b) a disclosure that the IBAC has determined under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint and that is referred to the Victorian Inspectorate by the IBAC under the Independent Broad-based Anti- corruption Commission Act 2011;". (2) In section 3(1) of the Victorian Inspectorate Act 2011— (a) in the definition of assessable disclosure, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; (b) in the definition of restricted matter, after paragraph (g) insert— "(h) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012; -- 84 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 77 Authorised by the Chief Parliamentary Counsel (i) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;". (3) In section 3(1) of the Victorian Inspectorate Act 2011, the definition of protected disclosure complaint is repealed. 59 Section 4 substituted For section 4 of the Victorian Inspectorate Act 2011 substitute— "4 Public interest complaint taken to be complaint For the purposes of this Act— (a) a public interest complaint that would not otherwise constitute a complaint is taken to be a complaint under section 43; and (b) the person who made the public interest complaint is taken to be the complainant in relation to the complaint.". 60 Functions of the Victorian Inspectorate (1) In section 11(2)(b) of the Victorian Inspectorate Act 2011, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". (2) In the note at the foot of section 11 of the Victorian Inspectorate Act 2011, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". -- 85 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 78 Authorised by the Chief Parliamentary Counsel 61 New section 36A inserted After section 36 of the Victorian Inspectorate Act 2011 insert— "36A Disclosure of information by the Victorian Inspectorate (1) At any time, the Victorian Inspectorate may provide or disclose any information received or obtained in the course of the performance of its duties and functions or the exercise of its powers under this Act to a person or body specified in subsection (3) if the Victorian Inspectorate considers that— (a) the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and (b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information. (2) Despite subsection (1), the Victorian Inspectorate must not provide or disclose any information to a person or body if— (a) the person or body, or an employee of the person or body, is the subject of an assessable disclosure; and (b) the information— (i) would be likely to lead to the identification of a person who made the assessable disclosure; and (ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. -- 86 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 79 Authorised by the Chief Parliamentary Counsel (3) For the purposes of subsection (1), the following persons and bodies are specified— (a) the IBAC; (b) the Ombudsman; (c) the Auditor-General; (d) Victoria Police; (e) the Director of Public Prosecutions; (f) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012; (g) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth; (h) the police force or police service (however described) of another State or a Territory; (i) a prescribed person or body. (4) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).". 62 Confidentiality notice In section 38(2) of the Victorian Inspectorate Act 2011— (a) in paragraph (d)(i), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; -- 87 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 80 Authorised by the Chief Parliamentary Counsel (b) in paragraph (d)(ii), for "obligations;" substitute "obligations."; (c) paragraph (e) is repealed. 63 Disclosure subject to confidentiality notice (1) In section 39(1) of the Victorian Inspectorate Act 2011, for "(2) and (3)" substitute "(2), (2A) and (3)". (2) In the note at the foot of section 39(1) of the Victorian Inspectorate Act 2011, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". (3) In section 39(2) of the Victorian Inspectorate Act 2011— (a) for paragraph (c)(ii) substitute— "(ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act;"; (b) for paragraph (e) substitute— "(e) to any of the following persons, unless the Victorian Inspectorate directs that the restricted matter must not be disclosed to that person— (i) the spouse or domestic partner of the person served with the confidentiality notice; (ii) the employer or manager of the person served with the confidentiality notice, or both; (f) in any of the following circumstances, unless the Victorian Inspectorate directs that the restricted matter must not be disclosed in that circumstance— -- 88 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 81 Authorised by the Chief Parliamentary Counsel (i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued— (A) a registered health practitioner; (B) a trade union, within the meaning of the Workplace Relations Act 1996 of the Commonwealth, of which the person is a member; (C) an employee assistance program; (ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim; (iii) to a prescribed service for a purpose prescribed for that service; (iv) for the purpose of an application to the Fair Work Commission, including any related proceeding; (g) as is otherwise authorised or required to be made by or under this Act.". (4) After section 39(2) of the Victorian Inspectorate Act 2011 insert— "(2A) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed to Victoria Police if— (a) the Victorian Inspectorate has disclosed information to the Chief Commissioner of Police under section 36A relating to -- 89 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 82 Authorised by the Chief Parliamentary Counsel actual or potential criminal conduct; and (b) the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct.". (5) In section 39(3) of the Victorian Inspectorate Act 2011— (a) after "the Victorian Inspectorate" insert ", another investigating entity or the Integrity and Oversight Committee"; (b) for "this Act" substitute "this or any other Act". (6) After section 39(5) of the Victorian Inspectorate Act 2011 insert— "(6) In this section— Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth; investigating entity has the same meaning as in section 3 of the Public Interest Disclosures Act 2012; registered health practitioner means a person registered under the Health Practitioner National Law to practise a health profession (other than as a student); relevant Act means— (a) the Public Interest Disclosures Act 2012; or (b) the Ombudsman Act 1973; or -- 90 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 83 Authorised by the Chief Parliamentary Counsel (c) the Independent Broad-based Anti-corruption Commission Act 2011; or (d) the Fair Work Act 2009 of the Commonwealth; Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013.". 64 Investigation of complaint (1) In section 44(2) of the Victorian Inspectorate Act 2011, for "protected disclosure complaint" substitute "public interest complaint". (2) After section 44(6A) of the Victorian Inspectorate Act 2011 insert— "(6B) Before investigating a public interest complaint that relates to a Public Interest Monitor, the Victorian Inspectorate must notify in writing— (a) the Minister, if the public interest complaint relates to the Principal Public Interest Monitor; or (b) the Principal Public Interest Monitor, if the public interest complaint relates to any other Public Interest Monitor— unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.". (3) In section 44(7) of the Victorian Inspectorate Act 2011, for "(6) and (6A)" substitute "(6), (6A) and (6B)". -- 91 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 84 Authorised by the Chief Parliamentary Counsel (4) In section 44(8) of the Victorian Inspectorate Act 2011, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 65 Section 45 amended (1) In the heading to section 45 of the Victorian Inspectorate Act 2011, for "protected disclosure complaint" substitute "public interest complaint". (2) In section 45(1) of the Victorian Inspectorate Act 2011, for "protected disclosure complaint" (where twice occurring) substitute "public interest complaint". (3) In section 45(2)(a) and (b) of the Victorian Inspectorate Act 2011— (a) for "protected disclosure complaint" (where twice occurring) substitute "public interest complaint"; (b) for "protected disclosure complaint" substitute "public interest complaint". 66 Conduct of investigation After section 47(4A) of the Victorian Inspectorate Act 2011 insert— "(4B) For the purposes of conducting an investigation in relation to a Public Interest Monitor, the Victorian Inspectorate— (a) may investigate any aspect of the conduct of a Public Interest Monitor or a person who assists a Public Interest Monitor; and (b) has full and free access to all the records of the Public Interest Monitor and may copy any record, or part of -- 92 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 85 Authorised by the Chief Parliamentary Counsel any record, of the Public Interest Monitor; and (c) may require a Public Interest Monitor or a person who assists a Public Interest Monitor to give the Victorian Inspectorate any information in that person's possession which the Victorian Inspectorate considers is relevant to the investigation; and (d) may require a Public Interest Monitor or a person who assists a Public Interest Monitor to attend before the Victorian Inspectorate to answer questions or to produce documents or other things relating to the conduct of the Public Interest Monitor.". 67 Requirement to provide assistance After section 48(5) of the Victorian Inspectorate Act 2011 insert— "(6) The Principal Public Interest Monitor must— (a) give any assistance; and (b) ensure that any other Public Interest Monitor and any staff or other persons assisting a Public Interest Monitor give any assistance— to the Victorian Inspectorate which the Victorian Inspectorate reasonably requires to enable the Victorian Inspectorate to conduct any investigation of a public interest complaint under this Part that relates to a Public Interest Monitor.". -- 93 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 86 Authorised by the Chief Parliamentary Counsel 68 New sections 85D and 85E inserted After section 85C of the Victorian Inspectorate Act 2011 insert— "85D Recommendations in relation to a Public Interest Monitor (1) Following an investigation under Part 6 of a public interest complaint that relates to the Principal Public Interest Monitor, the Victorian Inspectorate may make recommendations to the Minister in relation to any action that the Victorian Inspectorate considers should be taken. (2) Following an investigation under Part 6 of a public interest complaint that relates to a Public Interest Monitor, other than the Principal Public Interest Monitor, the Victorian Inspectorate may make recommendations to the Principal Public Interest Monitor in relation to any action that the Victorian Inspectorate considers should be taken. (3) Without limiting subsections (1) and (2), the Victorian Inspectorate may recommend taking action— (a) to prevent specified conduct from continuing or occurring in the future; (b) to remedy any harm or loss arising from any conduct. 85E Recommendation for further action in respect of a Public Interest Monitor If the Victorian Inspectorate is satisfied that any conduct of the Principal Public Interest Monitor or any other Public Interest Monitor which has been the subject of a public interest complaint should be the subject of -- 94 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 87 Authorised by the Chief Parliamentary Counsel any further investigatory or enforcement action, the Victorian Inspectorate may make a recommendation to that effect to any or all of the following— (a) the Chief Commissioner of Police; (b) the Director of Public Prosecutions; (c) the Australian Federal Police; (d) the Victorian WorkCover Authority; (e) any other person or body prescribed for the purposes of this section.". 69 New section 86A inserted After section 86 of the Victorian Inspectorate Act 2011 insert— "86A Recommendations relating to Public Interest Monitor must not include certain information (1) The Victorian Inspectorate must not include in a recommendation made to an entity under section 85D or 85E information that— (a) discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or (b) indicates that a particular investigation has been, is being, or is to be conducted; or (c) would compromise the operational activities or methodologies of Victoria Police or of any approved authority within the meaning of section 3(1) of the Witness Protection Act 1991; or -- 95 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 88 Authorised by the Chief Parliamentary Counsel (d) would prejudice any criminal proceedings or criminal investigations or an investigation by the IBAC, of which the Victorian Inspectorate is aware; or (e) is likely to lead to the identification of a person who made an assessable disclosure and that is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies; or (f) identifies, or is likely to identify, any person who is being, or has been examined under the Major Crime (Investigative Powers) Act 2004 or the nature of any ongoing investigation of an organised crime offence within the meaning of that Act; or (g) would disclose information about the identity or location, or compromise the security, of a person who is or has been included in the Victorian witness protection program, within the meaning of the Witness Protection Act 1991, or to whom alternative protection arrangements, within the meaning of that Act, are being or have been provided. (2) For the purposes of subsection (1)(a), investigation, law enforcement agency and relevant application have the meaning given by section 13(12). (3) The Victorian Inspectorate must not include in a recommendation made to an entity under section 85D— -- 96 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 89 Authorised by the Chief Parliamentary Counsel (a) information that includes a finding or opinion that a specified person is guilty of, or has committed, is committing or is about to commit, any criminal offence or disciplinary offence; or (b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence or disciplinary offence.". 70 Advice to a complainant (1) In section 88(1)(b) of the Victorian Inspectorate Act 2011, after "section 79(1) or (3)" insert ", 81, 83, 85 or 85E". (2) In section 88(2) of the Victorian Inspectorate Act 2011, for "protected disclosure complaint" substitute "public interest complaint". (3) After section 88(3) of the Victorian Inspectorate Act 2011 insert— "(4) Where an investigation relates to a public interest complaint about the conduct of a Public Interest Monitor, the Victorian Inspectorate must not provide a complainant with any information that— (a) discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or (b) indicates that a particular investigation has been, is being, or is to be conducted; or -- 97 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 90 Authorised by the Chief Parliamentary Counsel (c) would compromise the operational activities or methodologies of Victoria Police or of any approved authority within the meaning of section 3(1) of the Witness Protection Act 1991; or (d) would prejudice any criminal proceedings or criminal investigations or an investigation by the IBAC, of which the Victorian Inspectorate is aware; or (e) is likely to lead to the identification of a person who made an assessable disclosure and that is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies; or (f) identifies, or is likely to identify, any person who is being, or has been examined under the Major Crime (Investigative Powers) Act 2004 or the nature of any ongoing investigation of an organised crime offence within the meaning of that Act; or (g) would disclose information about the identity or location, or compromise the security, of a person who is or has been included in the Victorian witness protection program, within the meaning of the Witness Protection Act 1991, or to whom alternative protection arrangements, within the meaning of that Act, are being or have been provided.". -- 98 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 91 Authorised by the Chief Parliamentary Counsel 71 Outcome of investigation After section 89(6) of the Victorian Inspectorate Act 2011 insert— "(7) After conducting an investigation in relation to the Principal Public Interest Monitor or any other Public Interest Monitor the Victorian Inspectorate may— (a) in the case of an investigation in relation to the Principal Public Interest Monitor—make a recommendation to the Minister in accordance with section 85D; (b) in the case of an investigation in relation to any other Public Interest Monitor—make a recommendation to the Principal Public Interest Monitor in accordance with section 85D; (c) make a recommendation to the Chief Commissioner of Police in accordance with section 85E; (d) make a recommendation to the Director of Public Prosecutions in accordance with section 85E; (e) make a recommendation to the Australian Federal Police in accordance with section 85E; (f) make a recommendation to the Victorian WorkCover Authority in accordance with section 85E; (g) make a recommendation in accordance with section 85E to a person or body prescribed for the purposes of section 85E(e); (h) provide advice to a complainant in accordance with section 88; -- 99 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 92 Authorised by the Chief Parliamentary Counsel (i) subject to paragraphs (a) and (b), do any combination or all of the matters referred to in paragraphs (a) to (h); (j) determine to make no findings or take no action following the investigation.". 72 Further consequential amendments On the coming into operation of an item in Part B of Schedule 1, the Victorian Inspectorate Act 2011 is amended as set out in the item. Division 5—Amendment of Ombudsman Act 1973 73 Definitions (1) In section 2(1) of the Ombudsman Act 1973 insert the following definitions— "public interest complaint means a disclosure determined to be a public interest complaint under section 26 of the Public Interest Disclosures Act 2012 and that is referred to the Ombudsman by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; public interest disclosure entity means— (a) a member of Parliament; (b) a Councillor; (c) a member of the teaching service within the meaning of the Education and Training Reform Act 2006; (d) a State funded residential care service within the meaning of the Health Services Act 1988; (e) a person or body prescribed by the Rules of Parliament made under this Act; -- 100 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 93 Authorised by the Chief Parliamentary Counsel relevant public interest complaint means a public interest complaint that the Ombudsman is required to investigate under section 15C;". (2) In section 2(1) of the Ombudsman Act 1973— (a) in the definition of assessable disclosure, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; (b) in the definition of restricted matter, after paragraph (g) insert— "(h) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012; (i) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint; (j) the fact that the Ombudsman intends to conduct an investigation on a public interest disclosure;"; (c) in the definition of principal officer, in paragraph (f), for "protected disclosure entity" substitute "public interest disclosure entity"; (d) in the definition of responsible Minister, in paragraph (g), for "protected disclosure entity" substitute "public interest disclosure entity". (3) In section 2(1) of the Ombudsman Act 1973, the definitions of protected disclosure complaint, protected disclosure entity and relevant protected disclosure complaint are repealed. -- 101 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 94 Authorised by the Chief Parliamentary Counsel (4) In section 2(3) of the Ombudsman Act 1973— (a) for "protected disclosure complaint" (wherever occurring) substitute "public interest complaint"; (b) for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 74 Procedure relating to investigations (1) In section 17(1) of the Ombudsman Act 1973— (a) in paragraph (a), for "relevant protected disclosure complaint" substitute "relevant public interest complaint"; (b) in paragraphs (b) and (c), for "protected disclosure entity" substitute "public interest disclosure entity". (2) Section 17(1A) of the Ombudsman Act 1973 is repealed. (3) In section 17(1B)(b) of the Ombudsman Act 1973, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". (4) In section 17(4) of the Ombudsman Act 1973, for "protected disclosure entity" (where twice occurring) substitute "public interest disclosure entity". (5) In section 17(4A) of the Ombudsman Act 1973, for "protected disclosure complaint" substitute "public interest complaint". (6) In section 17(5) of the Ombudsman Act 1973, for "relevant protected disclosure complaint" (where twice occurring) substitute "relevant public interest complaint". -- 102 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 95 Authorised by the Chief Parliamentary Counsel (7) In section 17(5A) of the Ombudsman Act 1973, for "relevant protected disclosure complaint" substitute "relevant public interest complaint". (8) In section 17(6) of the Ombudsman Act 1973, for "protected disclosure entity" (wherever occurring) substitute "public interest disclosure entity". (9) In section 17(6A)(b) of the Ombudsman Act 1973, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 75 Section 24 amended (1) In the heading to section 24 of the Ombudsman Act 1973, for "relevant protected disclosure complaint" substitute "relevant public interest complaint". (2) In section 24(1) of the Ombudsman Act 1973, for "relevant protected disclosure complaint" (where twice occurring) substitute "relevant public interest complaint". (3) In section 24(2) of the Ombudsman Act 1973, for "relevant protected disclosure complaint" substitute "relevant public interest complaint". (4) Section 24(4) of the Ombudsman Act 1973 is repealed. 76 Confidentiality notice In section 26C(2) of the Ombudsman Act 1973— (a) in paragraph (ca)(i), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; (b) in paragraph (ca)(ii), for "obligations;" substitute "obligations."; (c) paragraph (d) is repealed. -- 103 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 96 Authorised by the Chief Parliamentary Counsel 77 Disclosure subject to confidentiality notice (1) In section 26F(1) of the Ombudsman Act 1973, after "(2)," insert "(2A), (2B),". (2) In section 26F(2) of the Ombudsman Act 1973— (a) for paragraph (c)(ii) substitute— "(ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act;"; (b) for paragraph (e) substitute— "(e) to any of the following persons, unless the Ombudsman directs that the restricted matter must not be disclosed to that person— (i) the spouse or domestic partner of the person served with the confidentiality notice; (ii) the employer or manager of the person served with the confidentiality notice, or both; (f) in any of the following circumstances, unless the Ombudsman directs that the restricted matter must not be disclosed in that circumstance— (i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued— (A) a registered health practitioner; (B) a trade union, within the meaning of the Workplace Relations Act 1996 of the -- 104 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 97 Authorised by the Chief Parliamentary Counsel Commonwealth, of which the person is a member; (C) an employee assistance program; (ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim; (iii) to a prescribed service for a purpose prescribed for that service; (iv) for the purpose of an application to the Fair Work Commission, including any related proceeding; (g) as is otherwise authorised or required to be made by or under this Act.". (3) After section 26F(2) of the Ombudsman Act 1973 insert— "(2A) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed to the IBAC if— (a) the IBAC referred the complaint to which the restricted matter relates to the Ombudsman under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011; and (b) the IBAC has withdrawn the referral in accordance with section 79 of that Act. (2B) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed to Victoria Police if— (a) the Ombudsman has disclosed information to the Chief Commissioner of Police under section 16L relating to -- 105 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 98 Authorised by the Chief Parliamentary Counsel actual or potential criminal conduct; and (b) the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct.". (4) In section 26F(5) of the Ombudsman Act 1973— (a) after "the Ombudsman" insert ", another investigating entity or the Integrity and Oversight Committee"; (b) for "this Act" substitute "this or any other Act". (5) After section 26F(8) of the Ombudsman Act 1973 insert— "(9) In this section— Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth; investigating entity has the same meaning as in section 3 of the Public Interest Disclosures Act 2012; registered health practitioner means a person registered under the Health Practitioner National Law to practise a health profession (other than as a student); relevant Act means— (a) the Public Interest Disclosures Act 2012; or (b) the Independent Broad-based Anti-corruption Commission Act 2011; or -- 106 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 99 Authorised by the Chief Parliamentary Counsel (c) the Victorian Inspectorate Act 2011; or (d) the Fair Work Act 2009 of the Commonwealth; or (e) the Local Government Act 1989; or (f) the Racing Act 1958; or (g) the Freedom of Information Act 1982; Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013.". (6) In the note at the foot of section 26F of the Ombudsman Act 1973, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 78 Division 3 of Part VA repealed Division 3 of Part VA of the Ombudsman Act 1973 is repealed. 79 Further consequential amendments On the coming into operation of an item in Part C of Schedule 1, the Ombudsman Act 1973 is amended as set out in the item. Division 6—Amendment of Victoria Police Act 2013 80 Definitions (1) In section 3(1) of the Victoria Police Act 2013 insert the following definition— "public interest complaint means a disclosure that is determined to be a public interest complaint by the IBAC under section 26 of the Public Interest Disclosures Act 2012;". -- 107 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 100 Authorised by the Chief Parliamentary Counsel (2) In section 3(1) of the Victoria Police Act 2013, the definition of protected disclosure complaint is repealed. 81 What is a police tort? (1) In section 72(2)(a) of the Victoria Police Act 2013— (a) for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; (b) for "protected disclosure within the meaning of that Act" substitute "disclosure to which Part 6 of that Act applies". (2) At the foot of section 72(2)(a) of the Victoria Police Act 2013 insert— "Note The disclosures to which Part 6 of the Public Interest Disclosures Act 2012 applies include a complaint by a police officer or protective services officer about the conduct of another police officer or protective services officer made under section 167(3).". 82 Making of complaints (1) For the note at the foot of section 167(3) of the Victoria Police Act 2013 substitute— "Note The protections under Part 6 of the Public Interest Disclosures Act 2012 apply to a complaint made in accordance with subsection (3).". (2) In section 167(4) of the Victoria Police Act 2013, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 83 Heading to Part 10 amended In the heading to Part 10 of the Victoria Police Act 2013, for "protected disclosure complaints" substitute "public interest complaints". -- 108 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 101 Authorised by the Chief Parliamentary Counsel 84 Duty to investigate In section 175 of the Victoria Police Act 2013— (a) for "protected disclosure complaint" substitute "public interest complaint"; (b) for "Division 4" substitute "Division 5". 85 Chief Commissioner must inform person who made disclosure of outcome of investigation (1) In section 181 of the Victoria Police Act 2013, for "protected disclosure complaint" substitute "public interest complaint". (2) At the end of section 181 of the Victoria Police Act 2013 insert— "(2) Subsection (1) does not apply if— (a) the public interest complaint was made anonymously; or (b) the IBAC has not disclosed the identity of the person who made the public interest complaint to the Chief Commissioner of Police under section 77(2) of the Independent Broad-based Anti-corruption Commission Act 2011.". 86 Definitions for Part 10 In section 183(1) of the Victoria Police Act 2013— (a) in the definition of applicable law— (i) in paragraph (a), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; (ii) in paragraph (b), for "protected disclosure complaint" substitute "public interest complaint"; -- 109 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 102 Authorised by the Chief Parliamentary Counsel (b) in the definition of restricted matter— (i) in paragraph (d), for "protected disclosure complaint" substitute "public interest complaint"; (ii) in paragraph (f)(ii), for "Part." substitute "Part; or"; (iii) after paragraph (f) insert— "(g) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012; or (h) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint.". 87 Disclosure of restricted matter prohibited (1) In the note at the foot of section 185(1) of the Victoria Police Act 2013, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". (2) In section 185(2) of the Victoria Police Act 2013— (a) after paragraph (a) insert— "(ab) to the Chief Commissioner of Police by the person who has made a disclosure to which the restricted matter relates where the disclosure is made for the purposes of an investigation by the Chief Commissioner of Police of the disclosure as a public interest complaint; or"; -- 110 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 103 Authorised by the Chief Parliamentary Counsel (b) for paragraph (b)(iii) substitute— "(iii) the person's rights, liabilities, obligations and privileges under this Part or a relevant Act; or"; (c) for paragraphs (d) and (e) substitute— "(d) by the person to the person's spouse or domestic partner; or (e) by the person to the person's employer or manager; or"; (d) after paragraph (i) insert— "(ia) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation to which the restricted matter relates— (i) a registered health practitioner; (ii) a trade union, within the meaning of the Workplace Relations Act 1996 of the Commonwealth, of which the person is a member; (iii) an employee assistance program; or (ib) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim; or (ic) to a prescribed service for a purpose prescribed for that service; or (id) for the purpose of an application to the Fair Work Commission, including any related proceeding; or"; (e) in paragraph (j)(ii), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". -- 111 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 104 Authorised by the Chief Parliamentary Counsel (3) For section 185(3) of the Victoria Police Act 2013 substitute— "(3) Subsection (1) does not apply to the disclosure of a restricted matter if the disclosure made is of information that has been published by an investigating entity or the Integrity and Oversight Committee in a report or has otherwise been made public in accordance with this or any other Act.". (4) After section 185(4) of the Victoria Police Act 2013 insert— "(5) In this section— Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth; registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student); relevant Act means— (a) the Public Interest Disclosures Act 2012; or (b) the Ombudsman Act 1973; or (c) the Independent Broad-based Anti-corruption Commission Act 2011; or (d) the Victorian Inspectorate Act 2011; or (e) the Fair Work Act 2009 of the Commonwealth; or (f) the Judicial Commission of Victoria Act 2016; or -- 112 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 105 Authorised by the Chief Parliamentary Counsel (g) Part IIIAA of the Constitution Act 1975; or (h) the Local Government Act 1989; or (i) the Racing Act 1958; or (j) the Freedom of Information Act 1982; Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013.". 88 Section 190 amended (1) In the heading to section 190 of the Victoria Police Act 2013, for "protected disclosure complaint" substitute "public interest complaint". (2) In section 190 of the Victoria Police Act 2013, for "protected disclosure complaint" (where twice occurring) substitute "public interest complaint". 89 Further consequential amendments On the coming into operation of an item in Part D of Schedule 1, the Victoria Police Act 2013 is amended as set out in the item. Division 7—Amendment of Parliamentary Committees Act 2003 90 Definitions In section 3 of the Parliamentary Committees Act 2003 insert the following definitions— "assessable disclosure has the same meaning as in the Public Interest Disclosures Act 2012; -- 113 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 106 Authorised by the Chief Parliamentary Counsel public interest complaint means a disclosure that the Integrity and Oversight Committee has determined under section 31B of the Public Interest Disclosures Act 2012 to be a public interest complaint;". 