Integrity and Accountability Legislation Amendment Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 3 PART 2—INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 4 3 Definitions 4 4 Obligation on staff employed or engaged under section 29 not to make public comment 4 5 Unauthorised disclosures 5 6 Disclosure of information by the IBAC 5 7 Disclosure subject to confidentiality notice 5 8 Notice of dismissal, investigation or referral of complaint or notification 5 9 Conducting investigations about corrupt conduct 6 10 Referral of complaint or notification for investigation by another person or body 7 11 Notice of withdrawal of referral 7 12 Return of things seized from police personnel premises 7 13 Heading to section 82E amended 7 14 Witness summons and content and form of witness summons 8 15 Witness already held in custody 8 16 Legal representation of witnesses and other persons 8 17 Specific provisions relating to witnesses 8 18 Actions to be taken before questioning of a witness or requiring production of a document or other thing 9 19 Bail pending court appearance for contempt 9 20 Advice to a complainant and other person 9 21 Outcome of investigation 10 22 New sections 101A and 101B inserted 10 101A Disclosure of transferred restricted matter 10 101B Offence to disclose certain information received from the IBAC 13 -- 1 of 325 -- Section Page ii Authorised by the Chief Parliamentary Counsel 23 Exemption from Freedom of Information Act 1982 16 24 New sections 112 and 113 inserted 17 112 Regulations dealing with transitional matters 17 113 Schedule 18 25 Schedule of savings and transitional provisions inserted 18 SCHEDULE—Savings and Transitional Provisions 18 1 Definitions 18 2 General transitional provisions 19 3 Office of Police Integrity and office of Director abolished 19 4 IBAC succeeds Office of Police Integrity 19 5 Superseded references to Director 20 6 Transfer of records, information and documents 21 7 Transferred protected information 21 8 Confidentiality 22 9 Annual reports and other reports 23 10 Complaints 25 11 Own motion investigations 26 12 Chief Commissioner of Police to respond to the IBAC 26 13 Direction to require answers etc. of police 27 14 Witness summonses and related matters 27 15 Examinations 28 16 Legal assistance for witnesses 29 17 Witness already held in custody 30 18 Confidentiality notices 30 19 Legal professional privilege 31 20 Arrest of recalcitrant witness 31 21 Powers of entry, search and seizure 32 22 Protection of persons, documents and other things 35 23 Investigations completed but proceedings not commenced 37 24 Contempt of Director 37 25 Exemption from Freedom of Information Act 1982 under section 51 of the PIA 38 PART 3—VICTORIAN INSPECTORATE ACT 2011 39 26 Definitions 39 27 Objects of Act 41 28 Functions of the Victorian Inspectorate 41 29 Delegation 41 30 Section 27 substituted 42 27 Obligation on persons employed or engaged under section 24 or engaged under section 25 42 -- 2 of 325 -- Section Page iii Authorised by the Chief Parliamentary Counsel 31 Disclosure and provision of information 42 32 New section 28BA inserted 43 28BA Special provisions applying in respect of functions under section 9(2)(g) and (h) and Major Crime (Investigative Powers) Act 2004 43 33 Victorian Inspectorate may provide or disclose information for specified purposes 43 34 Restrictions on compelling production or disclosure 44 35 Confidentiality notice 44 36 Coercive questioning 45 37 Complaints 45 38 Investigation of complaint 46 39 Own motion investigation 46 40 Conduct of investigation 46 41 Requirement to provide assistance 48 42 Conduct of inquiry 48 43 Witness summons 49 44 Content and form of witness summons 49 45 Legal representation of witnesses and other persons 49 46 Specific provisions relating to witnesses 50 47 Actions to be taken before questioning of a witness or requiring production of a document or other thing 50 48 Powers of entry, inspection and seizure 50 49 Offence for summoned witness to fail to produce document or other thing 52 50 Privileges and secrecy generally 52 51 Privilege against self-incrimination abrogated—witness summons 53 52 Contempt of the Victorian Inspectorate 53 53 Bail pending court appearance for contempt 54 54 New sections 35E and 35F inserted 54 35E Recommendation to the Chief Examiner 54 35F Recommendation for further action 55 55 Special reports 56 56 Advice to a complainant 56 57 Outcome of investigation 57 58 New section 37A inserted 58 37A Powers of Victorian Inspectorate after investigation 58 59 Matters to be included in annual report 58 60 Exemption from FOI Act 59 61 New sections 42A and 42B inserted 60 42A Regulations dealing with transitional matters 60 42B Schedule 61 -- 3 of 325 -- Section Page iv Authorised by the Chief Parliamentary Counsel 62 Schedule of savings and transitional provisions inserted 61 SCHEDULE—Savings and Transitional Provisions 61 1 Definitions 61 2 General transitional provisions 62 3 SIM and office of SIM abolished 63 4 Victorian Inspectorate succeeds SIM 63 5 Superseded references to SIM 63 6 Transfer of records, information and documents 64 7 Reports to the Victorian Inspectorate 64 8 Complaints to the Victorian Inspectorate—PIA 66 9 Complaints and investigations about administrative action taken in the OPI 68 10 Other powers of the Victorian Inspectorate 70 11 Annual report 70 PART 4—CONSEQUENTIAL AND OTHER AMENDMENTS 72 Division 1—Telecommunications (Interception) (State Provisions) Act 1988 72 63 Purposes 72 64 Definitions 72 65 Documents to be given to the Minister 73 66 Documents to be given by State Police Minister to Commonwealth Minister 73 67 Functions of the Office of Police Integrity 73 68 Heading to Part 3 amended 74 69 Functions—generally 74 70 Section 11 substituted 74 11 Regular inspections of records of Police Force 74 71 Reports 75 72 Section 13 amended 75 73 Division 3 of Part 3 substituted 76 Division 3—Inspection of records of the IBAC 76 14 Regular inspections of records of the IBAC 76 15 Reports 77 16 Victorian Inspectorate may report on contraventions 77 74 Definitions for Division 4 of Part 3 77 75 Section 18 amended 78 76 Power to obtain relevant information 79 77 Headings to sections 20 and 20B amended 79 78 Section 20C substituted 79 20C Delegation by Victorian Inspectorate 79 79 Copies of reports for Commonwealth Minister 79 80 Offences relating to inspections under Part 3 80 -- 4 of 325 -- Section Page v Authorised by the Chief Parliamentary Counsel 81 New sections 25 and 26 inserted 80 25 Transitional provisions—Independent Broad-based Anti-corruption Commission Act 2011 80 26 Transitional provisions—Victorian Inspectorate Act 2011 81 Division 2—Crimes (Assumed Identities) Act 2004 82 82 Definitions 82 83 Determination of applications 83 84 Delegation of chief officer's functions 83 85 New section 37 inserted 83 37 Transitional provisions—Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 83 Division 3—Crimes (Controlled Operations) Act 2004 85 86 Definitions 85 87 Unauthorised disclosure of information 86 88 Chief officers' reports 87 89 Annual report by Special Investigations Monitor 87 90 Inspection of records by Special Investigations Monitor 87 91 Delegations within the Office of Police Integrity 87 92 New section 48 inserted 88 48 Savings provision 88 93 New section 60 inserted 88 60 Transitional provisions—Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 88 Division 4—Firearms Act 1996 91 94 Definitions 91 95 Persons from whom and to whom a dealer can acquire and dispose of firearms 91 96 Offence to acquire a firearm without a permit 92 97 Offence to carry or use a firearm in certain places 92 98 Offence to possess, carry or use a firearm on private property without consent 92 99 Non-prohibited Persons who are Exempt from Requirement to hold a Licence under Part 2 93 Division 5—Fisheries Act 1995 93 100 Definitions for Part 7A 93 101 Unauthorised disclosure of information 93 102 Secretary's reports 94 103 Section 131T amended 94 104 Section 131W amended 94 -- 5 of 325 -- Section Page vi Authorised by the Chief Parliamentary Counsel 105 New section 163E inserted 95 163E Transitional provision—Integrity and Accountability Legislation Amendment Act 2012 95 Division 6—Major Crime (Investigative Powers) Act 2004 96 106 Definitions 96 107 Preliminary requirements 96 108 Restriction on publication of evidence 96 109 Heading to Part 5 amended 97 110 Section 51 substituted 97 51 Functions of the Victorian Inspectorate under this Part 97 111 Section 52 amended 98 112 Section 53 amended 98 113 Section 54 substituted 98 54 Complaint to Victorian Inspectorate 98 114 Section 55 repealed 99 115 Section 56 repealed 99 116 Recommendations by Special Investigations Monitor 99 117 Section 58 substituted 99 58 Requirement to provide assistance 99 118 Powers of entry and access 100 119 Requirement to answer questions and produce documents 100 120 Section 61 amended 100 121 Report on operation of this Part 101 122 Crown privilege or secrecy does not apply 101 123 Obstruction 101 124 Delegation 102 125 Obligations of Chief Commissioner 102 126 Secrecy 102 127 Exemption from Freedom of Information Act 1982 103 128 New sections 71 and 72 inserted 103 71 Transitional provision—Complaints to the SIM 103 72 Transitional provision—First annual report 104 Division 7—Sex Offenders Registration Act 2004 105 129 Purpose and objects 105 130 Definitions 105 131 Appeal against order 106 132 When order takes effect 106 133 Sections 66A and 66B amended 106 134 Powers in relation to monitoring 107 135 Reports on monitoring compliance 107 136 Exclusion of liability 107 137 New section 73D inserted 108 73D Transitional provision—Integrity and Accountability Legislation Amendment Act 2012 108 -- 6 of 325 -- Section Page vii Authorised by the Chief Parliamentary Counsel Division 8—Surveillance Devices Act 1999 109 138 Definitions 109 139 Permitted use of local protected information 109 140 Sections 30P and 30Q amended 109 141 New sections 43 and 44 inserted 110 43 Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012 110 44 Transitional provisions—Public Interest Monitor and repeal of Police Integrity Act 2008 113 Division 9—Wildlife Act 1975 114 142 Definitions for Part IX 114 143 Unauthorised disclosure of information 114 144 Secretary's reports 114 145 Sections 74P and 74S amended 114 146 New section 97 inserted 115 97 Transitional provision—Integrity and Accountability Legislation Amendment Act 2012 115 PART 5—REPEAL AND FURTHER CONSEQUENTIAL AMENDMENTS 116 Division 1—Repeal 116 147 Major Crime (Special Investigations Monitor) Act 2004 repealed 116 Division 2—Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 116 148 Delegation powers and other amendments to the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 116 149 Section 14 amended 118 150 Section 15 amended 118 9GA Documents to be given to Minister 120 9GB Documents to be given by State Minister to Commonwealth Minister 121 Division 3—Amendments to Independent Broad-based Anti- corruption Commission Amendment (Examinations) Act 2012 and Victorian Inspectorate Act 2011 121 151 Statute law revision and other amendments 121 152 Delegation powers and repeal of spent amending provisions 122 -- 7 of 325 -- Section Page viii Authorised by the Chief Parliamentary Counsel Division 4—Other amendments 122 153 Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012 122 154 Evidence Amendment (Journalist Privilege) Act 2012 123 Division 5—Further consequential amendments 123 155 Commissioner for Law Enforcement Data Security Act 2005 123 156 Confiscation Act 1997—Application for monitoring order 124 157 Confiscation Act 1997—New section 187 inserted 124 187 Transitional—Independent Broad-based Anti- corruption Commission Act 2011 124 158 Control of Weapons Act 1990 125 159 Crimes Act 1958 125 160 Criminal Procedure Act 2009 126 161 Drugs, Poisons and Controlled Substances Act 1981 126 162 Information Privacy Act 2000 127 163 Legal Aid Act 1978—Functions and powers 127 164 Police Regulation Act 1958 128 165 Public Administration Act 2004 128 166 Public Interest Monitor Act 2011 129 167 Terrorism (Community Protection) Act 2003 129 168 Witness Protection Act 1991 132 169 New section 27 inserted—Witness Protection Act 1991 133 27 Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012 133 Division 6—Amendment of other Acts relating to notifications and other matters 134 170 Accident Compensation Act 1985—Definitions 134 171 New Division 1 of Part VIII and Division 2 heading inserted 135 Division 1—The Authority and the IBAC 135 236C Mandatory notification of corrupt conduct to IBAC 135 236D Consultation prior to notification 135 236E Communication of information to the IBAC 136 236F Authority not to prejudice investigations of the IBAC 136 Division 2—General 136 172 Electoral Act 2002—Definitions 137 173 New sections 19A to 19D inserted 137 19A Mandatory notification of corrupt conduct to IBAC 137 19B Consultation prior to notifcation 137 19C Communication of information to the IBAC 138 19D Electoral Commissioner not to prejudice investigations of the IBAC 138 -- 8 of 325 -- Section Page ix Authorised by the Chief Parliamentary Counsel 174 Environment Protection Act 1970—Definitions 139 175 New Division 1A of Part X inserted 139 Division 1A—The Authority and the IBAC 139 54C Mandatory notification of corrupt conduct to IBAC 139 54D Consultation prior to notification 140 54E Communication of information to the IBAC 140 54F Authority not to prejudice investigations of the IBAC 141 176 Disclosure of information an offence 141 177 Public Administration Act 2004—Definitions 141 178 New Division 4 of Part 4 inserted—Public Administration Act 2004 142 Division 4—The Authority and the IBAC 142 74A Mandatory notification of corrupt conduct to IBAC 142 74B Consultation prior to notification 142 74C Communication of information to the IBAC 142 74D Authority not to prejudice investigations of the IBAC 143 179 Prohibition on disclosure of certain information—Public Administration Act 2004 143 180 Racing Act 1958—Definitions 144 181 Functions of the Racing Integrity Commissioner 144 182 Disclosure of information—Racing Act 1958 145 183 New sections 37G to 37J inserted—Racing Act 1958 145 37G Mandatory notification of corrupt conduct to IBAC 145 37H Consultation prior to referral or notification 146 37I Communication of information to the IBAC 146 37J Racing Integrity Commissioner not to prejudice investigations of the IBAC 147 PART 6—AUDIT ACT 1994 AND RELATED AMENDMENTS 148 Division 1—Amendments to Audit Act 1994 148 184 Definitions 148 185 Annual reporting and delegation 151 186 Power to call for persons and documents 151 187 New sections 11A to 11G inserted 152 11A Auditor-General to report to Victorian Inspectorate on calling for persons or documents 152 11B Requirement given to person under 16 years 152 11C Legal advice and representation 153 11D Advance notice of performance audits 153 11E Further provisions relating to appearances 153 11F Audio or video recording of compulsory appearances 155 11G Protection of legal practitioners and witnesses at compulsory appearances 156 188 Access to information 156 -- 9 of 325 -- Section Page x Authorised by the Chief Parliamentary Counsel 189 Reports to Parliament 156 190 Audits in relation to financial benefits given by the State or authorities 157 191 Other financial audits 158 192 Independent auditor to audit Victorian Auditor-General's Office 159 193 Performance audit of Auditor-General and Victorian Auditor- General's Office 161 194 New Part 4A inserted 163 PART 4A—NOTIFICATIONS AND INFORMATION SHARING 163 19A Mandatory notification of corrupt conduct to IBAC 163 19B Mandatory notification to Victorian Inspectorate 164 19C Communication of information to specified persons or bodies 164 195 New section 20 inserted 166 20 Content of reports 166 196 New section 29 inserted 167 "29 Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012 167 Division 2—Amendments to Victorian Inspectorate Act 2011 168 197 Purpose 168 198 Definitions 168 199 Objects of Act 169 200 New section 5A inserted 169 5A Investigation of conduct occurring before the commencement of this section 169 201 Functions of the Victorian Inspectorate 170 202 Delegation 171 203 New Part 2B inserted 171 PART 2B—MATTERS TO BE REPORTED TO THE VICTORIAN INSPECTORATE BY THE AUDITOR- GENERAL 171 28H Coercive questioning 171 204 Complaints 172 205 Investigation of complaint 173 206 Own motion investigation 173 207 Conduct of investigation 173 208 Requirement to provide assistance 175 209 Conduct of inquiry 175 210 Content and form of witness summons 175 211 Legal representation of witnesses and other persons 176 212 Powers of entry, inspection and seizure 176 213 Privileges and secrecy generally 177 -- 10 of 325 -- Section Page xi Authorised by the Chief Parliamentary Counsel 214 Privilege against self-incrimination 177 215 Recommendation for further action 178 216 New sections 35A and 35B inserted 178 35A Recommendation to the Auditor-General 178 35B Recommendation for further action in respect of VAGO officers 179 217 Advice to a complainant 180 218 Outcome of investigation 180 219 Matters to be included in annual report 181 220 Exemption from FOI Act 182 Division 3—Amendments to Parliamentary Committees Act 2003 183 221 Definitions 183 222 IBAC Committee 183 223 Public Accounts and Estimates Committee 184 PART 7—OMBUDSMAN ACT 1973 AND RELATED AMENDMENTS 186 Division 1—Amendments to Ombudsman Act 1973 186 224 Definitions 186 225 Oath or affirmation 195 226 New section 12 substituted 196 12 Restriction on other employment 196 227 Section 13 substituted and sections 13AA and 13AB inserted 196 13 Principal function of Ombudsman 196 13AA Other functions of Ombudsman 197 13AB Ombudsman not to prejudice legal proceedings or investigations 198 228 Conducting of enquiries 199 229 Division 1 of Part IV substituted 199 Division 1—Complaints generally 199 14 Making a complaint 199 15 Ombudsman must refuse to deal with certain complaints 200 15A Ombudsman may refuse to deal with certain complaints 202 15B Investigation of complaints 203 230 Investigations referred by Parliament 203 231 New Divisions 2A to 2E inserted in Part IV 203 Division 2A—Own motion investigations 203 16A Ombudsman may conduct own motion investigation 203 -- 11 of 325 -- Section Page xii Authorised by the Chief Parliamentary Counsel Division 2B—Referred complaints and matters 205 16B What are referred complaints and referred matters? 205 16C Dealing with referred complaints 205 16D Dealing with referred matters 206 Division 2C—Mandatory notifications by the Ombudsman 206 16E Notification to IBAC 206 16F Notification to Victorian Inspectorate 207 16G Notification to Freedom of Information Commissioner 208 Division 2D—Referrals by the Ombudsman 208 16H Application of Division 208 16I Ombudsman may refer complaints 209 16J Notice of referral 209 16K Consultation prior to referral 210 Division 2E—Information sharing 210 16L Disclosure of information by the Ombudsman 210 232 Procedure relating to investigations 211 233 Investigation powers 213 234 New sections 18A to 18G inserted 214 18A Ombudsman to report to Victorian Inspectorate on issue of witness summons 214 18B Witness summons directed to person under 16 years 214 18C Legal advice and representation 214 18D Advance notice for voluntary appearances 216 18E Further provisions relating to appearances 217 18F Audio or video recording of compulsory appearances 218 18G Protection of legal practitioners and witnesses at compulsory appearances 220 235 Confidentiality 220 236 Communication of information 221 237 Entry of premises 221 238 Investigations under Melbourne City Link Act 1995 221 239 Procedure on completion of investigation 221 240 Complainant to be informed of result of investigation 222 241 Transmission of reports to Parliament 223 242 New section 25AB inserted 223 25AB Transmission of section 16 reports 223 243 New section 25A substituted and section 25B inserted 224 25A Content of reports 224 25B Persons who receive proposed or draft reports or information in them 225 -- 12 of 325 -- Section Page xiii Authorised by the Chief Parliamentary Counsel 244 New Part VA inserted 228 PART VA—CONFIDENTIALITY 228 Division 1—Confidentiality requirements for Ombudsman officers 228 26A Unauthorised disclosure 228 26B Taking advantage of information 229 Division 2—Confidentiality notices 230 26C Confidentiality notice 230 26D Extension of confidentiality notice 234 26E Ombudsman to provide Victorian Inspectorate with copies 235 26F Disclosure subject to confidentiality notice 235 245 New Part VB inserted 239 PART VB—OVERSIGHT OF THE OMBUDSMAN 239 26G Oversight by Victorian Inspectorate 239 26H Oversight by Accountability and Oversight Committee 240 26I Powers and procedures of Accountability and Oversight Committee 241 246 Letters by persons in custody etc. 241 247 Exemption from Freedom of Information Act 1982 242 248 New section 29B inserted 242 29B Evidence 242 249 Penalties 243 250 New section 35 inserted 243 35 Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012 243 251 New Schedules 1, 2 and 3 substituted for the Schedule 247 SCHEDULES 247 SCHEDULE 1—Specified Entities 247 SCHEDULE 2—Exempt Persons and Bodies 257 SCHEDULE 3—Persons and Bodies to whom or which the Ombudsman may refer complaints 259 Division 2—Consequential amendment of Freedom of Information Act 1982 260 252 Section 61M substituted 260 61M Complaints notified or referred by other bodies 260 -- 13 of 325 -- Section Page xiv Authorised by the Chief Parliamentary Counsel Division 3—Consequential amendments to Independent Broad- based Anti-corruption Commission Act 2011 261 253 Definitions 261 254 Functions of the IBAC 261 255 Referral of complaint or notification for investigation by another person or body 261 256 Provision to the IBAC of information about referred complaint or notification 261 257 Withdrawal of referred complaint or notification 262 258 New Part 6A inserted 262 PART 6A—MONITORING AND REVIEW 262 89B Definitions 262 89C Monitoring compliance with Division 3 of Part 4 of Melbourne City Link Act 1995 263 89D Powers in relation to monitoring compliance with Division 3 of Part 4 of Melbourne City Link Act 1995 263 89E Police must provide reasonable assistance 264 Division 4—Consequential amendments to Parliamentary Committees Act 2003 265 259 Definition 265 260 Accountability and Oversight Committee 265 Division 5—Consequential amendments to Victorian Inspectorate Act 2011 267 261 Definitions 267 262 Objects of Act 267 263 Investigation of conduct occurring before the commencement of this section 268 264 Functions of the Victorian Inspectorate 268 265 Delegation 269 266 New Part 2C inserted 269 PART 2C—MATTERS TO BE REPORTED TO THE VICTORIAN INSPECTORATE BY THE OMBUDSMAN 269 28I Coercive questioning 269 267 Complaints 270 268 Investigation of complaint 271 269 Own motion investigation 271 270 Conduct of investigation 272 271 Requirement to provide assistance 273 272 Conduct of inquiry and examination must be held in private 273 273 Content and form of witness summons 274 274 Legal representation of witnesses and other persons 274 -- 14 of 325 -- Section Page xv Authorised by the Chief Parliamentary Counsel 275 Powers of entry, inspection and seizure 274 276 Privileges and secrecy generally 275 277 Privilege against self-incrimination 276 278 New sections 35C and 35D inserted 276 35C Recommendation to the Ombudsman 276 35D Recommendation for further action in respect of Ombudsman officers 277 279 Advice to a complainant 278 280 Outcome of investigation 278 281 Matters to be included in annual report 279 282 Exemption from FOI Act 280 Division 6—Consequential amendment of other Acts 280 283 Accident Compensation Act 1985 280 284 Children, Youth and Families Act 2005 281 285 Corrections Act 1986 281 286 Court Security Act 1980 281 287 Emergency Services Telecommunications Authority Act 2004 281 288 Firearms Act 1996 281 289 Health Records Act 2001 281 290 Health Services Act 1988 282 291 Information Privacy Act 2000 282 292 Juries Act 2000 282 293 Magistrates' Court Act 1989 282 294 Melbourne City Link Act 1995 282 295 Plant Biosecurity Act 2010 283 296 Public Health and Wellbeing Act 2008 283 297 Transport (Compliance and Miscellaneous) Act 1983 284 PART 8—RENUMBERING OF INDEPENDENT BROAD- BASED ANTI-CORRUPTION COMMISSION ACT 2011 AND VICTORIAN INSPECTORATE ACT 2011 285 Division 1—Renumbering of Independent Broad-based Anti- corruption Commission Act 2011 285 298 Renumbering of sections of the Independent Broad-based Anti-corruption Commission Act 2011 285 299 Renumbering of other provisions of the Independent Broad-based Anti-corruption Commission Act 2011 292 300 References in other Acts and documents to renumbered provisions 293 -- 15 of 325 -- Section Page xvi Authorised by the Chief Parliamentary Counsel Division 2—Renumbering of Victorian Inspectorate Act 2011 294 301 Renumbering of sections of the Victorian Inspectorate Act 2011 294 302 Renumbering of other provisions of the Victorian Inspectorate Act 2011 298 303 References in other Acts and documents to renumbered provisions 299 Division 3—Renumbering of references in other Acts 300 304 Accident Compensation Act 1985 300 305 Audit Act 1994 300 306 Crimes (Assumed Identities) Act 2004 300 307 Electoral Act 2002 301 308 Environment Protection Act 1970 301 309 Firearms Act 1996 301 310 Legal Aid Act 1978 301 311 Major Crime (Investigative Powers) Act 2004 301 312 Melbourne City Link Act 1995 302 313 Ombudsman Act 1973 302 314 Police Regulation Act 1958 302 315 Protected Disclosure Act 2012 303 316 Protected Disclosure Act 2012—Schedule 1 304 317 Public Administration Act 2004 306 318 Racing Act 1958 306 319 Terrorism (Community Protection) Act 2003 306 320 Victorian Inspectorate Act 2011 306 321 Victorian Inspectorate Act 2011—Schedule 307 PART 9—REPEAL OF AMENDING ACT 308 322 Repeal of amending Act 308 ═══════════════ ENDNOTES 309 -- 16 of 325 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Integrity and Accountability Legislation Amendment Act 2012 † No. 82 of 2012 [Assented to 18 December 2012] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Independent Broad-based Anti-corruption Commission Act 2011 and the Victorian Inspectorate Act 2011 to provide for matters of a transitional and savings nature and make other amendments; Victoria -- 17 of 325 -- Part 1—Preliminary Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Telecommunications (Interception) (State Provisions) Act 1988 to make provision for the IBAC to use powers under the Telecommunications (Interception and Access) Act 1979 of the Commonwealth and to make other amendments; (c) to amend the Audit Act 1994, the Ombudsman Act 1973 and related Acts as a consequence of the establishment of the IBAC and the Victorian Inspectorate and for related purposes; (d) to amend the Victorian Inspectorate Act 2011 to confer functions on the Victorian Inspectorate in relation to the Auditor- General, the Ombudsman and the offices of Chief Examiner and Examiner under the Major Crime (Investigative Powers) Act 2004; (e) to amend the Ombudsman Act 1973 and the Parliamentary Committees Act 2003 to confer functions on— (i) the Accountability and Oversight Committee of Parliament in relation to the Ombudsman and the Victorian Inspectorate; (ii) the Public Accounts and Estimates Committee of Parliament in relation to the Victorian Inspectorate; (f) to repeal the Major Crime (Special Investigations Monitor) Act 2004; (g) to make consequential and other amendments to other Acts. s. 1 -- 18 of 325 -- Part 1—Preliminary Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 3 Authorised by the Chief Parliamentary Counsel 2 Commencement (1) This Part and Divisions 2 and 3 of Part 5 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 153 is taken to have come into operation on 6 March 2012. (3) Section 154 is taken to have come into operation on 18 September 2012. (4) The remaining provisions of this Act, other than Part 8, come into operation on a day or days to be proclaimed. (5) Part 8 comes into operation on the day after the day on which the last provision of this Act (other than Part 8) comes into operation. __________________ s. 2 -- 19 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 4 Authorised by the Chief Parliamentary Counsel PART 2—INDEPENDENT BROAD-BASED ANTI- CORRUPTION COMMISSION ACT 2011 3 Definitions In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011— (a) in the definition of notification to the IBAC, after paragraph (b) insert— "(c) a notification under section 236C of the Accident Compensation Act 1985; (d) a notification under section 19A of the Audit Act 1994; (e) a notification under section 19A of the Electoral Act 2002; (f) a notification under section 54C of the Environment Protection Act 1970; (g) a notification under section 16E of the Ombudsman Act 1973; (h) a notification under section 74A of the Public Administration Act 2004; (i) a notification under section 37G of the Racing Act 1958;"; (b) in the definition of vessel for "Marine Act 1988" substitute "Marine Safety Act 2010". 4 Obligation on staff employed or engaged under section 29 not to make public comment (1) In the heading to section 32 of the Independent Broad-based Anti-corruption Commission Act 2011 after "29" insert "or persons engaged under section 30". (2) In section 32 of the Independent Broad-based Anti-corruption Commission Act 2011 after "section 29" insert "or engaged under section 30". s. 3 See: Act No. 66/2011 and amending Act Nos 66/2011, 70/2011, 13/2012, 28/2012 and 52/2012. LawToday: www. legislation. vic.gov.au -- 20 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 5 Authorised by the Chief Parliamentary Counsel 5 Unauthorised disclosures (1) In the heading to section 33A of the Independent Broad-based Anti-corruption Commission Act 2011 after "disclosures" insert "or provision of information". (2) In section 33A(b) of the Independent Broad- based Anti-corruption Commission Act 2011 for "instituted" substitute "brought". 6 Disclosure of information by the IBAC In the heading to section 33B of the Independent Broad-based Anti-corruption Commission Act 2011 after "Disclosure" insert "or provision". 7 Disclosure subject to confidentiality notice (1) In section 33E(2)(b)(iii) of the Independent Broad-based Anti-corruption Commission Act 2011 omit "cognitive,". (2) In section 33E(2)(d) of the Independent Broad- based Anti-corruption Commission Act 2011 after "duty of disclosure" insert "or a professional obligation". 8 Notice of dismissal, investigation or referral of complaint or notification (1) In section 40B(2)(e) of the Independent Broad- based Anti-corruption Commission Act 2011 for "privacy laws" substitute "which would involve the unreasonable disclosure of information relating to the personal affairs of any person". (2) After section 40B(2) of the Independent Broad- based Anti-corruption Commission Act 2011 insert— "(3) A notification under subsection (1) or (1A) relating to an action referred to in section 40A(b) or (c) must include a written s. 5 -- 21 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 6 Authorised by the Chief Parliamentary Counsel statement advising the recipient that it is an offence under section 101B to disclose the action.". 9 Conducting investigations about corrupt conduct (1) After section 41(3) of the Independent Broad- based Anti-corruption Commission Act 2011 insert— "(3A) The IBAC must not conduct an investigation under subsection (1) in relation to conduct which occurred entirely before the commencement of section 5B if the IBAC considers that— (a) the conduct is trivial or unrelated to the functions of the IBAC; or (b) the complaint or notification is frivolous or vexatious; or (c) the complaint or notification lacks substance or credibility; or (d) the conduct occurred at too remote a time to justify investigation; or (e) the complaint or notification was not made genuinely or was made primarily for a mischievous purpose.". (2) In section 41(4)(b) of the Independent Broad- based Anti-corruption Commission Act 2011 before "in all" insert "subject to subsection (3A),". (3) In section 47(1) of the Independent Broad-based Anti-corruption Commission Act 2011, after "41(2)," insert "41(3A), 41(4),". s. 9 -- 22 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 7 Authorised by the Chief Parliamentary Counsel 10 Referral of complaint or notification for investigation by another person or body (1) After section 49C(2)(d) of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "(da) the Racing Integrity Commissioner appointed under section 37A of the Racing Act 1958;". (2) After section 49C(2)(e) of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "(ea) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012;". 11 Notice of withdrawal of referral In section 49J(2)(e) of the Independent Broad- based Anti-corruption Commission Act 2011 for "privacy laws" substitute "which would involve the unreasonable disclosure of information relating to the personal affairs of any person". 12 Return of things seized from police personnel premises In section 59(3) of the Independent Broad-based Anti-corruption Commission Act 2011 after "Court" insert "made". 13 Heading to section 82E amended In the heading to section 82E of the Independent Broad-based Anti-corruption Commission Act 2011 omit "or order". s. 10 -- 23 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 8 Authorised by the Chief Parliamentary Counsel 14 Witness summons and content and form of witness summons (1) In section 82F of the Independent Broad-based Anti-corruption Commission Act 2011— (a) in subsection (2)(b) after "known" insert "or believed"; (b) in subsection (4) after "produces" insert "the". (2) In section 82G(1)(a) and (c) of the Independent Broad-based Anti-corruption Commission Act 2011 after "evidence" insert "at an examination". (3) In section 82G(2) of the Independent Broad- based Anti-corruption Commission Act 2011 after "A witness summons" insert "referred to in subsection (1)(a) or (c)". 