91 Integrity and Oversight Committee (1) In section 7(1) of the Parliamentary Committees Act 2003— (a) after paragraph (i) insert— "(ia) to receive and assess public interest disclosures about conduct by or in the Victorian Inspectorate and engage an independent person to investigate any such disclosure that it has assessed to be a public interest complaint; and"; (b) in paragraph (o)— (i) in subparagraph (iii), for "2011." substitute "2011; and"; (ii) after subparagraph (iii) insert— "(iv) the Public Interest Disclosures Act 2012.". (2) In section 7(2) of the Parliamentary Committees Act 2003— (a) for paragraph (h)(ii) substitute— "(ii) a particular disclosure determined by the IBAC under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint; or"; (b) in paragraph (i), for "protected disclosure complaint" substitute "public interest complaint"; -- 114 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 107 Authorised by the Chief Parliamentary Counsel (c) for paragraph (j)(ii) substitute— "(ii) a particular disclosure determined by the IBAC under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint; or"; (d) in paragraphs (k) and (l), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". (3) For the note at the foot of section 7 of the Parliamentary Committees Act 2003 substitute— "Note See also Part 8 of the Public Interest Disclosures Act 2012 and Part VB of the Ombudsman Act 1973 which set out the functions of the Integrity and Oversight Committee under each of those Acts.". 92 New section 7A inserted After section 7 of the Parliamentary Committees Act 2003 insert— "7A Disclosure of information by the Integrity and Oversight Committee (1) At any time, the Integrity and Oversight Committee may provide or disclose any information received or obtained in the course of an investigation of an assessable disclosure under Part 4A of the Public Interest Disclosures Act 2012 to a person or body specified in subsection (3) if the Integrity and Oversight Committee considers that— (a) the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and -- 115 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 108 Authorised by the Chief Parliamentary Counsel (b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information. (2) Despite subsection (1), the Integrity and Oversight Committee must not provide or disclose any information to a person or body if— (a) the person or body, or an employee of the person or body, is the subject of an assessable disclosure; and (b) the information— (i) would be likely to lead to the identification of a person who made the assessable disclosure; and (ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. (3) For the purposes of subsection (1), the following persons and bodies are specified— (a) the IBAC; (b) the Victorian Inspectorate; (c) the Ombudsman; (d) the Auditor-General; (e) Victoria Police; (f) the Director of Public Prosecutions; (g) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012; -- 116 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 109 Authorised by the Chief Parliamentary Counsel (h) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth; (i) the police force or police service (however described) of another State or a Territory; (j) a prescribed person or body. (4) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).". Division 8—Amendment of Judicial Commission of Victoria Act 2016 93 Definitions In section 3(1) of the Judicial Commission of Victoria Act 2016— (a) insert the following definition— "public interest complaint means a disclosure that the IBAC has determined under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint;"; (b) in the definition of assessable disclosure, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; (c) the definition of protected disclosure complaint is repealed. 94 Referrals by the IBAC In section 9(2)(a) of the Judicial Commission of Victoria Act 2016, for "protected disclosure complaint" substitute "public interest complaint". -- 117 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 110 Authorised by the Chief Parliamentary Counsel 95 Notification to the IBAC does not affect complaint or referral In section 11 of the Judicial Commission of Victoria Act 2016, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 96 Withdrawal of complaints and referrals In section 17(3)(a) of the Judicial Commission of Victoria Act 2016, for "protected disclosure complaint" substitute "public interest complaint". 97 Amendment of references to Principal Act In section 24(b), 47(b) and 62(5) of the Judicial Commission of Victoria Act 2016, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 98 Actions to be taken before questioning of a witness or requiring production of a document or other thing In section 77(2) of the Judicial Commission of Victoria Act 2016— (a) for "protected disclosure complaint" substitute "public interest complaint"; (b) in paragraphs (a) and (c), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 99 Privilege against self-incrimination abrogated In section 90(3)(d) of the Judicial Commission of Victoria Act 2016, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". -- 118 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 111 Authorised by the Chief Parliamentary Counsel 100 Annual report of the Judicial Commission (1) In the note at the foot of section 135(1) of the Judicial Commission of Victoria Act 2016, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". (2) In section 135(3)(b) of the Judicial Commission of Victoria Act 2016, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 101 Use and disclosure of information In section 138(5) of the Judicial Commission of Victoria Act 2016, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". Division 9—Amendment of Local Government Act 1989 102 Definitions (1) In section 3(1) of the Local Government Act 1989 insert the following definitions— "assessable disclosure has the meaning given in section 3 of the Public Interest Disclosures Act 2012; confidentiality notice means a notice issued by the Chief Municipal Inspector under section 223BJ(1); domestic partner of a person means— (a) a person who is in a registered relationship with the person; or Note A registered relationship is defined in subsection (7). -- 119 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 112 Authorised by the Chief Parliamentary Counsel (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); public interest complaint has the meaning given in section 3 of the Public Interest Disclosures Act 2012; restricted matter means— (a) any evidence or information given to, or obtained by, the Chief Municipal Inspector; (b) the contents of any document produced to, or obtained by, the Chief Municipal Inspector; (c) the existence of, or any information about, a confidentiality notice or a requirement under section 223B(2) to appear before the Chief Municipal Inspector for examination; (d) the subject matter of an investigation by the Chief Municipal Inspector; (e) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Chief Municipal Inspector, to be identified or located; (f) the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Chief Municipal Inspector; (g) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment -- 120 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 113 Authorised by the Chief Parliamentary Counsel under Part 3 of the Public Interest Disclosures Act 2012; (h) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint; (i) the fact that the Chief Municipal Inspector intends to conduct an investigation on a public interest disclosure; spouse of a person means a person to whom the person is married;". (2) After section 3(6) of the Local Government Act 1989 insert— "(7) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as it has in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.". 103 Appointment of Chief Municipal Inspector In section 223A(2) of the Local Government Act 1989, after paragraph (c) insert— "(ca) to investigate public interest complaints that relate to the conduct of Councillors or senior officers of a Council;". -- 121 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 114 Authorised by the Chief Parliamentary Counsel 104 New sections 223BA to 223BM inserted After section 223B of the Local Government Act 1989 insert— "223BA Chief Municipal Inspector must investigate public interest complaints Subject to sections 223BB and 223BC, the Chief Municipal Inspector must conduct an investigation under this Act on a public interest complaint referred to the Chief Municipal Inspector by the IBAC. 223BB Chief Municipal Inspector must refuse to investigate certain public interest complaints (1) The Chief Municipal Inspector must refuse to conduct an investigation on a public interest complaint if the investigation would prejudice any— (a) criminal proceedings or criminal investigations; or (b) investigations by the IBAC or the Victorian Inspectorate. (2) For the purposes of ensuring compliance with subsection (1), the Chief Municipal Inspector may consult any of the following— (a) the Director of Public Prosecutions; (b) the Chief Commissioner of Police; (c) the IBAC; (d) the Victorian Inspectorate. -- 122 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 115 Authorised by the Chief Parliamentary Counsel 223BC Chief Municipal Inspector may refuse to investigate certain public interest complaints (1) The Chief Municipal Inspector may refuse to conduct an investigation on a public interest complaint if the Chief Municipal Inspector considers the subject matter of the public interest complaint has already been investigated or otherwise dealt with by— (a) an integrity body within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; or (b) any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions. (2) The Chief Municipal Inspector may refuse to conduct an investigation on a public interest complaint if the person who made the public interest complaint— (a) made the disclosure that was determined to be a public interest complaint more than 12 months after becoming aware of the disclosed matter; and (b) fails to give a satisfactory explanation for the delay in making the disclosure. (3) The Chief Municipal Inspector may refuse to conduct an investigation on a public interest complaint if the Chief Municipal Inspector considers that the conduct that is the subject of the complaint does not amount to improper conduct, within the meaning of section 3 of the Public Interest Disclosures Act 2012, or detrimental action against a -- 123 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 116 Authorised by the Chief Parliamentary Counsel person in contravention of section 45 of that Act. 223BD Notification of refusal to conduct investigation on public interest complaint (1) This section applies if the Chief Municipal Inspector refuses under section 223BB or 223BC to conduct an investigation on a public interest complaint. (2) Within a reasonable time after the public interest complaint is referred to the Chief Municipal Inspector by the IBAC, the Chief Municipal Inspector must inform the IBAC and the person who made the public interest disclosure of— (a) the refusal to conduct the investigation; and (b) the reason for that refusal. 223BE Notification of corrupt conduct If, at any time before, during or after an investigation of a public interest complaint, the Chief Municipal Inspector believes that the conduct that is the subject of the complaint appears to involve corrupt conduct of which the IBAC may not be aware, the Chief Municipal Inspector must— (a) notify the IBAC of that belief; and (b) if the investigation of the public interest complaint has not been completed— suspend the investigation pending a response from the IBAC to the notification. -- 124 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 117 Authorised by the Chief Parliamentary Counsel 223BF Procedure on completion of investigation of public interest complaint (1) On completion of an investigation of a public interest complaint, the Chief Municipal Inspector— (a) must report the findings of the investigation to— (i) the relevant Council; and (ii) the Minister; and (b) may make recommendations as to the action to be taken as a result of the investigation to— (i) the Minister; or (ii) the relevant Council. (2) If the Chief Municipal Inspector makes recommendations to the relevant Council, the Chief Municipal Inspector— (a) must provide the Minister with a copy of those recommendations; and (b) may request the relevant Council to notify the Chief Municipal Inspector within a specified time of the steps to be taken to address the recommendations. (3) If no appropriate steps have been taken by the relevant Council to address the recommendations of the Chief Municipal Inspector within a reasonable time after those recommendations were made, the Chief Municipal Inspector may advise the Minister of that failure. (4) The Chief Municipal Inspector must not include in a report under this section any information that— -- 125 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 118 Authorised by the Chief Parliamentary Counsel (a) is likely to lead to the identification of a person who has made an assessable disclosure; and (b) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. (5) The Chief Municipal Inspector may prosecute any possible breach of this Act identified in the course of the investigation of the public interest complaint. 223BG Person who made public interest disclosure to be informed of result of investigation (1) If the Chief Municipal Inspector conducts an investigation on a public interest complaint, the Chief Municipal Inspector must inform the person who made the complaint (unless the complaint was made anonymously) of— (a) the result of the investigation; and (b) any other information that the Chief Municipal Inspector thinks proper. (2) The Chief Municipal Inspector must not disclose any information under this section if the Chief Municipal Inspector considers that the disclosure of the information would— (a) not be in the public interest or in the interests of justice; or (b) put a person's safety at risk; or (c) cause unreasonable damage to a person's reputation; or (d) prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, -- 126 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 119 Authorised by the Chief Parliamentary Counsel the IBAC, the Victorian Inspectorate or the Chief Municipal Inspector; or (e) otherwise contravene any applicable statutory secrecy obligations or involve the unreasonable disclosure of information relating to the personal affairs of any person. 223BH Chief Municipal Inspector must not disclose certain information If a public interest complaint is referred by the IBAC to the Chief Municipal Inspector for investigation, the Chief Municipal Inspector must not disclose any information that— (a) is likely to lead to the identification of a person who has made an assessable disclosure; and (b) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. 223BI Disclosure of information by the Chief Municipal Inspector (1) At any time, the Chief Municipal Inspector may provide or disclose any information received or obtained in the course of an investigation of an assessable disclosure to a person or body specified in subsection (3) if the Chief Municipal Inspector considers that— (a) the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and -- 127 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 120 Authorised by the Chief Parliamentary Counsel (b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information. (2) Despite subsection (1), the Chief Municipal Inspector must not provide or disclose any information to a person or body if— (a) the person or body, or an employee of the person or body, is the subject of an assessable disclosure; and (b) the information— (i) would be likely to lead to the identification of a person who made the assessable disclosure; and (ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. (3) For the purposes of subsection (1), the following persons and bodies are specified— (a) the IBAC; (b) the Victorian Inspectorate; (c) the Ombudsman; (d) the Auditor-General; (e) Victoria Police; (f) the Director of Public Prosecutions; (g) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012; -- 128 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 121 Authorised by the Chief Parliamentary Counsel (h) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth; (i) the police force or police service (however described) of another State or a Territory; (j) a prescribed person or body. (4) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act). 223BJ Confidentiality notice (1) If, during an investigation on a public interest complaint the Chief Municipal Inspector considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice— (a) an investigation by the IBAC or the Victorian Inspectorate; or (b) the safety or reputation of a person; or (c) the fair trial of a person who has been, or may be, charged with an offence— the Chief Municipal Inspector must issue a confidentiality notice in respect of the investigation to a person (other than an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or restricted matters in accordance with this section. -- 129 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 122 Authorised by the Chief Parliamentary Counsel (2) A confidentiality notice must— (a) be in the prescribed form; and (b) specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued; and (c) include a copy of the provisions of subsections (3) to (7) and sections 223BK and 223BM and an explanation of the effect of those provisions; and (d) include a statement— (i) advising the person to whom the confidentiality notice is issued that additional obligations under the Public Interest Disclosures Act 2012 relating to confidentiality may apply to the person; and (ii) directing the person to the provisions of that Act which impose those obligations. (3) If at any time the Chief Municipal Inspector considers on reasonable grounds that it is necessary to restrict disclosure of a different restricted matter from any of those specified in a confidentiality notice in respect of a particular investigation to ensure that the disclosure would not be likely to have the effect specified in subsection (1)(a), (b) or (c), the Chief Municipal Inspector must issue to the person to whom the confidentiality notice was issued— (a) a notice cancelling the previous confidentiality notice; and -- 130 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 123 Authorised by the Chief Parliamentary Counsel (b) a new confidentiality notice in respect of that investigation under subsection (1). (4) If at any time the Chief Municipal Inspector considers on reasonable grounds that disclosure of a particular restricted matter specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a), (b) or (c), the Chief Municipal Inspector must issue to the person to whom the confidentiality notice was issued— (a) a notice cancelling the previous confidentiality notice; and (b) a new confidentiality notice in respect of that investigation under subsection (1). (5) If at any time the Chief Municipal Inspector considers on reasonable grounds that disclosure of the restricted matter or restricted matters specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a), (b) or (c), the Chief Municipal Inspector must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice. (6) At the conclusion of an investigation in respect of which a confidentiality notice was issued, the Chief Municipal Inspector must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless— -- 131 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 124 Authorised by the Chief Parliamentary Counsel (a) the Chief Municipal Inspector has applied for an order under section 223BK extending the confidentiality notice and the application has not been determined; or (b) the Supreme Court has made an order under section 223BK extending the confidentiality notice; or (c) the confidentiality notice has already been cancelled under subsection (3), (4) or (5) or section 223BK(3). (7) A confidentiality notice in respect of a particular investigation ceases to have effect on whichever of the following occurs first— (a) the date on which the Chief Municipal Inspector issues a notice cancelling the confidentiality notice under subsection (3), (4), (5) or (6) or section 223BK(3); (b) the date specified in an order under section 223BK extending the confidentiality notice. (8) A confidentiality notice under subsection (1) or a notice cancelling a confidentiality notice under subsection (3), (4), (5) or (6) may be issued to a person by serving a copy on the person in accordance with section 234. 223BK Extension of confidentiality notice (1) If, before the conclusion of an investigation in respect of which a confidentiality notice has been issued, the Chief Municipal Inspector considers on reasonable grounds that it is necessary to extend the confidentiality notice for a period following the investigation, the Chief Municipal Inspector may apply to the Supreme Court -- 132 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 125 Authorised by the Chief Parliamentary Counsel for an order extending the confidentiality notice. (2) On an application under subsection (1), the Supreme Court may, by order, extend a confidentiality notice to a date specified in the order, if the Supreme Court is satisfied that disclosure of the restricted matter or restricted matters specified in the confidentiality notice before that date would be likely to have the effect specified in section 223BJ(1)(a), (b) or (c). (3) If, on an application under subsection (1), the Supreme Court declines to make an order under subsection (2), the Chief Municipal Inspector must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless the investigation in respect of which the confidentiality notice was issued has not concluded. Note Section 223BJ(6) provides for the issue of a notice cancelling a confidentiality notice at the conclusion of the investigation to which the confidentiality notice relates. (4) A notice cancelling a confidentiality notice under subsection (3) may be issued to a person by serving a copy on the person in accordance with section 234. 223BL Chief Municipal Inspector to provide the IBAC with copies The Chief Municipal Inspector, as soon as reasonably practicable, must provide the IBAC with a copy of— (a) each confidentiality notice issued by the Chief Municipal Inspector; -- 133 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 126 Authorised by the Chief Parliamentary Counsel (b) each notice cancelling a confidentiality notice issued by the Chief Municipal Inspector under section 223BJ(3), (4), (5) or (6) or section 223BK(3); (c) each application to the Supreme Court under section 223BK(1) to extend a confidentiality notice; (d) each order of the Supreme Court under section 223BK(2) extending a confidentiality notice. 223BM Disclosure subject to confidentiality notice (1) Except as provided in this section, a person who— (a) is duly served with a confidentiality notice and, if applicable, a copy of any order extending the confidentiality notice; or (b) receives a copy of a confidentiality notice under subsection (8) or (9) and, if applicable, a copy of any order extending the confidentiality notice— must not disclose a restricted matter specified in the confidentiality notice while it has effect. Penalty: 120 penalty units or imprisonment for 12 months or both. (2) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances— (a) in accordance with a direction or authorisation given by the Chief Municipal Inspector; -- 134 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 127 Authorised by the Chief Parliamentary Counsel (b) to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice, including— (i) to an interpreter—if the person does not have a sufficient knowledge of the English language to understand the nature of the witness summons or confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice; (ii) to a parent, guardian or independent person—if the person is under the age of 18 years; (iii) to an independent person—if the person is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice without assistance; (c) for the purposes of obtaining legal advice or representation in relation to— (i) an investigation conducted by the Chief Municipal Inspector under this Act; or -- 135 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 128 Authorised by the Chief Parliamentary Counsel (ii) the person's rights, liabilities, obligations and privileges under this or a relevant Act; (d) by a legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from their professional relationship with their client; (e) to any of the following persons, unless the Chief Municipal Inspector directs that the restricted matter must not be disclosed to that person— (i) the spouse or domestic partner of the person served with the confidentiality notice; (ii) the employer or manager of the person served with the confidentiality notice, or both; (f) in any of the following circumstances, unless the Chief Municipal Inspector directs that the restricted matter must not be disclosed in that circumstance— (i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued— (A) a registered health practitioner; (B) a trade union, within the meaning of the Workplace Relations Act 1996 of the -- 136 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 129 Authorised by the Chief Parliamentary Counsel Commonwealth, of which the person is a member; (C) an employee assistance program; (ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim; (iii) to a prescribed service for a purpose prescribed for that service; (iv) for the purpose of an application to the Fair Work Commission, including any related proceeding; (g) as is otherwise authorised or required to be made by or under this Act. (3) A restricted matter specified in a confidentiality notice may be disclosed to the IBAC if— (a) the IBAC referred the complaint to which restricted matter relates to the Chief Municipal Inspector under section 73A of the Independent Broad-based Anti-corruption Commission Act 2011; and (b) the IBAC has withdrawn the referral in accordance with section 79 of that Act. (4) A restricted matter specified in a confidentiality notice may be disclosed to Victoria Police if— (a) the Chief Municipal Inspector has disclosed information to the Chief Commissioner of Police under section 223BI relating to actual or potential criminal conduct; and -- 137 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 130 Authorised by the Chief Parliamentary Counsel (b) the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct. (5) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of making— (a) a complaint to the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or (b) a complaint to the Victorian Inspectorate under the Victorian Inspectorate Act 2011. (6) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of complying with— (a) a witness summons served on a person by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or (b) a witness summons served on a person by the Victorian Inspectorate under the Victorian Inspectorate Act 2011. (7) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure made is of information that has been published by an investigating entity or the Integrity and Oversight Committee in a report or has otherwise been made public in accordance with this or any other Act. (8) A person who makes a disclosure of information permitted by subsection (2) must, when making the disclosure, provide the person to whom the disclosure is made -- 138 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 131 Authorised by the Chief Parliamentary Counsel with a copy of the confidentiality notice and of any order extending the confidentiality notice, unless the person has a reasonable excuse for not doing so. Penalty: 120 penalty units or imprisonment for 12 months or both. (9) If in respect of a particular investigation a person who makes a disclosure of information permitted by subsection (2) receives a new confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice, the person must as soon as reasonably practicable provide a copy of the new confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice to each person to whom the disclosure has been made, unless the person has a reasonable excuse for not doing so. Penalty: 120 penalty units or imprisonment for 12 months or both. (10) Proceedings may only be instituted for an offence under subsection (1), (8) or (9)— (a) by the Chief Municipal Inspector; or (b) by or with the consent of the Director of Public Prosecutions. (11) In this section— Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth; investigating entity has the same meaning as in section 3 of the Public Interest Disclosures Act 2012; -- 139 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 132 Authorised by the Chief Parliamentary Counsel registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student); relevant Act means— (a) the Public Interest Disclosures Act 2012; or (b) the Independent Broad-based Anti-corruption Commission Act 2011; or (c) the Victorian Inspectorate Act 2011; or (d) the Ombudsman Act 1973; or (e) the Fair Work Act 2009 of the Commonwealth; Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013.". Division 10—Amendment of Racing Act 1958 105 Definitions In section 3(1) of the Racing Act 1958 insert the following definitions— "assessable disclosure has the meaning given in section 3 of the Public Interest Disclosures Act 2012; confidentiality notice means a notice issued by the Racing Integrity Commissioner under section 37T(1); public interest complaint has the meaning given in section 3 of the Public Interest Disclosures Act 2012; -- 140 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 133 Authorised by the Chief Parliamentary Counsel restricted matter means— (a) any evidence or information given to, or obtained by, the Racing Integrity Commissioner; (b) the contents of any document produced to, or obtained by, the Racing Integrity Commissioner; (c) the existence of, or any information about, a confidentiality notice or a requirement under section 37BA(1) to appear before the Racing Integrity Commissioner for examination; (d) the subject matter of an investigation by the Racing Integrity Commissioner; (e) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Racing Integrity Commissioner, to be identified or located; (f) the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Racing Integrity Commissioner; (g) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012; (h) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint; -- 141 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 134 Authorised by the Chief Parliamentary Counsel (i) the fact that the Racing Integrity Commissioner intends to conduct an investigation on a public interest disclosure;". 106 Functions of the Racing Integrity Commissioner In section 37B(1) of the Racing Act 1958, after paragraph (e) insert— "(ea) investigate public interest complaints that relate to the conduct of a controlling body or an employee, officer or member of a controlling body;". 107 New sections 37K to 37W inserted After section 37J of the Racing Act 1958 insert— "37K Racing Integrity Commissioner must investigate public interest complaints Subject to sections 37L and 37M, the Racing Integrity Commissioner must conduct an investigation under this Act on a public interest complaint referred to the Racing Integrity Commissioner by the IBAC. 37L Racing Integrity Commissioner must refuse to investigate certain public interest complaints (1) The Racing Integrity Commissioner must refuse to conduct an investigation on a public interest complaint if the investigation would prejudice any— (a) criminal proceedings or criminal investigations; or (b) investigations by the IBAC or the Victorian Inspectorate. -- 142 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 135 Authorised by the Chief Parliamentary Counsel (2) For the purposes of ensuring compliance with subsection (1), the Racing Integrity Commissioner may consult any of the following— (a) the Director of Public Prosecutions; (b) the Chief Commissioner of Police; (c) the IBAC; (d) the Victorian Inspectorate. 