15 Witness already held in custody In section 82L(3) of the Independent Broad- based Anti-corruption Commission Act 2011, for "is in" substitute "is deemed to be in". 16 Legal representation of witnesses and other persons In section 82M(6) of the Independent Broad- based Anti-corruption Commission Act 2011 after "to obtain" insert "legal advice or". 17 Specific provisions relating to witnesses In section 82O(2) of the Independent Broad- based Anti-corruption Commission Act 2011 after "commences" insert ", or during the examination, as the case requires,". s. 14 -- 24 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 9 Authorised by the Chief Parliamentary Counsel 18 Actions to be taken before questioning of a witness or requiring production of a document or other thing (1) In section 82P(1)(c) of the Independent Broad- based Anti-corruption Commission Act 2011— (a) omit ", prior to the examination"; (b) for subparagraph (ii) substitute— "(ii) the witness informs the IBAC that, prior to the examination, an Australian legal practitioner has explained the statement referred to in section 82G(3)(c) to the witness;". (2) In section 82P(2) of the Independent Broad- based Anti-corruption Commission Act 2011 after "attend" insert "to give evidence at". (3) In section 82P(2) of the Independent Broad- based Anti-corruption Commission Act 2011, for "that the IBAC considers" substitute "to which the IBAC forms the opinion". 19 Bail pending court appearance for contempt In section 82ZM(1) of the Independent Broad- based Anti-corruption Commission 2011— (a) in paragraph (a)(ii) after "apply" insert "for discharge from custody"; (b) in paragraph (b) after "apply" insert "for discharge from custody". 20 Advice to a complainant and other person (1) In section 87(4)(f) of the Independent Broad- based Anti-corruption Commission Act 2011 for "privacy laws" substitute "which would involve the unreasonable disclosure of information relating to the personal affairs of any person". s. 18 -- 25 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 10 Authorised by the Chief Parliamentary Counsel (2) At the end of section 87 of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "(8) Information given to a complainant under subsection (1) or (2) must include a written statement advising the complainant that it is an offence under section 101B to disclose the information.". 21 Outcome of investigation At the end of section 88 of Independent Broad- based Anti-corruption Commission Act 2011 insert— "(2) Without limiting subsection (1), after conducting an investigation, the IBAC may also take any other action that the IBAC is permitted to take under this or any other Act.". 22 New sections 101A and 101B inserted After section 101 of the Independent Broad- based Anti-corruption Commission Act 2011 insert— "101A Disclosure of transferred restricted matter (1) A person must not disclose a transferred restricted matter except as permitted by this section. Penalty: 120 penalty units or imprisonment for 12 months or both. (2) Unless the IBAC orders otherwise, a transferred restricted matter may be disclosed if that matter has already been disclosed as part of an examination that was open to the public. s. 21 -- 26 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 11 Authorised by the Chief Parliamentary Counsel (3) A transferred restricted matter may be disclosed— (a) in accordance with a direction of the IBAC; or (b) subject to 82M(2), to a legal practitioner for the purpose of obtaining legal advice or representation relating to a witness summons or matter; or (c) to a person for the purpose of obtaining legal assistance relating to a witness summons or matter; or (d) to an officer or agent of a body corporate by the body corporate or another officer or agent of the body corporate for the purpose of ensuring compliance with a witness summons; or (e) to the Ombudsman in connection with a complaint to the Ombudsman that relates to a function of the Ombudsman under section 13 or 13AA of the Ombudsman Act 1973; or (f) to the Victorian Inspectorate for the purpose of, or in connection with, a complaint to the Victorian Inspectorate; or (g) by a legal practitioner for the purpose of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with a client; or (h) by a legal practitioner referred to in paragraph (b) for the purpose of giving legal advice, making representations, or obtaining legal aid, relating to the witness summons or matter; or s. 22 -- 27 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 12 Authorised by the Chief Parliamentary Counsel (i) by a person referred to in paragraph (c) for the purpose of obtaining legal aid relating to a witness summons or matter; or (j) if that disclosure is otherwise authorised or required under this Act. (4) This section does not apply to an IBAC Officer. (5) Nothing in this section prevents the IBAC from issuing a confidentiality notice in relation to a transferred restricted matter. (6) In this section— Director means the Director, Police Integrity under section 7 of the Police Integrity Act 2008 as in force immediately before its repeal; transferred restricted matter means any of the following which, immediately before the repeal of the Police Integrity Act 2008, was a restricted matter within the meaning of section 23 of that Act as in force immediately before its repeal and which, by virtue of the Schedule, has become subject to this Act— (a) any evidence given before the Director; (b) the contents of any statement of information or document, or a description of any thing, produced to the Director; (c) the contents of any document, or a description of any thing, seized under the Police Integrity Act 2008; s. 22 -- 28 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 13 Authorised by the Chief Parliamentary Counsel (d) any information that might enable a person who has been, or is about to be, examined before the Director to be identified or located; (e) the fact that a person had been, or was about to be, examined before the Director; (f) the existence of a witness summons under the Police Integrity Act 2008; (g) the subject matter of an investigation under the Police Integrity Act 2008 in relation to which a witness summons under that Act had been issued. 101B Offence to disclose certain information received from the IBAC (1) A person who made a complaint who is notified by the IBAC under section 40B(1) or (1A) of the taking of action referred to in section 40A(b) or (c) by the IBAC must not disclose that action except in the circumstances specified in subsection (5). Penalty: 60 penalty units or 6 months imprisonment or both. (2) A complainant who receives information under section 87(1) or (2) must not disclose that information except in the circumstances specified in subsection (5). Penalty: 60 penalty units or 6 months imprisonment or both. (3) A person who receives information referred to in subsection (1) or (2) in any circumstance specified in subsection (5) s. 22 -- 29 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 14 Authorised by the Chief Parliamentary Counsel must not disclose that information except in the circumstances specified in subsection (5). Penalty: 60 penalty units or 6 months imprisonment or both. (4) A person other than a person referred to in subsection (3) who receives information referred to in subsection (1), (2) or (3) from a person referred to in those subsections must not disclose that information except in the circumstances specified in subsection (5). Penalty: 60 penalty units or 6 months imprisonment or both. (5) For the purposes of this section, the specified circumstances are— (a) disclosure to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons, a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 33C or to comply with this section, including if the person— (i) does not have a sufficient knowledge of the English language to understand the nature of the witness summons, a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 33C or this section, to an interpreter; s. 22 -- 30 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 15 Authorised by the Chief Parliamentary Counsel (ii) is a person under the age of 18 years, to a parent, guardian or independent person; (iii) is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, a confidentiality notice, a notice cancelling a confidentiality notice, an order extending a confidentiality notice under section 33C or this section without assistance, to an independent person; (b) disclosure for the purposes of obtaining legal advice or representation in relation to— (i) a witness summons, a confidentiality notice, a notice cancelling a confidentiality notice, an order extending a confidentiality notice under section 33C or compliance with this section; (ii) the person's rights, liabilities, obligations and privileges under this Act or the Protected Disclosure Act 2012; (c) disclosure by an Australian legal practitioner who receives a disclosure in the circumstances specified in paragraph (b), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with his or her client; s. 22 -- 31 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 16 Authorised by the Chief Parliamentary Counsel (d) disclosure for the purposes of making a complaint to the Victorian Inspectorate; (e) disclosure for the purposes of complying with a witness summons served on a person by the Victorian Inspectorate under the Victorian Inspectorate Act 2011; (f) disclosure of information that has been published by the IBAC in a report or has otherwise been made public in accordance with this Act; (g) disclosure to a person's spouse or domestic partner; (h) disclosure to a person's employer or manager or both; (i) disclosure as is otherwise authorised or required to be made by or under this Act.". 23 Exemption from Freedom of Information Act 1982 In section 109(1) of the Independent Broad- based Anti-corruption Commission Act 2011— (a) in paragraph (d), for "this Act." substitute "this Act; or"; (b) after paragraph (d) insert— "(e) information received by the IBAC under section 39; or (f) a notification made to the IBAC under section 40.". s. 23 -- 32 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 17 Authorised by the Chief Parliamentary Counsel 24 New sections 112 and 113 inserted After section 111 of the Independent Broad- based Anti-corruption Commission Act 2011 insert— "112 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including the repeals and amendments made by this Act or the Integrity and Accountability Legislation Amendment Act 2012. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or from 29 November 2011, being the day on which this Act received the Royal Assent; and (b) be of limited or general application; and (c) leave any matter or thing to be decided by a specified person or class of person; and (d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section. (3) Regulations under this section have effect despite anything to the contrary— (a) in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. s. 24 -- 33 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 18 Authorised by the Chief Parliamentary Counsel (4) This section is repealed on the second anniversary of the day on which it comes into operation. 113 Schedule The Schedule has effect.". 25 Schedule of savings and transitional provisions inserted At the end of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "__________________ SCHEDULE SAVINGS AND TRANSITIONAL PROVISIONS 1 Definitions In this Schedule— commencement day means the day on which section 16 of the Independent Broad- based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 comes into operation; Director means the Director, Police Integrity under section 7 of the PIA as in force immediately before its repeal; OPI means the Office of Police Integrity continued by section 5 of the PIA as in force immediately before its repeal; PIA means the Police Integrity Act 2008 as in force immediately before its repeal; property means any legal or equitable estate or interest (whether present or future or whether vested or contingent) in real or personal property of any description; s. 25 -- 34 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 19 Authorised by the Chief Parliamentary Counsel rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective. 2 General transitional provisions (1) Unless the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984. (2) If a repealed provision of the PIA continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision— (a) any other repealed provisions of the PIA necessary to give effect to that continued provision; and (b) any regulations made under the PIA for the purposes of that continued provision. 3 Office of Police Integrity and office of Director abolished (1) On the commencement day, the Office of Police Integrity is abolished. (2) On the commencement day, the office of Director is abolished and the Director goes out of office. 4 IBAC succeeds Office of Police Integrity On the commencement day— (a) all rights, property and assets that, immediately before the commencement day, were vested in the OPI or the Director are, by force of this clause, vested in the IBAC; (b) all debts, liabilities and obligations of the OPI or the Director existing immediately before that day become, s. 25 -- 35 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 20 Authorised by the Chief Parliamentary Counsel by force of this clause, debts, liabilities and obligations of the IBAC; (c) the IBAC is, by force of this clause, substituted as a party to any proceeding pending in any court or tribunal to which the OPI or the Director was a party immediately before that day; (d) the IBAC is, by force of this clause, substituted as a party to any arrangement or contract entered into by or on behalf of the OPI, or by or on behalf of the Director, as a party and in force immediately before that day; (e) any reference to the OPI in any Act (other than this Act), subordinate instrument, agreement, deed or other document must be construed as a reference to the IBAC— (i) so far as it relates to any period on or after that day; and (ii) if not inconsistent with the context or subject matter. 5 Superseded references to Director A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to the Director must be construed as a reference to the IBAC or the Commissioner (as the case requires)— (a) so far as the reference relates to any period on or after the commencement day; and (b) if not inconsistent with the subject matter. s. 25 -- 36 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 21 Authorised by the Chief Parliamentary Counsel 6 Transfer of records, information and documents All information, documents, reports, records and equipment in the possession or control of the OPI immediately before the commencement day, whether held under the PIA, any other Act or otherwise (including any information, document or other thing seized or otherwise obtained under a warrant)— (a) are transferred to the custody of the IBAC on the commencement day; and (b) are taken to be information, documents, reports, records and equipment in the possession or control of the IBAC on and from that commencement day. 7 Transferred protected information If anything referred to in clause 4, 6, 10(2) or 11(2) is protected information within the meaning of section 30D of the Surveillance Devices Act 1999, on and from the commencement day— (a) the IBAC may only use that protected information in accordance with section 30F of that Act for the IBAC's corrupt conduct investigative functions or its police personnel conduct investigative functions; and (b) the IBAC must not disclose or communicate that protected information to any person or body for any other purpose. s. 25 -- 37 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 22 Authorised by the Chief Parliamentary Counsel 8 Confidentiality (1) A reference in section 32 of this Act— (a) to a person employed or engaged under section 29 or engaged under section 30 includes a reference to a person who was a member of OPI personnel immediately before the commencement day and who is, on and from the commencement day, an IBAC Officer; and (b) to the administration of this Act or the performance of duties and functions or the exercise of powers by the IBAC includes a reference to— (i) the administration of the PIA; or (ii) the performance of duties and functions or the exercise of powers by the OPI or the Director under the PIA. (2) A reference in section 33A of this Act— (a) to an IBAC Officer includes a reference to a person who was a member of OPI personnel immediately before the commencement day and who is, on and from the commencement day, an IBAC Officer; and (b) to information acquired in the course of, or as a result of, the performance of duties and functions or the exercise of powers of the IBAC under this Act includes a reference to— (i) information obtained or received by the person referred to in paragraph (a) before the commencement day in the course s. 25 -- 38 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 23 Authorised by the Chief Parliamentary Counsel of, or as a result of, the performance of duties and functions or the exercise of powers of the OPI or the Director under the PIA; or (ii) a restricted matter within the meaning of section 23 of the PIA as in force immediately before the commencement day. 9 Annual reports and other reports (1) If, before the commencement day, the Director had not prepared any report required by section 28(1) of the PIA or under Part 7 of the Financial Management Act 1994 for the financial year ending before the commencement day, the IBAC must prepare that report. (2) If, before the commencement day, the Director has prepared any report required by section 28(1) of the PIA or under Part 7 of the Financial Management Act 1994 but that report has not been transmitted to each House of the Parliament under section 29 of the PIA or under the Financial Management Act 1994, the IBAC must transmit that report to each House of the Parliament in accordance with the applicable requirements of section 29 of the PIA or the Financial Management Act 1994, as the case requires. (3) For the purposes of subclause (1)— (a) if the report relates to a whole financial year completed before the repeal of the PIA, the IBAC may prepare a report referred to in those provisions as a separate report and transmit the report s. 25 -- 39 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 24 Authorised by the Chief Parliamentary Counsel to each House of the Parliament in accordance with section 29 of the PIA as in force immediately before its repeal or the Financial Management Act 1994, as the case requires; or (b) if the report relates to a partial financial year completed before the repeal of the PIA, the IBAC may prepare a report referred to in those provisions as part of its own annual report under section 89. (4) If, before the commencement day, the Director has prepared a report under section 28(2) of the PIA but that report has not been transmitted to each House of the Parliament under section 29 of the PIA before its repeal, the IBAC may transmit that report to each House of the Parliament in accordance with section 86(1) as if it were a special report under that section and for that purpose, the IBAC may include in a special report any matter arising in connection with the Director's functions under the PIA as in force immediately before its repeal. (5) If, before the commencement day, the Director has commenced preparing but has not completed a report under section 28(2) of the PIA before its repeal, the IBAC may complete that report and transmit it to each House of the Parliament in accordance with section 86(1) as if it were a special report under that section and for that purpose, the IBAC may include in a special report any matter arising in connection with the Director's functions under the PIA as in force immediately before its repeal. s. 25 -- 40 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 25 Authorised by the Chief Parliamentary Counsel (6) If, before the commencement day, the Director has completed an investigation under the PIA but has not given a report under section 50 of the PIA before the commencement day, on and from the commencement day, the IBAC may make a recommendation under section 83 of this Act in relation to that investigation completed by the Director and section 83 applies as if the investigation completed by the Director had been an investigation by the IBAC under this Act. 10 Complaints (1) If, before the commencement day, the Director had received a complaint under section 86L of the Police Regulation Act 1958 and— (a) had not commenced an investigation into the complaint under Division 2 of Part 3 of the PIA; or (b) had commenced but not completed an investigation under Division 2 of Part 3 of the PIA— the IBAC may investigate or complete the investigation of that complaint on and from the commencement day in accordance with this Act as if it were a complaint made in accordance with section 35 of this Act. (2) In an investigation referred to in subclause (1), the IBAC may use or rely upon any evidence given or document or other thing produced to or obtained by the Director or the OPI in relation to that investigation under Part 3 or 4 of the PIA or under any other Act. s. 25 -- 41 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 26 Authorised by the Chief Parliamentary Counsel (3) If, before the commencement day, the Director had completed an investigation under the PIA into the complaint but had not advised the complainant of the outcome of the complaint, section 87 applies to the complaint as if the complaint were made under this Act. 11 Own motion investigations (1) An investigation initiated by the Director under section 44 of the PIA before the commencement day that had not been completed before the commencement day may be continued and completed by the IBAC, on and from the commencement day, under this Act as if it were an investigation conducted under section 45(1)(c) of this Act. (2) In an investigation referred to in subclause (1), the IBAC may use and rely upon any evidence given or document or other thing produced to the Director or the OPI in relation to that investigation under Part 3 or 4 of the PIA or any other Act. (3) The IBAC may undertake any investigation that could have been undertaken under section 48 of the PIA as if it were an own motion investigation. 12 Chief Commissioner of Police to respond to the IBAC A request made before the commencement day by the Director under Part 3 of the PIA for the Chief Commissioner of Police to take any action, or to conduct a further investigation, to which the Chief Commissioner of Police had not (in accordance with section 49 of the PIA) provided a written response before the s. 25 -- 42 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 27 Authorised by the Chief Parliamentary Counsel commencement day, is taken, on and from that day, to be a request made under section 84 of this Act. 13 Direction to require answers etc. of police A direction given to a person under section 47 of the PIA for the purposes of an investigation under the PIA that was in force immediately before the commencement day is taken, on and from the commencement day, to be a direction given to the person under section 53 of this Act for the purposes of an investigation under Part 3. 14 Witness summonses and related matters (1) A witness summons issued under section 53 of the PIA (other than a summons issued to a person who is 16 years of age or older but who is less than 18 years of age) that was in force immediately before the commencement day continues in force, on and from the commencement day, as if— (a) Division 2 of Part 4 of the PIA had not been repealed; and (b) a reference in that Division to the Director were a reference to the IBAC. (2) For the purposes of subclause (1), Part 4 of the PIA (other than section 68 and Divisions 6, 7, 8 or 9) continues to apply, despite its repeal— (a) to that witness summons; and (b) in relation to the person to whom that witness summons is directed; and s. 25 -- 43 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 28 Authorised by the Chief Parliamentary Counsel (c) as if any reference to— (i) the Director were a reference to the IBAC; and (ii) to the Special Investigations Monitor were reference to the Victorian Inspectorate; and (iii) a member of staff of the OPI were a reference to an IBAC Officer. (3) A witness summons issued under section 53 of the PIA to a person who is 16 years of age or older but who is less than 18 years of age that was in force immediately before the commencement day ceases to have any force or effect on and from the commencement day. (4) On and from the commencement day, a person to whom a witness summons referred to in subclause (1) has been issued may be dealt with under section 82T, 82U, 82V or 82W, Division 2 of Part 5A or Division 5 of Part 5A of this Act, as the case requires, as if the person had been issued with a witness summons under this Act. 15 Examinations (1) If, immediately before the commencement day, a person was attending an examination under Division 3 of Part 4 of the PIA and had not been excused from attendance, on and from the commencement day— (a) Part 4 of the PIA (other than section 68 and Divisions 6, 7, 8 or 9) continues to apply to that examination despite its repeal; and s. 25 -- 44 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 29 Authorised by the Chief Parliamentary Counsel (b) that Part applies as if a reference in that Part to— (i) the Director were a reference to the IBAC; and (ii) the Special Investigations Monitor were a reference to the Victorian Inspectorate; and (iii) a member of staff of the OPI were a reference to an IBAC Officer. (2) On and from the commencement day, sections 82T, 82U, 82V and 82W, Division 2 of Part 5A and Division 5 of Part 5A of this Act apply to a person referred to in subclause (1) as if that person had been summoned to attend an examination under Part 5A. 16 Legal assistance for witnesses (1) A person to whom legal assistance has been granted under section 76 of the PIA immediately before its repeal is entitled to continue to receive that assistance. (2) An application under section 76 of the PIA before the commencement day that had not been determined before the commencement day may be determined under section 82ZI of this Act as if it were an application under section 82ZI of this Act. (3) An approval given under section 76 of the PIA before the commencement day in connection with an appearance that had not commenced, or that had commenced but had not concluded, before the commencement day, is taken, on and after the commencement day, to be an approval given under section 82ZI. s. 25 -- 45 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 30 Authorised by the Chief Parliamentary Counsel (4) A person to whom a witness summons under Part 4 of the PIA has been issued immediately before the repeal of that Act who has not applied for legal assistance under section 76 of the PIA before that repeal may apply, on and after the commencement day for legal assistance in accordance with section 82ZI as if the person had been issued with a witness summons under this Act. 17 Witness already held in custody If, immediately before the commencement day, a direction given under section 57(2) of the PIA in respect of a person who is held in a prison or police gaol was in force, on and after the commencement day— (a) section 57 of the PIA continues to apply in respect of that direction despite its repeal; and (b) that section applies as if any reference in that section to the Director were a reference to the IBAC. 18 Confidentiality notices If a confidentiality notice issued under section 58 of the PIA is in force immediately before the commencement day, on and from the commencement day— (a) that notice continues in force as if Division 2 of Part 4 of the PIA had not been repealed; and (b) Division 2 of Part 4 of the PIA continues to apply in respect of that confidentiality notice despite its repeal; and s. 25 -- 46 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 31 Authorised by the Chief Parliamentary Counsel (c) Division 2 of Part 4 of the PIA applies as if any reference in that Part to— (i) the Director were a reference to the IBAC; and (ii) the Special Investigations Monitor were a reference to the Victorian Inspectorate. 19 Legal professional privilege If a claim of privilege under section 71 of the PIA that was made before the commencement day had not been determined before the commencement day, the claim is to be determined, on and from the commencement day, in accordance with sections 71 to 73 of the PIA— (a) as if those sections had not been repealed; and (b) as if a reference in those sections to the Director were a reference to the IBAC. 20 Arrest of recalcitrant witness (1) If, before the commencement day— (a) the Director applied to a magistrate under section 84(1) of the PIA for a warrant to arrest a person; and (b) the magistrate had not determined the application— the application is to be determined, on and from the commencement day, under Division 7 of Part 4 of the PIA as if that Division had not been repealed and as if a reference in that Division— (c) to the Director were a reference to the IBAC; and s. 25 s. 25 -- 47 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 32 Authorised by the Chief Parliamentary Counsel (d) to the Special Investigations Monitor were a reference to the Victorian Inspectorate. (2) If a warrant to arrest a person issued under section 84(2) of the PIA is in force immediately before the commencement day— (a) that warrant continues in force in accordance with its terms on and from that commencement day as if that section had not been repealed; and (b) subject to any conditions or limitations on an authorised officer's appointment under section 50, an authorised officer is authorised to do anything that a person named in the warrant is authorised to do pursuant to that warrant or in the execution of that warrant; and (c) Division 7 of Part 4 of the PIA continues to apply in relation to the person arrested and held in custody pursuant to that warrant; and (d) for those purposes, a reference to the Director in Division 7 of Part 4 of the PIA is taken to be a reference to the IBAC. 21 Powers of entry, search and seizure (1) Section 90 of the PIA as in force immediately before its repeal continues to apply, on and from the commencement day, in respect of a document or thing seized under section 89 of the PIA as if— s. 25 -- 48 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 33 Authorised by the Chief Parliamentary Counsel (a) a reference to an authorised officer were a reference to an authorised officer within the meaning of this Act; and (b) a reference to the Director were a reference to the IBAC. (2) If an application under section 91 of the PIA in relation to a document or thing seized under section 89 of the PIA had not been determined before the commencement day— (a) the application is to be determined, on and from the commencement day, under section 91 of the PIA as if that section had not been repealed; and (b) for the purposes of paragraph (a), a reference in section 91 of the PIA to the Director is taken to be a reference to the IBAC. (3) Section 92 of the PIA as in force immediately before its repeal continues to apply in respect of a document or thing seized under section 89 of the PIA— (a) until the document or thing is returned in accordance with section 92 of the PIA; and (b) as if a reference in section 92 of the PIA to the Director were a reference to the IBAC. (4) An application for a search warrant made under section 93 of the PIA before the commencement day that had not been determined before the commencement day is to be determined, on and from that commencement day, under section 93 of the PIA as if— s. 25 -- 49 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 34 Authorised by the Chief Parliamentary Counsel (a) that section had not been repealed; and (b) a reference in that section to the Director were a reference to the IBAC. (5) If a search warrant issued under section 93 of the PIA before the commencement day is in force immediately before the commencement day, on and from that commencement day, the search warrant— (a) continues in force in accordance with its terms; and (b) subject to any conditions or limitations on an authorised officer's appointment under section 50, an authorised officer is authorised to do anything that a person named in the warrant is authorised to do pursuant to that warrant or in the execution of that warrant; and (c) sections 94 to 101 of the PIA continue to apply to the warrant and anything done under that warrant, as if— (i) those sections had not been repealed; and (ii) a reference in those sections to the Director were a reference to the IBAC. (6) Without limiting section 14(2) of the Interpretation of Legislation Act 1984, despite the repeal of sections 94 to 101 of the PIA, on and from the commencement day, those sections continue to apply in relation to a search warrant issued under section 93 of the PIA (as in force immediately before its repeal) which has been executed before the commencement day as if— s. 25 -- 50 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 35 Authorised by the Chief Parliamentary Counsel (a) those sections had not been repealed; and (b) a reference in those sections to the Director were a reference to the IBAC. 22 Protection of persons, documents and other things (1) A reference in Division 4 of Part 2 to a document or other thing that has come into a person's possession or control in the performance of the duties and functions or the exercise of the powers of the person or the IBAC under this Act includes a reference to a document or other thing that has come into a person's possession (whether before, on or after the commencement day) in the performance of functions under the PIA. (2) A person who was a protected person under the PIA as in force immediately before its repeal, is taken, on and from the commencement day, to be a protected person within the meaning of section 33F. (3) A document or other thing which was a protected document or other thing with the meaning of section 105 of the PIA as in force immediately before its repeal, is taken, on and from the commencement day, to be a protected document or other thing within the meaning of section 33G. (4) A reference in section 33G— (a) to an investigation includes a reference to an investigation under Division 2 of Part 3 of the PIA; (b) to a person who has been summoned, or who has appeared, as a witness in an examination, includes a reference to a person who has been summoned, or s. 25 -- 51 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 36 Authorised by the Chief Parliamentary Counsel who has appeared, as a witness in an investigation under Division 2 of Part 3 of the PIA; (c) to a person who has provided the IBAC with information relating to an investigation includes a person who has provided information to the Director relating to an investigation under Division 2 of Part 3 of the PIA as in force immediately before its repeal; (d) to any evidence given or information provided to the IBAC relating to an investigation includes any evidence given or information provided to the Director relating to an investigation under Division 2 of Part 3 of the PIA as in force immediately before its repeal. (5) A certificate given by the Director under section 106(2) or 109A(2) of the PIA that was in force immediately before the commencement day continues in force, on and from that commencement day, as if it were a certificate given by the IBAC under section 33H(2) or 33K(2), as the case requires. (6) An objection made before the commencement day under section 107 of the PIA to the production or inspection of a document or other thing that has not been determined under section 107 of the PIA before that commencement day is to be determined, on and from the commencement day, under section 33I. s. 25 -- 52 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 37 Authorised by the Chief Parliamentary Counsel 23 Investigations completed but proceedings not commenced (1) The IBAC or a sworn IBAC Officer who is authorised by the Commissioner under section 106(b) or 106A(b) may commence criminal proceedings in relation to any matter for which the Director or a member of staff of the OPI authorised under section 51A(2) of the PIA was entitled to commence criminal proceedings under section 51A of the PIA as if that section had not been repealed. (2) The IBAC or a sworn IBAC Officer authorised by the Commissioner under section 106(b) or 106A(b) may continue criminal proceedings commenced under section 51A of the PIA by the Director or a member of staff of the OPI authorised under section 51A(2) of that Act. 24 Contempt of Director (1) If, before the commencement day, the Director issued a certificate of charge under section 79(1) of the PIA and the charge has not been determined, the charge is to be determined, on and from the commencement day, by the Supreme Court under section 82 of the PIA as if sections 79 and 82 had not been repealed. (2) If, before the commencement day, the Director issued a certificate of charge under section 79(1) of the PIA and an arrest warrant under section 79(1)(b) of that Act, on and from the commencement day— (a) a person to whom section 80 of the PIA applies may elect to apply for bail in accordance with that section as if s. 25 -- 53 of 325 -- Part 2—Independent Broad-based Anti-corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 38 Authorised by the Chief Parliamentary Counsel sections 79 and 80 had not been repealed; and (b) Division 6 of Part 4 of the PIA continues to apply in relation to the person arrested and held in custody pursuant to that warrant; and (c) for those purposes, a reference to the Director in Division 6 of Part 4 of the PIA is taken to be a reference to the IBAC. 25 Exemption from Freedom of Information Act 1982 under section 51 of the PIA Despite the repeal of the PIA, section 51 of that Act continues to apply to any document specified in that section.". __________________ s. 25 -- 54 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 39 Authorised by the Chief Parliamentary Counsel PART 3—VICTORIAN INSPECTORATE ACT 2011 26 Definitions (1) In section 3(1) of the Victorian Inspectorate Act 2011 insert the following definitions— "Chief Commissioner of Police means the Chief Commissioner of Police appointed under Part I of the Police Regulation Act 1958; Chief Examiner means the Chief Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; coercive power means— (a) in relation to a VAGO officer, any power of the Auditor-General or another VAGO officer under section 11 of the Audit Act 1994; (b) in relation to an Ombudsman officer— (i) any power of the Ombudsman under section 18 of the Ombudsman Act 1973 (including any power under a provision of the Evidence (Miscellaneous Provisions) Act 1958 referred to in that section); or (ii) any power of the Ombudsman or a member of Ombudsman staff under section 21 of the Ombudsman Act 1973; (c) in relation to the Chief Examiner or an Examiner— (i) the power of the Chief Examiner to issue a witness summons under section 15 of the Major Crime (Investigative Powers) Act 2004; s. 26 See: Act No. 70/2011 and amending Act Nos 70/2011, 19/2012, 28/2012 and 52/2012. LawToday: www. legislation. vic.gov.au -- 55 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 40 Authorised by the Chief Parliamentary Counsel (ii) the power of the Chief Examiner to make an order under section 18 of the Major Crime (Investigative Powers) Act 2004; (iii) the power under section 35A of the Major Crime (Investigative Powers) Act 2004; (iv) the power to require the production of documents or the giving of evidence at an examination under Part 4 of the Major Crime (Investigative Powers) Act 2004; Examiner means an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; premises of the Chief Examiner includes any premises of an Examiner but does not include any residential premises;". (2) In section 3(1) of the Victorian Inspectorate Act 2011, in the definition of restricted matter— (a) in paragraph (c), after "Victorian Inspectorate has" insert "obtained,"; (b) in paragraph (f), for "to be, examined by, or who has, or will, produce" substitute "proposed to be, examined by, or who has produced, or may produce"; (c) in paragraph (g), for "will be, examined by, or has, or will, produce" substitute "is proposed to be, examined by, or who has produced, or may produce". s. 26 -- 56 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 41 Authorised by the Chief Parliamentary Counsel 27 Objects of Act After section 4 of the Victorian Inspectorate Act 2011— (a) in paragraph (e) for "officers." substitute "officers; and"; (b) after paragraph (e) insert— "(f) provide for the independent oversight of the Chief Examiner and Examiners.". 28 Functions of the Victorian Inspectorate For section 9(2)(g) of the Victorian Inspectorate Act 2011 substitute— "(g) to receive complaints in accordance with this Act about the conduct of the Chief Examiner or any Examiner; Note See also Part 5 of the Major Crime (Investigative Powers) Act 2004. (h) to investigate and assess, in accordance with this Act, the conduct of the Chief Examiner or any Examiner; (i) to report on, and make recommendations as a result of, the performance of its duties and functions.". 29 Delegation (1) Before section 23(1)(j) of the Victorian Inspectorate Act 2011 insert— "(ic) the power to authorise a Victorian Inspectorate Officer to enter premises of the Chief Examiner under section 33N(7); or". (2) In section 23(1)(j) of the Victorian Inspectorate Act 2011, for "section 33W(1)(b)" substitute "section 33W(1)". s. 27 -- 57 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 42 Authorised by the Chief Parliamentary Counsel (3) At the foot of section 23 of the Victorian Inspectorate Act 2011 insert— "Note See also section 20C of Telecommunications (Interception) (State Provisions) Act 1988 which provides that the Victorian Inspectorate may delegate certain functions under that Act to an inspecting officer.". 30 Section 27 substituted For section 27 of the Victorian Inspectorate Act 2011 substitute— "27 Obligation on persons employed or engaged under section 24 or engaged under section 25 A person employed or engaged under section 24 or engaged under section 25 must not publicly comment on— (a) the administration of this Act; or (b) the performance of duties and functions or the exercise of powers by the Victorian Inspectorate.". 31 Disclosure and provision of information (1) In the heading to section 28A of the Victorian Inspectorate Act 2011 after "disclosures" insert "or provision of information". (2) In section 28A(1)(b) of the Victorian Inspectorate Act 2011 for "instituted" substitute "brought". s. 30 -- 58 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 43 Authorised by the Chief Parliamentary Counsel 32 New section 28BA inserted After section 28B of the Victorian Inspectorate Act 2011 insert— "28BA Special provisions applying in respect of functions under section 9(2)(g) and (h) and Major Crime (Investigative Powers) Act 2004 The Victorian Inspectorate or a person who is, or was, a Victorian Inspectorate Officer must not, directly or indirectly, make a record of any information or divulge or communicate to any person any information acquired by the Victorian Inspectorate or the Victorian Inspectorate Officer by reason of, or in the course of, the performance the functions specified in section 9(2)(g) or (h) or a function under the Major Crime (Investigative Powers) Act 2004 except— (a) in the performance of those functions; or (b) for the purpose of performing the duties or exercising the powers conferred by this Act or the Major Crime (Investigative Powers) Act 2004. Penalty: Level 6 imprisonment (5 years maximum).". 33 Victorian Inspectorate may provide or disclose information for specified purposes In section 28C of the Victorian Inspectorate Act 2011 for "section 34 or 35" substitute "Part 4". s. 32 -- 59 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 44 Authorised by the Chief Parliamentary Counsel 34 Restrictions on compelling production or disclosure (1) After section 28D(1)(a) of the Victorian Inspectorate Act 2011 insert— "(ab) produce any document or other thing that has come into his or her possession or control in, or disclose any matter or thing of which the person has knowledge as a result of, the performance of the duties and functions or the exercise of the powers of the person or the Victorian Inspectorate under the Major Crime (Investigative Powers) Act 2004; or". (2) In section 28D(1)(d) of the Victorian Inspectorate Act 2011 for "2012." substitute "2012; or". (3) After section 28D(1)(d) of the Victorian Inspectorate Act 2011 insert— "(e) in circumstances where the Victorian Inspectorate, or the Victorian Inspectorate Officer in his or her official capacity, is a party to the relevant proceeding.". 35 Confidentiality notice (1) In section 28E of the Victorian Inspectorate Act 2011— (a) in subsection (2)(d), for "or will be, examined by, or has, or will, produce" substitute "or is proposed to be, examined by, or has produced, or may produce,"; (b) in subsection (6)(b), after "was issued" insert "to that person"; (c) in subsection (8), for "protect" substitute "avoid prejudice to". (2) In section 28F(2)(b)(iii) of the Victorian Inspectorate Act 2011 omit "cognitive,". s. 34 -- 60 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 45 Authorised by the Chief Parliamentary Counsel (3) In section 28F(2)(d) of the Victorian Inspectorate Act 2011 after "duty of disclosure insert "or a professional obligation". 36 Coercive questioning For section 28G(2) of the Victorian Inspectorate Act 2011 substitute— "(2) The IBAC must comply with a requirement under subsection (1) as soon as possible after it is made.". 37 Complaints At the end of section 29 of the Victorian Inspectorate Act 2011 insert— "(7) A person may make a complaint to the Victorian Inspectorate about the conduct of the Chief Examiner or an Examiner in respect of— (a) the exercise or purported exercise of coercive powers in relation to any matter; or (b) compliance with the Major Crime (Investigative Powers) Act 2004. (8) Without limiting the generality of subsection (7), a complaint may be made on the basis that specified conduct was— (a) contrary to law; or (b) unreasonable, unjust, oppressive or improperly discriminatory; or (c) based on improper motives; or (d) an abuse of power; or (e) otherwise improper.". s. 36 -- 61 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 46 Authorised by the Chief Parliamentary Counsel 38 Investigation of complaint At the end of section 30 of the Victorian Inspectorate Act 2011 insert— "(5) If the Victorian Inspectorate decides to investigate a complaint referred to in section 29(7), the Victorian Inspectorate must notify the Chief Examiner or the Examiner, as the case requires, in writing unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.". 39 Own motion investigation After section 31(3) of the Victorian Inspectorate Act 2011 insert— "(4) The Victorian Inspectorate, on its own motion, may investigate the conduct of the Chief Examiner or an Examiner in respect of— (a) the exercise or purported exercise of coercive powers in relation to any matter; or (b) compliance with the Major Crime (Investigative Powers) Act 2004.". 40 Conduct of investigation (1) In section 32(1)(b) of the Victorian Inspectorate Act 2011, after "the IBAC" insert "and may copy any record or part of any record of the IBAC". (2) In section 32(1)(d) of the Victorian Inspectorate Act 2011, after "relating to" insert "any aspect of the". s. 38 -- 62 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 47 Authorised by the Chief Parliamentary Counsel (3) After section 32(1B) of the Victorian Inspectorate Act 2011 insert— "(1C) For the purposes of conducting an investigation in relation to the Chief Examiner or an Examiner, the Victorian Inspectorate— (a) may investigate any aspect of— (i) the Chief Examiner's conduct or the carrying out of his or her functions; or (ii) any conduct of an Examiner or the carrying out of his or her functions; (b) has full and free access to all the records of the Chief Examiner and any Examiner and may copy any record, or part of any record, of the Chief Examiner or an Examiner; (c) may require the Chief Examiner or any Examiner to give the Victorian Inspectorate any information in that person's possession which the Victorian Inspectorate considers is relevant to the investigation; (d) may require the Chief Examiner or any Examiner to attend before the Victorian Inspectorate to answer questions or to produce documents or other things relating to— (i) the Chief Examiner's conduct or the carrying out of his or her functions; or s. 40 -- 63 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 48 Authorised by the Chief Parliamentary Counsel (ii) the conduct of an Examiner or the carrying out of his or her functions.". (4) After section 32(5) of the Victorian Inspectorate Act 2011 insert— "(6) If the Victorian Inspectorate considers that it is necessary to do so, the Victorian Inspectorate may conduct an investigation under this Division even though the Chief Examiner or an Examiner is investigating a related matter.". 41 Requirement to provide assistance After section 33(3) of the Victorian Inspectorate Act 2011 insert— "(4) The Chief Examiner and Examiners must give any assistance to the Victorian Inspectorate which the Victorian Inspectorate reasonably requires to enable the Victorian Inspectorate to conduct any investigation under this Part.". 42 Conduct of inquiry In section 33B of the Victorian Inspectorate Act 2011 insert— (a) in paragraph (d) for "33N." substitute "33N;"; (b) after paragraph (d) insert— "(e) may, after notifying the Chief Examiner, enter and search premises of the Chief Examiner and inspect, copy and seize any document or thing in accordance with section 33N.". s. 41 -- 64 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 49 Authorised by the Chief Parliamentary Counsel 43 Witness summons In section 33E of the Victorian Inspectorate Act 2011— (a) in subsection (2)(b) after "known" insert "or believed"; (b) in subsection (4) after "produces" insert "the". 44 Content and form of witness summons (1) In section 33F(2) of the Victorian Inspectorate Act 2011 after "A witness summons" insert "referred to in subsection (1)(a) or (c)". (2) In section 33F(4) of the Victorian Inspectorate Act 2011— (a) before paragraph (g)(iii) insert— "(iic) if the person is the Chief Examiner or an Examiner, neither the Chief Examiner nor the Examiner is entitled to assert any privilege;"; (b) in paragraph (i), after "an Ombudsman officer" insert ", the Chief Examiner or an Examiner". 45 Legal representation of witnesses and other persons (1) In section 33J(2)(c) and (d) and (8)(c) and (d), of the Victorian Inspectorate Act 2011, after "the Ombudsman," insert "the Chief Examiner or an Examiner,". (2) In section 33J(6) of the Victorian Inspectorate Act 2011 after "to obtain" insert "legal advice or". s. 43 -- 65 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 50 Authorised by the Chief Parliamentary Counsel 46 Specific provisions relating to witnesses In section 33K(2) of the Victorian Inspectorate Act 2011 after "commences" insert ", or during the examination, as the case requires,". 47 Actions to be taken before questioning of a witness or requiring production of a document or other thing (1) In section 33L(1)(c) of the Victorian Inspectorate Act 2011— (a) omit "prior to the examination"; (b) for subparagraph (ii) substitute— "(ii) the witness informs the Victorian Inspectorate that, prior to the examination, an Australian legal practitioner has explained the statement referred to in section 33F(3)(c) to the witness;". (2) In section 33L(2) of the Victorian Inspectorate Act 2011, for "that the Victorian Inspectorate considers" substitute "to which the Victorian Inspectorate forms the opinion". 48 Powers of entry, inspection and seizure (1) For section 33N(2) of the Victorian Inspectorate Act 2011 substitute— "(2) The Victorian Inspectorate must not exercise the power conferred by subsection (1) in respect of the IBAC unless the Victorian Inspectorate considers on reasonable grounds that the IBAC, or any IBAC personnel, has wilfully failed to give assistance in accordance with section 33(1).". s. 46 -- 66 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 51 Authorised by the Chief Parliamentary Counsel (2) After section 33N(6) of the Victorian Inspectorate Act 2011 insert— "(7) Subject to subsection (8), if the Victorian Inspectorate considers on reasonable grounds there are documents or other things that are relevant to an inquiry in relation to the Chief Examiner or an Examiner which are on the premises of the Chief Examiner, the Victorian Inspectorate may authorise a Victorian Inspectorate Officer, with such assistance as the Victorian Inspectorate Officer thinks fit, and after notifying the Chief Examiner to— (a) enter those premises at any time; and (b) search those premises for documents or other things that are relevant to the inquiry; and (c) inspect or copy any document or other thing found at those premises; and (d) seize any document or other thing found at those premises that is relevant to the inquiry and keep it until the Victorian Inspectorate has completed its inquiry. (8) The Victorian Inspectorate must not exercise the power conferred by subsection (7) unless the Victorian Inspectorate considers on reasonable grounds that the Chief Examiner or an Examiner has wilfully failed to give assistance in accordance with section 33(4).". s. 48 -- 67 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 52 Authorised by the Chief Parliamentary Counsel 49 Offence for summoned witness to fail to produce document or other thing In section 33Q of the Victorian Inspectorate Act 2011 omit "at an examination". 50 Privileges and secrecy generally (1) In section 33S of the Victorian Inspectorate Act 2011— (a) in subsection (1)(b), for "Part 3" substitute "this Part"; (b) for subsection (2)(a) substitute— "(a) the Crown is not entitled to assert any privilege in relation to any requirement for that person to produce a document or other thing or give information under this Part; and"; (c) in subsection (3)(b), for "Part 3" substitute "this Part". (2) After section 33S(8) of the Victorian Inspectorate Act 2011 insert— "(9) If a person is the Chief Examiner or an Examiner, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as the Chief Examiner or an Examiner imposed by any enactment or any rule of law— (a) is overridden; and (b) does not apply to the disclosure of information under this Part. s. 49 -- 68 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 53 Authorised by the Chief Parliamentary Counsel (10) If a person is the Chief Examiner or an Examiner— (a) neither the Chief Examiner nor an Examiner is entitled to assert any privilege in relation to any requirement for that person to produce a document or other thing or give information under this Part; and (b) any privilege referred to in paragraph (a) is abrogated.". 51 Privilege against self-incrimination abrogated— witness summons After section 33T(2)(c) of the Victorian Inspectorate Act 2011 insert— "(ca) contempt of the Victorian Inspectorate under this Act; or (cb) an offence against the Major Crime (Investigative Powers) Act 2004; or". 52 Contempt of the Victorian Inspectorate In section 33V(1) of the Victorian Inspectorate Act 2011— (a) in paragraph (e), for "so—" substitute "so; or"; (b) after paragraph (e) insert— "(f) engages in threatening or obstructive behaviour before the Victorian Inspectorate; or (g) engages in any other conduct that would, if the Victorian Inspectorate were the Supreme Court, constitute a contempt of that Court—". s. 51 -- 69 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 54 Authorised by the Chief Parliamentary Counsel 53 Bail pending court appearance for contempt In section 33X(1) of the Victorian Inspectorate Act 2011— (a) in paragraph (a)(ii) after "apply" insert "for discharge from custody"; (b) in paragraph (b) after "apply" insert "for discharge from custody". 54 New sections 35E and 35F inserted After section 35D of the Victorian Inspectorate Act 2011 insert— "35E Recommendation to the Chief Examiner (1) The Victorian Inspectorate may at any time make recommendations to the Chief Examiner in relation to any action that the Victorian Inspectorate considers should be taken. (2) Without limiting subsection (1), 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. (3) A recommendation to the Chief Examiner which is not contained in a report must be made in private. (4) Subsection (3) does not limit the power of the Victorian Inspectorate to make a public recommendation if the Victorian Inspectorate considers that the Chief Examiner has failed to take appropriate action in relation to the recommendation. s. 53 -- 70 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 55 Authorised by the Chief Parliamentary Counsel (5) The Victorian Inspectorate may require the Chief Examiner to give a report to the Victorian Inspectorate, within a reasonable specified time, stating— (a) whether or not the Chief Examiner has taken, or intends to take, action recommended by the Victorian Inspectorate; and (b) if the Chief Examiner has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action. (6) The Chief Examiner must comply with a requirement of the Victorian Inspectorate under subsection (5). 35F Recommendation for further action If the Victorian Inspectorate is satisfied that any conduct of the Chief Examiner or an Examiner which has been the subject of a complaint, investigation or other finding should be the subject of 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 IBAC; (e) the Victorian WorkCover Authority; (f) any other person or body prescribed for the purposes of this section.". s. 54 -- 71 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 56 Authorised by the Chief Parliamentary Counsel 55 Special reports Before section 36(5C) of the Victorian Inspectorate Act 2011 insert— "(5BB) The Victorian Inspectorate must not include in a report under this section any information that— (a) identifies, or is likely to identify, any person who is being, or has been, examined under the Major Crime (Investigative Powers) Act 2004; or (b) the nature of any ongoing investigation of an organised crime offence within the meaning of the Major Crime (Investigative Powers) Act 2004.". 56 Advice to a complainant (1) After section 36A(2)(da) of the Victorian Inspectorate Act 2011 insert— "(dab) prejudice an examination by the Chief Examiner or an Examiner; or (dac) prejudice an investigation by Victoria Police of an organised crime offence within the meaning of the Major Crime (Investigative Powers) Act 2004; or (dad) be likely to lead to the disclosure of protected information within the meaning of section 12A(5) of the Major Crime (Investigative Powers) Act 2004; or". (2) In section 36A(2)(f) of the Victorian Inspectorate Act 2011 for "privacy laws" substitute "which would involve the unreasonable disclosure of information relating to the personal affairs of any person". s. 55 -- 72 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 57 Authorised by the Chief Parliamentary Counsel 57 Outcome of investigation After section 37(3) of the Victorian Inspectorate Act 2011 insert— "(4) After conducting an investigation in relation to the Chief Examiner or an Examiner the Victorian Inspectorate may— (a) make a recommendation to the Chief Examiner in accordance with section 35E; (b) make a recommendation to the Chief Commissioner of Police in accordance with section 35F; (c) make a recommendation to the Director of Public Prosecutions in accordance with section 35F; (d) make a recommendation to the Australian Federal Police in accordance with section 35F; (e) make a recommendation to the IBAC in accordance with section 35F; (f) make a recommendation to the Victorian WorkCover Authority in accordance with section 35F; (g) make a recommendation in accordance with section 35F to a person or body prescribed for the purposes of section 35F(f); (h) transmit a report under section 36; (i) provide advice to a complainant in accordance with section 36A; s. 57 -- 73 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 58 Authorised by the Chief Parliamentary Counsel (j) do any combination or all of the matters referred to in paragraphs (a) to (i); (k) determine to make no findings or take no action following the investigation.". 58 New section 37A inserted After section 37 of the Victorian Inspectorate Act 2011 insert— "37A Powers of Victorian Inspectorate after investigation Without limiting anything in section 37, after conducting an investigation, the Victorian Inspectorate may do any other thing that the Victorian Inspectorate is permitted to do under this Act or any other Act.". 59 Matters to be included in annual report (1) Before section 38(1)(f) of the Victorian Inspectorate Act 2011 insert— "(eg) details of the compliance with this Act by the Chief Examiner or an Examiner; (eh) details of the comprehensiveness and adequacy of reports made to the Victorian Inspectorate by the Chief Examiner under this Act; (ei) details of the extent to which action recommended by the Victorian Inspectorate to be taken by the Chief Examiner has been taken;". s. 58 -- 74 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 59 Authorised by the Chief Parliamentary Counsel (2) Before section 38(5) of the Victorian Inspectorate Act 2011 insert— "(4C) If the Victorian Inspectorate is aware of an investigation that is being or has been conducted by the Chief Examiner or an Examiner in relation to a matter or person to be included in its annual report, the Victorian Inspectorate must not include in the annual report any information which would— (a) prejudice the investigation; or (b) identify, or be likely to identify, any person who is being, or has been, examined under the Major Crime (Investigative Powers) Act 2004; or (c) identify the nature of any ongoing investigation of an organised crime offence within the meaning of the Major Crime (Investigative Powers) Act 2004.". 60 Exemption from FOI Act In section 40(2) of the Victorian Inspectorate Act 2011, in the definition of relevant person or body— (a) in paragraph (dc), after "section 35D(3)(f)" insert "or 35F(f)"; (b) after paragraph (i) insert— "(j) the Chief Examiner and any Examiner.". s. 60 -- 75 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 60 Authorised by the Chief Parliamentary Counsel 61 New sections 42A and 42B inserted After section 42 of the Victorian Inspectorate Act 2011 insert— "42A Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including the repeals and amendments made by this Act or the Integrity and Accountability Legislation Amendment Act 2012. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or from 29 November 2011, being the day on which this Act received the Royal Assent; and (b) be of limited or general application; and (c) leave any matter or thing to be decided by a specified person or class of person; and (d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section. (3) Regulations under this section have effect despite anything to the contrary— (a) in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. s. 61 -- 76 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 61 Authorised by the Chief Parliamentary Counsel (4) This section is repealed on the second anniversary of the day on which it comes into operation. 42B Schedule The Schedule has effect.". 62 Schedule of savings and transitional provisions inserted At the end of the Victorian Inspectorate Act 2011 insert— "__________________ SCHEDULE SAVINGS AND TRANSITIONAL PROVISIONS 1 Definitions In this Schedule— commencement day means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation; Director means the Director, Police Integrity under section 7 of the PIA as in force immediately before its repeal; MC (SIM) Act means the Major Crime (Special Investigations Monitor) Act 2004; OPI means the Office of Police Integrity continued by section 5 of the PIA as in force immediately before its repeal; PIA means the Police Integrity Act 2008 as in force immediately before its repeal; s. 62 -- 77 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 62 Authorised by the Chief Parliamentary Counsel property means any legal or equitable estate or interest (whether present or future or whether vested or contingent) in real or personal property of any description; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; SIM means the Special Investigations Monitor appointed under section 5 of the MC (SIM) Act as in force immediately before its repeal. 2 General transitional provisions (1) Unless the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984. (2) If a repealed provision of the MC (SIM) Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision— (a) any other repealed provisions of the MC (SIM) Act necessary to give effect to that continued provision; and (b) any regulations made under the MC (SIM) Act for the purposes of that continued provision. (3) If a repealed provision of the PIA continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision— (a) any other repealed provisions of the PIA necessary to give effect to that continued provision; and (b) any regulations made under the PIA for the purposes of that continued provision. s. 62 -- 78 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 63 Authorised by the Chief Parliamentary Counsel 3 SIM and office of SIM abolished On the commencement day, the office of SIM is abolished and the SIM goes out of office. 4 Victorian Inspectorate succeeds SIM On the commencement day— (a) all rights, property and assets that, immediately before the commencement day, were vested in the SIM are, by force of this clause, vested in the Victorian Inspectorate; (b) all debts, liabilities and obligations of the SIM existing immediately before that day become, by force of this clause, debts, liabilities and obligations of the Victorian Inspectorate; (c) the Victorian Inspectorate is, by force of this clause, substituted as a party to any proceeding pending in any court or tribunal to which the SIM was a party immediately before that day; (d) the Victorian Inspectorate is, by force of this clause, substituted as a party to any arrangement or contract entered into by or on behalf of the SIM as a party and in force immediately before that day. 5 Superseded references to SIM A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to the SIM must be construed as a reference to the Victorian Inspectorate— s. 62 -- 79 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 64 Authorised by the Chief Parliamentary Counsel (a) so far as the reference relates to any period on or after the commencement day; and (b) if not inconsistent with the subject matter. 