37M Racing Integrity Commissioner may refuse to investigate certain public interest complaints (1) The Racing Integrity Commissioner may refuse to conduct an investigation on a public interest complaint if the Racing Integrity Commissioner considers the subject matter of the public interest complaint has already been investigated or otherwise dealt with by— (a) an integrity body within the meaning of the Independent Broad-based Anti- corruption Commission Act 2011; or (b) any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions. (2) The Racing Integrity Commissioner may refuse to conduct an investigation on a public interest complaint if the person who made the public interest complaint— (a) made the disclosure that was determined to be a public interest complaint more than 12 months after becoming aware of the disclosed matter; and -- 143 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 136 Authorised by the Chief Parliamentary Counsel (b) fails to give a satisfactory explanation for the delay in making the disclosure. (3) The Racing Integrity Commissioner may refuse to conduct an investigation on a public interest complaint if the Racing Integrity Commissioner considers that the conduct that is the subject of the complaint does not amount to improper conduct, within the meaning of section 3 of the Public Interest Disclosures Act 2012, or detrimental action against a person in contravention of section 45 of that Act. 37N Notification of refusal to conduct investigation on public interest complaint (1) This section applies if the Racing Integrity Commissioner refuses under section 37L or 37M to conduct an investigation on a public interest complaint. (2) Within a reasonable time after the public interest complaint is referred to the Racing Integrity Commissioner by the IBAC, the Racing Integrity Commissioner must inform the IBAC and the person who made the public interest disclosure of— (a) the refusal to conduct the investigation; and (b) the reason for that refusal. 37O Notification of corrupt conduct If, at any time before, during or after an investigation of a public interest complaint, the Racing Integrity Commissioner believes that the conduct that is the subject of the complaint appears to involve corrupt conduct, the Racing Integrity Commissioner must— -- 144 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 137 Authorised by the Chief Parliamentary Counsel (a) notify the IBAC of that belief; and (b) if the investigation of the public interest complaint has not been completed— suspend the investigation pending a response from the IBAC to the notification. 37P Procedure on completion of investigation of public interest complaint (1) On completion of an investigation of a public interest complaint, the Racing Integrity Commissioner— (a) must report the findings of the investigation to— (i) the relevant controlling body; and (ii) the Minister; and (b) may make recommendations as to the action to be taken as a result of the investigation to— (i) the Minister; or (ii) the relevant controlling body. (2) If the Racing Integrity Commissioner makes recommendations to the relevant controlling body, the Racing Integrity Commissioner— (a) must provide the Minister with a copy of those recommendations; and (b) may request the controlling body to notify the Racing Integrity Commissioner within a specified time of the steps to be taken to address the recommendations. (3) If no appropriate steps have been taken by the relevant controlling body to address the recommendations of the Racing Integrity -- 145 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 138 Authorised by the Chief Parliamentary Counsel Commissioner within a reasonable time after those recommendations were made, the Racing Integrity Commissioner may advise the Minister of that failure. (4) The Racing Integrity Commissioner must not include in a report under this section any information that— (a) is likely to lead to the identification of a person who has made an assessable disclosure; and (b) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. 37Q Person who made public interest disclosure to be informed of result of investigation (1) If the Racing Integrity Commissioner conducts an investigation on a public interest complaint, the Racing Integrity Commissioner must inform the person who made the complaint (unless the complaint was made anonymously) of— (a) the result of the investigation; and (b) any other information that the Racing Integrity Commissioner thinks proper. (2) The Racing Integrity Commissioner must not disclose any information under this section if the Racing Integrity Commissioner considers that the disclosure of the information would— (a) not be in the public interest or in the interests of justice; or (b) put a person's safety at risk; or -- 146 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 139 Authorised by the Chief Parliamentary Counsel (c) cause unreasonable damage to a person's reputation; or (d) prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, the IBAC or the Victorian Inspectorate; or (e) otherwise contravene any applicable statutory secrecy obligations or involve the unreasonable disclosure of information relating to the personal affairs of any person. 37R Racing Integrity Commissioner must not disclose certain information If a public interest complaint is referred by the IBAC to the Racing Integrity Commissioner for investigation, the Racing Integrity Commissioner must not disclose any information that— (a) is likely to lead to the identification of a person who has made an assessable disclosure; and (b) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. 37S Disclosure of information by Racing Integrity Commissioner (1) At any time, the Racing Integrity Commissioner may provide or disclose any information received or obtained in the course of an investigation of an assessable disclosure to a person or body specified in subsection (3) if the Racing Integrity Commissioner considers that— -- 147 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 140 Authorised by the Chief Parliamentary Counsel (a) the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and (b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information. (2) Despite subsection (1), the Racing Integrity Commissioner must not provide or disclose any information to a person or body if— (a) the person or body, or an employee of the person or body, is the subject of an assessable disclosure; and (b) the information— (i) would be likely to lead to the identification of a person who made the assessable disclosure; and (ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. (3) For the purposes of subsection (1), the following persons and bodies are specified— (a) the IBAC; (b) the Victorian Inspectorate; (c) the Ombudsman; (d) the Auditor-General; (e) Victoria Police; (f) the Director of Public Prosecutions; -- 148 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 141 Authorised by the Chief Parliamentary Counsel (g) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012; (h) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth; (i) the police force or police service (however described) of another State or a Territory; (j) a prescribed person or body. (4) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act). 37T Confidentiality notice (1) If, during an investigation of a public interest complaint the Racing Integrity Commissioner considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice— (a) an investigation by the IBAC or the Victorian Inspectorate; or (b) the safety or reputation of a person; or (c) the fair trial of a person who has been, or may be, charged with an offence— the Racing Integrity Commissioner must issue a confidentiality notice in respect of the investigation to a person (other than an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or -- 149 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 142 Authorised by the Chief Parliamentary Counsel restricted matters in accordance with this section. (2) A confidentiality notice must— (a) be in the prescribed form; and (b) specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued; and (c) include a copy of the provisions of subsections (3) to (7) and sections 37U and 37W and an explanation of the effect of those provisions; and (d) include a statement— (i) advising the person to whom the confidentiality notice is issued that additional obligations under the Public Interest Disclosures Act 2012 relating to confidentiality may apply to the person; and (ii) directing the person to the provisions of that Act which impose those obligations. (3) If at any time the Racing Integrity Commissioner considers on reasonable grounds that it is necessary to restrict disclosure of a different restricted matter from any of those specified in a confidentiality notice in respect of a particular investigation to ensure that the disclosure would not be likely to have the effect specified in subsection (1)(a), (b) or (c), the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was issued— -- 150 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 143 Authorised by the Chief Parliamentary Counsel (a) a notice cancelling the previous confidentiality notice; and (b) a new confidentiality notice in respect of that investigation under subsection (1). (4) If at any time the Racing Integrity Commissioner considers on reasonable grounds that disclosure of a particular restricted matter specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a), (b) or (c), the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was issued— (a) a notice cancelling the previous confidentiality notice; and (b) a new confidentiality notice in respect of that investigation under subsection (1). (5) If at any time the Racing Integrity Commissioner considers on reasonable grounds that disclosure of the restricted matter or restricted matters specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a), (b) or (c), the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice. (6) At the conclusion of an investigation in respect of which a confidentiality notice was issued, the Racing Integrity Commissioner must issue to the person -- 151 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 144 Authorised by the Chief Parliamentary Counsel to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless— (a) the Racing Integrity Commissioner has applied for an order under section 37U extending the confidentiality notice and the application has not been determined; or (b) the Supreme Court has made an order under section 37U extending the confidentiality notice; or (c) the confidentiality notice has already been cancelled under subsection (3), (4) or (5) or section 37U(3). (7) A confidentiality notice in respect of a particular investigation ceases to have effect on whichever of the following occurs first— (a) the date on which the Racing Integrity Commissioner issues a notice cancelling the confidentiality notice under subsection (3), (4), (5) or (6) or section 37U(3); (b) the date specified in an order under section 37U extending the confidentiality notice. (8) A confidentiality notice under subsection (1) or a notice cancelling a confidentiality notice under subsection (3), (4), (5) or (6) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served. 37U Extension of confidentiality notice (1) If, before the conclusion of an investigation in respect of which a confidentiality notice has been issued, the Racing Integrity -- 152 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 145 Authorised by the Chief Parliamentary Counsel Commissioner considers on reasonable grounds that it is necessary to extend the confidentiality notice for a period following the investigation, the Racing Integrity Commissioner may apply to the Supreme Court for an order extending the confidentiality notice. (2) On an application under subsection (1), the Supreme Court may, by order, extend a confidentiality notice to a date specified in the order, if the Supreme Court is satisfied that disclosure of the restricted matter or restricted matters specified in the confidentiality notice before that date would be likely to have the effect specified in section 37T(1)(a), (b) or (c). (3) If, on an application under subsection (1), the Supreme Court declines to make an order under subsection (2), the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless the investigation in respect of which the confidentiality notice was issued has not concluded. Note Section 37T(6) provides for the issue of a notice cancelling a confidentiality notice at the conclusion of the investigation to which the confidentiality notice relates. (4) A notice cancelling a confidentiality notice under subsection (3) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served. -- 153 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 146 Authorised by the Chief Parliamentary Counsel 37V Racing Integrity Commissioner to provide the IBAC with copies The Racing Integrity Commissioner, as soon as reasonably practicable, must provide the IBAC with a copy of— (a) each confidentiality notice issued by the Racing Integrity Commissioner; (b) each notice cancelling a confidentiality notice issued by the Racing Integrity Commissioner under section 37T(3), (4), (5) or (6) or section 37U(3); (c) each application to the Supreme Court under section 37U(1) to extend a confidentiality notice; (d) each order of the Supreme Court under section 37U(2) extending a confidentiality notice. 37W Disclosure subject to confidentiality notice (1) Except as provided in this section, a person who— (a) is duly served with a confidentiality notice and, if applicable, a copy of any order extending the confidentiality notice; or (b) receives a copy of a confidentiality notice under subsection (8) or (9) and, if applicable, a copy of any order extending the confidentiality notice— must not disclose a restricted matter specified in the confidentiality notice while it has effect. Penalty: 120 penalty units or imprisonment for 12 months or both. -- 154 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 147 Authorised by the Chief Parliamentary Counsel (2) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances— (a) in accordance with a direction or authorisation given by the Racing Integrity Commissioner; (b) to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice, including— (i) to an interpreter—if the person does not have a sufficient knowledge of the English language to understand the nature of the witness summons or confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice; (ii) to a parent, guardian or independent person—if the person is under the age of 18 years; (iii) to an independent person—if the person is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order -- 155 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 148 Authorised by the Chief Parliamentary Counsel extending the confidentiality notice without assistance; (c) for the purposes of obtaining legal advice or representation in relation to— (i) an investigation conducted by the Racing Integrity Commissioner under this Act; or (ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act; (d) by a legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from their professional relationship with their client; (e) to any of the following persons, unless the Racing Integrity Commissioner directs that the restricted matter must not be disclosed to that person— (i) the spouse or domestic partner of the person served with the confidentiality notice; (ii) the employer or manager of the person served with the confidentiality notice, or both; (f) in any of the following circumstances, unless the Racing Integrity Commissioner directs that the restricted matter must not be disclosed in that circumstance— -- 156 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 149 Authorised by the Chief Parliamentary Counsel (i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued— (A) a registered health practitioner; (B) a trade union, within the meaning of the Workplace Relations Act 1996 of the Commonwealth, of which the person is a member; (C) an employee assistance program; (ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim; (iii) to a prescribed service for a purpose prescribed for that service; (iv) for the purpose of an application to the Fair Work Commission, including any related proceeding; (g) as is otherwise authorised or required to be made by or under this Act. (3) A restricted matter specified in a confidentiality notice may be disclosed to the IBAC if— (a) the IBAC referred the complaint to which the restricted matter relates to the Racing Integrity Commissioner under section 73A of the Independent Broad-based Anti-corruption Commission Act 2011; and -- 157 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 150 Authorised by the Chief Parliamentary Counsel (b) the IBAC has withdrawn the referral in accordance with section 79 of that Act. (4) A restricted matter specified in a confidentiality notice may be disclosed to Victoria Police if— (a) the Racing Integrity Commissioner has disclosed information to the Chief Commissioner of Police under section 37S relating to actual or potential criminal conduct; and (b) the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct. (5) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of making— (a) a complaint to the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or (b) a complaint to the Victorian Inspectorate under the Victorian Inspectorate Act 2011. (6) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of complying with— (a) a witness summons served on a person by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or (b) a witness summons served on a person by the Victorian Inspectorate under the Victorian Inspectorate Act 2011. -- 158 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 151 Authorised by the Chief Parliamentary Counsel (7) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure made is of information that has been published by an investigating entity or the Integrity and Oversight Committee in a report or has otherwise been made public in accordance with this or any other Act. (8) A person who makes a disclosure of information permitted by subsection (2) must, when making the disclosure, provide the person to whom the disclosure is made with a copy of the confidentiality notice and of any order extending the confidentiality notice, unless the person has a reasonable excuse for not doing so. Penalty: 120 penalty units or imprisonment for 12 months or both. (9) If in respect of a particular investigation a person who makes a disclosure of information permitted by subsection (2) receives a new confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice, the person must as soon as reasonably practicable provide a copy of the new confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice to each person to whom the disclosure has been made, unless the person has a reasonable excuse for not doing so. Penalty: 120 penalty units or imprisonment for 12 months or both. -- 159 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 152 Authorised by the Chief Parliamentary Counsel (10) Proceedings may only be instituted for an offence under subsection (1), (8) or (9)— (a) by the Racing Integrity Commissioner; or (b) by or with the consent of the Director of Public Prosecutions. (11) In this section— Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth; investigating entity has the same meaning as in section 3 of the Public Interest Disclosures Act 2012; registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student); relevant Act means— (a) the Public Interest Disclosures Act 2012; or (b) the Independent Broad-based Anti-corruption Commission Act 2011; or (c) the Victorian Inspectorate Act 2011; or (d) the Ombudsman Act 1973; or (e) the Fair Work Act 2009 of the Commonwealth; or -- 160 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 153 Authorised by the Chief Parliamentary Counsel Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013.". Division 11—Amendment of Freedom of Information Act 1982 108 Definitions (1) In section 5(1) of the Freedom of Information Act 1982 insert the following definitions— "assessable disclosure has the meaning given in section 3 of the Public Interest Disclosures Act 2012; confidentiality notice means a notice issued by the Information Commissioner under section 61TJ(1); domestic partner of a person means— (a) a person who is in a registered relationship with the person; or Note A registered relationship is defined in subsection (5). (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); public interest complaint has the meaning given in section 3 of the Public Interest Disclosures Act 2012; -- 161 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 154 Authorised by the Chief Parliamentary Counsel restricted matter means— (a) any evidence or information given to, or obtained by, the Information Commissioner; (b) the contents of any document produced to, or obtained by, the Information Commissioner; (c) the existence of, or any information about, a confidentiality notice or a requirement under section 61U(1)(a) to attend an examination before the Information Commissioner; (d) the subject matter of an investigation by the Information Commissioner; (e) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Information Commissioner, to be identified or located; (f) the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Information Commissioner; (g) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012; (h) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint; -- 162 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 155 Authorised by the Chief Parliamentary Counsel (i) the fact that the Information Commissioner intends to conduct an investigation on a public interest disclosure; spouse of a person means a person to whom the person is married;". (2) After section 5(4) of the Freedom of Information Act 1982 insert— "(5) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as it has in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.". 109 Freedom of information functions In section 6I(1) of the Freedom of Information Act 1982— (a) in paragraph (e), for "Part VIB." substitute "Part VIB;"; (b) after paragraph (e) insert— "(f) investigate public interest complaints that relate to conduct relevant to the functions of the Information Commissioner.". -- 163 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 156 Authorised by the Chief Parliamentary Counsel 110 New Division 3 of Part VIB inserted After section 61T of the Freedom of Information Act 1982 insert— "Division 3—Investigations of public interest complaints 61TA Information Commissioner must investigate public interest complaints (1) Subject to sections 61TB and 61TC, the Information Commissioner must conduct an investigation under this Act on a public interest complaint referred to the Information Commissioner by the IBAC. (2) The Information Commissioner must not refer a public interest complaint referred to the Information Commissioner under subsection (1) to another person or body under section 61C for investigation by that person or body. 61TB Information Commissioner must refuse to investigate certain public interest complaints (1) The Information Commissioner must refuse to conduct an investigation on a public interest complaint if the investigation would prejudice any— (a) criminal proceedings or criminal investigations; or (b) investigations by the IBAC or the Victorian Inspectorate. (2) For the purposes of ensuring compliance with subsection (1), the Information Commissioner may consult any of the following— -- 164 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 157 Authorised by the Chief Parliamentary Counsel (a) the Director of Public Prosecutions; (b) the Chief Commissioner of Police; (c) the IBAC; (d) the Victorian Inspectorate. 61TC Information Commissioner may refuse to investigate certain public interest complaints (1) The Information Commissioner may refuse to conduct an investigation on a public interest complaint if the Information Commissioner considers the subject matter of the public interest complaint has already been investigated or otherwise dealt with by— (a) an integrity body within the meaning of the Independent Broad-based Anti- corruption Commission Act 2011; or (b) any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions. (2) The Information Commissioner may refuse to conduct an investigation on a public interest complaint if the person who made the public interest complaint— (a) made the disclosure that was determined to be a public interest complaint more than 12 months after becoming aware of the disclosed matter; and (b) fails to give a satisfactory explanation for the delay in making the disclosure. -- 165 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 158 Authorised by the Chief Parliamentary Counsel (3) The Information Commissioner may refuse to conduct an investigation on a public interest complaint if the Information Commissioner considers that the conduct that is the subject of the complaint does not amount to improper conduct, within the meaning of section 3 of the Public Interest Disclosures Act 2012, or detrimental action against a person in contravention of section 45 of that Act. 61TD Notification of refusal to conduct investigation on public interest complaint (1) This section applies if the Information Commissioner refuses under section 61TB or 61TC to conduct an investigation on a public interest complaint. (2) Within a reasonable time after the public interest complaint is referred to the Information Commissioner by the IBAC, the Information Commissioner must inform the IBAC and the person who made the public interest disclosure of— (a) the refusal to conduct the investigation; and (b) the reason for that refusal. 61TE Notification of corrupt conduct If, at any time before, during or after an investigation of a public interest complaint, the Information Commissioner believes that the conduct that is the subject of the complaint appears to involve corrupt conduct, the Information Commissioner must— -- 166 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 159 Authorised by the Chief Parliamentary Counsel (a) notify the IBAC of that belief; and (b) if the investigation of the public interest complaint has not been completed—suspend the investigation pending a response from the IBAC to the notification. 61TF Procedure on completion of investigation of public interest complaint (1) On completion of an investigation of a public interest complaint, the Information Commissioner may, subject to subsection (3), make recommendations in accordance with section 61L. (2) However, the Information Commissioner must not refer a public interest complaint to another person or body under section 61L for investigation by that person or body. (3) The Information Commissioner must not include in a recommendation under section 61L any information that— (a) is likely to lead to the identification of a person who has made an assessable disclosure; and (b) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. 61TG Person who made public interest disclosure to be informed of result of investigation (1) If the Information Commissioner conducts an investigation on a public interest complaint, the Information Commissioner must inform the person who made the complaint (unless the complaint was made anonymously) of— -- 167 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 160 Authorised by the Chief Parliamentary Counsel (a) the result of the investigation; and (b) any other information that the Information Commissioner thinks proper. (2) The Information Commissioner must not disclose any information under this section if the Information Commissioner considers that the disclosure of the information would— (a) not be in the public interest or in the interests of justice; or (b) put a person's safety at risk; or (c) cause unreasonable damage to a person's reputation; or (d) prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, the IBAC or the Victorian Inspectorate; or (e) otherwise contravene any applicable statutory secrecy obligations or involve the unreasonable disclosure of information relating to the personal affairs of any person. 61TH Information Commissioner must not disclose certain information If a public interest complaint is referred by the IBAC to the Information Commissioner for investigation, the Information Commissioner, the Public Access Commissioner or any officer of the Office of the Victorian Information Commissioner must not disclose any information that— (a) is likely to lead to the identification of a person who has made an assessable disclosure; and -- 168 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 161 Authorised by the Chief Parliamentary Counsel (b) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. 61TI Disclosure of information by Information Commissioner (1) At any time, the Information Commissioner may provide or disclose any information received or obtained in the course of an investigation of an assessable disclosure to a person or body specified in subsection (3) if the Information Commissioner considers that— (a) the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and (b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information. (2) Despite subsection (1), the Information Commissioner must not provide or disclose any information to a person or body if— (a) the person or body, or an employee of the person or body, is the subject of an assessable disclosure; and (b) the information— (i) would be likely to lead to the identification of a person who made the assessable disclosure; and (ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. -- 169 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 162 Authorised by the Chief Parliamentary Counsel (3) For the purposes of subsection (1), the following persons and bodies are specified— (a) the IBAC; (b) the Victorian Inspectorate; (c) the Ombudsman; (d) the Auditor-General; (e) Victoria Police; (f) the Director of Public Prosecutions; (g) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012; (h) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth; (i) the police force or police service (however described) of another State or a Territory; (j) a prescribed person or body. (4) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act). 61TJ Confidentiality notice (1) If, during an investigation of a public interest complaint the Information Commissioner considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice— (a) an investigation by the IBAC or the Victorian Inspectorate; or -- 170 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 163 Authorised by the Chief Parliamentary Counsel (b) the safety or reputation of a person; or (c) the fair trial of a person who has been, or may be, charged with an offence— the Information Commissioner must issue a confidentiality notice in respect of the investigation to a person (other than an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or restricted matters in accordance with this section. (2) A confidentiality notice must— (a) be in the prescribed form; and (b) specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued; and (c) include a copy of the provisions of subsections (3) to (7) and sections 61TK and 61TM and an explanation of the effect of those provisions; and (d) include a statement— (i) advising the person to whom the confidentiality notice is issued that additional obligations under the Public Interest Disclosures Act 2012 relating to confidentiality may apply to the person; and (ii) directing the person to the provisions of that Act which impose those obligations. (3) If at any time the Information Commissioner considers on reasonable grounds that it is necessary to restrict disclosure of a different restricted matter from any of those specified -- 171 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 164 Authorised by the Chief Parliamentary Counsel in a confidentiality notice in respect of a particular investigation to ensure that the disclosure would not be likely to have the effect specified in subsection (1)(a), (b) or (c), the Information Commissioner must issue to the person to whom the confidentiality notice was issued— (a) a notice cancelling the previous confidentiality notice; and (b) a new confidentiality notice in respect of that investigation under subsection (1). (4) If at any time the Information Commissioner considers on reasonable grounds that disclosure of a particular restricted matter specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a), (b) or (c), the Information Commissioner must issue to the person to whom the confidentiality notice was issued— (a) a notice cancelling the previous confidentiality notice; and (b) a new confidentiality notice in respect of that investigation under subsection (1). (5) If at any time the Information Commissioner considers on reasonable grounds that disclosure of the restricted matter or restricted matters specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a), (b) or (c), the Information Commissioner must issue to the person to -- 172 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 165 Authorised by the Chief Parliamentary Counsel whom the confidentiality notice was issued a notice cancelling the confidentiality notice. (6) At the conclusion of an investigation in respect of which a confidentiality notice was issued, the Information Commissioner must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless— (a) the Information Commissioner has applied for an order under section 61TK extending the confidentiality notice and the application has not been determined; or (b) the Supreme Court has made an order under section 61TK extending the confidentiality notice; or (c) the confidentiality notice has already been cancelled under subsection (3), (4) or (5) or section 61TK(3). (7) A confidentiality notice in respect of a particular investigation ceases to have effect on whichever of the following occurs first— (a) the date on which the Information Commissioner issues a notice cancelling the confidentiality notice under subsection (3), (4), (5) or (6) or section 61TK(3); (b) the date specified in an order under section 61TK extending the confidentiality notice. (8) A confidentiality notice under subsection (1) or a notice cancelling a confidentiality notice under subsection (3), (4), (5) or (6) may be issued to a person by serving a copy on the -- 173 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 166 Authorised by the Chief Parliamentary Counsel person in the same manner that a witness summons can be served. 