6 Transfer of records, information and documents All information, documents, reports, records and equipment in the possession or control of the SIM immediately before the commencement day, whether held under the MC (SIM) Act, any other Act or otherwise (including any information, document or other thing obtained in the course of an investigation)— (a) are transferred to the custody of the Victorian Inspectorate on the commencement day; and (b) are taken to be information, documents, reports, records and equipment in the possession or control of the Victorian Inspectorate on and from that commencement day. 7 Reports to the Victorian Inspectorate (1) Section 82H of the Independent Broad- based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to a witness summons issued by the Director under the PIA unless the Director has given a written report on the summons under section 115 of the PIA before that commencement day. (2) Section 82ZA of the Independent Broad- based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to an arrest s. 62 -- 80 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 65 Authorised by the Chief Parliamentary Counsel warrant issued under section 84 of the PIA unless the Director has given a written report on the warrant under section 116 of the PIA before that commencement day. (3) Section 82ZL of the Independent Broad- based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to an arrest warrant issued by the Director under section 79 of the PIA unless the Director has given a written report on the warrant under section 116 of the PIA before that commencement day. (4) Section 82S of the Independent Broad- based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to the video recording and any transcript of an examination conducted by the Director under the PIA unless the Director has given a written report on the examination and a copy video recording and any transcript of an examination to the SIM under section 117 of the PIA before that commencement day. (5) On and from the commencement day, the IBAC must comply with a requirement of the Victorian Inspectorate under section 28G in relation to an examination conducted by the Director under the PIA before the commencement day as if that examination were an examination of a person by the IBAC unless the Director, before that commencement day, has given a written report on the examination and a copy video recording and any transcript of an examination to the SIM under section 117 of the PIA. s. 62 -- 81 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 66 Authorised by the Chief Parliamentary Counsel 8 Complaints to the Victorian Inspectorate—PIA (1) If before the commencement day the SIM had— (a) received a complaint under section 118 of the PIA but not commenced an investigation into the complaint; or (b) commenced but not completed an investigation into a complaint made to the SIM under section 118 of the PIA— the Victorian Inspectorate may investigate or complete the investigation of that complaint on and after the commencement day under section 29. (2) In an investigation referred to in subclause (1), the Victorian Inspectorate is entitled to have regard to any evidence given or document or other thing produced in relation to that investigation before the commencement day. (3) A person referred to in section 118(1) of the PIA who, immediately before the commencement day, could have made a complaint to the SIM under section 118 of the PIA may instead, on and from the commencement day, make a complaint to the Victorian Inspectorate under section 29. (4) A complaint referred to in subclause (1) or (3)— (a) must be limited to a complaint about the matter set out in section 118(2) of the PIA as in force immediately before its repeal; and s. 62 -- 82 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 67 Authorised by the Chief Parliamentary Counsel (b) must be made within 90 days after the day on which the person was excused from attendance under the PIA. (5) For the purposes of this clause— (a) section 32 (except subsection (1)(a)) applies as if— (i) a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause; and (ii) a reference to IBAC's operations or the conduct of IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation; (b) section 33(1) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel under Part 3 were a reference to an investigation under this clause; (c) Division 2 of Part 3 applies as if a reference to an inquiry in relation to the IBAC or IBAC personnel were a reference to an inquiry for the purposes of an investigation under this clause; (d) Divisions 3 and 4 of Part 3 apply; (e) section 34 applies as if a reference to the conduct of the IBAC or IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation; (f) section 35(3) applies as if a reference to conduct of any IBAC personnel were a reference to the conduct of the Director s. 62 -- 83 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 68 Authorised by the Chief Parliamentary Counsel which is the subject of the investigation; (g) sections 36 and 36A apply; (h) section 37(1) (except paragraph (b)) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause; (i) section 37A applies. 9 Complaints and investigations about administrative action taken in the OPI (1) This clause applies to any administrative action taken in the OPI before the commencement day that could have been the subject of a complaint to the Ombudsman, or an investigation on the Ombudsman's own motion, under the Ombudsman Act 1973 before that day, whether or not such a complaint or investigation had been made or conducted. (2) A person may make a complaint to the Victorian Inspectorate about any administrative action to which this clause applies. (3) The Victorian Inspectorate may investigate a complaint made under subclause (2). (4) If the Victorian Inspectorate decides to investigate a complaint made under subclause (2), the Victorian Inspectorate must notify the IBAC in writing unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint. s. 62 -- 84 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 69 Authorised by the Chief Parliamentary Counsel (5) The Victorian Inspectorate may on its own motion in the course of performing its functions investigate any administrative action to which this clause applies. (6) For the purposes of this clause— (a) section 32 (except subsection (1)(a)) applies as if— (i) a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause; and (ii) a reference to IBAC's operations or the conduct of IBAC personnel were a reference to the administrative action which is the subject of the investigation; (b) section 33(1) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel under Part 3 were a reference to an investigation under this clause; (c) Division 2 of Part 3 applies as if a reference to an inquiry in relation to the IBAC or IBAC personnel were a reference to an inquiry for the purposes of an investigation under this clause; (d) Divisions 3 and 4 of Part 3 apply; (e) section 34 applies as if a reference to the conduct of the IBAC or IBAC personnel were a reference to the administrative action which is the subject of the investigation; s. 62 -- 85 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 70 Authorised by the Chief Parliamentary Counsel (f) section 35(3) applies as if a reference to conduct of any IBAC personnel were a reference to the administrative action which is the subject of the investigation; (g) sections 36 and 36A apply; (h) section 37(1) (except paragraph (b)) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause; (i) section 37A applies. 10 Other powers of the Victorian Inspectorate A written notice given by the SIM under section 124 of the PIA before the commencement day that was in force immediately before that commencement day is taken, on and from that commencement day, to be a requirement made by the Victorian Inspectorate under section 32. 11 Annual report (1) For the purposes of the first annual report of the Victorian Inspectorate under Part 7 of the Financial Management Act 1994, a reference in section 38(1)(b) to activities in relation to the performance of the Victorian Inspectorate's duties and functions includes a reference to activities in relation to the performance of the SIM's duties and functions under the PIA during the financial year to which that report relates. (2) If, before the commencement day, the SIM had not prepared any report required by section 126(1) of the PIA for the financial year ending before the commencement day, s. 62 -- 86 of 325 -- Part 3—Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 71 Authorised by the Chief Parliamentary Counsel the Victorian Inspectorate must prepare that report. (3) If, before the commencement day, the SIM had prepared any report required by section 126(1) of the PIA for the financial year ending before the commencement day but that report has not been presented to each House of the Parliament under section 126 of the PIA, the Victorian Inspectorate must present that report to each House of the Parliament in accordance with the applicable requirements of section 126 of the PIA as in force immediately before its repeal. (4) For the purposes of subclause (2) or (3)— (a) if the report relates to a whole financial year completed before the repeal of the PIA, the Victorian Inspectorate may prepare a report referred to in those subclauses as a separate report and present the report to each House of the Parliament in accordance with section 126 of the PIA as in force immediately before its repeal; or (b) if the report relates to a partial financial year completed before the repeal of the PIA, the Victorian Inspectorate may prepare a report referred to in those subclauses as part of its own annual report under section 38.". __________________ s. 62 -- 87 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 72 Authorised by the Chief Parliamentary Counsel PART 4—CONSEQUENTIAL AND OTHER AMENDMENTS Division 1—Telecommunications (Interception) (State Provisions) Act 1988 63 Purposes In section 1 of the Telecommunications (Interception) (State Provisions) Act 1988 omit "and the Office of Police Integrity". 64 Definitions In section 3(1) of the Telecommunications (Interception) (State Provisions) Act 1988— (a) the definitions of Director, member of staff of the Office of Police Integrity, Office of Police Integrity, Police Integrity Minister and Special Investigations Monitor are repealed; (b) in the definition of agency— (i) in paragraph (d) after "in force;" insert "or"; (ii) in paragraph (e), for "Office of Police Integrity" substitute "IBAC"; (c) for the definition of inspecting officer substitute— "inspecting officer means a Victorian Inspectorate Officer;"; s. 63 See: Act No. 46/1988. Reprint No. 2 as at 7 May 2009 and amending Act Nos 69/2009, 87/2009, 72/2011 and 13/2012. LawToday: www. legislation. vic.gov.au -- 88 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 73 Authorised by the Chief Parliamentary Counsel (d) insert the following definitions— "IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti- corruption Commission Act 2011; Inspector has the same meaning as it has in the Victorian Inspectorate Act 2011; Minister means the Minister administering the Independent Broad-based Anti- corruption Commission Act 2011; Victorian Inspectorate has the same meaning as it has in the Victorian Inspectorate Act 2011; Victorian Inspectorate Officer has the same meaning as it has in the Victorian Inspectorate Act 2011;". 65 Documents to be given to the Minister In section 7 of the Telecommunications (Interception) (State Provisions) Act 1988— (a) subsection (1)(a) is repealed; (b) subsection (2)(a) is repealed. 66 Documents to be given by State Police Minister to Commonwealth Minister Section 8(a) and (b) of the Telecommunications (Interception) (State Provisions) Act 1988 are repealed. 67 Functions of the Office of Police Integrity Part 2A of the Telecommunications (Interception) (State Provisions) Act 1988 is repealed. s. 65 -- 89 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 74 Authorised by the Chief Parliamentary Counsel 68 Heading to Part 3 amended In the heading to Part 3 of the Telecommunications (Interception) (State Provisions) Act 1988 for "SPECIAL INVESTIGATIONS MONITOR" substitute "VICTORIAN INSPECTORATE". 69 Functions—generally In section 10 of the Telecommunications (Interception) (State Provisions) Act 1988— (a) for "Special Investigations Monitor" substitute "Victorian Inspectorate"; (b) for paragraph (b) substitute— "(b) inspect records of the IBAC in order to ascertain the extent of compliance by IBAC Officers with Part 2B;"; (c) in paragraph (c) omit "Police Integrity". 70 Section 11 substituted For section 11 of the Telecommunications (Interception) (State Provisions) Act 1988 substitute— "11 Regular inspections of records of Police Force (1) The Victorian Inspectorate must inspect the records of the Police Force at least twice during each financial year in order to ascertain the extent to which the officers of the Police Force have complied with Part 2 since the last inspection under this Division of the records of the Police Force. (2) The Victorian Inspectorate may, at any time, inspect records of the Police Force in order to ascertain the extent to which officers of the Police Force have complied, during any period, with Part 2. s. 68 -- 90 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 75 Authorised by the Chief Parliamentary Counsel (3) Despite subsection (1), any inspection done by the Special Investigations Monitor under section 11 as in force immediately before its substitution by the Integrity and Accountability Legislation Amendment Act 2012 during the financial year in which this section is substituted is taken to be an inspection by the Victorian Inspectorate required to be done by the Victorian Inspectorate under subsection (1) during that financial year.". 71 Reports In section 12 of the Telecommunications (Interception) (State Provisions) Act 1988, for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". 72 Section 13 amended (1) For the heading to section 13 of the Telecommunications (Interception) (State Provisions) Act 1988 substitute— "Victorian Inspectorate may report on contraventions". (2) In section 13 of the Telecommunications (Interception) (State Provisions) Act 1988, for "Special Investigations Monitor" (where twice occurring) substitute "Victorian Inspectorate". (3) In section 13(b) of the Telecommunications (Interception) (State Provisions) Act 1988, for "section 7(1)(a) or (b)" substitute "section 7(1)(b)". s. 71 -- 91 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 76 Authorised by the Chief Parliamentary Counsel 73 Division 3 of Part 3 substituted For Division 3 of Part 3 of the Telecommunications (Interception) (State Provisions) Act 1988 substitute— "Division 3—Inspection of records of the IBAC 14 Regular inspections of records of the IBAC (1) The Victorian Inspectorate must inspect the records of the IBAC— (a) at least once during the period beginning on the commencement day and ending on the following 30 June; and (b) at least twice during each financial year beginning after the 30 June referred to in paragraph (a)— in order to ascertain the extent to which IBAC Officers have complied with Part 2B since the commencement day, or since the last inspection under this Division of the records of the IBAC, as the case requires. (2) The Victorian Inspectorate may at any time inspect records of the IBAC in order to ascertain the extent to which IBAC Officers have complied, during any period, with Part 2B. (3) In this section— commencement day means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation. s. 73 -- 92 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 77 Authorised by the Chief Parliamentary Counsel 15 Reports (1) The Victorian Inspectorate must, as soon as practicable, and in any event within 3 months, after the end of each financial year, report to the Minister in writing about the results of the inspections of records of the IBAC under section 14(1) during that financial year. (2) The Victorian Inspectorate may report to the Minister in writing at any time about the results of an inspection under this Division and must do so if so requested by the Minister or the Attorney-General. (3) The Victorian Inspectorate must give a copy of a report under subsection (1) or (2) to the IBAC Commissioner and to the Attorney- General. 16 Victorian Inspectorate may report on contraventions If, as a result of an inspection under this Division of the records of the IBAC, the Victorian Inspectorate is of the opinion that an IBAC Officer has contravened a provision of the Commonwealth Act or a requirement referred to in section 9GA(1)(a), the Victorian Inspectorate may include a report on that contravention in its report.". 74 Definitions for Division 4 of Part 3 In section 17 of the Telecommunications (Interception) (State Provisions) Act 1988— (a) in paragraph (b) of the definition of relevant agency, for "Office of Police Integrity" (where twice occurring) substitute "IBAC"; s. 74 -- 93 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 78 Authorised by the Chief Parliamentary Counsel (b) in paragraph (b) of the definition of relevant agency head— (i) for "Director" substitute "IBAC Commissioner"; (ii) for "Office of Police Integrity" substitute "IBAC"; (c) for paragraph (b) of the definition of relevant person substitute— "(b) an IBAC Officer, in relation to an inspection of the records of the IBAC.". 75 Section 18 amended (1) In the heading to section 18 of the Telecommunications (Interception) (State Provisions) Act 1988, for "Special Investigations Monitor's" substitute "Victorian Inspectorate's". (2) In section 18(1) of the Telecommunications (Interception) (State Provisions) Act 1988, for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". (3) For section 18(2) of the Telecommunications (Interception) (State Provisions) Act 1988 substitute— "(2) The relevant agency head must ensure that relevant persons provide to the Victorian Inspectorate any assistance that the Victorian Inspectorate reasonably requires in connection with the exercise of the Victorian Inspectorate's functions under this Part in relation to the relevant agency.". s. 75 -- 94 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 79 Authorised by the Chief Parliamentary Counsel 76 Power to obtain relevant information In section 19 of the Telecommunications (Interception) (State Provisions) Act 1988, for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". 77 Headings to sections 20 and 20B amended (1) In the heading to section 20 of the Telecommunications (Interception) (State Provisions) Act 1988 for "Special Investigations Monitor" substitute "Victorian Inspectorate". (2) In the heading section 20B of the Telecommunications (Interception) (State Provisions) Act 1988 for "Special Investigations Monitor" substitute "Victorian Inspectorate". 78 Section 20C substituted For section 20C of the Telecommunications (Interception) (State Provisions) Act 1988 substitute— "20C Delegation by Victorian Inspectorate The Victorian Inspectorate may delegate to an inspecting officer any of the Victorian Inspectorate's functions or powers under this Act, other than— (a) this power of delegation; and (b) a power to report to the Police Minister or the Minister.". 79 Copies of reports for Commonwealth Minister In section 21 of the Telecommunications (Interception) (State Provisions) Act 1988— (a) omit "Police Integrity"; (b) for "to the Minister" substitute "to the Police Minister or to the Minister". s. 76 -- 95 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 80 Authorised by the Chief Parliamentary Counsel 80 Offences relating to inspections under Part 3 In section 23(2)(a) of the Telecommunications (Interception) (State Provisions) Act 1988, for "Special Investigations Monitor's" substitute "Victorian Inspectorate's". 81 New sections 25 and 26 inserted After section 24 of the Telecommunications (Interception) (State Provisions) Act 1988 insert— "25 Transitional provisions—Independent Broad-based Anti-corruption Commission Act 2011 (1) On and from the commencement day, any functions, duties or obligations of the Director under Part 2A, as in force immediately before its repeal, that are not completed by the Director before the commencement day must be performed by the IBAC Commissioner. (2) Without limiting subsection (1), despite the repeal of Part 2A, the IBAC must comply with any reporting requirements of the Director under that Part if those requirements have not been completed before the commencement day and for that purpose, that Part, as in force immediately before its repeal, applies as if a reference to the Director were a reference to the IBAC Commissioner. (3) In this section— commencement day means the day on which section 16 of the Independent Broad- based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 comes into operation; s. 80 -- 96 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 81 Authorised by the Chief Parliamentary Counsel Director means the Director, Police Integrity under section 7 of the Police Integrity Act 2008 as in force immediately before its repeal. 26 Transitional provisions—Victorian Inspectorate Act 2011 (1) On and from the commencement day, any functions, duties or obligations of the SIM under Part 3 as in force immediately before the commencement day that are not completed by the SIM before the commencement day must be performed by the Victorian Inspectorate. (2) Without limiting subsection (1), despite the substitution of Division 3 of Part 3 by the Integrity and Accountability Legislation Amendment Act 2012, the Inspector must comply with any reporting requirements of the SIM under that Division of that Part if those requirements have not been completed before that substitution and for that purpose, that Division of that Part, as in force immediately before its substitution, applies as if a reference to the SIM were a reference to the Victorian Inspectorate. (3) In this section— commencement day means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation; SIM means the Special Investigations Monitor appointed under section 5 of the Major Crime (Special Investigations Monitor) Act 2004 as in force immediately before its repeal.". s. 81 -- 97 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 82 Authorised by the Chief Parliamentary Counsel Division 2—Crimes (Assumed Identities) Act 2004 82 Definitions (1) In section 3 of the Crimes (Assumed Identities) Act 2004, the definitions of Director, Office of Police Integrity and prescribed member of staff of the Office of Police Integrity are repealed. (2) In section 3 of the Crimes (Assumed Identities) Act 2004 insert the following definitions— "Commissioner has the same meaning as it has in the Independent Broad-based Anti- corruption Commission Act 2011; IBAC means the Independent Broad-based Anti- corruption Commission established under the Independent Broad-based Anti-corruption Commission Act 2011; prescribed IBAC Officer means a sworn IBAC Officer within the meaning of section 3(1) of the Independent Broad-based Anti- corruption Commission Act 2011 who holds a position, or is a member of a class, that is prescribed by the regulations for the purposes of this definition;". (3) In section 3 of the Crimes (Assumed Identities) Act 2004, in the definition of chief officer, for paragraph (a)(iii) substitute— "(iii) in relation to the IBAC—the Commissioner;". (4) In section 3 of the Crimes (Assumed Identities) Act 2004, in the definition of law enforcement agency, for paragraph (c) substitute— "(c) the IBAC;". s. 82 See: Act No. 15/2004. Reprint No. 1 as at 1 July 2006 and amending Act No. 34/2008. LawToday: www. legislation. vic.gov.au -- 98 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 83 Authorised by the Chief Parliamentary Counsel (5) In section 3 of the Crimes (Assumed Identities) Act 2004, in the definition of law enforcement officer, for paragraph (c) substitute— "(c) in relation to the IBAC—a prescribed IBAC Officer;". 83 Determination of applications In section 5(4)(c) of the Crimes (Assumed Identities) Act 2004, for "Office of Police Integrity" substitute "IBAC". 84 Delegation of chief officer's functions (1) In section 34(4) of the Crimes (Assumed Identities) Act 2004, for "section 21 of the Police Integrity Act 2008" substitute "section 26 of the Independent Broad-based Anti-corruption Commission Act 2011". (2) In section 34(5) of the Crimes (Assumed Identities) Act 2004, for paragraph (c) of the definition of senior officer substitute— "(c) in relation to the IBAC—an IBAC Officer who holds a position, or is a member of a class, that is prescribed for the purposes of this definition.". 85 New section 37 inserted After section 36 of the Crimes (Assumed Identities) Act 2004 insert— "37 Transitional provisions—Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 (1) On and from the commencement day, an authority to acquire or use an assumed identity granted by the Director or the Director's delegate to an authorised officer continues in force despite the amendments to s. 83 -- 99 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 84 Authorised by the Chief Parliamentary Counsel this Act by the Integrity and Accountability Legislation Amendment Act 2012 if that authorised officer is employed by the IBAC on that day. (2) An authority referred to in subsection (1) is taken to be an authority granted by the Commissioner. (3) An authorised officer in respect of whom an authority referred to in subsection (1) is continued is taken to be a prescribed IBAC Officer for the purposes of that authority only. (4) On and from the commencement day, an authority to acquire or use an assumed identity granted by the Director or the Director's delegate to an authorised civilian that is in force immediately before that day— (a) subject to section 7, continues in force in accordance with its terms (unless cancelled sooner); and (b) is taken to have been granted by the Commissioner; and (c) the Commissioner is taken to be the supervisor in respect of that authority. (5) If, before the commencement day, the Director had not prepared the report required by section 31 for the financial year ending before the commencement day, the Commissioner must prepare that report. (6) If, before the commencement day, the Director had not conducted the audit required by section 33, the Commissioner must conduct that audit as if the authority was granted by the Commissioner. s. 85 -- 100 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 85 Authorised by the Chief Parliamentary Counsel (7) In this section— commencement day means the day on which section 16 of the Independent Broad- based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 comes into operation; Director means the Director, Police Integrity under section 7 of the Police Integrity Act 2008 as in force immediately before its repeal.". Division 3—Crimes (Controlled Operations) Act 2004 86 Definitions (1) In section 3 of the Crimes (Controlled Operations) Act 2004— (a) in the definition of chief officer, for paragraph (b) substitute— "(b) in relation to the IBAC—the Commissioner;"; (b) in the definition of law enforcement agency, in paragraph (b), for "Office of Police Integrity" substitute "IBAC"; (c) in the definition of law enforcement officer, for paragraph (b) substitute— "(b) in relation to the IBAC—an IBAC Officer who holds a position, or is a member of a class, that is prescribed for the purposes of this definition;". (2) In section 3 of the Crimes (Controlled Operations) Act 2004, the definitions of Director, Office of Police Integrity, prescribed member of staff of the Office of Police Integrity and Special Investigations Monitor are repealed. s. 86 See: Act No. 16/2004 and amending Act Nos 63/2004, 69/2004, 87/2005, 34/2008, 39/2008, 45/2008, 7/2010, 29/2011 and 43/2012. LawToday: www. legislation. vic.gov.au -- 101 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 86 Authorised by the Chief Parliamentary Counsel (3) In section 3 of the Crimes (Controlled Operations) Act 2004, in the definition of Victoria Police, for "1958." substitute "1958;". (4) In section 3 of the Crimes (Controlled Operations) Act 2004 insert the following definitions— "Commissioner has the same meaning as it has in the Independent Broad-based Anti- corruption Commission Act 2011; IBAC means the Independent Broad-based Anti- corruption Commission established under the Independent Broad-based Anti-corruption Commission Act 2011; Inspector has the same meaning as it has in the Victorian Inspectorate Act 2011; prescribed IBAC Officer means a sworn IBAC Officer within the meaning of section 3(1) of the Independent Broad-based Anti- corruption Commission Act 2011 who holds a position, or is a member of a class, that is prescribed by the regulations for the purposes of this definition; Victorian Inspectorate has the same meaning as it has in the Victorian Inspectorate Act 2011.". 87 Unauthorised disclosure of information For section 36(1)(c)(iv) of the Crimes (Controlled Operations) Act 2004 substitute— "(iv) in accordance with Part IVA of the Police Regulation Act 1958, the Independent Broad-based Anti-corruption Commission Act 2011, Part 5 or 6 of the Information Privacy Act 2000 or the Victorian Inspectorate Act 2011.". s. 87 -- 102 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 87 Authorised by the Chief Parliamentary Counsel 88 Chief officers' reports In sections 38(1) and 38(4) of the Crimes (Controlled Operations) Act 2004, for "Special Investigations Monitor" substitute "Victorian Inspectorate". 89 Annual report by Special Investigations Monitor (1) In the heading to section 39 of the Crimes (Controlled Operations) Act 2004, for "Special Investigations Monitor" substitute "Victorian Inspectorate". (2) In section 39 of the Crimes (Controlled Operations) Act 2004, for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". 90 Inspection of records by Special Investigations Monitor (1) In the heading to section 42 of the Crimes (Controlled Operations) Act 2004, for "Special Investigations Monitor" substitute "Victorian Inspectorate". (2) In section 42 of the Crimes (Controlled Operations) Act 2004, for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". 91 Delegations within the Office of Police Integrity (1) In the heading to section 45 of the Crimes (Controlled Operations) Act 2004, for "the Office of Police Integrity" substitute "the IBAC". (2) In section 45(1) of the Crimes (Controlled Operations) Act 2004, for "the Office of Police Integrity" (where twice occurring) substitute "IBAC". s. 88 -- 103 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 88 Authorised by the Chief Parliamentary Counsel (3) In section 45(2) of the Crimes (Controlled Operations) Act 2004, in the definition of senior officer, for "the Office of Police Integrity means a prescribed member of staff of the Office of Police Integrity" substitute "the IBAC means a prescribed IBAC Officer". 92 New section 48 inserted After section 47 of the Crimes (Controlled Operations) Act 2004 insert— "48 Savings provision (1) Sections 40 and 41 apply to the Commissioner in respect of the documents and the register previously kept by the Director in relation to the Office of Police Integrity immediately before the commencement of section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012. (2) Subsection (1) applies in addition to the Commissioner's functions under sections 40 and 41 as the chief officer of a law enforcement agency.". 93 New section 60 inserted After section 59 of the Crimes (Controlled Operations) Act 2004 insert— "60 Transitional provisions—Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 (1) An authority granted by the Director that was in force immediately before the commencement day is taken on and from the commencement day to be an authority granted by the Commissioner. s. 92 -- 104 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 89 Authorised by the Chief Parliamentary Counsel (2) A law enforcement participant identified in a formal authority or an urgent authority granted by the Director before the commencement day who is employed by the IBAC on the commencement day continues to be a participant in the controlled operation on and from the commencement day. (3) A law enforcement participant identified in a formal authority or an urgent authority granted by the Director before the commencement day who is a member of Victoria Police or member of the police force or police service (however described) of another jurisdiction, who is seconded to the Office of Police Integrity immediately before the commencement day, on and from the commencement day— (a) continues to be a participant in the controlled operation; and (b) is taken to be a law enforcement officer in relation to the IBAC for the purposes of that authority only. (4) A civilian participant identified in a formal authority or an urgent authority granted by the Director before the commencement day who is engaged by the IBAC on the commencement day continues to be a participant in the controlled operation on and from the commencement day. (5) If, before the commencement day, the Director had not included details of an authorised operation that was conducted on behalf of an agency in a report submitted under section 38, the Commissioner must include the details relating to that operation that are required by that section in the first s. 93 -- 105 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 90 Authorised by the Chief Parliamentary Counsel report submitted under that section after the commencement day. (6) If, before the commencement day, the Special Investigations Monitor had not prepared the report required by section 39 in respect of any law enforcement agency for the financial year ending before the commencement day— (a) the Victorian Inspectorate must prepare that report; and (b) for that purpose, the Victorian Inspectorate must take into account any report provided by a chief officer to the Special Investigations Monitor under section 38 as in force immediately before its amendment by the Integrity and Accountability Legislation Amendment Act 2012. (7) If, before the commencement day, the Special Investigations Monitor had commenced but not completed an inspection under section 42, the Victorian Inspectorate must complete that inspection. (8) In respect of any controlled operation commenced but not completed before the commencement day, the controlled operation may continue as if it were authorised by the IBAC. (9) In this section— commencement day means the day on which section 16 of the Independent Broad- based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 comes into operation; s. 93 -- 106 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 91 Authorised by the Chief Parliamentary Counsel Director means the Director, Police Integrity under section 7 of the Police Integrity Act 2008 as in force immediately before its repeal.". Division 4—Firearms Act 1996 94 Definitions (1) In section 3(1) of the Firearms Act 1996, the definitions of Director, Police Integrity and member of staff of the Office of Police Integrity are repealed. (2) In section 3(1) of the Firearms Act 1996 insert the following definitions— "IBAC has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011; senior IBAC Officer has the same meaning as it has in the Independent Broad-based Anti- corruption Commission Act 2011;". 