61TK Extension of confidentiality notice (1) If, before the conclusion of an investigation in respect of which a confidentiality notice has been issued, the Information Commissioner considers on reasonable grounds that it is necessary to extend the confidentiality notice for a period following the investigation, the Information Commissioner may apply to the Supreme Court for an order extending the confidentiality notice. (2) On an application under subsection (1), the Supreme Court may, by order, extend a confidentiality notice to a date specified in the order, if the Supreme Court is satisfied that disclosure of the restricted matter or restricted matters specified in the confidentiality notice before that date would be likely to have the effect specified in section 61TJ(1)(a), (b) or (c). (3) If, on an application under subsection (1), the Supreme Court declines to make an order under subsection (2), the Information Commissioner must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless the investigation in respect of which the confidentiality notice was issued has not concluded. Note Section 61TJ(6) provides for the issue of a notice cancelling a confidentiality notice at the conclusion of the investigation to which the confidentiality notice relates. -- 174 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 167 Authorised by the Chief Parliamentary Counsel (4) A notice cancelling a confidentiality notice under subsection (3) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served. 61TL Information Commissioner to provide the IBAC with copies The Information Commissioner, as soon as reasonably practicable, must provide the IBAC with a copy of— (a) each confidentiality notice issued by the Information Commissioner; (b) each notice cancelling a confidentiality notice issued by the Information Commissioner under section 61TJ(3), (4), (5) or (6) or section 61TK(3); (c) each application to the Supreme Court under section 61TK(1) to extend a confidentiality notice; (d) each order of the Supreme Court under section 61TK(2) extending a confidentiality notice. 61TM Disclosure subject to confidentiality notice (1) Except as provided in this section, a person who— (a) is duly served with a confidentiality notice and, if applicable, a copy of any order extending the confidentiality notice; or -- 175 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 168 Authorised by the Chief Parliamentary Counsel (b) receives a copy of a confidentiality notice under subsection (8) or (9) and, if applicable, a copy of any order extending the confidentiality notice— must not disclose a restricted matter specified in the confidentiality notice while it has effect. Penalty: 120 penalty units or imprisonment for 12 months or both. (2) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances— (a) in accordance with a direction or authorisation given by the Information Commissioner; (b) to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice, including— (i) to an interpreter—if the person does not have a sufficient knowledge of the English language to understand the nature of the witness summons or confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice; -- 176 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 169 Authorised by the Chief Parliamentary Counsel (ii) to a parent, guardian or independent person—if the person is under the age of 18 years; (iii) to an independent person—if the person is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice without assistance; (c) for the purposes of obtaining legal advice or representation in relation to— (i) an investigation conducted by the Information Commissioner under this Act; or (ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act; (d) by a legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from their professional relationship with their client; (e) to any of the following persons, unless the Information Commissioner directs that the restricted matter must not be disclosed to that person— -- 177 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 170 Authorised by the Chief Parliamentary Counsel (i) the spouse or domestic partner of the person served with the confidentiality notice; (ii) the employer or manager of the person served with the confidentiality notice, or both; (f) in any of the following circumstances, unless the Information Commissioner directs that the restricted matter must not be disclosed in that circumstance— (i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued— (A) a registered health practitioner; (B) a trade union, within the meaning of the Workplace Relations Act 1996 of the Commonwealth, of which the person is a member; (C) an employee assistance program; (ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim; (iii) to a prescribed service for a purpose prescribed for that service; (iv) for the purpose of an application to the Fair Work Commission, including any related proceeding; -- 178 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 171 Authorised by the Chief Parliamentary Counsel (g) as is otherwise authorised or required to be made by or under this Act. (3) A restricted matter specified in a confidentiality notice may be disclosed to the IBAC if— (a) the IBAC referred the complaint to which restricted matter relates to the Information Commissioner under section 73A of the Independent Broad-based Anti-corruption Commission Act 2011; and (b) the IBAC has withdrawn the referral in accordance with section 79 of that Act. (4) A restricted matter specified in a confidentiality notice may be disclosed to Victoria Police if— (a) the Information Commissioner has disclosed information to the Chief Commissioner of Police under section 61TI relating to actual or potential criminal conduct; and (b) the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct. (5) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of making— (a) a complaint to the IBAC under the Independent Broad-based Anti- corruption Commission Act 2011; or (b) a complaint to the Victorian Inspectorate under the Victorian Inspectorate Act 2011. -- 179 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 172 Authorised by the Chief Parliamentary Counsel (6) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of complying with— (a) a witness summons served on a person by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or (b) a witness summons served on a person by the Victorian Inspectorate under the Victorian Inspectorate Act 2011. (7) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure made is of information that has been published by an investigating entity or the Integrity and Oversight Committee in a report or has otherwise been made public in accordance with this or any other Act. (8) A person who makes a disclosure of information permitted by subsection (2) must, when making the disclosure, provide the person to whom the disclosure is made with a copy of the confidentiality notice and of any order extending the confidentiality notice, unless the person has a reasonable excuse for not doing so. Penalty: 120 penalty units or imprisonment for 12 months or both. (9) If in respect of a particular investigation a person who makes a disclosure of information permitted by subsection (2) receives a new confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice, the person must as soon as reasonably practicable provide a copy of the new -- 180 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 173 Authorised by the Chief Parliamentary Counsel confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice to each person to whom the disclosure has been made, unless the person has a reasonable excuse for not doing so. Penalty: 120 penalty units or imprisonment for 12 months or both. (10) Proceedings may only be instituted for an offence under subsection (1), (8) or (9)— (a) by the Information Commissioner; or (b) by or with the consent of the Director of Public Prosecutions. (11) In this section— Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth; investigating entity has the same meaning as in section 3 of the Public Interest Disclosures Act 2012; registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student); relevant Act means— (a) the Public Interest Disclosures Act 2012; or (b) the Independent Broad-based Anti-corruption Commission Act 2011; or (c) the Victorian Inspectorate Act 2011; or -- 181 of 316 -- Part 2—Amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 174 Authorised by the Chief Parliamentary Counsel (d) the Ombudsman Act 1973; or (e) the Fair Work Act 2009 of the Commonwealth; Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013.". Division 12—Consequential amendments of other Acts 111 Amendment of Safe Drinking Water Act 2003 In section 26B(2) of the Safe Drinking Water Act 2003, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". -- 182 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 175 Authorised by the Chief Parliamentary Counsel Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Division 1—Amendment of Independent Broad-based Anti-corruption Commission Act 2011 112 Definitions In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011— (a) in the definition of confidentiality notice, after "section 42(1)" insert "or (1A)"; (b) in paragraph (c) of the definition of detained person, for "Department of Human Services" substitute "Secretary to the Department of Justice and Community Safety". 113 Definitions of public body, public officer and public sector In section 6(3) of the Independent Broad-based Anti-corruption Commission Act 2011— (a) in paragraph (c), for "State." substitute "State;"; (b) after paragraph (c) insert— "(d) that the body is publicly funded to perform the function.". 114 The IBAC may receive information After section 56(2) of the Independent Broad- based Anti-corruption Commission Act 2011 insert— "(2A) The IBAC may receive from any person or body information relevant to a decision by the IBAC to defer taking action under -- 183 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 176 Authorised by the Chief Parliamentary Counsel section 58 in relation to a complaint or notification.". 115 New section 58A inserted After section 58 of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "58A IBAC may defer decision pending investigation by other person or body (1) The IBAC may defer taking action under section 58 in relation to a complaint or notification, other than a public interest complaint, if— (a) the subject matter of the complaint or notification— (i) is being investigated by a person or body specified in section 73(2); and (ii) is relevant to the duties, functions or powers of that person or body; and (b) the IBAC considers— (i) it more appropriate that the person or body investigate the complaint or notification; and (ii) it is otherwise appropriate for the person or body to continue that investigation. (2) In deciding whether to defer taking action under section 58, the IBAC may consult with the person or body conducting the investigation. -- 184 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 177 Authorised by the Chief Parliamentary Counsel (3) The IBAC must not defer taking action under section 58 any later than— (a) the completion of the investigation by the person or body; or (b) 90 days after receiving the complaint or notification— whichever occurs first. (4) Nothing in subsection (3) prevents the IBAC from taking action under section 58 or conducting a preliminary inquiry under section 59A at any time before the investigation by the person or body has been completed or before the period specified in subsection (3)(b) has elapsed. (5) If the IBAC defers taking action under section 58, the IBAC may do one or both of the following— (a) provide to the person or body conducting the investigation any information that the IBAC has in relation to the complaint or notification; (b) require the person or body to provide to the IBAC, within a reasonable time, information regarding the investigation and any action taken in respect of the investigation.". 116 Notice of dismissal, investigation or referral of complaint or notification (1) For section 59(1) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute— "(1) Subject to subsections (2) and (4), the IBAC may notify the person who made a complaint to the IBAC— -- 185 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 178 Authorised by the Chief Parliamentary Counsel (a) of the action referred to in section 58 that the IBAC has taken; or (b) if applicable, that the IBAC has deferred taking that action while the subject matter of the complaint is being investigated by another person or body.". (2) For section 59(3A) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute— "(3A) Subject to subsection (4), the IBAC may notify the person who made a notification to the IBAC— (a) of the action referred to in section 58 that the IBAC has taken; or (b) if applicable, that the IBAC has deferred taking that action while the subject matter of the notification is being investigated by another person or body.". (3) For section 59(5) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute— "(5) A notification under subsection (1) or (2), other than a notification relating to the dismissal of a complaint under section 58(a), must include a written statement advising the recipient that it is an offence under section 184 to disclose the content of the notification.". 117 Section 98 amended (1) In the heading to section 98 of the Independent Broad-based Anti-corruption Commission Act 2011, after "police personnel" insert "and other public officers". -- 186 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 179 Authorised by the Chief Parliamentary Counsel (2) In section 98(c) of the Independent Broad-based Anti-corruption Commission Act 2011, for "other" (where first occurring) substitute "comply with a". (3) At the end of section 98 of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "(2) If an authorised officer exercises a power under a search warrant issued under section 91— (a) the Crown is not entitled to assert any privilege in response to the exercise of that power; and (b) any privilege referred to in paragraph (a) is abrogated; and (c) any obligation on a public officer to maintain secrecy or comply with a restriction upon the disclosure of information imposed by any enactment or any rule of law— (i) is overridden; and (ii) does not apply in respect of the inspection, copying or seizure of any document or other thing by the authorised officer under the search warrant. (4) A person is not subject to any criminal, civil, administrative or disciplinary proceedings or actions only because the person has not maintained secrecy or complied with a restriction upon the disclosure of information imposed by any enactment or any rule of law in the circumstances referred to in subsection (1)(c) or (2)(c). -- 187 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 180 Authorised by the Chief Parliamentary Counsel (5) This section does not apply to information, documents or things that are subject to Cabinet confidentiality.". 118 Conduct of examinations In section 116(b) of the Independent Broad-based Anti-corruption Commission Act 2011, before "may" insert "subject to any requirements under this Division,". 119 Examinations generally to be held in private (1) In section 117(1) of the Independent Broad-based Anti-corruption Commission Act 2011— (a) in paragraph (c), for "wellbeing." substitute "wellbeing; and"; (b) after paragraph (c) insert— "(d) the conduct that is the subject of the investigation may constitute— (i) serious corrupt conduct; or (ii) systemic corrupt conduct; or (iii) serious police personnel misconduct; or (iv) systemic police personnel misconduct.". (2) After section 117(3) of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "(3A) If the IBAC holds an examination in public, the IBAC may hold any part of the examination in private— -- 188 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 181 Authorised by the Chief Parliamentary Counsel (a) on application by— (i) a person attending the examination in accordance with a witness summons; or (ii) a person authorised by the IBAC under section 119A to appear at the public examination; or (b) on its own motion. (3B) In deciding whether or not to hold part of the examination in private, the IBAC may have regard to— (a) whether it is in the public interest to keep that part of the examination open to the public; and (b) whether holding the examination in private is necessary to prevent unreasonable damage to a person's reputation, safety or wellbeing.". (3) For section 117(4) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute— "(4) For the purposes of subsection (1)(b) and (3B)(a), the factors the IBAC may take into account in determining whether or not it is in the public interest to hold a public examination or part of an examination open to the public (as applicable) include, but are not limited to— (a) in the case of an investigation of conduct that may constitute serious corrupt conduct or serious police personnel misconduct—whether the conduct relates to an individual or is an isolated incident or systemic in nature; and -- 189 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 182 Authorised by the Chief Parliamentary Counsel (b) in the case of an investigation of conduct that may constitute systemic corrupt conduct or systemic police personnel misconduct—the seriousness of the matter being investigated; and (c) the benefit of exposing to the public, and making the public aware of, corrupt conduct or police personnel misconduct.". (4) In section 117(5) of the Independent Broad-based Anti-corruption Commission Act 2011, for "7 days" substitute "10 business days". (5) After section 117(5) of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "(5A) The IBAC must not make a public announcement of its intention to hold a public examination for the purposes of an investigation unless the IBAC has notified the Victorian Inspectorate in accordance with subsection (5) of its intention to do so.". 120 New section 119A inserted After section 119 of the Independent Broad- based Anti-corruption Commission Act 2011 insert— "119A Appearance at public examination by interested party The IBAC may authorise a person to appear at a public examination if satisfied that— (a) the person has a substantial and direct interest in the subject matter of the examination; and -- 190 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 183 Authorised by the Chief Parliamentary Counsel (b) it is appropriate for the person to appear at the examination as an interested party. Note Under section 127(7), the IBAC may authorise the person to be represented at the examination by an Australian legal practitioner.". 121 Content and form of witness summons In section 121(4)(h)(ii) of the Independent Broad-based Anti-corruption Commission Act 2011, for "member of Victoria Police personnel" substitute "public officer". 122 IBAC to report to Victorian Inspectorate on issue of witness summonses In section 122 of the Independent Broad-based Anti-corruption Commission Act 2011— (a) in paragraph (a), after "summoned;" insert "and"; (b) in paragraph (b), for "issued." substitute "issued; and"; (c) after paragraph (b) insert— "(c) if, under section 121(2), the witness summons does not state, or fully state, the nature of the matters about which the person to whom it is directed is to be questioned—the reason for not stating or fully stating the nature of those matters; and (d) if, under section 124(2), the witness summons requires immediate attendance by a person before the IBAC—the reasons for requiring the immediate attendance of the person.". -- 191 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 184 Authorised by the Chief Parliamentary Counsel 123 Legal representation of witnesses and other persons For section 127(7) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute— "(7) The IBAC may authorise a person who is not a witness to be represented by an Australian legal practitioner during the examination of a witness if the IBAC— (a) has authorised the person under section 119A to appear at a public examination; or (b) considers that there are special circumstances. (7A) The IBAC may direct a person referred to in subsection (7) not to be represented by a specified Australian legal practitioner if the IBAC considers on reasonable grounds that the examination would be prejudiced because the Australian legal practitioner is— (a) a witness in the examination or another examination; or (b) the representative of a witness in the examination or another examination; or (c) a person involved, or suspected of being involved, in a matter being investigated by the IBAC or the Victorian Inspectorate; or (d) the representative of a person involved, or suspected of being involved, in a matter being investigated by the IBAC or the Victorian Inspectorate.". -- 192 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 185 Authorised by the Chief Parliamentary Counsel 124 IBAC to inform Victorian Inspectorate of direction in relation to specified Australian legal practitioner In section 128(1) and (2) of the Independent Broad-based Anti-corruption Commission Act 2011, for "section 127(2) or 127(8)" substitute "section 127(2), (7A) or (8)". 125 New section 132A inserted After section 132 of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "132A Cross-examination of witness (1) The following persons may, with the leave of the IBAC, cross-examine a witness at a public examination of the witness on any matter that the IBAC considers relevant— (a) another witness; (b) a person authorised under section 119A to appear at the examination; (c) an Australian legal practitioner authorised under section 127 to represent a person referred to in paragraph (a) or (b) during the examination of the witness. (2) The witness being cross-examined has the same protections and is subject to the same liabilities and confidentiality obligations in relation to the cross-examination that apply in relation to the examination of the witness by the IBAC.". -- 193 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 186 Authorised by the Chief Parliamentary Counsel 126 Report to Victorian Inspectorate on issue of arrest warrant In section 142(b) of the Independent Broad-based Anti-corruption Commission Act 2011, for "a search warrant" substitute "an arrest warrant". 127 Privileges and secrecy generally (1) In section 143(1) of the Independent Broad-based Anti-corruption Commission Act 2011— (a) for "member of Victoria Police personnel" (where twice occurring) substitute "public officer"; (b) for "other" substitute "comply with a". (2) For section 143(2) of the Independent Broad- based Anti-corruption Commission Act 2011 substitute— "(2) The Crown is not entitled to assert any privilege in relation to an examination of a public officer, including any requirement under a witness summons. (3) Any privilege referred to in subsection (2) is abrogated. (4) A person is not subject to any criminal, civil, administrative or disciplinary proceedings or actions only because the person has not maintained secrecy or complied with a restriction upon the disclosure of information imposed by any enactment or any rule of law in the circumstances referred to in subsection (1). -- 194 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 187 Authorised by the Chief Parliamentary Counsel (5) This section does not apply to information, documents or things that are subject to Cabinet confidentiality.". (3) At the foot of section 143 of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "Note A public officer includes a member of Victoria Police personnel.". 128 New section 162A inserted After section 162 of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "162A Advance copy of report to the Parliament (1) If the IBAC proposes to transmit a report to the Parliament under section 162, the IBAC must give an advance copy of the report to— (a) the Minister; and (b) the Secretary to the Department of Premier and Cabinet. (2) The copy of the report must be given at least one business day before the report is due to be transmitted to the Parliament. (3) The IBAC is not required to give an advance copy of the report under subsection (1) if the IBAC considers that in all the circumstances it would be inappropriate to do so.". 129 Persons who receive reports or information prior to publication (1) In section 166(1) of the Independent Broad- based Anti-corruption Commission Act 2011, after "proposed report," (where first occurring) insert "an advance copy of a report under section 162A,". -- 195 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 188 Authorised by the Chief Parliamentary Counsel (2) After section 166(2)(c) of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "(ca) is made by the Secretary to the Department of Premier and Cabinet to relevant officers of the Department of Premier and Cabinet for the purpose of enabling the Premier or the responsible Minister to respond to the report; or". 130 Offence to disclose certain information received from the IBAC For section 184(1) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute— "(1) A person who made a complaint who is notified by the IBAC under section 59(1) or (2), other than a person notified that the IBAC has dismissed the complaint under section 58(a), must not disclose the content of the notification except in the circumstances specified in subsection (5). Penalty: 60 penalty units or 6 months imprisonment or both. Note Section 185 applies to an offence against this subsection.". Division 2—Amendment of Victorian Inspectorate Act 2011 131 Definitions (1) In section 3(1) of the Victorian Inspectorate Act 2011, for paragraph (b) of the definition of coercive power substitute— -- 196 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 189 Authorised by the Chief Parliamentary Counsel "(b) in relation to an Ombudsman officer—any power of the Ombudsman or a member of the Ombudsman staff under Division 3 of Part IV of the Ombudsman Act 1973; or". (2) In section 3(1) of the Victorian Inspectorate Act 2011, in paragraph (c) of the definition of detained person, for "Department of Human Services" substitute "Secretary to the Department of Justice and Community Safety". 132 Functions of the Victorian Inspectorate For section 11(5)(a)(ii) and (iii) of the Victorian Inspectorate Act 2011 substitute— "(ii) whether procedural fairness requirements have been complied with by officers of the Office of the Victorian Information Commissioner in— (A) the exercise, or purported exercise, of coercive powers under the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014; and (B) the conduct of investigations under Part VIB of the Freedom of Information Act 1982; and (C) the making of recommendations under section 61L of the Freedom of Information Act 1982; and (D) the making of investigation reports under section 61Q of the Freedom of Information Act 1982; and (E) the making of compliance notices under Part 3 of the Privacy and Data Protection Act 2014;". -- 197 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 190 Authorised by the Chief Parliamentary Counsel 133 New section 40A inserted After section 40 of the Victorian Inspectorate Act 2011 insert— "40A Review of notices etc. provided by the IBAC (1) The Victorian Inspectorate may review the following provided to the Victorian Inspectorate by the IBAC under the specified sections of the Independent Broad-based Anti-corruption Commission Act 2011— (a) a copy of a confidentiality notice or associated notice, application or order provided under section 43 of that Act; (b) a written report on the issue of a witness summons given under section 59G of that Act; (c) a complaint or notification to the IBAC notified under section 71 of that Act; (d) a withdrawal of a referral notified under section 79(4) of that Act; (e) an appointment of an examiner notified under section 115(7) of that Act; (f) a written report on a decision by the IBAC to hold a public examination provided under section 117(5) of that Act; (g) a written report on the issue of a witness summons given under section 122 of that Act; (h) a direction by the IBAC in relation to a specified Australian legal practitioner informed in writing under section 128 of that Act; -- 198 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 191 Authorised by the Chief Parliamentary Counsel (i) a copy of a video recording and any transcript of an examination provided under section 134 of that Act; (j) a written report on the issue of an arrest warrant given under section 142 of that Act; (k) a written report on the issue of an arrest warrant given under section 154 of that Act. (2) A review of a matter under subsection (1) must assess— (a) whether the requirements under the Independent Broad-based Anti-corruption Commission Act 2011 relating to that matter have been complied with; and (b) where the IBAC has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered as assisting the IBAC to achieve the purposes of the investigation; and (c) where the matter relates to the questioning of a person attending an examination—whether the questioning may reasonably be considered as assisting the IBAC to achieve the purposes of the investigation to which the examination relates. (3) If the Victorian Inspectorate considers that a video recording provided by the IBAC is no longer necessary for the purpose of reviewing the video recording in accordance with this section, the Victorian Inspectorate may— -- 199 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 192 Authorised by the Chief Parliamentary Counsel (a) return the video recording to the IBAC; or (b) destroy the video recording.". 134 New section 41A inserted After section 41 of the Victorian Inspectorate Act 2011 insert— "41A Review of notices etc. provided by the Auditor-General (1) The Victorian Inspectorate may review the following provided to the Victorian Inspectorate by the Auditor-General under the specified sections of the Audit Act 1994— (a) a copy of an audio or video recording and any transcript of a compulsory attendance provided under section 37(6) of that Act; (b) a written report on the issue of an information gathering notice given under section 39 of that Act; (c) a written report on the issue of an entry notice given under section 51 of that Act. (2) A review of a matter under subsection (1) must assess— (a) whether the requirements under the Audit Act 1994 relating to that matter have been complied with; and (b) where the Auditor-General has required a person to produce documents for the purposes of an audit—whether the requirement may reasonably be considered as assisting the Auditor- General to achieve the purposes of the -- 200 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 193 Authorised by the Chief Parliamentary Counsel audit to which the requirement relates; and (c) where the matter relates to the questioning of a person appearing personally before the Auditor- General—whether the questioning may reasonably be considered as assisting the Auditor-General to achieve the purposes of the audit to which the appearance relates. (3) If the Victorian Inspectorate considers that an audio or video recording provided by the Auditor-General is no longer necessary for the purpose of reviewing the audio or video recording in accordance with this section, the Victorian Inspectorate may— (a) return the audio or video recording to the Auditor-General; or (b) destroy the audio or video recording.". 135 New section 42AA inserted After section 42 of the Victorian Inspectorate Act 2011 insert— "42AA Review of notices etc. provided by the Ombudsman (1) The Victorian Inspectorate may review the following provided to the Victorian Inspectorate by the Ombudsman under the specified sections of the Ombudsman Act 1973— (a) a complaint or referred matter that appears to involve misconduct, or a matter related to that misconduct, notified under section 16F of that Act; -- 201 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 194 Authorised by the Chief Parliamentary Counsel (b) a written report on the issue of a witness summons given under section 18D of that Act; (c) a direction by the Ombudsman in relation to a specified Australian legal practitioner informed in writing under section 18M(6) of that Act; (d) a copy of an audio or video recording and any transcript of an appearance provided under section 18Q(7) of that Act; (e) a copy of a confidentiality notice or associated notice, application or order provided under section 26E of that Act. (2) A review of a matter under subsection (1) must assess— (a) whether the requirements under the Ombudsman Act 1973 relating to that matter have been complied with; and (b) where the Ombudsman has required a person to produce documents or things for the purposes of an investigation— whether the requirement may reasonably be considered as assisting the Ombudsman to achieve the purposes of the investigation; and (c) where the matter relates to the questioning of a person attending before the Ombudsman—whether the questioning may reasonably be considered as assisting the Ombudsman to achieve the purposes of the investigation to which the attendance relates. -- 202 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 195 Authorised by the Chief Parliamentary Counsel (3) If the Victorian Inspectorate considers that an audio or video recording provided by the Ombudsman is no longer necessary for the purpose of reviewing the audio or video recording in accordance with this section, the Victorian Inspectorate may— (a) return the audio or video recording to the Ombudsman; or (b) destroy the audio or video recording.". 136 New Part 5B inserted After section 42A of the Victorian Inspectorate Act 2011 insert— "Part 5B—Matters to be reported to the Victorian Inspectorate by other persons and bodies 42B Review of notices etc. provided by the Chief Examiner (1) The Victorian Inspectorate may review the following provided to the Victorian Inspectorate by the Chief Examiner under the specified sections of the Major Crime (Investigative Powers) Act 2004— (a) a written report on the issue of a witness summons or the making of an order under section 18 of that Act given under section 52 of that Act; (b) a written report on an examination by the Chief Examiner given under section 53(1) of that Act; (c) a copy of a video-recording and any transcript of an examination included in a report of an examination under section 53(2) of that Act. -- 203 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 196 Authorised by the Chief Parliamentary Counsel (2) A review of a matter under subsection (1) must assess— (a) whether the requirements under the Major Crime (Investigative Powers) Act 2004 relating to that matter have been complied with; and (b) where the Chief Examiner has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered as assisting the Chief Examiner to achieve the purposes of the investigation; and (c) where the matter relates to the questioning of a person attending an examination—whether the questioning may reasonably be considered as assisting the Chief Examiner to achieve the purposes of the investigation to which the examination relates. (3) If the Victorian Inspectorate considers that a video-recording provided by the Chief Examiner is no longer necessary for the purpose of reviewing the video-recording in accordance with this section, the Victorian Inspectorate may— (a) return the video-recording to the Chief Examiner; or (b) destroy the video-recording. 42C Review of notices etc. provided by the Information Commissioner (1) The Victorian Inspectorate may review the following provided to the Victorian Inspectorate by the Information Commissioner under the specified sections of the Freedom of Information Act 1982 -- 204 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 197 Authorised by the Chief Parliamentary Counsel and the Privacy and Data Protection Act 2014— (a) a written report on the issue of a notice to produce or attend given under section 61ZD of the Freedom of Information Act 1982; (b) a copy of an audio or video recording and any transcript of an examination given under section 61ZH of the Freedom of Information Act 1982; (c) a written report on the issue of a notice to produce or attend given under section 83D of the Privacy and Data Protection Act 2014; (d) a copy of an audio or video recording and any transcript of an examination given under section 83GA of the Privacy and Data Protection Act 2014. (2) A review of a matter under subsection (1) must assess— (a) whether the requirements under the Freedom of Information Act 1982 or the Privacy and Data Protection Act 2014 (as the case may be) relating to that matter have been complied with; and (b) where the Information Commissioner has required a person to produce documents or things for the purposes of an investigation or for the dealing of a complaint—whether the requirement may reasonably be considered as assisting the Information Commissioner to achieve the purposes of the -- 205 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 198 Authorised by the Chief Parliamentary Counsel investigation or the dealing with of the complaint; and (c) where the matter relates to the questioning of a person attending an examination—whether the questioning may reasonably be considered as assisting the Information Commissioner to achieve the purposes of the investigation, the review or the dealing with of the complaint to which the examination relates. (3) If the Victorian Inspectorate considers that an audio or video recording provided by the Information Commissioner is no longer necessary for the purpose of reviewing the audio or video recording in accordance with this section, the Victorian Inspectorate may— (a) return the audio or video recording to the Information Commissioner; or (b) destroy the audio or video recording.". 137 Complaints For section 43(9)(b) of the Victorian Inspectorate Act 2011 substitute— "(b) the compliance with procedural fairness requirements in— (i) the exercise, or purported exercise, of coercive powers under the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014; and (ii) the conduct of investigations under Part VIB of the Freedom of Information Act 1982; and -- 206 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 199 Authorised by the Chief Parliamentary Counsel (iii) the making of recommendations under section 61L of the Freedom of Information Act 1982; and (iv) the making of investigation reports under section 61Q of the Freedom of Information Act 1982; and (v) the making of compliance notices under Part 3 of the Privacy and Data Protection Act 2014.". 138 New section 43A inserted After section 43 of the Victorian Inspectorate Act 2011 insert— "43A Form of complaint (1) The Victorian Inspectorate may refuse to consider a complaint unless— (a) the complaint is made to the Victorian Inspectorate in writing; or (b) the complainant complies with a requirement made under subsection (2). (2) If a complaint to the Victorian Inspectorate is not made in writing, the Victorian Inspectorate may require the complainant to provide a written statement in the form (if any) specified by the Victorian Inspectorate— (a) confirming that the complainant wants the Victorian Inspectorate to consider the complaint; and (b) specifying the details of the complaint.". -- 207 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 200 Authorised by the Chief Parliamentary Counsel 139 Own motion investigation For section 46(5)(b) and (c) of the Victorian Inspectorate Act 2011 substitute— "(b) the compliance with procedural fairness requirements in— (i) the exercise, or purported exercise, of coercive powers under the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014; and (ii) the conduct of investigations under Part VIB of the Freedom of Information Act 1982; and (iii) the making of recommendations under section 61L of the Freedom of Information Act 1982; and (iv) the making of investigation reports under section 61Q of the Freedom of Information Act 1982; and (v) the making of compliance notices under Part 3 of the Privacy and Data Protection Act 2014.". 140 Divisions 2 and 3 do not apply In section 48D of the Victorian Inspectorate Act 2011, after "Divisions 2 and 3" insert "of this Part". 141 Matters to be included in annual report For section 91(1)(q)(ii) and (iii) of the Victorian Inspectorate Act 2011 substitute— "(ii) compliance with procedural fairness requirements by officers of the Office of the Victorian Information Commissioner in— -- 208 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 201 Authorised by the Chief Parliamentary Counsel (A) the exercise, or purported exercise, of coercive powers under the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014; and (B) the conduct of investigations under Part VIB of the Freedom of Information Act 1982; and (C) the making of recommendations under section 61L of the Freedom of Information Act 1982; and (D) the making of investigation reports under section 61Q of the Freedom of Information Act 1982; and (E) the making of compliance notices under Part 3 of the Privacy and Data Protection Act 2014;". Division 3—Amendment of Freedom of Information Act 1982 142 Tabling of report in Parliament After section 61T(4) of the Freedom of Information Act 1982 insert— "(5) If the Information Commissioner proposes to transmit a report to the Parliament under this section, the Information Commissioner must give an advance copy of the report to— (a) the Minister; and (b) the Secretary to the Department of Premier and Cabinet. (6) The copy of the report must be given at least one business day before— (a) if subsection (3) applies—the report is given to the clerk of each House of the Parliament; or -- 209 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 202 Authorised by the Chief Parliamentary Counsel (b) otherwise—the report is due to be transmitted to the Parliament. (7) The Information Commissioner is not required to give an advance copy of the report under subsection (5) if the Information Commissioner considers that in all the circumstances it would be inappropriate to do so.". 143 Reporting by Information Commissioner After section 64(5) of the Freedom of Information Act 1982 insert— "(6) At least one business day before the Information Commissioner transmits the annual report to the Parliament under subsection (5), the Information Commissioner must give an advance copy of the annual report to— (a) the Minister; and (b) the Secretary to the Department of Premier and Cabinet.". 144 New section 61ZH inserted After section 61ZG of the Freedom of Information Act 1982 insert— "61ZH Audio or video recording of examination (1) This section applies if a person is required under this Part to attend an examination before the Information Commissioner. (2) The Information Commissioner must ensure that an audio or video recording of the examination is made. (3) Subject to subsection (4), evidence of anything said by the person during the examination is inadmissible as evidence -- 210 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 203 Authorised by the Chief Parliamentary Counsel against any person in any proceeding before a court or tribunal unless— (a) an audio or video recording of the examination is made; and (b) the audio or video recording is available to be tendered in evidence. (4) A court may admit evidence of anything said by the person during the examination that is otherwise inadmissible because of subsection (3) if the court is satisfied that there are exceptional circumstances that justify the admission of the evidence. (5) Unless the Information Commissioner considers on reasonable grounds that doing so may prejudice an investigation under this Act, the Information Commissioner must provide the person attending the examination with a copy of— (a) the audio or video recording; and (b) any transcript created. (6) If the Information Commissioner determines not to provide the person with a copy of the audio or video recording and any transcript in accordance with subsection (5), the Information Commissioner must allow the person to listen to or view the recording of the person's evidence at the premises of the Information Commissioner at any reasonable time. (7) As soon as possible after the examination, the Information Commissioner must provide the Victorian Inspectorate with a copy of the audio or video recording and any transcript of the examination.". -- 211 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 204 Authorised by the Chief Parliamentary Counsel Division 4—Amendment of Privacy and Data Protection Act 2014 145 New section 83GA inserted After section 83G of the Privacy and Data Protection Act 2014 insert— "83GA Audio or video recording of examination (1) This section applies if a person is required under this Part to attend an examination before the Information Commissioner. (2) The Information Commissioner must ensure that an audio or video recording of the examination is made. (3) Subject to subsection (4), evidence of anything said by the person during the examination is inadmissible as evidence against any person in any proceeding before a court or tribunal unless— (a) an audio or video recording of the examination is made; and (b) the audio or video recording is available to be tendered in evidence. (4) A court may admit evidence of anything said by the person during the examination that is otherwise inadmissible because of subsection (3) if the court is satisfied that there are exceptional circumstances that justify the admission of the evidence. (5) Unless the Information Commissioner considers on reasonable grounds that doing so may prejudice the dealing of a complaint under this Act, the Information Commissioner must provide the person attending the examination with a copy of— -- 212 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 205 Authorised by the Chief Parliamentary Counsel (a) the audio or video recording; and (b) any transcript created. (6) If the Information Commissioner determines not to provide the person with a copy of the audio or video recording and any transcript in accordance with subsection (5), the Information Commissioner must allow the person to listen to or view the recording of the person's evidence at the premises of the Information Commissioner at any reasonable time. (7) As soon as possible after the examination, the Information Commissioner must provide the Victorian Inspectorate with a copy of the audio or video recording and any transcript of the examination.". Division 5—Amendment of Public Interest Monitor Act 2011 146 Confidentiality For section 17(2) of the Public Interest Monitor Act 2011 substitute— "(2) Subsection (1) does not apply to the disclosure of information, other than lawfully intercepted information the disclosure of which is prohibited by section 63 of the Telecommunications (Interception and Access) Act 1979 of the Commonwealth, by a Public Interest Monitor— (a) in the performance of their functions as a Public Interest Monitor, including the disclosure of information— -- 213 of 316 -- Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 206 Authorised by the Chief Parliamentary Counsel (i) to a person assisting the Public Interest Monitor in the performance of their functions; or (ii) to another Public Interest Monitor; or (iii) to an Australian legal practitioner for the purpose of obtaining legal advice; or (b) to the Victorian Inspectorate to assist it in the performance of its functions under section 11(2)(g) and (h) of the Victorian Inspectorate Act 2011.". -- 214 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 207 Authorised by the Chief Parliamentary Counsel Part 4—Ombudsman Act 1973— general amendments 147 Definitions (1) In section 2(1) of the Ombudsman Act 1973 insert the following definition— "public body means— (a) a body that is performing a public function on behalf of the State or an authority (whether under a contract or otherwise); or (b) a public statutory body;". (2) In section 2(1) of the Ombudsman Act 1973, after paragraph (ba) in the definition of authority insert— "(bb) a public body;". (3) In section 2(1) of the Ombudsman Act 1973, in the definition of principal officer— (a) after paragraph (c) insert— "(ca) in relation to a public statutory body, the chairperson or presiding member of the public statutory body;"; (b) for paragraph (f) substitute— "(f) in relation to a person or body prescribed to be a public interest disclosure entity, the person prescribed as the principal officer for that person or body;". (4) In section 2(1) of the Ombudsman Act 1973, for paragraph (e) of the definition of public interest disclosure entity substitute— "(e) a prescribed person or body;". -- 215 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 208 Authorised by the Chief Parliamentary Counsel (5) In section 2(1) of the Ombudsman Act 1973, in the definition of responsible Minister— (a) after paragraph (c) insert— "(ca) in relation to a public statutory body— (i) in the case of a public statutory body that is established by or under an Act—the Minister administrating the provision of the Act under which the public statutory body is constituted or established; or (ii) in any other case—the Minister responsible for the public statutory body;"; (b) in paragraph (g)— (i) for "a person or body prescribed by Rules of Parliament made under this Act" substitute "a prescribed person or body"; (ii) omit "by the Rules". (6) In section 2(1) of the Ombudsman Act 1973, for the definition of witness summons substitute— "witness summons means a summons issued by the Ombudsman under section 18(1);". (7) After section 2(2) of the Ombudsman Act 1973 insert— "(2A) For the purposes of the definition public body in subsection (1), in determining whether a body is performing a public function, any of the following factors may be taken into account— (a) whether the function is conferred on the body or person by or under a statutory provision; -- 216 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 209 Authorised by the Chief Parliamentary Counsel (b) whether the function is of a regulatory nature; (c) whether the body is publicly funded to perform the function. (2B) To avoid doubt— (a) the factors listed in subsection (2A) are not exhaustive of the factors that may be taken into account in determining whether a body is performing a public function; and (b) the fact that one or more of the factors set out in subsection (2A) are present in relation to a function does not necessarily mean that function is a public function.". 148 New section 2A inserted After section 2 of the Ombudsman Act 1973 insert— "2A Objectives The objectives of this Act are— (a) to provide a timely, efficient, effective, flexible and independent means of resolving complaints about administrative action of authorities; and (b) to provide for the identification, investigation, exposure and prevention of maladministration; and (c) to assist in the identification, investigation, exposure and prevention of improper conduct and corrupt conduct; and -- 217 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 210 Authorised by the Chief Parliamentary Counsel (d) to assist in improving the quality of administration and complaint handling practices and procedures of authorities; and (e) to facilitate the education of the Victorian community and the public sector about matters relating to the functions of the Ombudsman.". 149 Section 13 substituted For section 13 of the Ombudsman Act 1973 substitute— "13 Principal functions of the Ombudsman (1) The principal functions of the Ombudsman are— (a) to resolve complaints about administrative action taken by or in an authority, other than administrative action that— (i) appears to involve corrupt conduct (unless it is an administrative action referred to in paragraph (c)); or (ii) is taken under the Freedom of Information Act 1982; and (b) to enquire into or investigate administrative action referred to in paragraph (a); and (c) to enquire into or investigate administrative action taken by or in an authority that appears to involve corrupt conduct on a referral from the IBAC under Division 5 of Part 3 of the Independent Broad-based Anti-corruption Commission Act 2011; and -- 218 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 211 Authorised by the Chief Parliamentary Counsel (d) to investigate public interest complaints about conduct by or in an authority or a public interest disclosure entity. (2) The functions of the Ombudsman under subsection (1)(b) and (c) include the function to enquire into or investigate— (a) whether the relevant administrative action is incompatible with a human right set out in the Charter of Human Rights and Responsibilities Act 2006; and (b) if the administrative action involves a decision, whether there was a failure to give proper consideration to a relevant human right set out in the Charter of Human Rights and Responsibilities Act 2006. (3) Without limiting the Ombudsman's principal functions under this section, the Ombudsman may enquire into or investigate administrative action that is taken by a person or body (other than an authority or an exempt person or body)— (a) on behalf of an authority; or (b) under a power or function that is conferred on the person or body by an authority; or (c) as a result of instructions given by an authority. (4) Nothing under this section authorises the Ombudsman to enquire into or investigate the merits of a decision made by a person or body referred to in subsection (3).". -- 219 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 212 Authorised by the Chief Parliamentary Counsel 150 Section 13AAA repealed Section 13AAA of the Ombudsman Act 1973 is repealed. 151 Section 13AA substituted For section 13AA of the Ombudsman Act 1973 substitute— "13AA Other functions of the Ombudsman (1) In addition to the principal functions of the Ombudsman under section 13(1), the Ombudsman has the following functions— (a) to review the complaint practices and procedures of authorities; (b) to provide education and training to the Victorian community and the public sector about matters relating to the functions of the Ombudsman; (c) to promote improved public sector administration; (d) any other function conferred by or under this Act or any other Act. (2) To avoid doubt, nothing in this Act authorises or requires the Ombudsman to enquire into or investigate anything done or omitted to be done by an exempt person or body.". 152 Conducting of enquiries After section 13A(3) of the Ombudsman Act 1973 insert— "(4) A person who is under the age of 16 years but of or over the age of 10 years may voluntarily provide information to the Ombudsman during an enquiry.". -- 220 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 213 Authorised by the Chief Parliamentary Counsel 153 New Parts IIIAB and IIIAC inserted After Part IIIA of the Ombudsman Act 1973 insert— "Part IIIAB—Review of complaint practices and procedures 13C Application of Part (1) This Part does not apply to complaint practices and procedures of an authority taken under the Freedom of Information Act 1982. (2) This Part does not apply to the complaint practices and procedures and complaint functions of the Information Commissioner. 13D Review of complaint practices and procedures of an authority (1) The Ombudsman may conduct a review of the complaint practices and procedures of an authority— (a) on the Ombudsman's own motion; or (b) in response to a complaint. (2) After conducting the review, the Ombudsman may, for the purpose of improving the complaint practices and procedures of the authority— (a) make recommendations to the authority; and (b) provide education and training or other assistance to the authority. (3) The principal officer of the authority must assist the Ombudsman in the conduct of the review. -- 221 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 214 Authorised by the Chief Parliamentary Counsel (4) The powers of the Ombudsman under Division 3 of Part IV do not apply to the review. (5) A review under this section does not prevent the Ombudsman from conducting an own motion investigation in relation to the complaint practices and procedures of an authority. Part IIIAC—Alternative dispute resolution of complaints 13E Definition In this Part, alternative dispute resolution includes conciliation and mediation. 13F Application of Part This Part does not apply to— (a) a public interest complaint; or (b) a parliamentary complaint under section 16; or (c) a complaint referred to the Ombudsman by IBAC under section 73 of the Independent Broad-based Anti- corruption Commission Act 2011 where the conduct that is the subject matter of the complaint appears to involve corrupt conduct. 13G Alternative dispute resolution of complaints (1) The Ombudsman or a member of Ombudsman staff authorised to do so by the Ombudsman may, at any time, as part of an enquiry or an investigation of a complaint under section 15B, attempt to resolve the -- 222 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 215 Authorised by the Chief Parliamentary Counsel complaint by alternative dispute resolution in accordance with this Part. (2) The Ombudsman may authorise a conciliator or a mediator to mediate or conciliate the complaint under this Part. (3) Alternative dispute resolution must be conducted in private and in a manner that the Ombudsman thinks fit. (4) Participation by a party in alternative dispute resolution is voluntary and any party may withdraw from the alternative dispute resolution at any time. (5) A person who is under the age of 16 years but of or over the age of 10 years and accompanied by a parent or guardian or independent person may voluntarily participate in alternative dispute resolution. (6) The powers of the Ombudsman under Division 3 of Part IV do not apply to alternative dispute resolution conducted under this Part. (7) The Ombudsman or a member of Ombudsman staff may terminate alternative dispute resolution at any time. (8) The principal officer of an authority is not required to assist the Ombudsman or a member of Ombudsman staff during alternative dispute resolution however the principal officer may voluntarily participate in the alternative dispute resolution. (9) Any information provided or anything done by a party during alternative dispute resolution under this Part is not admissible in evidence in any proceeding before a court or tribunal where the proceeding relates to the subject matter of the complaint. -- 223 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 216 Authorised by the Chief Parliamentary Counsel (10) For the purposes of this section, an independent person is— (a) a person nominated by, or who is acceptable to, the person referred to in subsection (5); or (b) if no person has been nominated by, or is acceptable to, the person referred to in subsection (5), a person chosen by the Ombudsman who— (i) is not involved in the subject matter of the enquiry or investigation; and (ii) where practicable, is— (A) involved in the care or supervision of the person referred to in subsection (5); and (B) of the same gender as the person referred to in subsection (5) or, if the person identifies as being of a particular gender, of that gender. 13H Outcome of alternative dispute resolution (1) If the Ombudsman considers that a complaint is resolved by alternative dispute resolution under this Part, the Ombudsman may decide that the complaint is resolved informally under this Act. (2) If the Ombudsman considers that a complaint is unable to be resolved by alternative dispute resolution under this Part— -- 224 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 217 Authorised by the Chief Parliamentary Counsel (a) the Ombudsman may decide that the complaint is to be treated as if the alternative dispute resolution did not occur; and (b) the Ombudsman may decide— (i) to conduct or to continue conducting enquiries on the complaint under section 13A; or (ii) to discontinue conducting enquiries on the complaint under section 13A; or (iii) not to deal with the complaint in accordance with section 15 or 15A; or (iv) to refer the complaint under section 16I or 16IA; or (v) to conduct or to continue conducting an investigation on the complaint under section 15B; or (vi) to discontinue conducting an investigation on the complaint under section 15B. (3) If the Ombudsman decides to conduct or continue conducting an enquiry under section 13A or to conduct or continue conducting an investigation under section 15B, the Ombudsman must not, without the consent of the parties to the alternative dispute resolution— (a) use in the enquiry or the investigation information obtained during the alternative dispute resolution; or -- 225 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 218 Authorised by the Chief Parliamentary Counsel (b) involve in the conduct of the enquiry or the investigation any member of Ombudsman staff who was involved in the alternative dispute resolution.". 154 Ombudsman may refuse to deal with certain complaints After section 15A(1)(c) of the Ombudsman Act 1973 insert— "(ca) that dealing, or continuing to deal with the complaint is unnecessary or unjustifiable, having regard to all the circumstances of the case; or". 155 Notification to IBAC (1) In section 16E(2) of the Ombudsman Act 1973, for "inform the complainant in writing" substitute "advise the complainant that the complaint has been notified to the IBAC for assessment". (2) In section 16E(3) of the Ombudsman Act 1973, for "This section" substitute "Subsection (1)". (3) In section 16E(4) of the Ombudsman Act 1973, after "corrupt conduct" insert "that the IBAC may not be aware of". (4) After section 16E(4) of the Ombudsman Act 1973 insert— "(4A) The Ombudsman must notify the IBAC under this section in the form agreed to in writing between the Ombudsman and the IBAC.". 156 Notification to Victorian Inspectorate After section 16F(3) of the Ombudsman Act 1973 insert— "(4) The Ombudsman must notify the Victorian Inspectorate under subsection (1) in the form agreed to in writing between the -- 226 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 219 Authorised by the Chief Parliamentary Counsel Ombudsman and the Victorian Inspectorate.". 157 Notification to Information Commissioner In section 16G(2) of the Ombudsman Act 1973, for "inform the complainant in writing" substitute "advise the complainant that the complaint has been notified to the Information Commissioner to be dealt with under Part VIA of the Freedom of Information Act 1982". 158 Application of Division At the end of section 16H of the Ombudsman Act 1973 insert— "(2) In this Division, a reference to a complaint is not limited to a complaint under section 14.". 159 New section 16IA inserted After section 16I of the Ombudsman Act 1973 insert— "16IA Ombudsman may refer a complaint to an authority The Ombudsman may refer a complaint to an authority to which the complaint relates if— (a) the Ombudsman considers that— (i) the complaint is relevant to the functions of the authority; and (ii) it would be more appropriate for the complaint to be dealt with by the authority rather than by the Ombudsman; and (b) the complainant consents to the referral.". -- 227 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 220 Authorised by the Chief Parliamentary Counsel 160 Notice of referral In section 16J of the Ombudsman Act 1973— (a) after "section 16I" insert "or 16IA"; (b) for paragraph (a) substitute— "(a) must advise the complainant that the complaint has been referred to the person or body; and". 161 Division 2E of Part IV repealed Division 2E of Part IV of the Ombudsman Act 1973 is repealed. 162 Procedure relating to investigations (1) In section 17(3) of the Ombudsman Act 1973, for "Subject to any Rules of Parliament under this Act the" substitute "The". (2) In section 17(7) of the Ombudsman Act 1973 omit "and any Rules of Parliament made under this Act". 163 New sections 18 and 18A to 18G substituted— new sections 18H to 18S inserted For sections 18, 18A, 18B, 18C, 18D, 18E, 18F and 18G of the Ombudsman Act 1973 substitute— "18 Witness summons (1) For the purposes of an investigation under this Act, the Ombudsman may issue a witness summons to a person requiring the person to— (a) attend at a specified time and place on a specified date to produce documents or other things to the Ombudsman; or -- 228 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 221 Authorised by the Chief Parliamentary Counsel (b) attend at a specified time and place on a specified date to give evidence before the Ombudsman; or (c) attend at a specified time and place on a specified date before the Ombudsman, to give evidence and to produce documents or other things. (2) A witness summons issued by the Ombudsman must— (a) be in the prescribed form; and (b) unless subsection (3) applies, if the witness summons requires the person to whom it is directed to give evidence— state the nature of the matters about which the person is required to give evidence; and (c) include— (i) a statement that failure to comply with the witness summons without reasonable excuse may be an offence to which penalties apply; and (ii) a reference to section 18B(2) and (3) as examples of what may constitute a reasonable excuse for failing to comply with the witness summons; and (iii) a statement of how the person may object to the witness summons; and (iv) any other prescribed matter; and (d) be served in accordance with section 18A. -- 229 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 222 Authorised by the Chief Parliamentary Counsel (3) The Ombudsman is not required to state the nature of the matters about which a person is to give evidence if the Ombudsman considers on reasonable grounds that doing so may— (a) prejudice the conduct of the investigation to which the witness summons relates; or (b) be contrary to the public interest. (4) A person whose attendance has been required by a witness summons served under this section is required to attend at the time and place to which the investigation is adjourned or postponed without the issue or service of a further witness summons. 