95 Persons from whom and to whom a dealer can acquire and dispose of firearms In section 93(4)(ca) and 94(4)(ca) of the Firearms Act 1996— (a) for "member of staff of the Office of Police Integrity" substitute "senior IBAC Officer"; (b) in subparagraph (ii), for "section 103A of the Police Integrity Act 2008" substitute "section 77 of the Independent Broad- based Anti-corruption Commission Act 2011". s. 94 See: Act No. 66/1996. Reprint No. 6 as at 1 July 2011 and amending Act Nos 53/2010, 11/2011, 65/2011, 12/2012, 20/2012 and 43/2012. LawToday: www. legislation. vic.gov.au -- 107 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 92 Authorised by the Chief Parliamentary Counsel 96 Offence to acquire a firearm without a permit (1) In section 102(4A) of the Firearms Act 1996, for "member of staff of the Office of Police Integrity who is authorised under section 103A of the Police Integrity Act 2008" substitute "senior IBAC Officer who is authorised under section 77 of the Independent Broad-based Anti- corruption Commission Act 2011". (2) In section 120(2) of the Firearms Act 1996, for "Director, Police Integrity" substitute "IBAC". 97 Offence to carry or use a firearm in certain places For section 130(2)(ab) of the Firearms Act 1996 substitute— "(ab) any senior IBAC Officer when carrying out the purposes for which firearms may be possessed, carried and used, and as authorised under Part 5 of the Independent Broad-based Anti-corruption Commission Act 2011; or". 98 Offence to possess, carry or use a firearm on private property without consent For section 131(3)(ab) of the Firearms Act 1996 substitute— "(ab) any senior IBAC Officer when carrying out the purposes for which firearms may be possessed, carried and used, and as authorised under Part 5 of the Independent Broad-based Anti-corruption Commission Act 2011; or". s. 96 -- 108 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 93 Authorised by the Chief Parliamentary Counsel 99 Non-prohibited Persons who are Exempt from Requirement to hold a Licence under Part 2 (1) Items 14 and 15 of Schedule 3 to the Firearms Act 1996 are repealed. (2) After item 13 of Schedule 3 to the Firearms Act 1996 insert— " 14 A senior IBAC Officer. When carrying out the purposes for which firearms may be possessed, carried and used, and as authorised under Part 5 of the Independent Broad-based Anti-corruption Commission Act 2011. ". Division 5—Fisheries Act 1995 100 Definitions for Part 7A (1) In section 131A of the Fisheries Act 1995 insert the following definition— "Victorian Inspectorate has the same meaning as it has in the Victorian Inspectorate Act 2011;". (2) In section 131A of the Fisheries Act 1995 the definition of Special Investigations Monitor is repealed. 101 Unauthorised disclosure of information In section 131Q(1)(c)(iv) of the Fisheries Act 1995, for "Police Integrity Act 2008" substitute "Independent Broad-based Anti-corruption Commission Act 2011, the Victorian Inspectorate Act 2011". s. 99 See: Act No. 92/1995. Reprint No. 6 as at 20 August 2009 and amending Act Nos 68/2009, 69/2009, 7/2010, 74/2010, 21/2011 and 29/2011. LawToday: www. legislation. vic.gov.au -- 109 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 94 Authorised by the Chief Parliamentary Counsel 102 Secretary's reports In section 131S(1) and (3) of the Fisheries Act 1995, for "Special Investigations Monitor" substitute "Victorian Inspectorate". 103 Section 131T amended (1) In the heading to section 131T of the Fisheries Act 1995, for "Special Investigations Monitor" substitute "Victorian Inspectorate". (2) In section 131T(1), (2)(a), (3) and (4) of the Fisheries Act 1995, for "Special Investigations Monitor" substitute "Victorian Inspectorate". (3) For section 131T(5) of the Fisheries Act 1995 substitute— "(5) The Victorian Inspectorate must transmit the report to each House of Parliament as soon as practicable after the earlier of— (a) the day on which the Victorian Inspectorate received the Secretary's advice under subsection (3); (b) 14 days after the day the Victorian Inspectorate gave the report to the Secretary.". (4) For section 131T(7) of the Fisheries Act 1995 substitute— "(7) A report under this section may be combined with a report of the Victorian Inspectorate under section 39 of the Crimes (Controlled Operations) Act 2004.". 104 Section 131W amended (1) In the heading to section 131W of the Fisheries Act 1995, for "Special Investigations Monitor" substitute "Victorian Inspectorate". s. 102 -- 110 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 95 Authorised by the Chief Parliamentary Counsel (2) In section 131W(1) of the Fisheries Act 1995, for "Special Investigations Monitor" substitute "Victorian Inspectorate". (3) In section 131W(2) of the Fisheries Act 1995, for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". (4) In section 131W(3) of the Fisheries Act 1995, for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". 105 New section 163E inserted After section 163D of the Fisheries Act 1995 insert— "163E Transitional provision—Integrity and Accountability Legislation Amendment Act 2012 (1) If, before the commencement day, the Special Investigations Monitor had not prepared the report required by section 131T for the financial year ending before the commencement day, the Victorian Inspectorate must prepare and transmit the report. (2) An inspection undertaken by the Special Investigations Monitor under section 131W in the 12 months ending immediately before the commencement day is taken to be an inspection undertaken by the Victorian Inspectorate. (3) In this section, commencement day means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation.". s. 105 -- 111 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 96 Authorised by the Chief Parliamentary Counsel Division 6—Major Crime (Investigative Powers) Act 2004 106 Definitions In section 3 of the Major Crime (Investigative Powers) Act 2004— (a) the definition of Special Investigations Monitor is repealed; (b) insert the following definition— "Victorian Inspectorate has the same meaning as it has in the Victorian Inspectorate Act 2011;". 107 Preliminary requirements In section 31(1)(g) of the Major Crime (Investigative Powers) Act 2004, for "Special Investigations Monitor" substitute "Victorian Inspectorate". 108 Restriction on publication of evidence In section 43(6) of the Major Crime (Investigative Powers) Act 2004— (a) for "Special Investigations Monitor under this Act" substitute "Victorian Inspectorate under this Act or any other Act"; (b) after "right under this Act" insert "or any other Act"; (c) for "to the Special Investigations Monitor" substitute "to the Victorian Inspectorate". s. 106 See: Act No. 79/2004. Reprint No. 2 as at 2 April 2009 and amending Act Nos 79/2004, 3/2009, 69/2009, 87/2009, 67/2011, 72/2011, 13/2012 and 52/2012. LawToday: www. legislation. vic.gov.au -- 112 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 97 Authorised by the Chief Parliamentary Counsel 109 Heading to Part 5 amended In the heading to Part 5 of the Major Crime (Investigative Powers) Act 2004, for "SPECIAL INVESTIGATIONS MONITOR" substitute "VICTORIAN INSPECTORATE". 110 Section 51 substituted For section 51 of the Major Crime (Investigative Powers) Act 2004 substitute— "51 Functions of the Victorian Inspectorate under this Part The functions of the Victorian Inspectorate under this Part are— (a) to monitor compliance with this Act by the Chief Examiner, the Examiners, the Chief Commissioner and other members of the police force; and (b) to assess the relevance of any questions asked by the Chief Examiner or an Examiner during an examination to the investigation of the organised crime offence in relation to which the coercive powers order was made; and (c) to assess the relevance of any requirement made by the Chief Examiner or an Examiner for a person to produce a document or other thing to the investigation of the organised crime offence in relation to which the coercive powers order was made; and (d) to assess the effectiveness and appropriateness of the policies and procedures of the Chief Examiner which relate to the legality and propriety of the Chief Examiner's activities; and s. 109 -- 113 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 98 Authorised by the Chief Parliamentary Counsel (e) to formulate recommendations and make reports as a result of performing functions under paragraphs (a), (b), (c) and (d). Note See also section 9(2)(g) and (h) of the Victorian Inspectorate Act 2011.". 111 Section 52 amended (1) In the heading to section 52 of the Major Crime (Investigative Powers) Act 2004, for "Special Investigations Monitor" substitute "Victorian Inspectorate". (2) In section 52 of the Major Crime (Investigative Powers) Act 2004, for "Special Investigations Monitor" substitute "Victorian Inspectorate". 112 Section 53 amended (1) In the heading to section 53 of the Major Crime (Investigative Powers) Act 2004, for "Special Investigations Monitor" substitute "Victorian Inspectorate". (2) In section 53(1) of the Major Crime (Investigative Powers) Act 2004, for "Special Investigations Monitor" substitute "Victorian Inspectorate". 113 Section 54 substituted For section 54 of the Major Crime (Investigative Powers) Act 2004 substitute— "54 Complaint to Victorian Inspectorate A person to whom a witness summons is directed or who is the subject of an order under section 18 may make a complaint to the Victorian Inspectorate in accordance with section 29(7) and (8) of the Victorian Inspectorate Act 2011.". s. 111 -- 114 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 99 Authorised by the Chief Parliamentary Counsel 114 Section 55 repealed Section 55 of the Major Crime (Investigative Powers) Act 2004 is repealed. 115 Section 56 repealed Section 56 of the Major Crime (Investigative Powers) Act 2004 is repealed. 116 Recommendations by Special Investigations Monitor (1) In the heading to section 57 of the Major Crime (Investigative Powers) Act 2004, for "Special Investigations Monitor" substitute "Victorian Inspectorate". (2) In section 57(1), (3) and (4) of the Major Crime (Investigative Powers) Act 2004 for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". 117 Section 58 substituted For section 58 of the Major Crime (Investigative Powers) Act 2004 substitute— "58 Requirement to provide assistance (1) The Chief Examiner and each Examiner must give the Victorian Inspectorate any assistance the Victorian Inspectorate reasonably requires to enable the Victorian Inspectorate to perform its functions under this Act or any other Act. (2) The Chief Commissioner must give, and must ensure that each member of the police force gives, the Victorian Inspectorate any assistance the Victorian Inspectorate reasonably requires to enable the Victorian Inspectorate to perform its functions under this Act or any other Act.". s. 114 -- 115 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 100 Authorised by the Chief Parliamentary Counsel 118 Powers of entry and access (1) In section 59(1) of the Major Crime (Investigative Powers) Act 2004— (a) for "his or her" substitute "the Victorian Inspectorate's"; (b) for "Special Investigations Monitor's" (where twice occurring) substitute "Victorian Inspectorate's"; (c) for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". (2) In section 59(2) of the Major Crime (Investigative Powers) Act 2004— (a) for "he or she" substitute "the Victorian Inspectorate"; (b) for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". 119 Requirement to answer questions and produce documents In section 60 of the Major Crime (Investigative Powers) Act 2004— (a) for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate"; (b) in subsection (5) for "he or she" substitute "the Victorian Inspectorate". 120 Section 61 amended (1) In the heading to section 61 of the Major Crime (Investigative Powers) Act 2004, for "Special Investigations Monitor" substitute "Victorian Inspectorate". s. 118 -- 116 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 101 Authorised by the Chief Parliamentary Counsel (2) In section 61(1) of the Major Crime (Investigative Powers) Act 2004— (a) for "Special Investigations Monitor must" substitute "Victorian Inspectorate must"; (b) for "Special Investigations Monitor's functions" substitute "Victorian Inspectorate's functions". (3) In section 61(2)(c) and (d) of the Major Crime (Investigative Powers) Act 2004, for "Special Investigations Monitor" substitute "Victorian Inspectorate". (4) In section 61(3) of the Major Crime (Investigative Powers) Act 2004— (a) for "Special Investigations Monitor may" substitute "Victorian Inspectorate may"; (b) for "Special Investigations Monitor's functions" substitute "Victorian Inspectorate's functions". 121 Report on operation of this Part Section 62 of the Major Crime (Investigative Powers) Act 2004 is repealed. 122 Crown privilege or secrecy does not apply In section 63 of the Major Crime (Investigative Powers) Act 2004, for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". 123 Obstruction (1) In section 64(1) of the Major Crime (Investigative Powers) Act 2004, for "Special Investigations Monitor in the performance of the Special Investigations Monitor's" substitute "Inspector in the performance of the Inspector's". s. 121 -- 117 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 102 Authorised by the Chief Parliamentary Counsel (2) For section 64(2)(a) of the Major Crime (Investigative Powers) Act 2004 substitute— "(a) by the Inspector; or". 124 Delegation (1) In section 65(5) of the Major Crime (Investigative Powers) Act 2004— (a) for "The Special Investigations Monitor" substitute "The Victorian Inspectorate"; (b) for "in the office of the Special Investigations Monitor" substitute "of the Victorian Inspectorate"; (c) for "Special Investigations Monitor under" substitute "Victorian Inspectorate under". (2) In section 65(5)(a) of the Major Crime (Investigative Powers) Act 2004 omit "or 62". 125 Obligations of Chief Commissioner In section 66 of the Major Crime (Investigative Powers) Act 2004— (a) in paragraph (b), for "Special Investigations Monitor" substitute "Victorian Inspectorate"; (b) in paragraph (c), for "Special Investigations Monitor" (where twice occurring) substitute "Victorian Inspectorate". 126 Secrecy (1) Section 68(1)(c) and (d) of the Major Crime (Investigative Powers) Act 2004 are repealed. (2) In section 68(3) of the Major Crime (Investigative Powers) Act 2004, omit ", the Special Investigations Monitor". s. 124 -- 118 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 103 Authorised by the Chief Parliamentary Counsel 127 Exemption from Freedom of Information Act 1982 In section 69 of the Major Crime (Investigative Powers) Act 2004, for "Special Investigations Monitor" (where twice occurring) substitute "Victorian Inspectorate". 128 New sections 71 and 72 inserted After section 70 of the Major Crime (Investigative Powers) Act 2004 insert— "71 Transitional provision—Complaints to the SIM (1) A person referred to in section 54(1) who, immediately before the commencement of section 147 of the Integrity and Accountability Legislation Amendment Act 2012 could have made a complaint to the SIM under section 54(1) may instead make a complaint to the Victorian Inspectorate. (2) A complaint referred to in subsection (1)— (a) must be limited to a complaint about a matter set out in section 54(1); and (b) must be made within 3 days after the day on which the person was excused from attendance. (3) If, before the commencement of section 147 of the Integrity and Accountability Legislation Amendment Act 2012, the SIM— (a) had received a complaint made under section 54 but not commenced an investigation into the complaint; or (b) had commenced but not completed an investigation into a complaint made to the SIM under section 54— s. 127 -- 119 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 104 Authorised by the Chief Parliamentary Counsel the Victorian Inspectorate, on and from that commencement— (c) must investigate or complete the investigation of that complaint under section 56 as in force immediately before its repeal; and (d) for that purpose, sections 55 to 60 continue to apply as if— (i) those sections had not been repealed, amended or substituted; and (ii) any reference in those sections to the SIM were a reference to the Victorian Inspectorate. (4) In an investigation referred to in subsection (1), the Victorian Inspectorate is entitled to have regard to any evidence given or document or other thing produced in relation to that investigation before the commencement of section 147 of the Integrity and Accountability Legislation Amendment Act 2012. (5) In this section, SIM means the Special Investigations Monitor appointed under Part 2 of the Major Crime (Special Investigations Monitor) Act 2004 as in force immediately before its repeal. 72 Transitional provision—First annual report (1) For the purposes of the first annual report of the Victorian Inspectorate under section 61, a reference in that section to the performance of the Victorian Inspectorate's functions under this Act includes a reference to the performance of the SIM's functions under s. 128 -- 120 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 105 Authorised by the Chief Parliamentary Counsel this Act during the financial year to which that report relates. (2) In this section, SIM means the Special Investigations Monitor appointed under Part 2 of the Major Crime (Special Investigations Monitor) Act 2004 as in force immediately before its repeal.". Division 7—Sex Offenders Registration Act 2004 129 Purpose and objects (1) In section 1(1)(c) of the Sex Offenders Registration Act 2004 for "Police Ombudsman" substitute "IBAC". (2) In section 1(2)(h) of the Sex Offenders Registration Act 2004 for "Police Ombudsman" substitute "IBAC". 130 Definitions (1) In section 3 of the Sex Offenders Registration Act 2004, in the definition of supervising authority, in paragraph (b) for "belongs." substitute "belongs;". (2) In section 3 of the Sex Offenders Registration Act 2004, insert the following definitions— "IBAC has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011; IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; s. 129 See: Act No. 56/2004. Reprint No. 4 as at 16 July 2012. LawToday: www. legislation. vic.gov.au -- 121 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 106 Authorised by the Chief Parliamentary Counsel sworn IBAC Officer has the same meaning as it has in the Independent Broad-based Anti- corruption Commission Act 2011.". (3) In section 3 of the Sex Offenders Registration Act 2004, the definition of Director is repealed. 131 Appeal against order (1) In section 59(1) and (2) of the Sex Offenders Registration Act 2004, for "Director" substitute "IBAC". (2) In section 59(3) of the Sex Offenders Registration Act 2004, for "Director's" substitute "IBAC's". 132 When order takes effect In section 60(2)(c) of the Sex Offenders Registration Act 2004, for "Director" substitute "IBAC". 133 Sections 66A and 66B amended (1) In the heading to section 66A of the Sex Offenders Registration Act 2004, for "Director" substitute "IBAC". (2) In section 66A of the Sex Offenders Registration Act 2004, for "Director" substitute "IBAC". (3) In the heading to section 66B of the Sex Offenders Registration Act 2004, for "Director" substitute "IBAC". (4) In section 66B of the Sex Offenders Registration Act 2004— (a) for "Director" (wherever occurring) substitute "IBAC"; (b) for "Director's" substitute "IBAC's". s. 131 -- 122 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 107 Authorised by the Chief Parliamentary Counsel 134 Powers in relation to monitoring (1) In section 66C(1)(a) of the Sex Offenders Registration Act 2004— (a) for "Director" substitute "IBAC Commissioner"; (b) for "Director's" substitute "IBAC's". (2) For section 66C(2) of the Sex Offenders Registration Act 2004 substitute— "(2) For the purposes of this section, an authorised officer is— (a) the IBAC Commissioner; or (b) a sworn IBAC Officer who is authorised under subsection (3).". (3) For section 66C(3) of the Sex Offenders Registration Act 2004 substitute— "(3) The IBAC may authorise a sworn IBAC Officer to exercise the powers of an authorised officer under this section.". 135 Reports on monitoring compliance In section 66D of the Sex Offenders Registration Act 2004, for "Director" (where three times occurring) substitute "IBAC". 136 Exclusion of liability Section 71(2) of the Sex Offenders Registration Act 2004 is repealed. s. 134 -- 123 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 108 Authorised by the Chief Parliamentary Counsel 137 New section 73D inserted After section 73C of the Sex Offenders Registration Act 2004 insert— "73D Transitional provision—Integrity and Accountability Legislation Amendment Act 2012 (1) If, before the commencement day, the Director had received an appeal under section 59 but had not determined it, the IBAC must determine the appeal in accordance with that section. (2) If, before the commencement day, the Director has carried out an inspection under section 66C but has not provided a written report to the Minister under section 66D in relation to that inspection, on and from the commencement day, the IBAC may report on that inspection as if the IBAC had carried out that inspection. (3) If, before the commencement day, the Director had been requested under section 66D(2) by the Minister to give a report but had not commenced that report, or had commenced the report but not completed it, on and from the commencement day, the IBAC must give that report, or complete that report, as the case requires, as if the Minister had requested IBAC to make that report. (4) The IBAC must give a copy of a report referred to in subsection (3) to the Chief Commissioner in accordance with section 66D(3). s. 137 -- 124 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 109 Authorised by the Chief Parliamentary Counsel (5) In this section, commencement day means the day on which section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 comes into operation.". Division 8—Surveillance Devices Act 1999 138 Definitions (1) In section 3(1) of the Surveillance Devices Act 1999 insert the following definition— "Victorian Inspectorate has the same meaning as it has in the Victorian Inspectorate Act 2011;". (2) In section 3(1) of the Surveillance Devices Act 1999, the definition of Special Investigations Monitor is repealed. 139 Permitted use of local protected information In section 30F(1)(g) of the Surveillance Devices Act 1999, for "Special Investigations Monitor" substitute "Victorian Inspectorate". 140 Sections 30P and 30Q amended (1) In the heading to section 30P of the Surveillance Devices Act 1999, for "Special Investigations Monitor" substitute "Victorian Inspectorate". (2) In section 30P of the Surveillance Devices Act 1999, for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". (3) In the heading to section 30Q of the Surveillance Devices Act 1999, for "Special Investigations Monitor" substitute "Victorian Inspectorate". s. 138 See: Act No. 21/1999. Reprint No. 2 as at 27 May 2010 and amending Acts Nos 72/2011 and 13/2012. LawToday: www. legislation. vic.gov.au -- 125 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 110 Authorised by the Chief Parliamentary Counsel (4) In section 30Q of the Surveillance Devices Act 1999, for "Special Investigations Monitor" (where twice occurring) substitute "Victorian Inspectorate". 141 New sections 43 and 44 inserted After section 42 of the Surveillance Devices Act 1999 insert— "43 Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012 (1) An application made by an Office of Police Integrity law enforcement officer before the commencement day under Subdivision 2 or Subdivision 3 of Division 1 of Part 4, or under Division 2 of Part 4, that was not determined before that day is taken, on and from that commencement day, to be an application made by an IBAC law enforcement officer. (2) Any warrant issued to an Office of Police Integrity law enforcement officer before the commencement day under Subdivision 2 or Subdivision 3 of Division 1 of Part 4, or any order made under Division 2 of Part 4 on the application of an Office of Police Integrity law enforcement officer, on and from the commencement day— (a) remains in force; and (b) may be dealt with according to its terms by an IBAC law enforcement officer as if it had been issued to, or made on the application of, that IBAC law enforcement officer. (3) A surveillance device warrant issued to an Office of Police Integrity law enforcement officer before the commencement day may s. 141 -- 126 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 111 Authorised by the Chief Parliamentary Counsel be revoked under section 20A on and from the commencement day— (a) as if it had been issued to an IBAC law enforcement officer; and (b) as if a reference in that section to the chief officer of the law enforcement agency in relation to that warrant were a reference to the Commissioner; and (c) in relation to a surveillance device warrant referred to in section 20A(2), the Commissioner must revoke the warrant in accordance with that subsection. (4) If a surveillance device warrant to which section 20B applies was issued to an Office of Police Integrity law enforcement officer before the commencement day, on and from the commencement day— (a) that section applies as if the warrant had been issued to an IBAC law enforcement officer; and (b) a reference in that section to the chief officer of the law enforcement agency in relation to that warrant is taken to be a reference to the Commissioner. (5) A retrieval warrant issued to an Office of Police Integrity law enforcement officer before the commencement day may be revoked under section 20H on and from the commencement day— (a) as if it had been issued to an IBAC law enforcement officer; and s. 141 -- 127 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 112 Authorised by the Chief Parliamentary Counsel (b) as if a reference in that section to the chief officer of the law enforcement agency in relation to that warrant were a reference to the Commissioner; and (c) in relation to a retrieval warrant referred to in section 20H(3), the Commissioner must revoke the warrant in accordance with that subsection. (6) An authorisation given under Division 3 of Part 4 by an Office of Police Integrity senior officer before the commencement day, on and from that commencement day— (a) remains in force; and (b) may be dealt with according to its terms as if it were issued by an IBAC senior officer. (7) An application made under section 28 by an Office of Police Integrity senior officer before the commencement day that was not determined before that day is taken, on and from that commencement day, to be an application made by an IBAC senior officer. (8) On and from the commencement day, any obligation under section 30K relating to a warrant issued to an Office of Police Integrity law enforcement officer that had not been discharged before the commencement day must be discharged by an IBAC law enforcement officer in accordance with that section. (9) On and from the commencement day, any obligation under section 30L relating to the Office of Police Integrity that had not been discharged before the commencement day must be discharged by the Commissioner in accordance with that section. s. 141 -- 128 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 113 Authorised by the Chief Parliamentary Counsel (10) If, before the commencement day, the Special Investigations Monitor had commenced but not completed an investigation under section 30P, the Victorian Inspectorate must complete the investigation in accordance with that section. (11) If, before the commencement day, the Special Investigations Monitor had not completed its reporting obligations under section 30Q, the Victorian Inspectorate must complete the reporting obligations in accordance with that section. (12) In this section, commencement day means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation. 44 Transitional provisions—Public Interest Monitor and repeal of Police Integrity Act 2008 If, immediately before the repeal of the Police Integrity Act 2008 a law enforcement officer who is a prescribed member of staff of the Office of Police Integrity has made an application referred to in section 12A and the Public Interest Monitor has not, before the repeal of that Act, returned any document given by that officer to the Public Interest Monitor under section 12B or 12C in relation to that application, on and after the repeal of that Act, the Public Interest Monitor must return those documents to the IBAC.". s. 141 -- 129 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 114 Authorised by the Chief Parliamentary Counsel Division 9—Wildlife Act 1975 142 Definitions for Part IX (1) In section 71 of the Wildlife Act 1975 insert the following definition— "Victorian Inspectorate has the same meaning as it has in the Victorian Inspectorate Act 2011;". (2) In section 71 of the Wildlife Act 1975, the definition of Special Investigations Monitor is repealed. 143 Unauthorised disclosure of information In section 74M(1)(c)(iv) of the Wildlife Act 1975, for "Police Integrity Act 2008" substitute "Independent Broad-based Anti-corruption Commission Act 2011, the Victorian Inspectorate Act 2011". 144 Secretary's reports In section 74O(1) and (3) of the Wildlife Act 1975, for "Special Investigations Monitor" substitute "Victorian Inspectorate". 145 Sections 74P and 74S amended (1) In the heading to sections 74P and 74S of the Wildlife Act 1975, for "Special Investigations Monitor" substitute "Victorian Inspectorate". (2) In section 74P of the Wildlife Act 1975 for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". (3) In section 74S of the Wildlife Act 1975— (a) in subsection (1), for "Special Investigations Monitor" substitute "Victorian Inspectorate"; s. 142 See: Act No. 8699. Reprint No. 9 as at 27 April 2012 and amending Act Nos 65/2010 and 46/2012. LawToday: www. legislation. vic.gov.au -- 130 of 325 -- Part 4—Consequential and Other Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 115 Authorised by the Chief Parliamentary Counsel (b) in subsection (2), for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate"; (c) in subsection (3), for "Special Investigations Monitor" (wherever occurring) substitute "Victorian Inspectorate". 146 New section 97 inserted After section 96 of the Wildlife Act 1975 insert— "97 Transitional provision—Integrity and Accountability Legislation Amendment Act 2012 (1) If, before the commencement day, the Special Investigations Monitor had not prepared the report required by section 74P for the financial year ending before the commencement day, the Victorian Inspectorate must prepare and transmit that report. (2) An inspection undertaken by the Special Investigations Monitor under section 74S in the 12 months ending immediately before the commencement day is taken, on and from that commencement day to be an inspection undertaken by the Victorian Inspectorate. (3) In this section, commencement day means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation.". __________________ s. 146 -- 131 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 116 Authorised by the Chief Parliamentary Counsel PART 5—REPEAL AND FURTHER CONSEQUENTIAL AMENDMENTS Division 1—Repeal 147 Major Crime (Special Investigations Monitor) Act 2004 repealed The Major Crime (Special Investigations Monitor) Act 2004 is repealed. Division 2—Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 148 Delegation powers and other amendments to the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 (1) In section 4 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, in proposed section 3B of the Independent Broad-based Anti-corruption Commission Act 2011, in paragraph (a) of each definition of police personnel conduct, for "as or," substitute "as, or". (2) In section 8 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, in proposed section 26 of the Independent Broad-based Anti-corruption Commission Act 2011— (a) in proposed subsection (1) after "under this Act" insert "(including any duty, function or power delegated to the Commissioner under section 11)"; See: Act No. 62/2004. Reprint No. 1 as at 7 May 2009. LawToday: www. legislation. vic.gov.au s. 147 See: Act No. 13/2012. StatuteBook: www. legislation. vic.gov.au -- 132 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 117 Authorised by the Chief Parliamentary Counsel (b) in proposed subsection (2) after "under this Act" insert "(including any duty, function or power delegated to the Commissioner under section 11)"; (c) in proposed subsection (3) after "under this Act" insert "(including any duty, function or power delegated to the Deputy Commissioner under section 11 or this section)"; (d) in proposed subsection (4) after "under this Act" insert (including any duty, function or power delegated to the Chief Executive Officer under this section)"; (e) in proposed subsection (5) after "under this Act" insert "(including any duty, function or power delegated to the Commissioner under section 11)"; (f) in proposed subsection (6) after "under this Act" insert "(including any duty, function or power delegated to the Commissioner under section 11)". (3) In section 9 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012— (a) in proposed section 44 of the Independent Broad-based Anti-corruption Commission Act 2011, for "decision, an order or a judgment made" substitute "decision made, an order made or a judgment given"; (b) in proposed section 107(1) of the Independent Broad-based Anti-corruption Commission Act 2011 for "Any" substitute "Subject to sections 33C, 82J and 82K, any"; s. 148 -- 133 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 118 Authorised by the Chief Parliamentary Counsel (c) after proposed section 111(p) of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "(pa) the form of notice for the purposes of section 68(4);". 