18A Service of witness summons (1) A witness summons must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the witness summons. (2) A witness summons directed to a natural person must be served by giving a copy of the witness summons to the person personally. (3) A witness summons directed to a body corporate must be served by leaving a copy of the witness summons at the registered office or principal place of business of the body corporate with a person who, apparently— (a) is employed at that office or place; and (b) is at least 18 years of age. -- 230 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 223 Authorised by the Chief Parliamentary Counsel 18B Variation or revocation of witness summons (1) A person on whom a witness summons is served may make a claim to the Ombudsman— (a) that the person has a reasonable excuse for failing to comply with the witness summons; or (b) in the case of a witness summons to produce a document or other thing— that the document or other thing specified in the witness summons is not relevant to the subject matter of the investigation. (2) Without limiting subsection (1)(a), it is a reasonable excuse for a natural person to fail to comply with a witness summons by refusing to give information to the Ombudsman if the information might tend to incriminate the person or make the person liable to a penalty in relation to— (a) a proceeding for an offence with which the person has been charged and that has not been finally disposed of; or (b) a proceeding for the imposition or recovery of a penalty that has been commenced against the person but not finally disposed of. (3) Without limiting subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a witness summons if the person provides proof of age to the Ombudsman in accordance with section 18E(2). -- 231 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 224 Authorised by the Chief Parliamentary Counsel (4) If the Ombudsman is satisfied that the person's claim is made out, the Ombudsman, by further written notice served on the person, may vary or revoke the witness summons. (5) The Ombudsman, by further written notice served on a person, may at any time on the Ombudsman's own initiative vary or revoke a witness summons served on the person. (6) A notice varying or revoking a witness summons must be served in accordance with section 18A. 18C Supreme Court may order service by other means (1) If it appears that it is not reasonably practicable to serve a witness summons in accordance with section 18A, the Ombudsman may apply to the Supreme Court for an order that the witness summons be served by another means. (2) On an application under subsection (1), if the Supreme Court is satisfied that it is not reasonably practicable to serve a witness summons in accordance with section 18A, the Court may— (a) order that the witness summons be served by any other means the Court considers appropriate; or (b) make an order for substituted service. 18D Ombudsman to report to Victorian Inspectorate on issue of witness summons Within 3 days after the issue of a witness summons, the Ombudsman must give a written report to the Victorian Inspectorate specifying— -- 232 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 225 Authorised by the Chief Parliamentary Counsel (a) the name of the person summoned; and (b) the reasons why the summons was issued. 18E Witness summons directed to person under 16 years (1) A witness summons directed to a person under the age of 16 years at the date of issue of the witness summons has no effect. (2) A person who claims to be under the age of 16 years at the date of issue of a witness summons directed to the person must provide proof of age to the Ombudsman. 18F Power to take evidence on oath or affirmation (1) This section applies to a compulsory appearance or a voluntary appearance. (2) The Ombudsman may require a person attending an investigation of the Ombudsman, whether in accordance with a witness summons or otherwise, to give evidence or answer questions on oath or affirmation. (3) The Ombudsman, or a member of the Ombudsman's staff who is authorised to do so by the Ombudsman, may administer an oath or affirmation to a person for the purposes of subsection (2). (4) This section does not apply to a voluntary appearance of a child witness under section 18O. -- 233 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 226 Authorised by the Chief Parliamentary Counsel 18G Offence to fail to comply with a witness summons A person who is duly served with a witness summons must not, without reasonable excuse, refuse or fail to comply with the witness summons. Penalty: 240 penalty units or imprisonment for 2 years. Note See also section 72 of the Criminal Procedure Act 2009 which deals with the evidential burden of proof. 18H Offence to fail to take oath, make affirmation or answer question (1) A person who is duly served with a witness summons under section 18(1) must not, without reasonable excuse— (a) refuse or fail to take an oath or make an affirmation when required to do so; or (b) refuse or fail to answer a question that the person is required to answer by the Ombudsman. Penalty: 240 penalty units or imprisonment for 2 years. Note See also section 72 of the Criminal Procedure Act 2009 which deals with the evidential burden of proof. (2) A person does not commit an offence against subsection (1) unless, before the person is required to take the oath or make the affirmation or answer the question, the Ombudsman informs the person that refusal or failure to do so without reasonable excuse is an offence. -- 234 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 227 Authorised by the Chief Parliamentary Counsel 18I Failure to comply with witness summons (1) The Ombudsman may apply to the Supreme Court for an order under subsection (2), if the Ombudsman is satisfied that a person has, without reasonable excuse, failed to comply with a witness summons or a requirement under section 18F. (2) On an application under subsection (1), the Supreme Court may order the person to comply with the witness summons or the requirement within the period specified by the Court. 18J Ombudsman may take statutory declaration For the purposes of an investigation under this Act, the Ombudsman may take a statutory declaration from— (a) a person appearing at a compulsory appearance or a voluntary appearance; or (b) any other person. 18K Privileges in relation to witness summons and investigations (1) Any provision of another enactment or any rule of law that— (a) prohibits the disclosure of information or production of a document or other thing by a person in the service of the Crown, an authority or a public interest disclosure entity; or (b) imposes an obligation to maintain secrecy on a person in the service of the Crown, an authority or a public interest disclosure entity; or -- 235 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 228 Authorised by the Chief Parliamentary Counsel (c) imposes a duty of confidentiality in relation to the disclosure of information or production of a document or other thing— does not apply to the disclosure of information or production of a document or other thing for the purposes of an investigation under this Act or a witness summons. (2) The Crown is not entitled to assert any privilege in relation to a requirement to produce a document or other thing or to give information in relation to an investigation under this Act or a witness summons. (3) Any privilege referred to in subsection (2) is abrogated. (4) A person is not, in relation to an investigation under this Act or a witness summons, entitled to the privilege provided for in Division 1C of Part 3.10 of the Evidence Act 2008. (5) Subject to subsections (1), (2), (3) and (4), a person must not be compelled to produce any document or other thing or to give any evidence for the purposes of an investigation under this Act or a witness summons which the person could not be compelled to produce or give in a proceeding before a court. 18L Offence for employers to take detrimental action against employees (1) An employer must not dismiss or threaten to dismiss an employee or take or threaten to take any other detrimental action against an employee because, or in the belief that, the -- 236 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 229 Authorised by the Chief Parliamentary Counsel employee has given information to the office of the Ombudsman. Penalty: 120 penalty units or imprisonment for 12 months. (2) It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in subsection (1) was not a reason for the dismissal or other detrimental action. (3) Subsection (1) does not apply if an employer dismisses or threatens to dismiss an employee or takes or threatens to take any other detrimental action against an employee because the employee unlawfully gave information to the office of the Ombudsman. 18M Legal advice and representation (1) A person may seek legal advice from, and be represented by, a legal practitioner in relation to— (a) an enquiry or investigation conducted by the Ombudsman under this Act; and (b) the person's rights, liabilities, obligations and privileges under this Act or the Public Interest Disclosures Act 2012. (2) Without limiting subsection (1) but subject to subsection (3), a person may seek legal advice from, and be represented by, a legal practitioner in relation to— (a) the issue of a witness summons directed to the person; or (b) a compulsory appearance or a voluntary appearance by the person; or -- 237 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 230 Authorised by the Chief Parliamentary Counsel (c) a proposed report, or draft or part of a proposed report, under this Act received by the person. (3) The Ombudsman may direct a person in writing not to seek legal advice or representation from a specified legal practitioner in relation to any or all of the matters referred to in subsection (2) if the Ombudsman considers on reasonable grounds that the enquiry or investigation to which the matter relates may be prejudiced because the legal practitioner is— (a) appearing at a compulsory appearance; or (b) representing another person who is appearing at a compulsory appearance; or (c) involved, or suspected of being involved, in a matter— (i) that is the subject of an enquiry or investigation by the Ombudsman under this Act; or (ii) that is being investigated by the IBAC or the Victorian Inspectorate; or (d) representing a person involved, or suspected of being involved, in a matter— (i) that is the subject of an enquiry or investigation by the Ombudsman under this Act; or (ii) that is being investigated by the IBAC or the Victorian Inspectorate. -- 238 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 231 Authorised by the Chief Parliamentary Counsel (4) A direction under subsection (3)— (a) may be given to a person at any time; and (b) takes effect at the time it is given to the person. (5) If the Ombudsman gives a direction to a person under subsection (3) in relation to the issue of a witness summons or a compulsory appearance, the Ombudsman must allow the person at least 3 days after the day the direction is given to obtain representation by another legal practitioner before requiring the person to comply with the witness summons or appear at the compulsory appearance. (6) Within 24 hours after giving a direction under subsection (3), the Ombudsman must inform the Victorian Inspectorate in writing of the direction and the reasons for giving it. 18N Advance notice for voluntary appearances (1) Within a reasonable time before a person makes a voluntary appearance, the Ombudsman must advise the person of the nature of the matters in respect of which the person is to be asked questions. (2) Despite subsection (1), the Ombudsman is not required to advise the person if the Ombudsman forms the opinion on reasonable grounds that this may prejudice the conduct of the investigation to which the appearance relates or may be contrary to the public interest. (3) To avoid doubt, the Ombudsman is not required to give reasons for forming the opinion referred to in subsection (2). -- 239 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 232 Authorised by the Chief Parliamentary Counsel 18O Voluntary appearance of person under age of 16 years but of or over 10 years (1) A person who is under the age of 16 years but of or over the age of 10 years (a child witness) may appear in an investigation by voluntary appearance. (2) Within a reasonable time before the voluntary appearance of a child witness, the Ombudsman must give the advice required under section 18N to— (a) the child witness; and (b) either— (i) a parent or guardian of the child witness; or (ii) an independent person if the Ombudsman— (A) is unable to advise a parent or guardian because the parent or the guardian is unable to be found or is unavailable; or (B) considers on reasonable grounds that to advise a parent or guardian would prejudice the conduct of the investigation or cause a risk to the safety of the child witness. (3) In addition, the Ombudsman must advise the child witness how the Ombudsman may use any information provided by the child witness during the appearance. -- 240 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 233 Authorised by the Chief Parliamentary Counsel (4) During the voluntary appearance by the child witness— (a) any answer given or any information, document or thing produced by the child witness; or (b) any evidence obtained as a direct or indirect consequence of an answer given or information, document or thing produced by the child witness— that might tend to incriminate the child witness or make the child witness liable to a penalty is not admissible in evidence against the child witness before any court or any person acting judicially. (5) For the purposes of this section, an independent person is— (a) a person nominated by, or who is acceptable to, the child witness; or (b) if no person has been nominated by, or is acceptable to, the child witness, a person chosen by the Ombudsman who— (i) is not involved in the subject matter of the investigation; and (ii) where practicable, is— (A) involved in the care or supervision of the child witness; and (B) of the same gender as the child witness or, if the child witness identifies as being of a particular gender, of that gender. -- 241 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 234 Authorised by the Chief Parliamentary Counsel 18P Further provisions relating to appearances (1) This section applies to a compulsory appearance and a voluntary appearance. (2) Before the person appearing is asked any questions or required to produce any document, the presiding officer must— (a) confirm the age of the person if the presiding officer considers that the person may be under the age of 18 years; and (b) release the person from the appearance if the person— (i) is under the age of 10 years; or (ii) in the case of a compulsory appearance—is under the age of 16 years; and (c) give the person a copy of the statement (if any) prescribed for the purposes of this subsection; and (d) inform a legal practitioner who is representing the person of— (i) any non-disclosure requirements that apply under this Act; and (ii) in the case of an investigation on a public interest complaint, the confidentiality requirements under Part 7 of the Public Interest Disclosures Act 2012; and -- 242 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 235 Authorised by the Chief Parliamentary Counsel (e) in the case of a voluntary appearance, inform the person that— (i) the person's participation is voluntary and the person may leave at any time; and (ii) the person cannot be compelled to answer any question or provide any document; and (f) take any other actions prescribed for the purposes of this subsection. (3) In an investigation on a public interest complaint, before the person appearing is asked any questions or required to produce any document, the presiding officer must— (a) advise the person that the person may be subject to further confidentiality obligations under Part 7 of the Public Interest Disclosures Act 2012; and (b) advise the person of the nature of those requirements. (4) The presiding officer must immediately release a person from an appearance if, at any time during the appearance, the presiding officer becomes aware that the person appearing— (a) is under the age of 10 years; or (b) in the case of a compulsory appearance—is under the age of 16 years. (5) The presiding officer must immediately release a person from a voluntary appearance if, at any time during the appearance, the person advises the presiding officer that the person— -- 243 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 236 Authorised by the Chief Parliamentary Counsel (a) wants to leave the appearance; or (b) does not want to answer a question; or (c) does not want to produce a document. (6) If, before the questioning commences or at any time during the appearance, the person appearing does not have sufficient knowledge of the English language to enable the person to understand questions asked or to answer those questions, the presiding officer must provide for a competent interpreter to be present. (7) If the person appearing is under the age of 18 years, the person must be accompanied by a parent, guardian or an independent person. (8) The presiding officer must direct that an independent person be present during the appearance if— (a) the presiding officer believes the person appearing has a mental impairment; or (b) the person appearing provides the presiding officer with reasonably satisfactory medical evidence that the person has a mental impairment. (9) The Ombudsman may, at the request of the person appearing, allow a person who is chosen by the person appearing to be present during the appearance for the purpose of providing support to the person appearing. (10) For the purposes of this section, an independent person is— (a) a person nominated by, or who is acceptable to, the person appearing; or -- 244 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 237 Authorised by the Chief Parliamentary Counsel (b) if no person has been nominated by, or is acceptable to, the person appearing, a person chosen by the Ombudsman who— (i) is not involved in the subject matter of the investigation; and (ii) in the case of a person appearing who is under the age of 18 years and where practicable, is— (A) involved in the care or supervision of the person appearing; and (B) of the same gender as the person appearing or, if the person appearing identifies as being of a particular gender, of that gender. 18Q Audio or video recording of compulsory appearances (1) This section applies to a compulsory appearance. (2) The presiding officer must ensure that an audio or video recording of the appearance is made. (3) Subject to subsection (4), evidence of anything said by the person appearing during the appearance is inadmissible as evidence against any person in any proceeding before a court or tribunal unless— (a) an audio or video recording of the appearance is made; and (b) the audio or video recording is available to be tendered in evidence. -- 245 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 238 Authorised by the Chief Parliamentary Counsel (4) A court may admit evidence of anything said by the person appearing during the appearance that is otherwise inadmissible because of subsection (3) if the court is satisfied that there are exceptional circumstances that justify the admission of the evidence. (5) Unless the Ombudsman considers on reasonable grounds that doing so may prejudice an investigation under this Act, the Ombudsman must provide the person appearing with a copy of— (a) the audio or video recording; and (b) any transcript created. (6) If the Ombudsman determines not to provide the person with a copy of the audio or video recording and any transcript in accordance with subsection (5), the Ombudsman must allow the person to listen to or view the recording of the person's evidence at the premises of the Ombudsman at any reasonable time. (7) As soon as possible after the appearance, the Ombudsman must provide the Victorian Inspectorate with a copy of the audio or video recording and any transcript of the appearance. 18R Protection of legal practitioners and witnesses at compulsory appearances (1) This section applies to a compulsory appearance. (2) A legal practitioner representing the person appearing or assisting the presiding officer at the appearance has the same protection and immunity as a legal practitioner has in -- 246 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 239 Authorised by the Chief Parliamentary Counsel representing a party in a proceeding in the Supreme Court. (3) The person appearing has the same protection and immunity as a witness has in a proceeding in the Supreme Court. 18S Service of documents (1) Any document (other than a witness summons or a confidentiality notice) under this Act or the regulations required or authorised to be given to or served on any person (other than a body corporate) may be served by— (a) giving it or serving it personally on the person; or (b) sending it by post or electronic communication to the person at that person's usual or last known place of residence or business; or (c) leaving it at that person's usual or last known place of residence with a person on the premises who is apparently at least 16 years old; or (d) leaving it at that person's usual or last known place of business with a person who is apparently employed at the premises and who is apparently at least 16 years old. (2) Any document under this Act or the regulations required or authorised to be given to or served on a body corporate may be served by— (a) giving it or serving it on the body corporate at the head office, registered office or principal office of the body corporate; or -- 247 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 240 Authorised by the Chief Parliamentary Counsel (b) sending it by post or electronic communication to the body corporate at the head office, registered office or principal office of the body corporate. (3) Subsection (2) is in addition to, and not in derogation from, sections 109X and 601CX of the Corporations Act.". 164 New section 25AAB inserted After section 25AA of the Ombudsman Act 1973 insert— "25AAB Advance copy of report to Minister and Secretary to the Department of Premier and Cabinet (1) The Ombudsman must provide a copy of a report to Parliament under section 23(6) or 25 to the Minister and the Secretary to the Department of Premier and Cabinet at least one business day before the report is transmitted to each House of Parliament under section 25AA. (2) The Ombudsman is not required to provide a copy of a report to the Secretary to the Department of Premier and Cabinet under subsection (1) if the Ombudsman has already provided the Secretary with the report under section 23(2) or (2A). (3) The Ombudsman is not required to provide a copy of a report to the Minister under subsection (1) if the Ombudsman has already provided the Minister with the report under section 23(2) or (2A). (4) The Ombudsman is not required to provide a copy of the report to the Minister and the Secretary to the Department of Premier and Cabinet under subsection (1) if the Ombudsman considers that in all the -- 248 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 241 Authorised by the Chief Parliamentary Counsel circumstances it would be inappropriate to do so.". 165 Persons who receive proposed or draft reports or information in them (1) In section 25B(1) of the Ombudsman Act 1973— (a) after "receives a" insert "copy of a report to Parliament under section 25AAB, a"; (b) after "contained in the" insert "copy of the report to Parliament, the". (2) After section 25B(3)(b) of the Ombudsman Act 1973 insert— "(ba) is made by the Secretary to the Department of Premier and Cabinet (who receives a copy of a report to Parliament under section 25AAB) to the Premier or the responsible Minister for the purpose of enabling the Premier or the responsible Minister to respond to the copy of the report; or". (3) In section 25B(3)(d) of the Ombudsman Act 1973, for "section 18C(3)" substitute "section 18M(3)". 166 Section 26 repealed Section 26 of the Ombudsman Act 1973 is repealed. 167 Unauthorised disclosure In section 26A(3) of the Ombudsman Act 1973, for "16L, 16M or 17" substitute "17, 26FB or 26FC". -- 249 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 242 Authorised by the Chief Parliamentary Counsel 168 Confidentiality notice In section 26C(2) of the Ombudsman Act 1973— (a) for paragraph (a) substitute— "(a) be in the prescribed form;"; (b) in paragraph (ca), before "include" insert "in the case of a confidentiality notice issued in respect of an investigation of a public interest complaint,". 169 Disclosure subject to confidentiality notice In section 26F(2)(c) of the Ombudsman Act 1973, for "section 18C(3)" substitute "section 18M(3)". 170 New Part VAB inserted After Part VA of the Ombudsman Act 1973 insert— "Part VAB—Information sharing 26FB Disclosure of information by the Ombudsman (1) At any time, the Ombudsman may provide or disclose any information received or obtained in the course of the performance of duties and functions or the exercise of powers by the Ombudsman under this Act to a person or body specified in subsection (3) if the Ombudsman considers that— (a) the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and -- 250 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 243 Authorised by the Chief Parliamentary Counsel (b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information. (2) Despite subsection (1), the Ombudsman must not provide or disclose any information to a person or body if— (a) the person or body, or an employee of the person or body, is the subject of an assessable disclosure; and (b) the information— (i) would be likely to lead to the identification of a person who made the assessable disclosure; and (ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. (3) For the purposes of subsection (1), the following persons and bodies are specified— (a) the IBAC; (b) the Victorian Inspectorate; (c) the Auditor-General; (d) Victoria Police; (e) the Director of Public Prosecutions; (f) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012; -- 251 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 244 Authorised by the Chief Parliamentary Counsel (g) the Chief Municipal Inspector appointed under section 223A of the Local Government Act 1989; (h) a municipal monitor appointed under section 223CA of the Local Government Act 1989; (i) the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013; (j) the Environment Protection Authority established under section 5 of the Environment Protection Act 1970; (k) the Racing Integrity Commissioner established under section 37A of the Racing Act 1958; (l) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth; (m) the police force or police service (however described) of another State or a Territory; (n) a responsible Minister of the Crown; (o) any authority or its principal officer; (p) a person or body to whom the Ombudsman has referred a complaint under section 16I or 16IA; (q) a prescribed person or body. (4) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act). -- 252 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 245 Authorised by the Chief Parliamentary Counsel (5) If— (a) a House of the Parliament has by resolution referred a report made by the Ombudsman to a Parliamentary Committee of that House to determine whether there has been a breach of parliamentary privilege or contempt of Parliament; and (b) the Parliamentary Committee requests the Ombudsman to provide or disclose any information received or obtained in the course of preparing the report which the Parliamentary Committee considers may be necessary to determine whether there has been a breach of parliamentary privilege or contempt of Parliament— the Ombudsman may at the Ombudsman's discretion comply with the request. (6) The Ombudsman must not provide or disclose information under subsection (5) that is likely to lead to the identification of a person who has made an assessable disclosure. 26FC Disclosure of information for specified purposes (1) Subject to subsection (4), the Ombudsman may provide or disclose information received or obtained in the course of the performance of duties and functions or the exercise of powers under this Act to the public if the information relates to the commencement or progress of an own motion investigation or an own motion enquiry or review under Part IIIAB and the Ombudsman is satisfied -- 253 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 246 Authorised by the Chief Parliamentary Counsel that the information does not include any information that— (a) is likely to lead to the identification of any person; or (b) is adverse to an authority, unless the information is already in the public domain or the authority has consented to the information being provided or disclosed. (2) Subject to subsection (4), the Ombudsman may provide or disclose information received or obtained in the course of the performance of duties and functions or the exercise of powers under this Act to a person, body or authority that the Ombudsman considers appropriate if the Ombudsman considers that the provision or disclosure of the information is necessary to prevent or lessen the risk of harm to a person's health, safety or welfare. (3) Subject to subsection (4), the Ombudsman may provide or disclose information received or obtained in the course of the performance of duties and functions or the exercise of powers under this Act to an authority if the Ombudsman— (a) considers that the provision or disclosure of the information is necessary to assist the authority to improve its complaint handling or administrative practices or procedures; and (b) is satisfied that the information does not include any information that is likely to lead to the identification of any person unless that person has provided consent or the identification is otherwise -- 254 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 247 Authorised by the Chief Parliamentary Counsel authorised under the Privacy and Data Protection Act 2014. (4) The Ombudsman must not provide or disclose any information under this section that includes— (a) any information that the Ombudsman considers would prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, the IBAC or the Victorian Inspectorate; or (b) any information, or information in any document, referred to in section 19, 19A or 19B; or (c) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or (d) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence; or (e) any information that— (i) is likely to lead to the identification of a person who has made an assessable disclosure; and (ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. (5) The operation of this section is not limited by sections 26FB and 26A.". -- 255 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 248 Authorised by the Chief Parliamentary Counsel 171 Section 31 substituted For section 31 of the Ombudsman Act 1973 substitute— "31 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; (b) may differ according to differences in time, place or circumstance; (c) may leave any matter or thing to be determined, applied, dispensed with or regulated from time to time by a specified person or class of persons; (d) may provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified; (e) may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons; (f) may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed (whether -- 256 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 249 Authorised by the Chief Parliamentary Counsel under this or any other Act) or published by any person— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed (whether under this or any other Act) or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed (whether under this or any other Act) or published from time to time; (g) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.". 172 New section 36 inserted After section 35 of the Ombudsman Act 1973 insert— "36 Transitional provisions—Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 (1) In this section— 2019 Act means the Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019; commencement day means the day on which Part 4 of the 2019 Act comes into operation. -- 257 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 250 Authorised by the Chief Parliamentary Counsel (2) Part IIIAC as inserted by section 153 of the 2019 Act, applies on and after the commencement day to— (a) an enquiry under section 13A begun before the commencement day; or (b) an investigation under section 15B begun before the commencement day. (3) Despite the substitution of section 18 by section 163 of the 2019 Act, a summons issued to a person by the Ombudsman under section 17 of the Evidence (Miscellaneous Provisions) Act 1958 that was in force immediately before the commencement day, continues to have effect on and from that day until the person complies with the summons or the summons is varied or revoked under section 18B as substituted by section 163 of the 2019 Act. (4) Sections 18 and 18A to 18S, as substituted by section 163 of the 2019 Act, apply on and after the commencement day to— (a) an investigation begun before the commencement day under section 15B; or (b) a witness summons issued by the Ombudsman on or after the commencement day. (5) Section 13A(4), as inserted by section 152 of the 2019 Act, and sections 18O and 18P, as inserted by section 163 of the 2019 Act, apply on and after the commencement day to— -- 258 of 316 -- Part 4—Ombudsman Act 1973—general amendments Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 251 Authorised by the Chief Parliamentary Counsel (a) an enquiry under section 13A begun before the commencement day; or (b) an investigation under section 15B begun before the commencement day. (6) Despite the repeal of section 19 of the Evidence (Miscellaneous Provisions) Act 1958 by item 16.2 of Schedule 2 to the Inquiries Act 2014, section 29B(b) of this Act, as in force immediately before the commencement day, continues to apply to any legal proceeding in relation to an offence under section 19 of the Evidence (Miscellaneous Provisions) Act 1958 that had commenced before the commencement day.". 173 Schedule 1—Specified entities (1) Item 13 of Schedule 1 to the Ombudsman Act 1973 is repealed. (2) For item 37 of Schedule 1 to the Ombudsman Act 1973 substitute— "37 A prescribed person or body The person prescribed as the principal officer of the prescribed person or body The Minister prescribed as the responsible Minister for the prescribed person or body". 174 Schedule 3—Persons and bodies to whom or which the Ombudsman may refer complaints For item 23 of Schedule 3 to the Ombudsman Act 1973 substitute— "23 A prescribed person or body". -- 259 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 252 Authorised by the Chief Parliamentary Counsel Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Division 1—Amendment of Ombudsman Act 1973 175 Definitions In section 2(1) of the Ombudsman Act 1973 insert the following definitions— "Auditor-General means the Auditor-General appointed under section 94A of the Constitution Act 1975; Parliamentary Committee means the Integrity and Oversight Committee established under section 5(a) of the Parliamentary Committees Act 2003;". 176 New Part IVA inserted After section 24 of the Ombudsman Act 1973 insert— "Part IVA—Budget, annual plan and performance audit 24A Budget The Ombudsman's budget for each financial year is to be determined in consultation with the Parliamentary Committee concurrently with the annual plan under section 24B. 24B Annual plan (1) Before the beginning of each financial year, the Ombudsman must— (a) prepare a draft annual plan describing the Ombudsman's proposed work program for that financial year; and -- 260 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 253 Authorised by the Chief Parliamentary Counsel (b) submit the plan to the Parliamentary Committee for its consideration. (2) After considering the draft annual plan, the Parliamentary Committee— (a) must return the plan to the Ombudsman; and (b) may provide to the Ombudsman any comments regarding the plan, including suggestions of changes to be made to the plan. (3) As soon as practicable after the passage of the annual appropriation Acts for a financial year and after considering any comments received from the Parliamentary Committee, the Ombudsman must finalise the annual plan for that financial year. (4) The Ombudsman must indicate in the annual plan the nature of any changes suggested by the Parliamentary Committee under subsection (2)(b) that the Ombudsman has not adopted. (5) Before the beginning of the financial year to which the annual plan relates, the Ombudsman must— (a) present the annual plan to the Parliamentary Committee; and (b) cause the plan to be transmitted to the Parliament in accordance with section 24C. 24C Transmission of annual plan to Parliament (1) The Ombudsman must cause the annual plan for a financial year to be transmitted to each House of Parliament as soon as practicable after it has been prepared. -- 261 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 254 Authorised by the Chief Parliamentary Counsel (2) The clerk of each House of Parliament must cause the annual plan to be laid before the House on the day on which it is received or on the next sitting day of the House. (3) If the Ombudsman proposes to transmit the annual plan to the Parliament at a time when a House of the Parliament is not likely to next sit until after the beginning of the financial year to which the annual plan relates, the Ombudsman must— (a) give one business day's notice of the Ombudsman's intention to do so to the clerk of that House of Parliament; and (b) give the annual plan to the clerk of that House of Parliament on the day indicated in the notice; and (c) publish the annual plan on an Internet website maintained by the Ombudsman on the day after giving it to the clerk. (4) If a clerk of a House of the Parliament is given notice under subsection (3)(a), the clerk must— (a) notify each member of the House of the receipt of the notice on the same day that the clerk receives the notice; and (b) give a copy of the annual plan to each member of the House as soon as practicable after the clerk receives the annual plan; and (c) cause the annual plan to be laid before the House on the next sitting day of the House. -- 262 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 255 Authorised by the Chief Parliamentary Counsel (5) An annual plan given to the clerk of a House of the Parliament in accordance with subsection (3) is taken to have been published by order, or under authority, of the House. 24D Independent performance audit (1) A suitably qualified person may be appointed by resolution of the Legislative Council and Legislative Assembly, on the recommendation of the Parliamentary Committee, as an independent performance auditor of the Ombudsman and the office of the Ombudsman other than the following— (a) the Auditor-General; (b) any other VAGO officer, within the meaning of section 3(1) of the Audit Act 1994; (c) a person engaged by the Auditor- General under section 7 of the Audit Act 1994 to assist in the performance of a function under that Act; (d) a person to whom the Auditor-General has delegated a power or function under section 8 of the Audit Act 1994. (2) The independent performance auditor— (a) is appointed on such terms and conditions and is entitled to such remuneration as are determined by the Parliamentary Committee; and (b) in conducting the audit, must comply with directions as to the audit given by the Parliamentary Committee. -- 263 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 256 Authorised by the Chief Parliamentary Counsel (3) Remuneration payable under the appointment is paid out of the Consolidated Fund which is to the necessary extent appropriated accordingly. (4) The independent performance auditor must conduct a performance audit at least once every 4 years to determine whether the Ombudsman and the office of the Ombudsman are achieving their objectives effectively, economically and efficiently and in compliance with this Act. (5) Subject to any directions given by the Parliamentary Committee, the independent performance auditor may exercise any powers of the Auditor-General under Part 7 of the Audit Act 1994 to the extent necessary to conduct the audit as if a reference in that Part to the Auditor-General includes a reference to the independent performance auditor. (6) The Parliamentary Committee must prepare and finalise a specification for a performance audit before the independent performance auditor may call for any information or rely on any power under Part 7 of the Audit Act 1994 in relation to the audit. (7) Before finalising a specification for a performance audit the Parliamentary Committee must— (a) prepare a draft specification for the performance audit that sets out the objectives of the audit and the particular issues (if any) to be addressed; and (b) consult with the Ombudsman on the draft specification. -- 264 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 257 Authorised by the Chief Parliamentary Counsel (8) If the Ombudsman does not respond to a request for comment on a draft specification for a performance audit within 15 business days of receiving the request— (a) the Ombudsman is taken to have no comment on the draft specification; and (b) the independent performance auditor may finalise the specification. (9) The Parliamentary Committee must provide the final specification for a performance audit to the Ombudsman. (10) The independent performance auditor may apply additional auditing and assurance standards applied by the Auditor-General under section 78(2) of the Audit Act 1994, to the conduct of performance audits of the Ombudsman and the office of the Ombudsman. 24E Report of independent performance auditor (1) The independent performance auditor may make a report of a performance audit conducted under section 24D. (2) A report under subsection (1)— (a) may include any information and recommendations the independent performance auditor considers relevant; and (b) must set out the reasons for opinions expressed in the report. -- 265 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 258 Authorised by the Chief Parliamentary Counsel (3) The independent performance auditor must not make a report under subsection (1) unless— (a) at least 20 business days before making the report, the independent performance auditor gives the Ombudsman a copy of the proposed report or a summary of findings and proposed recommendations; and (b) the independent performance auditor asks the Ombudsman in writing for comment before a specified date, being at least 10 business days after the material referred to in paragraph (a) is given to the Ombudsman; and (c) the independent performance auditor includes in the report any comments made before the specified date, or a summary of those comments, in a form agreed between the independent performance auditor and the Ombudsman. (4) The independent performance auditor must, within 7 sitting days of making the report, transmit the report to each House of the Parliament. (5) The independent performance auditor must not include in a report under subsection (1)— (a) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or -- 266 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 259 Authorised by the Chief Parliamentary Counsel (b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence. (6) The independent performance auditor must not include in a report under subsection (1)— (a) any information that the independent performance auditor considers would prejudice any criminal proceedings or criminal investigation, or any investigations by the Ombudsman, the IBAC or the Victorian Inspectorate; or (b) any information, or information in any document, referred to in section 19, 19A or 19B; or (c) any information that— (i) is likely to lead to the identification of a person who has made an assessable disclosure; and (ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. (7) If the independent performance auditor intends to include in a report under subsection (1) a comment or an opinion that is adverse to any person who is to be named in the report and who is an officer or employee of the office of the Ombudsman, the Ombudsman must, after receiving a copy of the proposed report or the relevant part of the proposed report, give the person a reasonable opportunity to respond to the -- 267 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 260 Authorised by the Chief Parliamentary Counsel Ombudsman in relation to the adverse material.". 177 Annual and other reports to Parliament After section 25(1) of the Ombudsman Act 1973 insert— "(1A) The Ombudsman must prepare a report of the operations of the office of the Ombudsman during each financial year that includes an account of the implementation of the annual plan required under section 24B.". 178 Transmission of sections 23(6) and 25 reports to Parliament In section 25AA(1)(a) of the Ombudsman Act 1973, after "section 25(1)" insert "or (1A)". Division 2—Amendment of Independent Broad-based Anti-corruption Commission Act 2011 179 Definitions In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011 insert the following definitions— "Auditor-General means the Auditor-General appointed under section 94A of the Constitution Act 1975; Parliamentary Committee means the Integrity and Oversight Committee established under section 5(a) of the Parliamentary Committees Act 2003;". -- 268 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 261 Authorised by the Chief Parliamentary Counsel 180 Matters to be included in annual report (1) In section 165(1) of the Independent Broad- based Anti-corruption Commission Act 2011— (a) in paragraph (c), for "functions." substitute "functions;"; (b) after paragraph (c) insert— "(d) an account of the implementation of the annual plan prepared by the IBAC under section 168.". (2) After section 165(9) of the Independent Broad- based Anti-corruption Commission Act 2011 insert— "(10) As soon as practicable after the end of each financial year, the IBAC must cause the annual report for that financial year to be transmitted to each House of Parliament.". 181 New Part 8 inserted After section 166 of the Independent Broad- based Anti-corruption Commission Act 2011 insert— "Part 8—Budget, annual plan and performance audit 167 Budget The IBAC's budget for each financial year is to be determined in consultation with the Parliamentary Committee concurrently with the annual plan under section 168. -- 269 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 262 Authorised by the Chief Parliamentary Counsel 168 Annual plan (1) Before the beginning of each financial year, the IBAC must— (a) prepare a draft annual plan describing the IBAC's proposed work program for that financial year; and (b) submit the plan to the Parliamentary Committee for its consideration. (2) After considering the draft annual plan, the Parliamentary Committee— (a) must return the plan to the IBAC; and (b) may provide to the IBAC any comments regarding the plan, including suggestions of changes to be made to the plan. (3) As soon as practicable after the passage of the annual appropriation Acts for a financial year and after considering any comments received from the Parliamentary Committee, the IBAC must finalise the annual plan for that financial year. (4) The IBAC must indicate in the annual plan the nature of any changes suggested by the Parliamentary Committee under subsection (2)(b) that the IBAC has not adopted. (5) Before the beginning of the financial year to which the annual plan relates, the IBAC must— (a) present the annual plan to the Parliamentary Committee; and (b) cause the plan to be transmitted to the Parliament in accordance with section 169. -- 270 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 263 Authorised by the Chief Parliamentary Counsel 169 Transmission of annual plan to Parliament (1) The IBAC must cause the annual plan for a financial year to be transmitted to each House of Parliament as soon as practicable after it has been prepared. (2) The clerk of each House of Parliament must cause the annual plan to be laid before the House on the day on which it is received or on the next sitting day of the House. (3) If the IBAC proposes to transmit the annual plan to the Parliament at a time when a House of the Parliament is not likely to next sit until after the beginning of the financial year to which the annual plan relates, the IBAC must— (a) give one business day's notice of the IBAC's intention to do so to the clerk of that House of Parliament; and (b) give the annual plan to the clerk of that House of Parliament on the day indicated in the notice; and (c) publish the annual plan on an Internet website maintained by the IBAC on the day after giving it to the clerk. (4) If a clerk of a House of the Parliament is given notice under subsection (3)(a), the clerk must— (a) notify each member of the House of the receipt of the notice on the same day that the clerk receives the notice; and (b) give a copy of the annual plan to each member of the House as soon as practicable after the clerk receives the annual plan; and -- 271 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 264 Authorised by the Chief Parliamentary Counsel (c) cause the annual plan to be laid before the House on the next sitting day of the House. (5) An annual plan given to the clerk of a House of the Parliament in accordance with subsection (3) is taken to have been published by order, or under authority, of the House. 170 Independent performance audit (1) A suitably qualified person may be appointed by resolution of the Legislative Council and Legislative Assembly, on the recommendation of the Parliamentary Committee, as an independent performance auditor of the IBAC other than the following— (a) the Auditor-General; (b) any other VAGO officer, within the meaning of section 3(1) of the Audit Act 1994; (c) a person engaged by the Auditor- General under section 7 of the Audit Act 1994 to assist in the performance of a function under that Act; (d) a person to whom the Auditor-General has delegated a power or function under section 8 of the Audit Act 1994. (2) The independent performance auditor— (a) is appointed on such terms and conditions and is entitled to such remuneration as are determined by the Parliamentary Committee; and (b) in conducting the audit, must comply with directions as to the audit given by the Parliamentary Committee. -- 272 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 265 Authorised by the Chief Parliamentary Counsel (3) Remuneration payable under the appointment is paid out of the Consolidated Fund which is to the necessary extent appropriated accordingly. (4) The independent performance auditor must conduct a performance audit at least once every 4 years to determine whether the IBAC is achieving its objectives effectively, economically and efficiently and in compliance with this Act. (5) Subject to any directions given by the Parliamentary Committee, the independent performance auditor may exercise any powers of the Auditor-General under Part 7 of the Audit Act 1994 to the extent necessary to conduct the audit as if a reference in that Part to the Auditor-General includes a reference to the independent performance auditor. (6) The Parliamentary Committee must prepare and finalise a specification for a performance audit before the independent performance auditor may call for any information or rely on any power under Part 7 of the Audit Act 1994 in relation to the audit. (7) Before finalising a specification for a performance audit the Parliamentary Committee must— (a) prepare a draft specification for the performance audit that sets out the objectives of the audit and the particular issues (if any) to be addressed; and (b) consult with the IBAC on the draft specification. -- 273 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 266 Authorised by the Chief Parliamentary Counsel (8) If the IBAC does not respond to a request for comment on a draft specification for a performance audit within 15 business days of receiving the request— (a) the IBAC is taken to have no comment on the draft specification; and (b) the independent performance auditor may finalise the specification. (9) The Parliamentary Committee must provide the final specification for a performance audit to the IBAC. (10) The independent performance auditor may apply additional auditing and assurance standards applied by the Auditor-General under section 78(2) of the Audit Act 1994, to the conduct of performance audits of the IBAC. 170A Report of independent performance auditor (1) The independent performance auditor may make a report of a performance audit conducted under section 170. (2) A report under subsection (1)— (a) may include any information and recommendations the independent performance auditor considers relevant; and (b) must set out the reasons for opinions expressed in the report. (3) The independent performance auditor must not make a report under subsection (1) unless— -- 274 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 267 Authorised by the Chief Parliamentary Counsel (a) at least 20 business days before making the report, the independent performance auditor gives the IBAC a copy of the proposed report or a summary of findings and proposed recommendations; and (b) the independent performance auditor asks the IBAC in writing for comment before a specified date, being at least 10 business days after the material referred to in paragraph (a) is given to the IBAC; and (c) the independent performance auditor includes in the report any comments made before the specified date, or a summary of those comments, in a form agreed between the independent performance auditor and the IBAC. (4) The independent performance auditor must, within 7 sitting days of making the report, transmit the report to each House of the Parliament. (5) The independent performance auditor must not include in a report under subsection (1)— (a) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or (b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence. -- 275 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 268 Authorised by the Chief Parliamentary Counsel (6) The independent performance auditor must not include in a report under subsection (1)— (a) any information that the independent performance auditor considers would prejudice any criminal proceedings or criminal investigations, or any investigations by the IBAC; or (b) any information that discloses the identity of a person to whom, or in respect of whom, a direction has been given under— (i) Division 1 of Part 9; or (ii) Part 5 of the Victoria Police Act 2013; or (c) any information that— (i) is likely to lead to the identification of a person who has made an assessable disclosure; and (ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. (7) If the independent performance auditor intends to include in a report under subsection (1) a comment or an opinion that is adverse to any person who is to be named in the report and who is employed under section 35(1) or engaged under section 35(2) or 36, the IBAC must, after receiving a copy of the proposed report or the relevant part of the proposed report, give the person a reasonable opportunity to respond to the IBAC in relation to the adverse material.". -- 276 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 269 Authorised by the Chief Parliamentary Counsel Division 3—Amendment of Victorian Inspectorate Act 2011 182 Definitions In section 3(1) of the Victorian Inspectorate Act 2011 insert the following definition— "Parliamentary Committee means the Integrity and Oversight Committee established under section 5(a) of the Parliamentary Committees Act 2003;". 183 New heading to Division 1 of Part 7 inserted After the heading to Part 7 of the Victorian Inspectorate Act 2011 insert— "Division 1—Recommendations and action on completion of investigation". 184 New heading to Division 2 of Part 7 inserted After section 90 of the Victorian Inspectorate Act 2011 insert— "Division 2—Budget, annual plan and performance audit". 185 New sections 90A, 90B, 90C, 90D, 90E and 90F inserted Before section 91 of the Victorian Inspectorate Act 2011 insert— "90A Budget The Victorian Inspectorate's budget for each financial year is to be determined in consultation with the Parliamentary Committee concurrently with the annual plan under section 90B. -- 277 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 270 Authorised by the Chief Parliamentary Counsel 90B Annual plan (1) Before the beginning of each financial year, the Victorian Inspectorate must— (a) prepare a draft annual plan describing the Victorian Inspectorate's proposed work program for that financial year; and (b) submit the plan to the Parliamentary Committee for its consideration. (2) After considering the draft annual plan, the Parliamentary Committee— (a) must return the plan to the Victorian Inspectorate; and (b) may provide to the Victorian Inspectorate any comments regarding the plan, including suggestions of changes to be made to the plan. (3) As soon as practicable after the passage of the annual appropriation Acts for a financial year and after considering any comments received from the Parliamentary Committee, the Victorian Inspectorate must finalise the annual plan for that financial year. (4) The Victorian Inspectorate must indicate in the annual plan the nature of any changes suggested by the Parliamentary Committee under subsection (2)(b) that the Victorian Inspectorate has not adopted. (5) Before the beginning of the financial year to which the annual plan relates, the Victorian Inspectorate must— (a) present the annual plan to the Parliamentary Committee; and -- 278 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 271 Authorised by the Chief Parliamentary Counsel (b) cause the plan to be transmitted to the Parliament in accordance with section 90C. 90C Transmission of annual plan to Parliament (1) The Victorian Inspectorate must cause the annual plan for a financial year to be transmitted to each House of Parliament as soon as practicable after it has been prepared. (2) The clerk of each House of Parliament must cause the annual plan to be laid before the House on the day on which it is received or on the next sitting day of the House. (3) If the Victorian Inspectorate proposes to transmit the annual plan to the Parliament at a time when a House of the Parliament is not likely to next sit until after the beginning of the financial year to which the annual plan relates, the Victorian Inspectorate must— (a) give one business day's notice of the Victorian Inspectorate's intention to do so to the clerk of that House of Parliament; and (b) give the annual plan to the clerk of that House of Parliament on the day indicated in the notice; and (c) publish the annual plan on an Internet website maintained by the Victorian Inspectorate on the day after giving it to the clerk. -- 279 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 272 Authorised by the Chief Parliamentary Counsel (4) If a clerk of a House of the Parliament is given notice under subsection (3)(a), the clerk must— (a) notify each member of the House of the receipt of the notice on the same day that the clerk receives the notice; and (b) give a copy of the annual plan to each member of the House as soon as practicable after the clerk receives the annual plan; and (c) cause the annual plan to be laid before the House on the next sitting day of the House. (5) An annual plan given to the clerk of a House of the Parliament in accordance with subsection (3) is taken to have been published by order, or under authority, of the House. 90D Independent performance audit (1) A suitably qualified person may be appointed by resolution of the Legislative Council and Legislative Assembly, on the recommendation of the Parliamentary Committee, as an independent performance auditor of the Victorian Inspectorate other than the following— (a) the Auditor-General; (b) any other VAGO officer, within the meaning of section 3(1) of the Audit Act 1994; (c) a person engaged by the Auditor- General under section 7 of the Audit Act 1994 to assist in the performance of a function under that Act; -- 280 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 273 Authorised by the Chief Parliamentary Counsel (d) a person to whom the Auditor-General has delegated a power or function under section 8 of the Audit Act 1994. (2) The independent performance auditor— (a) is appointed on such terms and conditions and is entitled to such remuneration as are determined by the Parliamentary Committee; and (b) in conducting the audit, must comply with directions as to the audit given by the Parliamentary Committee. (3) Remuneration payable under the appointment is paid out of the Consolidated Fund which is to the necessary extent appropriated accordingly. (4) The independent performance auditor must conduct a performance audit at least once every 4 years to determine whether the Victorian Inspectorate is achieving its objectives effectively, economically and efficiently and in compliance with this Act. (5) Subject to any directions given by the Parliamentary Committee, the independent performance auditor may exercise any powers of the Auditor-General under Part 7 of the Audit Act 1994 to the extent necessary to conduct the audit as if a reference in that Part to the Auditor-General includes a reference to the independent performance auditor. (6) The Parliamentary Committee must prepare and finalise a specification for a performance audit before the independent performance auditor may call for any information or rely on any power under Part 7 of the Audit Act 1994 in relation to the audit. -- 281 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 274 Authorised by the Chief Parliamentary Counsel (7) Before finalising a specification for a performance audit the Parliamentary Committee must— (a) prepare a draft specification for the performance audit that sets out the objectives of the audit and the particular issues (if any) to be addressed; and (b) consult with the Victorian Inspectorate on the draft specification. (8) If the Victorian Inspectorate does not respond to a request for comment on a draft specification for a performance audit within 15 business days of receiving the request— (a) the Victorian Inspectorate is taken to have no comment on the draft specification; and (b) the independent performance auditor may finalise the specification. (9) The Parliamentary Committee must provide the final specification for a performance audit to the Victorian Inspectorate. (10) The independent performance auditor may apply additional auditing and assurance standards applied by the Auditor-General under section 78(2) of the Audit Act 1994, to the conduct of performance audits of the Victorian Inspectorate. 90E Report of independent performance auditor (1) The independent performance auditor may make a report of a performance audit conducted under section 90D. -- 282 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 275 Authorised by the Chief Parliamentary Counsel (2) A report under subsection (1)— (a) may include any information and recommendations the independent performance auditor considers relevant; and (b) must set out the reasons for opinions expressed in the report. (3) The independent performance auditor must not make a report under subsection (1) unless— (a) at least 20 business days before making the report, the independent performance auditor gives the Victorian Inspectorate a copy of the proposed report or a summary of findings and proposed recommendations; and (b) the independent performance auditor asks the Victorian Inspectorate in writing for comment before a specified date, being at least 10 business days after the material referred to in paragraph (a) is given to the Victorian Inspectorate; and (c) the independent performance auditor includes in the report any comments made before the specified date, or a summary of those comments, in a form agreed between the independent performance auditor and the Victorian Inspectorate. (4) The independent performance auditor must, within 7 sitting days of making the report, transmit the report to each House of the Parliament. -- 283 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 276 Authorised by the Chief Parliamentary Counsel (5) The independent performance auditor must not include in a report under subsection (1)— (a) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or (b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence. (6) The independent performance auditor must not include in a report under subsection (1)— (a) information that the independent performance auditor considers would prejudice any criminal proceedings or criminal investigations, or any investigations by the IBAC or by the Victorian Inspectorate or an investigation under the Judicial Commission of Victoria Act 2016; or (b) information that discloses the identity of a person to whom, or in respect of whom, a direction has been given under— (i) Division 1 of Part 9 of the Independent Broad-based Anti-corruption Commission Act 2011; or (ii) Part 5 of the Victoria Police Act 2013; or -- 284 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 277 Authorised by the Chief Parliamentary Counsel (c) any information that— (i) is likely to lead to the identification of a person who has made an assessable disclosure; and (ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies; or (d) information that discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or (e) information that a particular investigation has been, is being or is to be, conducted. (7) If the independent performance auditor intends to include in a report under subsection (1) a comment or an opinion that is adverse to any person who is to be named in the report and who is employed under Part 3 of the Public Administration Act 2004 pursuant to section 28(1) or engaged under section 28(2) or 29, the Victorian Inspectorate must, after receiving a copy of the proposed report or the relevant part of the proposed report, give the person a reasonable opportunity to respond to the Victorian Inspectorate in relation to the adverse material.". -- 285 of 316 -- Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 278 Authorised by the Chief Parliamentary Counsel 186 New heading to Division 3 of Part 7 inserted Before section 92 of the Victorian Inspectorate Act 2011 insert— "Division 3—Miscellaneous". 