149 Section 14 amended (1) In section 14(1) of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 for 'insert "IBAC, the".' substitute 'insert "IBAC and the".'. (2) In section 14(2) of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012— (a) paragraph (a) is repealed; (b) in paragraph (b)— (i) for "after paragraph (b) insert" substitute "for paragraph (b) substitute"; (ii) for "(c) in relation to the IBAC" substitute "(b) in relation to the IBAC". 150 Section 15 amended (1) In section 15 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, for "After Part 2A" substitute "Before Part 3". (2) In section 15 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012— s. 149 -- 134 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 119 Authorised by the Chief Parliamentary Counsel (a) in proposed section 9F of the Telecommunications (Interception) (State Provisions) Act 1988— (i) after "The IBAC" insert "Commissioner"; (ii) in paragraph (b) after "the IBAC" insert "Commissioner"; (iii) in paragraph (e) after "the IBAC" insert "Commissioner"; (b) in proposed section 9G of the Telecommunications (Interception) (State Provisions) Act 1988— (i) in subsection (1) after "The IBAC" insert "Commissioner"; (ii) in subsection (2) after "The IBAC" insert "Commissioner"; (iii) in subsection (2) after "that the IBAC" insert "Commissioner"; (c) in proposed section 9H of the Telecommunications (Interception) (State Provisions) Act 1988— (i) in subsection (1) after "The IBAC" insert "Commissioner"; (ii) in subsection (2) after "The IBAC" insert "Commissioner"; (iii) in subsection (2) after "if the IBAC" insert "Commissioner"; (iv) in subsection (2), after "to the IBAC" insert ", other than a purpose connected with an inspection of the kind referred to in section 14 or with a report on such an inspection". s. 150 -- 135 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 120 Authorised by the Chief Parliamentary Counsel (3) In section 15 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, after proposed section 9G of the Telecommunications (Interception) (State Provisions) Act 1988 insert— "9GA Documents to be given to Minister (1) The IBAC Commissioner must give to the Minister— (a) within 3 months after a warrant issued to the IBAC ceases to be in force, a written report about— (i) the use made by the IBAC of information obtained by interceptions under the warrant; and (ii) the communication of that information to persons other than IBAC Officers; and (b) as soon as practicable, and in any event within 3 months, after each 30 June, a written report that sets out such information as— (i) Division 2 of Part 2–8 of the Commonwealth Act requires to be set out in the Minister's report under that Division relating to the year ending on that 30 June; and (ii) can be derived from the records of the IBAC. (2) The IBAC Commissioner must give to the Attorney-General a copy of each report referred to in subsection (1)(b). s. 150 -- 136 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 121 Authorised by the Chief Parliamentary Counsel 9GB Documents to be given by State Minister to Commonwealth Minister The Minister must give to the Minister administering the Commonwealth Act a copy of a report of a kind referred to in section 9GA(1)(a) or (b) as soon as practicable after the report is given to the Minister.". Division 3—Amendments to Independent Broad-based Anti- corruption Commission Amendment (Examinations) Act 2012 and Victorian Inspectorate Act 2011 151 Statute law revision and other amendments (1) In section 8(2) of the Independent Broad-based Anti-corruption Commission Amendment (Examinations) Act 2012, in proposed section 11(1A)(ab) of the Independent Broad-based Anti-corruption Commission Act 2011, for "82X, 82Z, 82ZK" substitute "82X(1), 82Z, 82ZK(1)". (2) In section 11 of the Independent Broad-based Anti-corruption Commission Amendment (Examinations) Act 2012— (a) in subsection (1)(a), for "49I(2)" substitute "49I(2),"; (b) in subsection (1)(b), for "82X, 82Z, 82ZK" substitute "82X(1), 82Z, 82ZK(1)"; (c) in subsection (3)(a), for "33C(4)" substitute "33C(4),"; (d) in subsection (3)(b), for "82X, 82Z, 82ZK" substitute "82X(1), 82Z, 82ZK(1)". (3) In section 21 of the Independent Broad-based Anti-corruption Commission Amendment (Examinations) Act 2012— s. 151 See: Act No. 28/2012. Statute Book: www. legislation. vic.gov.au -- 137 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 122 Authorised by the Chief Parliamentary Counsel (a) in proposed section 82N(2) of the Independent Broad-based Anti-corruption Commission Act 2011, after "making" insert "of"; (b) in proposed section 82ZF(5) of the Independent Broad-based Anti-corruption Commission Act 2011 for "be provide" substitute "provide". 152 Delegation powers and repeal of spent amending provisions (1) In section 23(1) of the Victorian Inspectorate Act 2011 after "under this Act" insert "(including any duty, function or power delegated to the Inspector under section 11(1))". (2) In section 23(2) of the Victorian Inspectorate Act 2011 after "under this Act" insert "(including any duty, function or power delegated to the Inspector under section 11(1))". (3) Division 2 of Part 5 of the Victorian Inspectorate Act 2011 is repealed. Division 4—Other amendments 153 Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012 (1) At the end of section 21 of the Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012 insert— "(2) In section 55(2) of the Principal Act before ", the agency" insert "(except under section 50(3D))".". (2) In section 35 of the Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012, in proposed section 69(1) of the Freedom of Information Act 1982— s. 152 See: Act No. 6/2012. Statute Book: www. legislation. vic.gov.au -- 138 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 123 Authorised by the Chief Parliamentary Counsel (a) after "Despite" insert "the substitution of section 51 and"; (b) for "section 17" (where twice occurring) substitute "sections 16 and 17". 154 Evidence Amendment (Journalist Privilege) Act 2012 In section 2(2) the Evidence Amendment (Journalist Privilege) Act 2012 after "this Act" insert "(other than Part 5 and Part 10)". Division 5—Further consequential amendments 155 Commissioner for Law Enforcement Data Security Act 2005 (1) In the heading to section 13 of the Commissioner for Law Enforcement Data Security Act 2005 for "Director, Police Integrity" substitute "IBAC". (2) For section 13(1)(a) of the Commissioner for Law Enforcement Data Security Act 2005 substitute— "(a) the IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; or". (3) In section 13(1) of the Commissioner for Law Enforcement Data Security Act 2005, for "the Director, Police Integrity or" substitute "the IBAC or". See: Act No. 52/2012. Statute Book: www. legislation. vic.gov.au s. 154 See: Act No. 84/2005. Reprint No. 1 as at 6 May 2010. LawToday: www. legislation. vic.gov.au -- 139 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 124 Authorised by the Chief Parliamentary Counsel 156 Confiscation Act 1997—Application for monitoring order (1) For section 115(1AA) of the Confiscation Act 1997 substitute— "(1AA) In this section, IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011.". (2) In section 115(1) of the Confiscation Act 1997, for "DPI" substitute "IBAC Commissioner". 157 Confiscation Act 1997—New section 187 inserted After section 186 of the Confiscation Act 1997 insert— "187 Transitional—Independent Broad-based Anti-corruption Commission Act 2011 (1) Any application made by the Director that has not been determined before the commencement day is taken, on and from the commencement day, to be an application made by the IBAC Commissioner. (2) Any monitoring order in force immediately before the commencement day that specifies the Office of Police Integrity as the law enforcement agency to which the information is to be given continues in force, on and from the commencement day, and is taken to specify that the law enforcement agency to which the information is to be given is the IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011. (3) In this section— commencement day means the day on which section 16 of the Independent Broad- based Anti-corruption Commission See: Act No. 108/1997. Reprint No. 6 as at 1 April 2012 and amending Act No. 20/2012. LawToday: www. legislation. vic.gov.au s. 156 -- 140 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 125 Authorised by the Chief Parliamentary Counsel Amendment (Investigative Functions) Act 2012 comes into operation; Director means the Director, Police Integrity under section 7 of the Police Integrity Act 2008 as in force immediately before its repeal; IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti- corruption Commission Act 2011.". 158 Control of Weapons Act 1990 In section 5A(1)(c) of the Control of Weapons Act 1990— (a) for "Police Integrity Act 2008" substitute "Independent Broad-based Anti- corruption Commission Act 2011"; (b) for "a member of staff of the Office of Police Integrity" substitute "an IBAC Officer within the meaning of that Act". 159 Crimes Act 1958 (1) In the definition of authorised person in section 464JA(1) of the Crimes Act 1958, for paragraphs (m) and (n) substitute— "(m) the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 or a person acting under his or her direction; (n) the Inspector within the meaning of the Victorian Inspectorate Act 2011 or a person acting under his or her direction;". (2) In section 464ZGH(2)(g)(iv) of the Crimes Act 1958, for "Director, Police Integrity within the meaning of the Police Integrity Act 2008" See: Act No. 24/1990. Reprint No. 6 as at 16 May 2012 and amending Act Nos 42/2010 and 35/2012. LawToday: www. legislation. vic.gov.au s. 158 See: Act No. 6231. Reprint No. 23 as at 1 April 2012 and amending Act Nos 16/2004, 49/2010, 65/2010, 27/2011, 43/2012 and 48/2012. LawToday: www. legislation. vic.gov.au -- 141 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 126 Authorised by the Chief Parliamentary Counsel substitute "IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011". (3) In section 464ZGK(2)(g)(iv) of the Crimes Act 1958, for "Director, Police Integrity within the meaning of the Police Integrity Act 2008" substitute "IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011". 160 Criminal Procedure Act 2009 In clause 5 of Schedule 3 to the Criminal Procedure Act 2009, for "Office of Police Integrity under the Police Integrity Act 2008" substitute "IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011". 161 Drugs, Poisons and Controlled Substances Act 1981 (1) In the heading to section 95 of the Drugs, Poisons and Controlled Substances Act 1981, for "Director, Police Integrity" substitute "IBAC Commissioner". (2) In section 95(1) and (2) of the Drugs, Poisons and Controlled Substances Act 1981, for "Director, Police Integrity within the meaning of the Police Integrity Act 2008" substitute "Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011". See: Act No. 7/2009. Reprint No. 2 as at 18 March 2012 and amending Act Nos 65/2010, 20/2012, 26/2012, 48/2012 and 49/2012. LawToday: www. legislation. vic.gov.au s. 160 See: Act No. 9719. Reprint No. 9 as at 1 July 2010 and amending Act Nos 39/2010, 43/2010, 64/2010, 29/2011, 41/2011, 43/2011, 51/2011, 43/2011, 14/2012, 27/2012 and 48/20112. LawToday: www. legislation. vic.gov.au -- 142 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 127 Authorised by the Chief Parliamentary Counsel (3) After section 95(2) of the Drugs, Poisons and Controlled Substances Act 1981 insert— "(3) Any inspection done by the Director, Police Integrity within the meaning of the Police Integrity Act 2008 (as in force immediately before its repeal) under subsection (1) during the financial year in which this section is amended by the Integrity and Accountability Legislation Amendment Act 2012 is taken to be an inspection by the IBAC Commissioner required to be done by the IBAC Commissioner under subsection (1) during that financial year.". 162 Information Privacy Act 2000 In section 3 of the Information Privacy Act 2000, in the definition of law enforcement agency, for paragraph (fb) substitute— "(fb) the IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; (fc) the Victorian Inspectorate within the meaning of the Victorian Inspectorate Act 2011;". 163 Legal Aid Act 1978—Functions and powers (1) For section 6(3) of the Legal Aid Act 1978 substitute— "(3) VLA may enter into arrangements to provide legal services— (a) on behalf of a prescribed person referred to in section 82ZI of the Independent Broad-based Anti- corruption Commission Act 2011, to applicants for legal assistance under that section; See: Act No. 98/2000. Reprint No. 2 as at 26 September 2007 and amending Act Nos 98/2000, 4/2008, 16/2010 and 6/2012. LawToday: www. legislation. vic.gov.au s. 162 See: Act No. 9245. Reprint No. 5 as at 23 February 2007 and amending Act Nos 53/2007, 55/2009 and 68/2009. LawToday: www. legislation. vic.gov.au -- 143 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 128 Authorised by the Chief Parliamentary Counsel (b) on behalf of the Secretary to the Department of Justice, to other persons.". (2) In section 6(4) of the Legal Aid Act 1978, for "functions of the Secretary to the Department of Justice under section 76 of the Police Integrity Act 2008" substitute "functions of the prescribed person under section 82ZI of the Independent Broad-based Anti-corruption Commission Act 2011". 164 Police Regulation Act 1958 In section 3(1) of the Police Regulation Act 1958— (a) for paragraph (f) of the definition of law enforcement agency substitute— "(f) the Victorian Inspectorate; or"; (b) the definition of Special Investigations Monitor is repealed; (c) in the definition of spouse, for "married." substitute "married;"; (d) insert the following definition— "Victorian Inspectorate has the same meaning as it has in the Victorian Inspectorate Act 2011.". 165 Public Administration Act 2004 (1) Section 6(1)(e) of the Public Administration Act 2004 is repealed. (2) In section 16(1) of the Public Administration Act 2004— (a) paragraph (e) is repealed; (b) paragraph (k) is repealed. See: Act No. 6338. Reprint No. 14 as at 27 April 2012 and amending Act Nos 13/2012 and 35/2012. LawToday: www. legislation. vic.gov.au s. 164 See: Act No. 108/2004. Reprint No. 3 as at 26 July 2012 and amending Act Nos 6/2012 and 20/2012. LawToday: www. legislation. vic.gov.au -- 144 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 129 Authorised by the Chief Parliamentary Counsel 166 Public Interest Monitor Act 2011 In section 43 of the Public Interest Monitor Act 2011, in proposed sections 4 and 4E(1)(a) of the Telecommunications (Interception) (State Provisions) Act 1988, for "the Office of Police Integrity" substitute "an IBAC Officer". 167 Terrorism (Community Protection) Act 2003 (1) In section 13B(1) of the Terrorism (Community Protection) Act 2003 insert the following definitions— "IBAC has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011; IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;". (2) In section 13F(10) of the Terrorism (Community Protection) Act 2003— (a) in paragraph (a), for "Director, Police Integrity under section 7 of the Police Integrity Act 2008" substitute "IBAC"; (b) in paragraphs (b) and (c), for "Director, Police Integrity" substitute "IBAC". (3) In section 13L(7) of the Terrorism (Community Protection) Act 2003— (a) in paragraph (a), for "Director, Police Integrity under section 7 of the Police Integrity Act 2008" substitute "IBAC"; (b) in paragraph (b), for "Director, Police Integrity" substitute "IBAC". See: Act No. 72/2011. Law Today: www. legislation. vic.gov.au See: Act No. 7/2003. Reprint No. 2 as at 7 May 2009 and amending Act Nos 46/2008, 25/2009, 68/2009, 69/2009, 33/2011, 56/2011 and 72/2011. LawToday: www. legislation. vic.gov.au s. 166 -- 145 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 130 Authorised by the Chief Parliamentary Counsel (4) In section 13M(7) of the Terrorism (Community Protection) Act 2003— (a) in paragraph (a), for "Director, Police Integrity under section 7 of the Police Integrity Act 2008" substitute "IBAC"; (b) in paragraph (b), for "Director, Police Integrity" substitute "IBAC". (5) In section 13P(7)(b) of the Terrorism (Community Protection) Act 2003, for "Director, Police Integrity under the Police Integrity Act 2008" substitute "IBAC Commissioner". (6) In section 13X(2)(e) of the Terrorism (Community Protection) Act 2003, for "Director, Police Integrity under Part IVA of the Police Regulation Act 1958" substitute "IBAC under the Independent Broad-based Anti- corruption Commission Act 2011". (7) In section 13ZC(2) of the Terrorism (Community Protection) Act 2003, for "Director, Police Integrity under the Police Integrity Act 2008" substitute "IBAC under the Independent Broad-based Anti-corruption Commission Act 2011". (8) In section 13ZE of the Terrorism (Community Protection) Act 2003, for "Director, Police Integrity under the Police Integrity Act 2008" substitute "IBAC". (9) In section 13ZF(1)(c) of the Terrorism (Community Protection) Act 2003, for "Director, Police Integrity under Part IVA of the Police Regulation Act 1958 or an investigation by the Director, Police Integrity under Part 3 of the Police Integrity Act 2008" substitute "IBAC under Part IVA of the Police Regulation Act 1958 or an investigation by the IBAC under Part 3 s. 167 -- 146 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 131 Authorised by the Chief Parliamentary Counsel of the Independent Broad-based Anti- corruption Commission Act 2011". (10) In section 13ZJ of the Terrorism (Community Protection) Act 2003— (a) for subsection (2)(d)(ii) substitute— "(ii) a complaint to the Ombudsman under the Ombudsman Act 1973, a complaint to the IBAC under Part IVA of the Police Regulation Act 1958, a complaint under section 35 of the Independent Broad-based Anti- corruption Commission Act 2011 or an investigation by the IBAC under Part 3 of that Act in relation to the application for the preventative detention order or a prohibited contact order or the treatment of the detainee by a member of the force in connection with the detainee's detention under the preventative detention order; or"; (b) in subsection (3)(e)(i), for "Director, Police Integrity" substitute "IBAC". (11) In section 13ZR(2)(d) of the Terrorism (Community Protection) Act 2003— (a) for subparagraph (ii) substitute— "(ii) any complaints made to the IBAC under section 35 of the Independent Broad-based Anti-corruption Commission Act 2011 or referred during the year to the IBAC under Part IVA of the Police Regulation Act 1958;"; (b) in subparagraph (iii), for "Director, Police Integrity under Part 3 of the Police Integrity Act 2008" substitute "IBAC under Part 3 of s. 167 -- 147 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 132 Authorised by the Chief Parliamentary Counsel the Independent Broad-based Anti- corruption Commission Act 2011". (12) In section 13ZS of the Terrorism (Community Protection) Act 2003, for "Director, Police Integrity under Part IVA of the Police Regulation Act 1958 or Part 3 or 4 of the Police Integrity Act 2008" substitute "IBAC under Part IVA of the Police Regulation Act 1958 or Part 3 of the Independent Broad-based Anti-corruption Commission Act 2011". 168 Witness Protection Act 1991 (1) In section 3(1) of the Witness Protection Act 1991— (a) the definition of Director is repealed; (b) insert the following definition— "IBAC has the same meaning as it has in the Independent Broad-based Anti- corruption Commission Act 2011;". (2) In section 5(3) of the Witness Protection Act 1991, for "Director" substitute "IBAC". (3) In section 10 of the Witness Protection Act 1991— (a) in subsection (1)(b) for "Director" substitute "IBAC"; (b) in subsection (4)(b) for "Director" substitute "IBAC". (4) In section 12(1) of the Witness Protection Act 1991— (a) after paragraph (e) insert— "(ea) the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; or"; See: Act No. 15/1991. Reprint No. 3 as at 16 March 2006 and amending Act Nos 12/2008, 34/2008 and 55/2009. LawToday: www. legislation. vic.gov.au s. 168 -- 148 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 133 Authorised by the Chief Parliamentary Counsel (b) in paragraph (f) after "Director" insert "within the meaning of the Police Integrity Act 2008 as in force immediately before its repeal". (5) In section 12(4) of the Witness Protection Act 1991, for "Director" substitute "IBAC". (6) In section 17(5) and (6) of the Witness Protection Act 1991, for "Director" substitute "IBAC". (7) In section 18 of the Witness Protection Act 1991— (a) in subsection (1)(d) and (e), for "Director" substitute "IBAC"; (b) in subsection (2), for "Director" (where twice occurring) substitute "IBAC". (8) In section 19(6) and (7) of the Witness Protection Act 1991, for "Director" substitute "IBAC". (9) In section 20 of the Witness Protection Act 1991, for "Director" (wherever occurring) substitute "IBAC". 169 New section 27 inserted—Witness Protection Act 1991 After section 26 of the Witness Protection Act 1991 insert— "27 Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012 (1) An appeal to the Director made under section 17(5) but not determined by the Director under section 17(6) immediately before the amendment of section 17 by the Integrity and Accountability Legislation Amendment Act 2012 is to be taken, on and s. 169 -- 149 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 134 Authorised by the Chief Parliamentary Counsel from that amendment, to be an appeal to the IBAC under section 17(5) and must be determined by the IBAC as if it were an appeal made to the IBAC. (2) An appeal to the Director made under section 19(6) but not determined by the Director under section 19(7) immediately before the amendment of section 19 by the Integrity and Accountability Legislation Amendment Act 2012 is to be taken, on and from that amendment, to be an appeal to the IBAC under section 19(6) and must be determined by the IBAC as if it were an appeal made to the IBAC.". Division 6—Amendment of other Acts relating to notifications and other matters 170 Accident Compensation Act 1985—Definitions In section 5(1) of the Accident Compensation Act 1985 insert the following definitions— "corrupt conduct has the meaning given in section 3A of the Independent Broad- based Anti-corruption Commission Act 2011; IBAC means the Independent Broad-based Anti- Corruption Commission established under section 6 of the Independent Broad-based Anti-corruption Commission Act 2011; IBAC personnel has the same meaning as it has in the Victorian Inspectorate Act 2011;". See: Act No. 10191. Reprint No. 18 as at 1 July 2011 and amending Act Nos 80/2010, 76/2011, 18/2012, 22/2012, 27/2012 and 43/2012. LawToday: www. legislation. vic.gov.au s. 170 -- 150 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 135 Authorised by the Chief Parliamentary Counsel 171 New Division 1 of Part VIII and Division 2 heading inserted In Part VIII of the Accident Compensation Act 1985 before section 237A insert— "Division 1—The Authority and the IBAC 236C Mandatory notification of corrupt conduct to IBAC (1) The Chief Executive of the Authority must notify the IBAC of any matter of which the Chief Executive of the Authority becomes aware in the performance of functions or duties or the exercise of powers under this Act or any other Act that appears to involve corrupt conduct. (2) This section does not apply to corrupt conduct of the IBAC or IBAC personnel. (3) This section does not apply to a matter referred to the Authority by the IBAC under section 49C of the Independent Broad- based Anti-corruption Commission Act 2011. (4) If the Chief Executive of the Authority considers at any time that any matter described in subsection (3) appears to involve conduct that is serious corrupt conduct, the Chief Executive of the Authority must inform the IBAC. 236D Consultation prior to notification For the purposes of deciding whether to make a notification under this Division to the IBAC, the Chief Executive of the Authority may consult the IBAC. s. 171 -- 151 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 136 Authorised by the Chief Parliamentary Counsel 236E Communication of information to the IBAC (1) At any time, the Chief Executive of the Authority may provide or disclose any information received or obtained in the course of the performance of functions or duties or the exercise of powers under this Act or any other Act to the IBAC if the Chief Executive of the Authority considers that— (a) the information is relevant to the performance of the functions or duties or the exercise of powers of the IBAC; and (b) it is appropriate for the information to be brought to the attention of the IBAC, having regard to the nature of the information. (2) This section applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act). 236F Authority not to prejudice investigations of the IBAC (1) If the Authority is, or becomes, aware of an IBAC investigation, the Authority must take all reasonable steps to ensure that the performance of its functions or duties or the exercise of its powers does not prejudice the IBAC investigation. (2) For the purposes of ensuring compliance with subsection (1), the Authority may consult the IBAC. Division 2—General". s. 171 -- 152 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 137 Authorised by the Chief Parliamentary Counsel 172 Electoral Act 2002—Definitions In section 3 of the Electoral Act 2002 insert the following definitions— "corrupt conduct has the meaning given in section 3A of the Independent Broad- based Anti-corruption Commission Act 2011; IBAC means the Independent Broad-based Anti- corruption Commission established under section 6 of the Independent Broad-based Anti-corruption Commission Act 2011; IBAC personnel has the same meaning as it has in the Victorian Inspectorate Act 2011;". 173 New sections 19A to 19D inserted After section 19 of the Electoral Act 2002 insert— "19A Mandatory notification of corrupt conduct to IBAC (1) The Electoral Commissioner must notify the IBAC of any matter of which the Electoral Commissioner becomes aware in the performance of functions or duties or the exercise of powers under this Act or any other Act that appears to involve corrupt conduct. (2) This section does not apply to corrupt conduct of the IBAC or IBAC personnel. 19B Consultation prior to notifcation For the purposes of deciding whether to make a notification under section 19A to the IBAC, the Electoral Commissioner may consult the IBAC. See: Act No. 23/2002. Reprint No. 3 as at 20 August 2010 and amending Act No. 26/2011. LawToday: www. legislation. vic.gov.au s. 172 -- 153 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 138 Authorised by the Chief Parliamentary Counsel 19C Communication of information to the IBAC (1) At any time, the Electoral Commissioner may provide or disclose any information received or obtained in the course of the performance of functions or duties or the exercise of powers under this Act or any other Act to the IBAC if the Electoral Commissioner considers that— (a) the information is relevant to the performance of the functions or duties or the exercise of powers of the IBAC; and (b) it is appropriate for the information to be brought to the attention of the IBAC, having regard to the nature of the information. (2) This section applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act). 19D Electoral Commissioner not to prejudice investigations of the IBAC (1) If the Electoral Commissioner is, or becomes, aware of an IBAC investigation, the Electoral Commissioner must take all reasonable steps to ensure that the performance of its functions or duties or the exercise of its powers does not prejudice the IBAC investigation. (2) For the purposes of ensuring compliance with subsection (1), the Electoral Commissioner may consult the IBAC.". s. 173 -- 154 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 139 Authorised by the Chief Parliamentary Counsel 174 Environment Protection Act 1970—Definitions In section 4(1) of the Environment Protection Act 1970 insert the following definitions— "corrupt conduct has the meaning given in section 3A of the Independent Broad- based Anti-corruption Commission Act 2011; IBAC means the Independent Broad-based Anti- corruption Commission established under section 6 of the Independent Broad-based Anti-corruption Commission Act 2011; IBAC personnel has the same meaning as it has in the Victorian Inspectorate Act 2011;". 175 New Division 1A of Part X inserted After section 54B of the Environment Protection Act 1970 insert— "Division 1A—The Authority and the IBAC 54C Mandatory notification of corrupt conduct to IBAC (1) The Chairman must notify the IBAC of any matter of which the Chairman becomes aware in the performance of functions or duties or the exercise of powers of the Authority under this Act or any other Act that appears to involve corrupt conduct. (2) This section does not apply to corrupt conduct of the IBAC or IBAC personnel. (3) This section does not apply to a matter referred to the Authority by the IBAC under section 49C of the Independent Broad- based Anti-corruption Commission Act 2011. See: Act No. 8056. Reprint No. 18 as at 26 July 2012. LawToday: www. legislation. vic.gov.au s. 174 -- 155 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 140 Authorised by the Chief Parliamentary Counsel (4) If the Chairman considers at any time that any matter described in subsection (3) appears to involve conduct that is serious corrupt conduct, the Chairman must inform the IBAC. 54D Consultation prior to notification For the purposes of deciding whether to make a notification under this Division to the IBAC, the Chairman may consult the IBAC. 54E Communication of information to the IBAC (1) At any time, the Chairman may provide or disclose any information received or obtained in the course of the performance of functions or duties or the exercise of powers of the Authority under this Act or any other Act to the IBAC if the Chairman considers that— (a) the information is relevant to the performance of the functions or duties or the exercise of powers of the IBAC; and (b) it is appropriate for the information to be brought to the attention of the IBAC, having regard to the nature of the information. (2) This section applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act). s. 175 -- 156 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 141 Authorised by the Chief Parliamentary Counsel 54F Authority not to prejudice investigations of the IBAC (1) If the Authority is, or becomes, aware of an IBAC investigation, the Authority must take all reasonable steps to ensure that the performance of its functions or duties or the exercise of its powers does not prejudice the IBAC investigation. (2) For the purposes of ensuring compliance with subsection (1), the Authority may consult the IBAC.". 176 Disclosure of information an offence After section 60(3)(a) of the Environment Protection Act 1970 insert— "(ab) the disclosure is for the purposes of a notification under section 54C, consultation under section 54D or 54F or the provision or disclosure of information under section 54E.". 177 Public Administration Act 2004—Definitions In section 4(1) of the Public Administration Act 2004 insert the following definitions— "corrupt conduct has the meaning given in section 3A of the Independent Broad- based Anti-corruption Commission Act 2011; IBAC means the Independent Broad-based Anti- corruption Commission established under section 6 of the Independent Broad-based Anti-corruption Commission Act 2011; IBAC personnel has the same meaning as it has in the Victorian Inspectorate Act 2011;". s. 176 See: Act No. 108/2004. Reprint No. 3 as at 26 July 2012 and amending Act Nos 6/2012 and 20/2012. LawToday: www. legislation. vic.gov.au -- 157 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 142 Authorised by the Chief Parliamentary Counsel 178 New Division 4 of Part 4 inserted—Public Administration Act 2004 After section 74 of the Public Administration Act 2004 insert— "Division 4—The Authority and the IBAC 74A Mandatory notification of corrupt conduct to IBAC (1) The chief executive officer of the Authority must notify the IBAC of any matter of which the chief executive officer of the Authority becomes aware in the performance of functions or duties or the exercise of powers of the Authority under this Act or any other Act that appears to involve corrupt conduct. (2) This section does not apply to corrupt conduct of the IBAC or IBAC personnel. 74B Consultation prior to notification For the purposes of deciding whether to make a notification under this Division to the IBAC, the chief executive officer of the Authority may consult the IBAC. 74C Communication of information to the IBAC (1) At any time, the chief executive officer of the Authority may provide or disclose any information received or obtained in the course of the performance of functions or duties or the exercise of powers of the Authority under this Act or any other Act to the IBAC if the chief executive officer of the Authority considers that— s. 178 -- 158 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 143 Authorised by the Chief Parliamentary Counsel (a) the information is relevant to the performance of the functions or duties or the exercise of powers of the IBAC; and (b) it is appropriate for the information to be brought to the attention of the IBAC, having regard to the nature of the information. (2) This section applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act). 74D Authority not to prejudice investigations of the IBAC (1) If the Authority is, or becomes, aware of an IBAC investigation, the Authority must take all reasonable steps to ensure that the performance of its functions or duties or the exercise of its powers does not prejudice the IBAC investigation. (2) For the purposes of ensuring compliance with subsection (1), the Authority may consult the IBAC.". 179 Prohibition on disclosure of certain information— Public Administration Act 2004 After section 47(2) of the Public Administration Act 2004 insert— "(3) Subsection (1) does not apply to any notification under section 74A, consultation under section 74B or 74D or the provision or disclosure of information under section 74C.". s. 179 -- 159 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 144 Authorised by the Chief Parliamentary Counsel 180 Racing Act 1958—Definitions In section 3(1) of the Racing Act 1958 insert the following definitions— "corrupt conduct has the meaning given in section 3A of the Independent Broad- based Anti-corruption Commission Act 2011; IBAC means the Independent Broad-based Anti- corruption Commission established under section 6 of the Independent Broad-based Anti-corruption Commission Act 2011; IBAC personnel has the same meaning as it has in the Victorian Inspectorate Act 2011;". 181 Functions of the Racing Integrity Commissioner (1) After section 37B(1)(d)(i) of the Racing Act 1958 insert— "(ia) if the complaint appears to involve corrupt conduct, the IBAC, unless it appears to involve corrupt conduct of the IBAC or IBAC personnel;". (2) After section 37B(3) of the Racing Act 1958 insert— "(4) Subsection (1)(d)(ia) does not apply to a matter that is the subject of a complaint or notification referred to the Racing Integrity Commissioner by the IBAC under section 49C of the Independent Broad- based Anti-corruption Commission Act 2011. (5) If the Racing Integrity Commissioner refers a complaint under subsection (1)(d)(ia), the Racing Integrity Commissioner must— (a) cease his or her investigation of the referred complaint; and See: Act No. 6353. Reprint No. 14 as at 20 August 2009 and amending Act Nos 45/2003, 52/2009, 74/2010, 58/2011 and 55/2012. LawToday: www. legislation. vic.gov.au s. 180 -- 160 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 145 Authorised by the Chief Parliamentary Counsel (b) provide the IBAC with any evidence that the Integrity Commissioner has in his or her possession or control in relation to that referred complaint; and (c) cooperate with the IBAC and ensure his or her staff provide all reasonable assistance requested by the IBAC in relation to that complaint.". 182 Disclosure of information—Racing Act 1958 After section 37E(1)(f) of the Racing Act 1958 insert— "(fa) the IBAC; or (fb) the Victorian Inspectorate within the meaning of the Victorian Inspectorate Act 2011; or". 183 New sections 37G to 37J inserted—Racing Act 1958 After section 37F of the Racing Act 1958 insert— "37G Mandatory notification of corrupt conduct to IBAC (1) The Racing Integrity Commissioner must notify the IBAC of any matter of which the Racing Integrity Commissioner becomes aware in the performance of functions or duties or the exercise of powers under this Act or any other Act that appears to involve corrupt conduct. (2) This section does not apply to corrupt conduct of the IBAC or IBAC personnel. (3) This section does not apply to a matter referred to the Racing Integrity Commissioner by the IBAC under section 49C of the Independent Broad-based Anti- corruption Commission Act 2011. s. 182 -- 161 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 146 Authorised by the Chief Parliamentary Counsel (4) If the Racing Integrity Commissioner considers at any time that any matter described in subsection (3) appears to involve conduct that is serious corrupt conduct, the Racing Integrity Commissioner must inform the IBAC. 37H Consultation prior to referral or notification For the purposes of deciding whether to make a referral or notification under this Part to the IBAC, the Racing Integrity Commissioner may consult the IBAC. 37I Communication of information to the IBAC (1) At any time, the Racing Integrity Commissioner may provide or disclose any information received or obtained in the course of the performance of functions or duties or the exercise of powers under this Act or any other Act to the IBAC if the Racing Integrity Commissioner considers that— (a) the information is relevant to the performance of the functions or duties or the exercise of powers of the IBAC; and (b) it is appropriate for the information to be brought to the attention of the IBAC, having regard to the nature of the information. (2) This section applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act). s. 183 -- 162 of 325 -- Part 5—Repeal and Further Consequential Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 147 Authorised by the Chief Parliamentary Counsel 37J Racing Integrity Commissioner not to prejudice investigations of the IBAC (1) If the Racing Integrity Commissioner is, or becomes, aware of an IBAC investigation, the Racing Integrity Commissioner must take all reasonable steps to ensure that the performance of its functions or duties or the exercise of its powers does not prejudice the IBAC investigation. (2) For the purposes of ensuring compliance with subsection (1), the Racing Integrity Commissioner may consult the IBAC.". __________________ s. 183 -- 163 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 148 Authorised by the Chief Parliamentary Counsel PART 6—AUDIT ACT 1994 AND RELATED AMENDMENTS Division 1—Amendments to Audit Act 1994 184 Definitions (1) In section 3 of the Audit Act 1994, in the definition of Victorian Auditor-General's Office for "2004." substitute "2004;". (2) Insert the following definitions in section 3 of the Audit Act 1994— "Chief Examiner means the Chief Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; compulsory appearance means the appearance of a person before the Auditor-General, or before a person authorised by the Auditor- General, in accordance with a requirement in writing under section 11(1); corrupt conduct has the meaning given in section 3A of the Independent Broad- based Anti-corruption Commission Act 2011; 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 (2). (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); Examiner means an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; s. 184 See: Act No. 2/1994. Reprint No. 5 as at 16 November 2006 and amending Act No. 50/2011. LawToday: www. legislation. vic.gov.au -- 164 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 149 Authorised by the Chief Parliamentary Counsel IBAC means the Independent Broad-based Anti- corruption Commission established under section 6 of the Independent Broad-based Anti-corruption Commission Act 2011; IBAC personnel has the meaning given in section 3(1) of the Victorian Inspectorate Act 2011; Inspector means the person appointed under section 14 of the Victorian Inspectorate Act 2011; legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; Ombudsman officer has the meaning given in section 2(1) of the Ombudsman Act 1973; presiding officer— (a) in relation to the compulsory appearance of a person, means the Auditor-General or person authorised by the Auditor-General before whom the person is appearing; (b) in relation to the voluntary appearance of a person, means the VAGO officer before whom the person is appearing; Public Interest Monitor has the meaning given in section 4 of the Public Interest Monitor Act 2011; registered company auditor has the same meaning as in the Corporations Act; spouse of a person means a person to whom the person is married; s. 184 -- 165 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 150 Authorised by the Chief Parliamentary Counsel VAGO officer means any of the following— (a) the Auditor-General; (b) the Deputy Auditor-General; (c) a person appointed to act in the office of Auditor-General or Deputy Auditor- General; (d) an employee referred to in section 7E; (e) a person or firm engaged under section 7F; (f) an officer or employee of a person, or a partner or employee of a firm, engaged under section 7F; (g) a registered company auditor to whom the Auditor-General has delegated a function or power under section 7G; (h) a person (other than a person referred to in paragraph (b) to (g)) whom the Auditor-General has authorised to exercise a power under section 11; VAGO premises means any premises or part of premises occupied by the Victorian Auditor- General's Office or a VAGO officer, other than residential premises; Victorian Inspectorate means the Victorian Inspectorate established under the Victorian Inspectorate Act 2011; Victorian Inspectorate Officer has the meaning given in section 3(1) of the Victorian Inspectorate Act 2011; voluntary appearance means the appearance of a person before a VAGO officer in the course of or in relation to the performance of the Auditor-General's functions under this Act or s. 184 -- 166 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 151 Authorised by the Chief Parliamentary Counsel any other Act, other than a compulsory appearance.". (3) At the end of section 3 of the Audit Act 1994 insert— "(2) 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.". 185 Annual reporting and delegation (1) At the foot of section 7B(2) of the Audit Act 1994 insert— "Note Section 20 applies to a report of operations.". (2) Section 7G(4) of the Audit Act 1994 is repealed. 186 Power to call for persons and documents After section 11(1) of the Audit Act 1994 insert— "(1A) If the Auditor-General or a person authorised by the Auditor-General intends to examine a person on oath under subsection (3), a requirement given to the person under subsection (1) must state the nature of the matters about which the person to whom it is given is to be examined, except to the extent s. 185 -- 167 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 152 Authorised by the Chief Parliamentary Counsel to which the Auditor-General or person authorised by the Auditor-General forms the opinion on reasonable grounds that this would be likely to prejudice the conduct of the audit to which the examination relates or would be contrary to the public interest. (1B) For the avoidance of doubt, the Auditor- General or person authorised by the Auditor- General is not required to give reasons for forming the opinion referred to in subsection (1A).". 187 New sections 11A to 11G inserted After section 11 of the Audit Act 1994 insert— "11A Auditor-General to report to Victorian Inspectorate on calling for persons or documents Within 3 days after a person is given a requirement in writing under section 11(1), the Auditor-General must give a report in writing to the Victorian Inspectorate specifying— (a) the name of the person; (b) the reasons why the requirement was given. 11B Requirement given to person under 16 years (1) A requirement in writing given under section 11(1) to a person under the age of 16 years at the date the requirement is given has no effect. (2) A person who claims to be under the age of 16 years at the date a requirement in writing is given to them under section 11(1) must provide proof of age in accordance with the regulations to the Auditor-General. s. 187 -- 168 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 153 Authorised by the Chief Parliamentary Counsel 11C Legal advice and representation (1) This section applies to a compulsory appearance by a person. (2) The person may seek legal advice from, and be represented by, a legal practitioner in relation to— (a) an audit conducted by the Auditor- General under this Act or any other Act; and (b) the person's rights, liabilities, obligations and privileges under this Act. 11D Advance notice of performance audits Within a reasonable time before commencing to conduct a performance audit, the Auditor-General must provide a copy of the final version of the specification prepared under section 15(2) to any relevant authorities. 11E 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 he or she may be under the age of 18 years; and (b) release the person from the appearance if the person is under the age of 16 years; and s. 187 -- 169 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 154 Authorised by the Chief Parliamentary Counsel (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 any non- disclosure requirements that apply under this Act; and (e) take any other actions prescribed for the purposes of this subsection. (3) At any time during the appearance, if the presiding officer becomes aware that the person appearing is under the age of 16 years, the presiding officer must immediately release the person from the appearance. (4) If the person appearing does not have knowledge of the English language that is sufficient to enable the person to understand questions asked of him or her or to answer those questions, before the questioning commences the presiding officer must provide for a competent interpreter to be present. (5) If the person appearing is under the age of 18 years, the person must be accompanied by a parent or guardian or an independent person. (6) 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. s. 187 -- 170 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 155 Authorised by the Chief Parliamentary Counsel 11F Audio or video recording of compulsory appearances (1) This section applies to a compulsory appearance. (2) The presiding officer must ensure that the appearance is audio or video recorded. (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) the appearance was audio or video recorded; 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 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 Auditor-General considers on reasonable grounds that doing so may prejudice an audit, the Auditor-General must provide the person appearing with a copy of— (a) the audio or video recording; and (b) any transcript created. (6) If the Auditor-General determines not to provide the person with a copy of the audio or video recording and any transcript in accordance with subsection (5), the Auditor- General must allow the person to listen to or s. 187 -- 171 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 156 Authorised by the Chief Parliamentary Counsel view the recording of his or her evidence at VAGO premises at any reasonable time. (7) As soon as possible after the appearance, the Auditor-General must provide the Victorian Inspectorate with a copy of the audio or video recording and any transcript of the appearance. 11G 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 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.". 188 Access to information At the foot of section 12(2) of the Audit Act 1994 insert— "Penalty: 50 penalty units, in the case of a natural person; 250 penalty units, in the case of a body corporate.". 189 Reports to Parliament (1) At the foot of section 16(2) of the Audit Act 1994 insert— "Note Section 20 applies to reports under this section.". s. 188 -- 172 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 157 Authorised by the Chief Parliamentary Counsel (2) At the foot of section 16A(2) of the Audit Act 1994 insert— "Note Section 20 applies to reports under this section.". (3) At the foot of section 16B(1) of the Audit Act 1994 insert— "Note Section 20 applies to reports under this section.". 190 Audits in relation to financial benefits given by the State or authorities For section 16C(2) of the Audit Act 1994 substitute— "(2) The following provisions apply to an audit under this section as if references in those provisions to an authority were references to the person or body that received the financial benefit— (a) section 11 (power to call for persons and documents); (b) section 11A (Auditor-General to report to Victorian Inspectorate on calling for persons or documents); (c) section 11B (requirement given to person under 16 years); (d) section 11C (legal advice and representation); (e) section 11E (further provisions relating to appearances); (f) section 11F (audio or video recording of compulsory appearances); (g) section 11G (protection of legal practitioners and witnesses); (h) section 12 (access to information); s. 190 -- 173 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 158 Authorised by the Chief Parliamentary Counsel (i) section 13 (auditing standards); (j) section 14 (offences); (k) section 16 (audit reports to Parliament); (l) section 16F (giving information during the course of an audit); (m) Part 4A (notifications and information sharing); (n) section 20 (content of reports); (o) section 20A (improper use of information).". 191 Other financial audits For section 16G(4) of the Audit Act 1994 substitute— "(4) The following provisions apply to an audit by the Auditor-General under an arrangement made under this section as if references in those provisions to an authority were references to the person or body with whom or which the arrangement is made— (a) section 8 (audit of authorities); (b) section 9 (audit opinions on financial statements); (c) section 11 (power to call for persons and documents); (d) section 11A (Auditor-General to report to Victorian Inspectorate on calling for persons or documents); (e) section 11B (requirement given to person under 16 years); (f) section 11C (legal advice and representation); s. 191 -- 174 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 159 Authorised by the Chief Parliamentary Counsel (g) section 11E (further provisions relating to appearances); (h) section 11F (audio or video recording of compulsory appearances); (i) section 11G (protection of legal practitioners and witnesses); (j) section 12 (access to information); (k) section 13 (auditing standards); (l) section 14 (offences); (m) section 16 (audit reports to Parliament); (n) section 16F (giving information during the course of an audit); (o) Part 4A (notifications and information sharing); (p) section 20 (content of reports); (q) section 20A (improper use of information).". 192 Independent auditor to audit Victorian Auditor- General's Office (1) For section 17(5) of the Audit Act 1994 substitute— "(5) Subject to any directions given by the Parliamentary Committee, the provisions specified in subsection (6) apply in relation to an audit by the independent auditor under this Part as if— (a) a reference in those provisions to the Auditor-General were a reference to the independent auditor; and (b) a reference to a compulsory appearance were a reference to an appearance of a person before the independent auditor, s. 192 -- 175 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 160 Authorised by the Chief Parliamentary Counsel or person authorised by the independent auditor, in accordance with a requirement in writing under section 11(1); and (c) a reference to a voluntary appearance were a reference to an appearance of a person before the independent auditor in the course of the performance of the independent auditor's functions under this Act, other than a compulsory appearance; and (d) a reference to the presiding officer were a reference to the independent auditor or other person before whom the person appearing is appearing. (6) For the purposes of subsection (5), the following provisions are specified— (a) section 11 (power to call for persons and documents); (b) section 11B (requirement given to person under 16 years); (c) section 11C (legal advice and representation); (d) section 11E (further provisions relating to appearances); (e) section 11F, except section 11F(7) (audio or video recording of compulsory appearances); (f) section 11G (protection of legal practitioners and witnesses); (g) section 12 (access to information); (h) section 14 (offences).". s. 192 -- 176 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 161 Authorised by the Chief Parliamentary Counsel (2) After section 18(4) of the Audit Act 1994 insert— "(5) Section 20 applies to a report under this section as if— (a) a reference in that section to the Auditor-General were a reference to the independent auditor (other than a reference in section 20(1)(a) to any audit by the Auditor-General); and (b) a reference in section 20(2) to an authority or a department referred to in section 16(3)(a) were a reference to the Victorian Auditor-General's Office; and (c) a reference in section 20(2) to the authority or department head were a reference to the Auditor-General.". 193 Performance audit of Auditor-General and Victorian Auditor-General's Office (1) For section 19(5) of the Audit Act 1994 substitute— "(5) Subject to any directions given by the Parliamentary Committee, the provisions specified in subsection (5A) apply in relation to an audit by the independent auditor under this Part as if— (a) a reference in those provisions to the Auditor-General were a reference to the person appointed under this section; and (b) a reference to a compulsory appearance were a reference to an appearance of a person before the person appointed under this section, or a person authorised by that person, in s. 193 -- 177 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 162 Authorised by the Chief Parliamentary Counsel accordance with a requirement in writing under section 11(1); and (c) a reference to a voluntary appearance were a reference to an appearance of a person before the person appointed under this section in the course of the performance of that person's functions under this Act, other than a compulsory appearance; and (d) a reference to the presiding officer were a reference to the person appointed under this section or other person before whom the person appearing is appearing. (5A) For the purposes of subsection (5), the following provisions are specified— (a) section 11 (power to call for persons and documents); (b) section 11B (requirement given to person under 16 years); (c) section 11C (legal advice and representation); (d) section 11E (further provisions relating to appearances); (e) section 11F, except section 11F(7) (audio or video recording of compulsory appearances); (f) section 11G (protection of legal practitioners and witnesses); (g) section 12 (access to information); (h) section 14 (offences).". s. 193 -- 178 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 163 Authorised by the Chief Parliamentary Counsel (2) After section 19(9) of the Audit Act 1994 insert— "(10) Section 20 applies to a report under this section as if— (a) a reference in that section to the Auditor-General were a reference to the person appointed under this section (other than a reference in section 20(1)(a) to any audit by the Auditor- General); and (b) a reference in section 20(2) to an authority or a department referred to in section 16(3)(a) were a reference to the Victorian Auditor-General's Office; and (c) a reference in section 20(2) to the authority or department head were a reference to the Auditor-General.". 194 New Part 4A inserted After Part 4 of the Audit Act 1994 insert— "PART 4A—NOTIFICATIONS AND INFORMATION SHARING 19A Mandatory notification of corrupt conduct to IBAC (1) The Auditor-General must notify the IBAC of any matter of which the Auditor-General becomes aware in the performance of functions under this Act or any other Act that appears to involve corrupt conduct. (2) Subsection (1) applies despite anything to the contrary in section 12(2). (3) This section does not apply to anything referred to the Auditor-General by the IBAC under section 49C of the Independent s. 194 -- 179 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 164 Authorised by the Chief Parliamentary Counsel Broad-based Anti-corruption Commission Act 2011. (4) If the Auditor-General considers at any time that anything referred to the Auditor-General by the IBAC under section 49C of the Independent Broad-based Anti-corruption Commission Act 2011 appears to involve conduct that is serious corrupt conduct, the Auditor-General must inform the IBAC. (5) This section does not apply to corrupt conduct of the IBAC or IBAC personnel. 19B Mandatory notification to Victorian Inspectorate (1) The Auditor-General must notify the Victorian Inspectorate of any matter of which the Auditor-General becomes aware in the performance of functions under this Act or any other Act that— (a) appears to involve— (i) conduct of or in relation to the IBAC or IBAC personnel; or (ii) conduct (other than corrupt conduct) of an Ombudsman officer, a VAGO officer, the Chief Examiner or an Examiner; and (b) appears to be relevant to the functions of the Victorian Inspectorate. (2) Subsection (1) applies despite anything to the contrary in section 12(2). 19C Communication of information to specified persons or bodies (1) At any time, the Auditor-General may provide or disclose any information received or obtained in the course of the performance s. 194 -- 180 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 165 Authorised by the Chief Parliamentary Counsel of duties and functions or the exercise of powers under this Act or any other Act to a person or body specified in subsection (2) if the Auditor-General 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) For the purpose of subsection (1), the following persons and bodies are specified— (a) the IBAC; (b) the Victorian Inspectorate; (c) the Ombudsman; (d) the Chief Commissioner of Police; (e) the Director of Public Prosecutions; (f) a prescribed person or body. (3) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act (including section 12(2)) or any other Act (including any Commonwealth Act). (4) Nothing in this section affects section 16F. __________________". -- 181 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 166 Authorised by the Chief Parliamentary Counsel 195 New section 20 inserted After the heading to Part 5 of the Audit Act 1994 insert— "20 Content of reports (1) The Auditor-General must not include in a report under this Act or any other Act— (a) any information that the Auditor- General considers would prejudice any audit by the Auditor-General, any criminal proceedings or criminal investigation, or any investigations by the IBAC 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 an offence; or (c) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence. (2) If the Auditor-General intends to include in a report under this Act or any other Act 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 in an authority or a department referred to in section 16(3)(a), the authority or department head must, after receiving a copy of the proposed report or the relevant part of the proposed report under that section, give the person a reasonable opportunity to respond to the authority or department head in relation to the adverse material. s. 195 -- 182 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 167 Authorised by the Chief Parliamentary Counsel (3) The Auditor-General must not include in a report under this Act or any other Act the name of any person who is not the subject of any adverse comment or opinion unless the Auditor-General states in the report that the person is not the subject of any adverse comment or opinion.". 196 New section 29 inserted After section 28 of the Audit Act 1994 insert— "29 Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012 (1) Section 11, as amended by section 186 of the amending Act, applies to a requirement given to a person under section 11(1) on or after the day on which section 186 of the amending Act comes into operation, including a requirement in relation to an audit begun before that day. (2) Sections 11A and 11B apply in relation to a requirement given to a person under section 11(1) on or after the day on which section 187 of the amending Act comes into operation, including a requirement in relation to an audit begun before that day. (3) A requirement given under section 11(1) to a person who is under the age of 16 years that was in force immediately before the day on which section 187 of the amending Act comes into operation ceases to have any force or effect on and from that day. (4) Section 11C applies on and after the day on which section 187 of the amending Act comes into operation, including in relation to an audit begun before that day. s. 196 -- 183 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 168 Authorised by the Chief Parliamentary Counsel (5) Sections 11D, 11E, 11F and 11G apply to a compulsory appearance or voluntary appearance (as the case requires) on or after the day on which section 187 of the amending Act comes into operation, including a compulsory appearance or voluntary appearance in relation to an audit begun before that day. (6) Section 20 applies to a report made on or after the day on which section 195 of the amending Act comes into operation, including a report in relation to an audit conducted or begun before that day. (7) In this section— amending Act means the Integrity and Accountability Legislation Amendment Act 2012.". Division 2—Amendments to Victorian Inspectorate Act 2011 197 Purpose In section 1 of the Victorian Inspectorate Act 2011, after "oversight of" insert "other integrity, accountability or investigatory bodies or officers, including". 198 Definitions Insert the following definitions in section 3(1) of the Victorian Inspectorate Act 2011— "audit has the meaning given in section 3(1) of the Audit Act 1994; Auditor-General has the meaning given in section 3(1) of the Audit Act 1994; VAGO officer has the meaning given in section 3(1) of the Audit Act 1994; s. 197 -- 184 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 169 Authorised by the Chief Parliamentary Counsel VAGO premises has the meaning given in section 3(1) of the Audit Act 1994; Victorian Auditor-General's Office has the meaning given in section 3(1) of the Audit Act 1994;". 199 Objects of Act In section 4 of the Victorian Inspectorate Act 2011— (a) in paragraph (c), for "obligations." substitute "obligations; and"; (b) after paragraph (c) insert— "(d) provide for the independent oversight of VAGO officers.". 200 New section 5A inserted After section 5 of the Victorian Inspectorate Act 2011 insert— "5A Investigation of conduct occurring before the commencement of this section This Act applies to and in respect of conduct all or part of which occurred at any time during the period of 12 months before the commencement of this section, if the conduct— (a) is the conduct of any VAGO officer (whether or not still an officer) who would have been subject to this Act had this section been in force at the time the conduct occurred; and (b) would have been conduct of a kind which the Victorian Inspectorate could have investigated had this section been in force at the time the conduct occurred, whether— s. 199 -- 185 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 170 Authorised by the Chief Parliamentary Counsel (i) on a complaint to the Victorian Inspectorate under section 29(3); or (ii) on its own motion under section 31(2).". 201 Functions of the Victorian Inspectorate (1) In section 9(2) of the Victorian Inspectorate Act 2011— (a) for paragraph (c) substitute— "(c) to receive complaints in accordance with this Act about the conduct of the IBAC and IBAC personnel;"; (b) after paragraph (d) insert— "(da) to monitor the interaction between the IBAC and other integrity bodies to ensure compliance with relevant laws;". (2) After section 9(2) of the Victorian Inspectorate Act 2011 insert— "(3) Without limiting the generality of subsection (1), the Victorian Inspectorate has the following functions in respect of VAGO officers— (a) to monitor— (i) the exercise of coercive powers by VAGO officers; and (ii) compliance by VAGO officers with sections 11(1A), 11A, 11B, 11C, 11D, 11E, 11F and 20(1) and (3) of the Audit Act 1994; (b) to receive complaints in accordance with this Act about the conduct of VAGO officers; s. 201 -- 186 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 171 Authorised by the Chief Parliamentary Counsel (c) to investigate and assess, in accordance with this Act, the conduct of VAGO officers; (d) to report on, and make recommendations as a result of, the performance of its functions under paragraphs (a) to (c).". 202 Delegation After section 23(1)(i) of the Victorian Inspectorate Act 2011 insert— "(ia) the power to authorise a Victorian Inspectorate Officer to enter VAGO premises under section 33N(3); or". 