187 Matters to be included in annual report (1) After section 91(1)(b) of the Victorian Inspectorate Act 2011 insert— "(ba) an account of the implementation of the annual plan prepared by the Victorian Inspectorate under section 90B;". (2) After section 91(17) of the Victorian Inspectorate Act 2011 insert— "(18) As soon as practicable after the end of each financial year, the Victorian Inspectorate must cause the annual report for that financial year to be transmitted to each House of Parliament.". -- 286 of 316 -- Part 6—Integrity and Oversight Committee Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 279 Authorised by the Chief Parliamentary Counsel Part 6—Integrity and Oversight Committee Division 1—Amendment of Parliamentary Committees Act 2003 188 Definitions In section 3 of the Parliamentary Committees Act 2003, the definition of IBAC Committee is repealed. 189 Establishment of Joint House Committees In section 5 of the Parliamentary Committees Act 2003— (a) for paragraph (aa) substitute— "(a) the Integrity and Oversight Committee;"; (b) paragraph (fa) is repealed. 190 New section 6A substituted For section 6A of the Parliamentary Committees Act 2003 substitute— "7 Integrity and Oversight Committee (1) The functions of the Integrity and Oversight Committee are— (a) to monitor and review the performance of the functions and exercise of the powers of the Information Commissioner; and (b) to consider and investigate complaints concerning the Information Commissioner and the operation of the Office of the Victorian Information Commissioner; and -- 287 of 316 -- Part 6—Integrity and Oversight Committee Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 280 Authorised by the Chief Parliamentary Counsel (c) to report to both Houses of Parliament on any matter requiring the attention of Parliament that relates to— (i) the performance of the functions and the exercise of the powers of the Information Commissioner; or (ii) any complaint concerning the Information Commissioner and the operation of the Office of the Victorian Information Commissioner; and (d) to examine the annual report of the Information Commissioner and any other reports by the Information Commissioner and report to Parliament on any matters it thinks fit concerning those reports; and (e) to inquire into matters concerning freedom of information referred to it by the Parliament and to report to Parliament on those matters; and (f) to monitor and review the performance of the duties and functions of the Victorian Inspectorate, other than those in respect of VAGO officers; and (g) to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of the Victorian Inspectorate, other than those in respect of VAGO officers, that require the attention of the Parliament; and (h) to examine any reports made by the Victorian Inspectorate to the Integrity and Oversight Committee or the -- 288 of 316 -- Part 6—Integrity and Oversight Committee Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 281 Authorised by the Chief Parliamentary Counsel Parliament other than reports in respect of VAGO officers; and (i) to consider any proposed appointment of an Inspector under section 18 of the Victorian Inspectorate Act 2011 and to exercise a power of veto in accordance with that Act; and (j) to monitor and review the performance of the duties and functions of the IBAC; and (k) to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of the IBAC that require the attention of the Parliament; and (l) to examine any reports made by the IBAC to the Integrity and Oversight Committee or the Parliament; and (m) to consider any proposed appointment of a Commissioner under section 20 of the Independent Broad-based Anti-corruption Commission Act 2011 and to exercise a power of veto in accordance with that Act; and (n) to carry out any other function conferred on the Integrity and Oversight Committee by or under— (i) the Ombudsman Act 1973; and (ii) the Independent Broad-based Anti-corruption Commission Act 2011; and (iii) the Victorian Inspectorate Act 2011. -- 289 of 316 -- Part 6—Integrity and Oversight Committee Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 282 Authorised by the Chief Parliamentary Counsel (2) Despite anything to the contrary in subsection (1), the Integrity and Oversight Committee cannot— (a) reconsider a decision of the Information Commissioner or Public Access Deputy Commissioner in relation to a review of a particular matter; or (b) reconsider any recommendations or decisions of the Information Commissioner or Public Access Deputy Commissioner in relation to a complaint under the Freedom of Information Act 1982; or (c) reconsider any findings in relation to an investigation under the Freedom of Information Act 1982; or (d) reconsider the making of a public interest determination under the Privacy and Data Protection Act 2014; or (e) reconsider the approval of an information usage arrangement under the Privacy and Data Protection Act 2014; or (f) reconsider a decision to serve a compliance notice under the Privacy and Data Protection Act 2014; or (g) disclose any information relating to the performance of a duty or function or exercise of a power by the Ombudsman, the Victorian Inspectorate or the IBAC which may— (i) prejudice any criminal proceedings or criminal investigations; or -- 290 of 316 -- Part 6—Integrity and Oversight Committee Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 283 Authorised by the Chief Parliamentary Counsel (ii) prejudice an investigation being conducted by the Ombudsman, the IBAC or the Victorian Inspectorate; or (iii) contravene any secrecy or confidentiality provision in any relevant Act; or (h) investigate a matter relating to the particular conduct the subject of— (i) a particular complaint or notification made to the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or (ii) a particular disclosure determined by the IBAC under section 26 of the Protected Disclosure Act 2012 to be a protected disclosure complaint; or (iii) any report made by the Victorian Inspectorate; or (i) review any decision by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011 to investigate, not to investigate or to discontinue the investigation of a particular complaint or notification or a protected disclosure complaint within the meaning of that Act; or (j) review any findings, recommendations, determinations or other decisions of the IBAC in relation to— -- 291 of 316 -- Part 6—Integrity and Oversight Committee Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 284 Authorised by the Chief Parliamentary Counsel (i) a particular complaint or notification made to the IBAC under the Independent Broad- based Anti-corruption Commission Act 2011; or (ii) a particular disclosure determined by the IBAC under section 26 of the Protected Disclosure Act 2012 to be a protected disclosure complaint; or (iii) a particular investigation conducted by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or (k) review any determination by the IBAC under section 26 of the Protected Disclosure Act 2012; or (l) disclose or share any information that is likely to lead to the identification of a person who has made an assessable disclosure and is not information to which section 53(2)(a), (c) or (d) of the Protected Disclosure Act 2012 applies; or (m) review any decision to investigate, not to investigate, or to discontinue the investigation of a particular complaint made to the Victorian Inspectorate in accordance with the Victorian Inspectorate Act 2011; or (n) review any findings, recommendations, determinations or other decisions of the Victorian Inspectorate in relation to a particular complaint made to, or investigation conducted by, the -- 292 of 316 -- Part 6—Integrity and Oversight Committee Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 285 Authorised by the Chief Parliamentary Counsel Victorian Inspectorate in accordance with the Victorian Inspectorate Act 2011. Note See also Part VB of the Ombudsman Act 1973 which sets out the functions of the Integrity and Oversight Committee under that Act.". 191 Section 12A repealed Section 12A of the Parliamentary Committees Act 2003 is repealed. 192 New Part 11 inserted After section 69 of the Parliamentary Committees Act 2003 insert— "Part 11—Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 70 Definitions In this Part— Amendment Act means the Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019; commencement date means the day on which Part 6 of the Amendment Act comes into operation; former committee means either of the following committees established under section 5 of this Act as in force -- 293 of 316 -- Part 6—Integrity and Oversight Committee Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 286 Authorised by the Chief Parliamentary Counsel immediately before the commencement date— (a) the Accountability and Oversight Committee; (b) the Independent Broad-based Anti-corruption Commission Committee; successor committee, in relation to a former committee, means the Integrity and Oversight Committee established under section 5. 71 Transitional provisions (1) Despite the amendment of this Act by the Amendment Act— (a) the successor committee is taken to be the same body as the former committee; and (b) except as expressly provided in this section, all persons, things and circumstances appointed or created by or under this Act or existing or continuing under this Act immediately before the commencement date continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if this Act had not been amended by the Amendment Act. (2) On the commencement date— (a) a person who is a member of a former committee ceases to be a member of the former committee and does not become a member of the successor committee unless the person has been appointed to -- 294 of 316 -- Part 6—Integrity and Oversight Committee Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 287 Authorised by the Chief Parliamentary Counsel be a member of the successor committee; and (b) a sub-committee of a former committee ceases to exist. (3) Despite subsection (1), the following cease to have any effect on the commencement date— (a) a resolution by a former committee to use an audio or audio visual link under section 25(5); (b) an invitation to a member of the Council or the Assembly or to a member of the public under section 26(1) to be present at a meeting of a former committee; (c) a requirement under section 28(1) by a former committee to attend or produce a document or thing; (d) the empowerment of a specified member or members of a former committee under section 28(5).". Division 2—Consequential amendments of other Acts 193 Amendment of Parliamentary Salaries and Superannuation Act 1968 (1) In the Table at the foot of section 6 of the Parliamentary Salaries and Superannuation Act 1968, for— "Chairperson of the Accountability and Oversight Committee 15 Chairperson of the IBAC Committee 15" -- 295 of 316 -- Part 6—Integrity and Oversight Committee Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 288 Authorised by the Chief Parliamentary Counsel substitute— "Chairperson of the Integrity and Oversight Committee 15". (2) In the Table at the foot of section 6 of the Parliamentary Salaries and Superannuation Act 1968, for— "Deputy chairperson of the Accountability and Oversight Committee 4 Deputy chairperson of the IBAC Committee 4" substitute— "Deputy chairperson of the Integrity and Oversight Committee 4". 194 Amendment of Ombudsman Act 1973 (1) In section 2(1) of the Ombudsman Act 1973— (a) the definition of Accountability and Oversight Committee is repealed; (b) insert the following definition— "Integrity and Oversight Committee means the Integrity and Oversight Committee established by section 5(a) of the Parliamentary Committees Act 2003;". (2) In the heading to section 26H of the Ombudsman Act 1973, for "Accountability" substitute "Integrity". (3) In section 26H(1) and (2) of the Ombudsman Act 1973, for "Accountability" substitute "Integrity". (4) In the heading to section 26I of the Ombudsman Act 1973, for "Accountability" substitute "Integrity". -- 296 of 316 -- Part 6—Integrity and Oversight Committee Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 289 Authorised by the Chief Parliamentary Counsel (5) In section 26I of the Ombudsman Act 1973, for "Accountability" substitute "Integrity". 195 Amendment of Freedom of Information Act 1982 (1) In the heading to section 64A of the Freedom of Information Act 1982, for "Accountability" substitute "Integrity". (2) In section 64A(1) of the Freedom of Information Act 1982, for "Accountability" substitute "Integrity". 196 Amendment of Independent Broad-based Anti-corruption Commission Act 2011 (1) In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011— (a) the definition of IBAC Committee is repealed; (b) insert the following definition— "Integrity and Oversight Committee means the Integrity and Oversight Committee established by section 5(a) of the Parliamentary Committees Act 2003;". (2) In section 21 of the Independent Broad-based Anti-corruption Commission Act 2011, for "IBAC Committee" (wherever occurring) substitute "Integrity and Oversight Committee". 197 Amendment of Victorian Inspectorate Act 2011 (1) In section 3(1) of the Victorian Inspectorate Act 2011— (a) the definition of IBAC Committee is repealed; -- 297 of 316 -- Part 6—Integrity and Oversight Committee Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 290 Authorised by the Chief Parliamentary Counsel (b) insert the following definition— "Integrity and Oversight Committee means the Integrity and Oversight Committee established by section 5(a) of the Parliamentary Committees Act 2003;". (2) In section 19 of the Victorian Inspectorate Act 2011, for "IBAC Committee" (wherever occurring) substitute "Integrity and Oversight Committee". -- 298 of 316 -- Part 7—Statute law revision Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 291 Authorised by the Chief Parliamentary Counsel Part 7—Statute law revision Division 1—Amendment of Freedom of Information Act 1982 198 Applications to Information Commissioner for review (1) In section 49A(1)(a) of the Freedom of Information Act 1982 omit "or Minister". (2) In section 49A(4) of the Freedom of Information Act 1982 omit "or Minister". (3) In section 49A(5) of the Freedom of Information Act 1982 omit "or Minister". 199 Notice and copies of application for review (1) In section 49D(1) of the Freedom of Information Act 1982 omit "or Minister". (2) In section 49D(3) of the Freedom of Information Act 1982— (a) after "an agency" insert "or the Minister"; (b) after "the agency" insert "or Minister". 200 Heading to section 64 amended In the heading to section 64 of the Freedom of Information Act 1982, for "64 Reporting" substitute "Reporting". 201 Heading to section 64A amended In the heading to section 64A of the Freedom of Information Act 1982, for "64A Reports" substitute "Reports". -- 299 of 316 -- Part 7—Statute law revision Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 292 Authorised by the Chief Parliamentary Counsel Division 2—Amendment of Victorian Inspectorate Act 2011 202 Definitions In section 3(1) of the Victorian Inspectorate Act 2011, in the definition of coercive power, for "(d)" (where secondly occurring) substitute "(da)". 203 Objects of Act In section 5 of the Victorian Inspectorate Act 2011— (a) in paragraph (g) (where first occurring), for "Commissioner." substitute "Commissioner; and (b) in paragraph (g) (where secondly occurring), for "(g)" substitute "(h)". 204 Functions of the Victorian Inspectorate In section 11 of the Victorian Inspectorate Act 2011, for "(5)" (where secondly occurring) substitute "(6)". 205 Section 85A renumbered as section 85C In section 85A of the Victorian Inspectorate Act 2011 (where secondly occurring), for "85A" substitute "85C". 206 Recommendations must not include information likely to identify person who makes an assessable disclosure In section 86(1) of the Victorian Inspectorate Act 2011, for "or 85A" substitute ", 85A, 85B(1) or 85C". -- 300 of 316 -- Part 7—Statute law revision Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 293 Authorised by the Chief Parliamentary Counsel 207 Outcome of investigation In section 89 of the Victorian Inspectorate Act 2011— (a) for "(5)" (where secondly occurring) substitute "(6)"; (b) for "make a recommendation to the Judicial Commission in accordance with section 85A" substitute "make a recommendation to the Judicial Commission in accordance with section 85C". 208 Exemption from Freedom of Information Act 1982 In section 102(2) of the Victorian Inspectorate Act 2011, in the definition of relevant person or body, for "(n)" (where secondly occurring) substitute "(o)". Division 3—Amendment of Privacy and Data Protection Act 2014 209 Information Commissioner to give notice before certain disclosures In section 121(1) of the Privacy and Data Protection Act 2014 omit "an". -- 301 of 316 -- Part 8—Repeal Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 294 Authorised by the Chief Parliamentary Counsel Part 8—Repeal 210 Repeal of amending Act This Act is repealed on 1 July 2021. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). -- 302 of 316 -- Schedule 1—Further consequential amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 295 Authorised by the Chief Parliamentary Counsel Schedule 1—Further consequential amendments relating to public interest disclosures Part A—Independent Broad-based Anti-corruption Commission Act 2011 Section 57 1 In section 40(c) and (d), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 2 In the note at the foot of section 40, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 3 In section 41(4), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 4 In section 54(1)(b), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 5 In section 55(4), for "protected disclosure complaint" substitute "public interest complaint". 6 In section 59(2), for "protected disclosure complaint" (where twice occurring) substitute "public interest complaint". 7 In section 59K(d)— (a) for "protected disclosure complaint" substitute "public interest complaint"; (b) for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 8 In the heading to section 66, for "protected disclosure complaints" substitute "public interest complaints". -- 303 of 316 -- Schedule 1—Further consequential amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 296 Authorised by the Chief Parliamentary Counsel 9 In section 66— (a) in subsection (1)(a)— (i) for "protected disclosure complaint" substitute "public interest complaint"; (ii) for "original protected disclosure complaint" substitute "original public interest complaint"; (b) in subsection (1)(b)— (i) for "protected disclosure complaint" (wherever occurring) substitute "public interest complaint"; (ii) for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; (c) in subsections (2), (3) and (4), for "protected disclosure complaint" (wherever occurring) substitute "public interest complaint". 10 In section 68(1), (2), (3) and (4), for "protected disclosure complaint" substitute "public interest complaint". 11 In section 117(3), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 12 In section 130(1)(d)— (a) for "protected disclosure complaint" substitute "public interest complaint"; (b) for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 13 In the heading to section 131, for "protected disclosure complaint" substitute "public interest complaint". -- 304 of 316 -- Schedule 1—Further consequential amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 297 Authorised by the Chief Parliamentary Counsel 14 In section 131(a), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 15 In section 144(2)(d), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 16 In section 159(4), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 17 In section 160(2), for "protected disclosure complaint" substitute "public interest complaint". 18 In section 162(9), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 19 In section 163— (a) in subsection (2)(b), for "protected disclosure complaint" substitute "public interest complaint"; (b) in subsection (6), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; (c) in subsection (7)(a), for "protected disclosure complaint" substitute "public interest complaint". 20 In section 165(9), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 21 In the note at the foot of section 165, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 22 In section 184(5)(b)(ii), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". -- 305 of 316 -- Schedule 1—Further consequential amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 298 Authorised by the Chief Parliamentary Counsel Part B—Victorian Inspectorate Act 2011 Section 72 1 In section 33(1)(c) and (d), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 2 In the note at the foot of section 33(1), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 3 In section 36(3), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 4 In section 37(1)(a), (c) and (e), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 5 In section 48A(4), for "protected disclosure complaint" substitute "public interest complaint". 6 In section 60(1)(d)— (a) for "protected disclosure complaint" substitute "public interest complaint"; (b) for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 7 In the heading to section 61, for "protected disclosure complaint" substitute "public interest complaint". 8 In section 61(a), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 9 In section 70(2)(h), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". -- 306 of 316 -- Schedule 1—Further consequential amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 299 Authorised by the Chief Parliamentary Counsel 10 In section 86(2), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 11 In section 87(10), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 12 In section 91(1)(d), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 13 In section 91(13), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 14 In the note at the foot of section 91, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 15 In section 92A(1)(b), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". Part C—Ombudsman Act 1973 Section 79 1 In the heading to section 13AAA, for "protected disclosure complaints" substitute "public interest complaints". 2 In section 13AAA— (a) for "protected disclosure complaints" substitute "public interest complaints"; (b) for "protected disclosure entity" substitute "public interest disclosure entity". 3 In section 13A— (a) in subsection (1)(b), for "protected disclosure complaint" substitute "public interest complaint"; -- 307 of 316 -- Schedule 1—Further consequential amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 300 Authorised by the Chief Parliamentary Counsel (b) in subsection (3), for "protected disclosure entity" substitute "public interest disclosure entity". 4 In the heading to Division 1A of Part IV, for "Protected disclosure complaints" substitute "Public interest complaints". 5 In the heading to section 15C, for "protected disclosure complaints" substitute "public interest complaints". 6 In section 15C— (a) for "protected disclosure complaint" substitute "public interest complaint"; (b) for "protected disclosure entity" substitute "public interest disclosure entity". 7 In the heading to section 15D, for "protected disclosure complaints" substitute "public interest complaints". 8 In section 15D— (a) in subsection (1), for "protected disclosure complaint" substitute "public interest complaint"; (b) in subsection (2)— (i) for "protected disclosure complaint" (where twice occurring) substitute "public interest complaint"; (ii) for "protected disclosure entity" (where first occurring) substitute "public interest disclosure entity"; (c) in subsection (2)(a), for "protected disclosure entity" (where twice occurring) substitute "public interest disclosure entity"; -- 308 of 316 -- Schedule 1—Further consequential amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 301 Authorised by the Chief Parliamentary Counsel (d) in subsection (2)(b)— (i) for "protected disclosure entity" (where twice occurring) substitute "public interest disclosure entity"; (ii) for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; (e) in subsection (3), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 9 In the heading to section 15E, for "protected disclosure complaints" substitute "public interest complaints". 10 In section 15E— (a) in subsection (1), for "protected disclosure complaint" (where first occurring) substitute "public interest complaint"; (b) in subsection (1)(a), (b), (c) and (ca), for "protected disclosure complaint" substitute "public interest complaint"; (c) in subsection (1)(cb)— (i) for "protected disclosure complaint" substitute "public interest complaint"; (ii) for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; (d) in subsection (1)(d), for "protected disclosure complaint" substitute "public interest complaint"; (e) in subsection (2), for "protected disclosure complaint" (where first and second occurring) substitute "public interest complaint"; -- 309 of 316 -- Schedule 1—Further consequential amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 302 Authorised by the Chief Parliamentary Counsel (f) in subsection (2)(a), for "protected disclosure complaint" substitute "public interest complaint". 11 In the heading to section 15F, for "protected disclosure complaint" substitute "public interest complaint". 12 In section 15F, for "protected disclosure complaint" (wherever occurring) substitute "public interest complaint". 13 In section 16B(1)(a) and (c), for "protected disclosure complaint" substitute "public interest complaint". 14 In section 16F(2), for "relevant protected disclosure complaint" substitute "relevant public interest complaint". 15 In section 16L(1A)(b)(ii), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 16 In section 16M(2)(e)(ii), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 17 In section 18(3), for "protected disclosure entity" substitute "public interest disclosure entity". 18 In section 18C(1)(b), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 19 In section 18E— (a) in subsection (2)(d)(ii)— (i) for "protected disclosure complaint" substitute "public interest complaint"; (ii) for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012"; -- 310 of 316 -- Schedule 1—Further consequential amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 303 Authorised by the Chief Parliamentary Counsel (b) in subsection (2A), for "protected disclosure complaint" substitute "public interest complaint"; (c) in subsection (2A)(a), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 20 In section 19(2), for "relevant protected disclosure complaint" substitute "relevant public interest complaint". 21 In the heading to section 19A, for "relevant protected disclosure complaints" substitute "relevant public interest complaints". 22 In section 19A, for "relevant protected disclosure complaint" substitute "relevant public interest complaint". 23 In the heading to section 19B, for "relevant protected disclosure complaints" substitute "relevant public interest complaints". 24 In section 19B, for "relevant protected disclosure complaint" substitute "relevant public interest complaint". 25 In the heading to section 19D, for "relevant protected disclosure complaints" substitute "relevant public interest complaints". 26 In section 19D, for "relevant protected disclosure complaint" substitute "relevant public interest complaint". 27 In section 21— (a) in subsection (1), for "relevant protected disclosure complaint" substitute "relevant public interest complaint"; -- 311 of 316 -- Schedule 1—Further consequential amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 304 Authorised by the Chief Parliamentary Counsel (b) in subsection (2)— (i) for "relevant protected disclosure complaint" substitute "relevant public interest complaint"; (ii) for "protected disclosure entity" substitute "public interest disclosure entity". 28 In section 23— (a) in subsection (2A), for "relevant protected disclosure complaint" (where twice occurring) substitute "relevant public interest complaint"; (b) in subsection (2A)(a)— (i) in subparagraphs (i) and (ii), for "protected disclosure entity" substitute "public interest disclosure entity"; (ii) in subparagraph (iii), for "protected disclosure complaint" substitute "public interest complaint"; (c) in subsection (3)(a)(i), for "protected disclosure entity" substitute "public interest disclosure entity"; (d) in subsection (4), for "protected disclosure entity" substitute "public interest disclosure entity"; (e) in subsection (5)(c), for "relevant protected disclosure complaint" substitute "relevant public interest complaint"; (f) in subsection (6A)(b), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". -- 312 of 316 -- Schedule 1—Further consequential amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 305 Authorised by the Chief Parliamentary Counsel 29 In the heading to section 23A, for "relevant protected disclosure complaints" substitute "relevant public interest complaints". 30 In section 23A, for "relevant protected disclosure complaint" substitute "relevant public interest complaint". 31 In the note at the foot of section 25(1), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 32 In section 25A(1A)(b), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 33 In section 25B(3)(b), for "protected disclosure entity" (wherever occurring) substitute "public interest disclosure entity". 34 In section 26A(1)(ca) and (d), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 35 In the note at the foot of section 26A(1), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 36 In section 26H(2)(a), (b) and (c), for "protected disclosure complaint" substitute "public interest complaint". 37 In section 27(3), for "protected disclosure entity" substitute "public interest disclosure entity". 38 In section 29B(c), (d) and (e), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 39 In Schedule 2, in item 11, for "protected disclosure entity" (where twice occurring) substitute "public interest disclosure entity". -- 313 of 316 -- Schedule 1—Further consequential amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 306 Authorised by the Chief Parliamentary Counsel Part D—Victoria Police Act 2013 Section 89 1 In the note at the foot of section 12(1), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 2 In section 45— (a) in paragraph (q), for "protected disclosure complaints" substitute "public interest complaints"; (b) in paragraph (w), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 3 In section 169(1), for "protected disclosure complaint" substitute "public interest complaint". 4 In section 176— (a) in subsection (1), for "protected disclosure complaint" substitute "public interest complaint"; (b) in subsection (2)(a), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 5 In section 177(1), for "protected disclosure complaint" substitute "public interest complaint". 6 In section 179(3), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 7 In the note at the foot of section 184(1), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 8 In section 184(2)(c)(i) and (ii), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". -- 314 of 316 -- Schedule 1—Further consequential amendments relating to public interest disclosures Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 307 Authorised by the Chief Parliamentary Counsel 9 In section 186(3), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 10 In section 187— (a) in subsection (1), for "protected disclosure complaints" substitute "public interest complaints"; (b) in subsection (3)(a), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". 11 In section 188(1)(a), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012". ═════════════ -- 315 of 316 -- Endnotes Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 No. 2 of 2019 308 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 19 December 2018 Legislative Council: 6 February 2019 The long title for the Bill for this Act was "A Bill for an Act to amend the Protected Disclosure Act 2012, the Independent Broad-based Anti-corruption Commission Act 2011, the Victorian Inspectorate Act 2011, the Public Interest Monitor Act 2011, the Ombudsman Act 1973 and the Parliamentary Committees Act 2003 and make consequential amendments to other Acts to make Victoria's integrity and accountability system clearer and more efficient and to otherwise improve its operation and for other purposes." -- 316 of 316 --