203 New Part 2B inserted After Part 2A of the Victorian Inspectorate Act 2011 insert— "PART 2B—MATTERS TO BE REPORTED TO THE VICTORIAN INSPECTORATE BY THE AUDITOR-GENERAL 28H Coercive questioning (1) The Victorian Inspectorate may require the Auditor-General to provide a written report specifying, in relation to the appearance of a person at a compulsory appearance within the meaning of the Audit Act 1994— (a) the name of the person who appeared; (b) the reasons for the person's appearance; (c) the place and time of the appearance; (d) the relevance of the appearance to the purpose of the audit in relation to which the appearance occurred; s. 202 -- 187 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 172 Authorised by the Chief Parliamentary Counsel (e) the name of any other person who was present during the appearance in an official capacity under any Act; (f) any other prescribed matter. (2) The Auditor-General must comply with a requirement under subsection (1) as soon as possible after it is made. __________________". 204 Complaints After section 29(2) of the Victorian Inspectorate Act 2011 insert— "(3) A person may make a complaint to the Victorian Inspectorate about the conduct of a VAGO officer in respect of— (a) the exercise or purported exercise of coercive powers in relation to any matter; or (b) the compliance with sections 11(1A), 11A, 11B, 11C, 11D, 11E, 11F and 20(1) and (3) of the Audit Act 1994. (4) Without limiting the generality of subsection (3), a complaint may be made on the basis that specified conduct was— (a) contrary to law; or (b) unreasonable, unjust, oppressive or improperly discriminatory; or (c) based on improper motives; or (d) an abuse of power; or (e) otherwise improper.". s. 204 -- 188 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 173 Authorised by the Chief Parliamentary Counsel 205 Investigation of complaint (1) In section 30(2) of the Victorian Inspectorate Act 2011, after "a complaint" insert "referred to in section 29(1)". (2) After section 30(2) of the Victorian Inspectorate Act 2011 insert— "(3) If the Victorian Inspectorate decides to investigate a complaint referred to in section 29(3), the Victorian Inspectorate must notify the Auditor-General in writing unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.". 206 Own motion investigation At the end of section 31 of the Victorian Inspectorate Act 2011 insert— "(2) The Victorian Inspectorate may on its own motion in the course of performing its functions investigate the conduct of a VAGO officer in respect of— (a) the exercise or purported exercise of coercive powers in relation to any matter; or (b) the compliance with sections 11(1A), 11A, 11B, 11C, 11D, 11E, 11F and 20(1) and (3) of the Audit Act 1994.". 207 Conduct of investigation (1) In section 32(1) of the Victorian Inspectorate Act 2011, after "an investigation" insert "in relation to the IBAC or IBAC personnel". s. 205 -- 189 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 174 Authorised by the Chief Parliamentary Counsel (2) After section 32(1) of the Victorian Inspectorate Act 2011 insert— "(1A) For the purposes of conducting an investigation in relation to a VAGO officer, the Victorian Inspectorate— (a) may investigate any aspect of the operations of the Auditor-General or any conduct of a VAGO officer; (b) has full and free access to all the records of the Auditor-General and may copy any record or part of any record of the Auditor-General; (c) may require a VAGO officer to give the Victorian Inspectorate any information in the VAGO officer's possession which the Victorian Inspectorate considers is relevant to the investigation; (d) may require a VAGO officer to attend before the Victorian Inspectorate to answer questions or to produce documents or other things relating to operations of the Auditor-General or the conduct of any VAGO officer.". (3) For section 32(5) of the Victorian Inspectorate Act 2011 substitute— "(5) If the Victorian Inspectorate considers that it is necessary to do so, the Victorian Inspectorate— (a) may conduct an investigation in relation to the IBAC or IBAC personnel even though the IBAC is investigating a related matter; and s. 207 -- 190 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 175 Authorised by the Chief Parliamentary Counsel (b) may conduct an investigation in relation to a VAGO officer even though the Auditor-General is conducting an audit into a related matter.". 208 Requirement to provide assistance (1) In section 33 of the Victorian Inspectorate Act 2011, after "any investigation" insert "in relation to the IBAC or IBAC personnel". (2) At the end of section 33 of the Victorian Inspectorate Act 2011 insert— "(2) The Auditor-General must— (a) give any assistance; and (b) ensure that VAGO officers give any assistance— to the Victorian Inspectorate which the Victorian Inspectorate reasonably requires to enable the Victorian Inspectorate to conduct any investigation in relation to a VAGO officer under this Part.". 209 Conduct of inquiry In section 33B(d) of the Victorian Inspectorate Act 2011, after "IBAC premises" insert "or VAGO premises". 210 Content and form of witness summons In section 33F(4) of the Victorian Inspectorate Act 2011— (a) after paragraph (g)(ii) insert— "(iia) if the person is a VAGO officer, neither the Auditor-General nor the Victorian Auditor-General's Office is entitled to assert any privilege;"; (b) in paragraph (i), after "IBAC personnel" insert ", a VAGO officer". s. 208 -- 191 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 176 Authorised by the Chief Parliamentary Counsel 211 Legal representation of witnesses and other persons In section 33J(2)(c) and (d) and (8)(c) and (d) of the Victorian Inspectorate Act 2011, after "Inspectorate" insert "or a matter that is the subject of an audit by the Auditor-General". 212 Powers of entry, inspection and seizure (1) In section 33N(1) of the Victorian Inspectorate Act 2011, after "an inquiry" insert "in relation to the IBAC or IBAC personnel". (2) After section 33N(2) of the Victorian Inspectorate Act 2011 insert— "(3) Subject to subsection (4), if the Victorian Inspectorate considers on reasonable grounds there are documents or other things that are relevant to an inquiry in relation to a VAGO officer which are on VAGO premises, the Victorian Inspectorate may authorise a Victorian Inspectorate Officer, with such assistance as the Victorian Inspectorate Officer thinks fit, to— (a) enter those premises at any time; and (b) search those premises for documents or other things that are relevant to the inquiry; and (c) inspect or copy any document or other thing found at those premises; and (d) seize any document or other thing found at those premises that is relevant to the inquiry and keep it until the Victorian Inspectorate has completed its inquiry. (4) The Victorian Inspectorate must not exercise the power conferred by subsection (3) unless the Victorian Inspectorate considers on reasonable grounds that the Auditor-General s. 211 -- 192 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 177 Authorised by the Chief Parliamentary Counsel or any VAGO officer has wilfully failed to give assistance in accordance with section 33(2).". 213 Privileges and secrecy generally After section 33S(4) of the Victorian Inspectorate Act 2011 insert— "(5) If a person is a VAGO officer, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as a VAGO officer imposed by any enactment or any rule of law— (a) is overridden; and (b) does not apply to the disclosure of information under this Part. (6) If a person is a VAGO officer— (a) neither the Auditor-General nor the Victorian Auditor-General's Office is entitled to assert any privilege in relation to any requirement for that person to produce a document or other thing or give information under this Part; and (b) any privilege referred to in paragraph (a) is abrogated.". 214 Privilege against self-incrimination After section 33T(2)(b) of the Victorian Inspectorate Act 2011 insert— "(ba) an offence against the Audit Act 1994; or". s. 213 -- 193 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 178 Authorised by the Chief Parliamentary Counsel 215 Recommendation for further action (1) In the heading to section 35 of the Victorian Inspectorate Act 2011, after "action" insert "in respect of IBAC personnel". (2) In section 35(1) of the Victorian Inspectorate Act 2011, for "taking of" substitute "undertaking of a". 216 New sections 35A and 35B inserted After section 35 of the Victorian Inspectorate Act 2011 insert— "35A Recommendation to the Auditor-General (1) The Victorian Inspectorate may at any time make recommendations to the Auditor- General in relation to any action that the Victorian Inspectorate considers should be taken. (2) Without limiting subsection (1), 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 the conduct of any VAGO officer. (3) A recommendation to the Auditor-General which is not contained in a report must be made in private. (4) Subsection (3) does not limit the power of the Victorian Inspectorate to make a public recommendation if the Victorian Inspectorate considers that the Auditor- General has failed to take appropriate action in relation to the recommendation. s. 215 -- 194 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 179 Authorised by the Chief Parliamentary Counsel (5) The Victorian Inspectorate may require the Auditor-General to give a report to the Victorian Inspectorate, within a reasonable specified time, stating— (a) whether or not the Auditor-General has taken, or intends to take, action recommended by the Victorian Inspectorate; and (b) if the Auditor-General has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action. (6) The Auditor-General must comply with a requirement of the Victorian Inspectorate under subsection (5). 35B Recommendation for further action in respect of VAGO officers (1) The Victorian Inspectorate may at any time recommend in private to the Auditor-General the undertaking of a disciplinary process or action against any VAGO officer other than the Auditor-General. (2) Subsection (1) does not limit the power of the Victorian Inspectorate to make a public recommendation if the Victorian Inspectorate considers that the Auditor- General has failed to take appropriate action in relation to the recommendation. (3) If the Victorian Inspectorate is satisfied that any conduct of any VAGO officer which has been the subject of a complaint, investigation or other finding should be the subject of any further investigatory or enforcement action, the Victorian Inspectorate may make a s. 216 -- 195 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 180 Authorised by the Chief Parliamentary Counsel 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 IBAC; (e) the Victorian WorkCover Authority; (f) any other person or body prescribed for the purposes of this subsection.". 217 Advice to a complainant After section 36A(2)(d) of the Victorian Inspectorate Act 2011 insert— "(da) prejudice an audit by the Auditor-General; or". 218 Outcome of investigation (1) In section 37 of the Victorian Inspectorate Act 2011, after "an investigation" insert "in relation to the IBAC or IBAC personnel". (2) At the end of section 37 of the Victorian Inspectorate Act 2011 insert— "(2) After conducting an investigation in relation to a VAGO officer, the Victorian Inspectorate may— (a) make a recommendation to the Auditor- General in accordance with section 35A; (b) make a recommendation to the Auditor- General in accordance with section 35B; (c) make a recommendation to the Chief Commissioner of Police in accordance with section 35B; s. 217 -- 196 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 181 Authorised by the Chief Parliamentary Counsel (d) make a recommendation to the Director of Public Prosecutions in accordance with section 35B; (e) make a recommendation to the Australian Federal Police in accordance with section 35B; (f) make a recommendation to the IBAC in accordance with section 35B; (g) make a recommendation to the Victorian WorkCover Authority in accordance with section 35B; (h) make a recommendation in accordance with section 35B to a person or body prescribed for the purposes of section 35B(3)(f); (i) transmit a report under section 36; (j) provide advice to a complainant in accordance with section 36A; (k) do any combination or all of the matters referred to in paragraphs (a) to (j); (l) determine to make no findings or take no action following the investigation.". 219 Matters to be included in annual report (1) After section 38(1)(e) of the Victorian Inspectorate Act 2011 insert— "(ea) details of the results of the Victorian Inspectorate's monitoring of— (i) the exercise of coercive powers by VAGO officers; and (ii) compliance by VAGO officers with sections 11(1A), 11A, 11B, 11C, 11D, 11E, 11F and 20(1) and (3) of the Audit Act 1994; s. 219 -- 197 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 182 Authorised by the Chief Parliamentary Counsel (eb) details of the comprehensiveness and adequacy of reports made to the Victorian Inspectorate by the Auditor-General under this Act; (ec) details of the extent to which action recommended by the Victorian Inspectorate to be taken by the Auditor-General has been taken;". (2) After section 38(4) of the Victorian Inspectorate Act 2011 insert— "(4A) If the Victorian Inspectorate is aware of an audit that is being or has been conducted by the Auditor-General in relation to a matter or person to be included in its annual report, the Victorian Inspectorate must not include in the annual report any information which would prejudice the audit.". 220 Exemption from FOI Act In section 40(2) of the Victorian Inspectorate Act 2011, in the definition of relevant person or body— (a) in paragraph (dc), after "section 35(3)(f)" insert "or 35B(3)(f)"; (b) for paragraph (g) substitute— "(g) a VAGO officer;". s. 220 -- 198 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 183 Authorised by the Chief Parliamentary Counsel Division 3—Amendments to Parliamentary Committees Act 2003 221 Definitions (1) Insert the following definitions in section 3 of the Parliamentary Committees Act 2003— "IBAC personnel has the meaning given in section 3(1) of the Victorian Inspectorate Act 2011; VAGO officer has the meaning given in section 3(1) of the Audit Act 1994;". (2) In section 3 of the Parliamentary Committees Act 2003, in the definition of Victorian Inspectorate, for "2011;" substitute "2011.". 222 IBAC Committee In section 12A(1) of the Parliamentary Committees Act 2003— (a) in paragraph (f), after "Inspectorate" insert ", other than those in respect of VAGO officers or Ombudsman officers"; (b) in paragraph (g), after "Parliament" (where secondly occurring) insert ", other than those in respect of VAGO officers or Ombudsman officers"; (c) in paragraph (h), after "Inspectorate" insert ", other than reports in respect of VAGO officers or Ombudsman officers". s. 221 See: Act No. 110/2003. Reprint No. 1 as at 26 July 2006 and amending Act Nos 43/2006, 4/2007, 7/2011, 8/2011, 66/2011, 70/2011, 6/2012 and 13/2012 LawToday: www. legislation. vic.gov.au -- 199 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 184 Authorised by the Chief Parliamentary Counsel 223 Public Accounts and Estimates Committee (1) After section 14(a) of the Parliamentary Committees Act 2003 insert— "(ab) to monitor and review the performance of the duties and functions of the Victorian Inspectorate in respect of VAGO officers; (ac) to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of the Victorian Inspectorate in respect of VAGO officers that requires the attention of the Parliament; (ad) to examine any reports made by the Victorian Inspectorate in respect of VAGO officers;". (2) At the end of section 14 of the Parliamentary Committees Act 2003 insert— "(2) Despite anything to the contrary in subsection (1), the Public Accounts and Estimates Committee cannot— (a) investigate a matter relating to particular conduct the subject of any report made by the Victorian Inspectorate in respect of VAGO officers; (b) 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 in respect of a VAGO officer; (c) review any findings, recommendations, determinations or other decisions of the Victorian Inspectorate in relation to a particular complaint made to, or s. 223 -- 200 of 325 -- Part 6—Audit Act 1994 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 185 Authorised by the Chief Parliamentary Counsel investigation conducted by, the Victorian Inspectorate in accordance with the Victorian Inspectorate Act 2011 in respect of a VAGO officer; (d) disclose any information relating to the performance of a duty or function or exercise of a power by the Victorian Inspectorate which may— (i) prejudice any criminal investigation or criminal proceedings; or (ii) prejudice an audit being conducted by the Auditor-General or an investigation being conducted by the IBAC or the Victorian Inspectorate; or (iii) contravene any secrecy or confidentiality provision in any relevant Act.". __________________ s. 223 -- 201 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 186 Authorised by the Chief Parliamentary Counsel PART 7—OMBUDSMAN ACT 1973 AND RELATED AMENDMENTS Division 1—Amendments to Ombudsman Act 1973 224 Definitions (1) In section 2 of the Ombudsman Act 1973— (a) insert the following definitions— "Accountability and Oversight Committee means the Accountability and Oversight Committee of Parliament, established by section 5(aa) of the Parliamentary Committees Act 2003; acting coroner means— (a) a coroner appointed under the Coroners Act 1985 (as in force before 1 November 2009) who is not a judge of the County Court, a magistrate or an acting magistrate; or (b) a person appointed under section 94 of the Coroners Act 2008; Acting Ombudsman means an Acting Ombudsman appointed under section 6; Administrative Office has the meaning given by section 4(1) of the Public Administration Act 2004; aggrieved person has the meaning given in section 14(1)(a); cancellation notice means a notice issued by the Ombudsman under section 26C(3), (4), (5) or (6) or section 26D(3) cancelling a confidentiality notice; s. 224 See: Act No. 8414. Reprint No. 8 as at 7 March 2008 and amending Act Nos 65/2007, 34/2008, 27/2009, 69/2009, 29/2011, 66/2011, 70/2011, 72/2011, 6/2012, 43/2012 and 52/2012. LawToday: www. legislation. vic.gov.au -- 202 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 187 Authorised by the Chief Parliamentary Counsel Chief Examiner means the Chief Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; compulsory appearance means— (a) the appearance of a person before the Ombudsman in accordance with a witness summons; or (b) the appearance of a person before an Ombudsman officer otherwise than in accordance with a witness summons, in which the person is examined under section 18 of the Evidence (Miscellaneous Provisions) Act 1958; confidentiality notice means a notice issued by the Ombudsman under section 26C(1); coroner has the meaning given in section 3(1) of the Coroners Act 2008; corrupt conduct has the meaning given in section 3A of the Independent Broad- based Anti-corruption Commission Act 2011; Council has the meaning given in section 3(1) of the Local Government Act 1989; Councillor has the meaning given in section 3(1) of the Local Government Act 1989; Department has the meaning given by section 4(1) of the Public Administration Act 2004; s. 224 -- 203 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 188 Authorised by the Chief Parliamentary Counsel disciplinary process or action has the meaning given in section 3(1) of the Independent Broad-based Anti- corruption Commission Act 2011; 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 (2). (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); Examiner means an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; exempt person or body means a person or body specified in Schedule 2; Freedom of Information Commissioner means the Freedom of Information Commissioner established under the Freedom of Information Act 1982; IBAC means the Independent Broad-based Anti-corruption Commission established under section 6 of the Independent Broad-based Anti- corruption Commission Act 2011; IBAC Officer has the meaning given in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011; s. 224 -- 204 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 189 Authorised by the Chief Parliamentary Counsel IBAC personnel has the meaning given in section 3(1) of the Victorian Inspectorate Act 2011; legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; Mayor means a person elected to be the Mayor of a Council in accordance with the Local Government Act 1989; member of Ombudsman staff means any of the following— (a) an employee referred to in section 7; (b) a person seconded to the office of the Ombudsman; (c) a person otherwise engaged to provide services to or assist the Ombudsman in the performance of the Ombudsman's functions; office of the Ombudsman means the office in respect of which the Ombudsman has the functions of public service body Head under section 16 of the Public Administration Act 2004; Ombudsman officer means any of the following— (a) the Ombudsman; (b) the Acting Ombudsman; (c) a member of Ombudsman staff; Ombudsman premises means any premises or part of premises occupied by the office of the Ombudsman or an Ombudsman officer, other than residential premises; s. 224 -- 205 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 190 Authorised by the Chief Parliamentary Counsel own motion investigation means an investigation by the Ombudsman under section 16A; police personnel has the meaning given in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011; police personnel conduct has the meaning given in section 3B of the Independent Broad-based Anti-corruption Commission Act 2011; presiding officer means the Ombudsman officer before whom a person is appearing at a compulsory appearance or voluntary appearance; Public Interest Monitor has the meaning given in section 4 of the Public Interest Monitor Act 2011; referred complaint has the meaning given in section 16B(1); referred matter has the meaning given in section 16B(2); responsible Minister means— (a) in relation to a Department, the Minister responsible for the Department; (b) in relation to an Administrative Office, the Minister responsible for the Administrative Office; (c) in relation to a specified entity, the Minister (if any) specified in column 3 of Schedule 1 opposite the specified entity; s. 224 -- 206 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 191 Authorised by the Chief Parliamentary Counsel restricted matter means— (a) any evidence given by a person at a compulsory appearance or a voluntary appearance; (b) the contents of any document, or a description of any thing, produced by a person at a compulsory appearance or a voluntary appearance; (c) the contents of any document, or a description of any thing, which has been inspected under section 21; (d) the existence of, or any information about, a confidentiality notice or a witness summons; (e) the subject matter of an investigation in relation to which— (i) a witness summons has been issued; or (ii) a person has appeared, or has been requested to appear, at a voluntary appearance; (f) any information that could enable a person who has given, or may give, evidence, or who has produced, or may produce, any document or thing, at a compulsory appearance or a voluntary appearance, to be identified or located; s. 224 -- 207 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 192 Authorised by the Chief Parliamentary Counsel (g) the fact that a person has given, or may give, evidence, or has produced, or may produce, any document or thing, at a compulsory appearance or a voluntary appearance; specified entity means a person or body specified in column 1 of Schedule 1; spouse of a person means a person to whom the person is married; VAGO officer has the meaning given in section 3(1) of the Audit Act 1994; Victorian Auditor-General's Office has the meaning given in section 3(1) of the Audit Act 1994; Victorian court means— (a) the Supreme Court; (b) the County Court; (c) the Magistrates' Court; (d) the Children's Court; (e) the Coroners Court; Victorian Inspectorate means the Victorian Inspectorate established under the Victorian Inspectorate Act 2011; Victorian Inspectorate Officer has the meaning given in section 3(1) of the Victorian Inspectorate Act 2011; voluntary appearance means the appearance of a person before an Ombudsman officer in the course of or in relation to the performance of the Ombudsman's functions under this Act or any other s. 224 -- 208 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 193 Authorised by the Chief Parliamentary Counsel Act, other than a compulsory appearance; witness summons means a summons issued by the Ombudsman under section 17 of the Evidence (Miscellaneous Provisions) Act 1958. Note Section 18 applies section 17 of the Evidence (Miscellaneous Provisions) Act 1958 to investigations under this Act."; (b) for the definition of authority substitute— "authority means— (a) a Department; (b) an Administrative Office; (c) a specified entity— but does not include an exempt person or body or a Councillor of a Council;"; (c) for the definition of complaint substitute— "complaint means a complaint under section 14;"; (d) the definition of Government Department is repealed; (e) for the definition of principal officer substitute— "principal officer means— (a) in relation to a Department, the Department Head of the Department within the meaning of the Public Administration Act 2004 or the person carrying out the duties of the Department Head; s. 224 -- 209 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 194 Authorised by the Chief Parliamentary Counsel (b) in relation to an Administrative Office, the Administrative Office Head of the Administrative Office within the meaning of the Public Administration Act 2004 or the person carrying out the duties of the Administrative Office Head; (c) in relation to a specified entity, the person (if any) specified in column 2 of Schedule 1 opposite the specified entity;"; (f) for the definition of Public Statutory Body substitute— "public statutory body means— (a) a body, whether corporate or unincorporated, that is established by or under an Act for a public purpose; or (b) a body whose members, or a majority of whose members, are appointed by the Governor in Council or a Minister; or (c) a company all the shares or a majority of the shares in which are held by the State or an authority;". (2) At the end of section 2 of the Ombudsman Act 1973 insert— "(2) 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 s. 224 -- 210 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 195 Authorised by the Chief Parliamentary Counsel (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.". (3) In section 6(1) of the Ombudsman Act 1973, for "temporary absence or the suspension or during any vacancy in the office of the Ombudsman" substitute "temporary absence or suspension of the Ombudsman or during any vacancy in the office of Ombudsman". 225 Oath or affirmation (1) For section 10(2) of the Ombudsman Act 1973 substitute— "(2) Before a member of Ombudsman staff performs any duties as a member of Ombudsman staff, the member must take an oath or make an affirmation that he or she— (a) will faithfully and impartially perform his or her duties as a member of Ombudsman staff; and (b) will not divulge, except according to law, any information received in the performance of those duties.". (2) In section 10(3)(b) of the Ombudsman Act 1973, for "an officer of the Ombudsman" substitute "a member of Ombudsman staff". s. 225 -- 211 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 196 Authorised by the Chief Parliamentary Counsel 226 New section 12 substituted For section 12 of the Ombudsman Act 1973 substitute— "12 Restriction on other employment (1) The Ombudsman or Acting Ombudsman must not, without the consent of the Governor in Council, engage in any paid employment outside the duties of his or her office as Ombudsman or Acting Ombudsman. (2) An employee referred to in section 7 must not, without the consent of the Ombudsman, engage in any paid employment outside the duties of his or her employment in the office of the Ombudsman.". 227 Section 13 substituted and sections 13AA and 13AB inserted For section 13 of the Ombudsman Act 1973 substitute— "13 Principal function of Ombudsman (1) The principal function of the Ombudsman is to enquire into or investigate any administrative action taken by or in an authority, other than administrative action— (a) that appears to involve corrupt conduct; or (b) that is taken under the Freedom of Information Act 1982. Note See section 13AA(1)(a) for the Ombudsman's function in relation to corrupt conduct. (2) The function of the Ombudsman under subsection (1) includes the power to enquire into or investigate whether any s. 226 -- 212 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 197 Authorised by the Chief Parliamentary Counsel administrative action that he or she may enquire into or investigate under subsection (1) is incompatible with a human right set out in the Charter of Human Rights and Responsibilities Act 2006. (3) The powers of the Ombudsman in relation to any administrative action taken by or in an authority may be exercised even if the action was taken on behalf of, or in the performance of any function conferred on, a person who or body which is not an authority, but nothing in this Act authorises the Ombudsman to question the merits of any decision made by that person or body. (4) If any administrative action is taken by a person who or by or in a body which is not an authority (other than an exempt person or body) under any powers or functions conferred on or instructions given by an authority, the administrative action is, for the purposes of this Act, taken to be the administrative action of the authority, and the powers of the Ombudsman in respect of that action may be exercised accordingly. 13AA Other functions of Ombudsman (1) In addition to the principal function in section 13, the Ombudsman has the following functions— (a) to enquire into or investigate any administrative action taken by or in an authority that appears to involve corrupt conduct on a referral from the IBAC under Division 4 of Part 3 of the Independent Broad-based Anti- corruption Commission Act 2011; s. 227 -- 213 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 198 Authorised by the Chief Parliamentary Counsel (b) to monitor compliance with Part 2A of the Prevention of Cruelty to Animals Act 1986 by officers of the Royal Society for the Prevention of Cruelty to Animals who are approved as general inspectors under section 18(1)(b)(ii) of that Act; (c) to monitor compliance with the Domestic Animals Act 1994 by persons appointed as authorised officers under section 71A(1) or 72A(1) of that Act; (d) any other functions conferred by or under this or any other Act. (2) The function of the Ombudsman under subsection (1)(a) includes the power to enquire into or investigate whether any administrative action referred to in that subsection is incompatible with a human right set out in the Charter of Human Rights and Responsibilities Act 2006. (3) For the avoidance of doubt, nothing in this Act authorises or requires the Ombudsman to enquire into or investigate anything done or omitted to be done by or in an exempt person or body. 13AB Ombudsman not to prejudice legal proceedings or investigations (1) The Ombudsman must not perform his or her functions or duties or exercise his or her powers in a manner that would prejudice any— (a) criminal proceedings or criminal investigations; or (b) investigations by the IBAC or the Victorian Inspectorate. s. 227 -- 214 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 199 Authorised by the Chief Parliamentary Counsel (2) For the purposes of ensuring compliance with subsection (1), the Ombudsman 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.". 228 Conducting of enquiries In section 13A of the Ombudsman Act 1973— (a) in subsection (2) after "section 14" insert ", a referred complaint or a referred matter"; (b) in subsection (3), for "a Government Department, Public Statutory Body or municipality" substitute "an authority (if any)". 229 Division 1 of Part IV substituted For Division 1 of Part IV of the Ombudsman Act 1973 substitute— "Division 1—Complaints generally 14 Making a complaint (1) The following persons may make a complaint to the Ombudsman about an administrative action taken by or in an authority— (a) a person or body of persons affected by the administrative action (an aggrieved person); or (b) a member of Parliament acting on behalf of an aggrieved person; or s. 228 -- 215 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 200 Authorised by the Chief Parliamentary Counsel (c) if an aggrieved person has died, a person who the Ombudsman considers is suitable to represent the deceased person; or (d) if the Ombudsman considers that an aggrieved person is unable to act for themselves, a person who the Ombudsman considers is suitable to represent the aggrieved person; or (e) any other person if, having regard to all the circumstances, the Ombudsman considers it is appropriate to deal with the complaint. (2) A complaint must be made in writing except where the Ombudsman considers that the complainant— (a) is under 18 years of age; or (b) does not have sufficient knowledge of the English language to make a complaint in writing; or (c) has a mental or physical impairment that prevents the complainant from making a complaint in writing. (3) The Ombudsman may deal with a complaint even if, on the face of it, the complaint does not refer to an administrative action taken by or in an authority if the Ombudsman considers there is a likelihood that the cause for complaint arose from such an action. 15 Ombudsman must refuse to deal with certain complaints (1) The Ombudsman must refuse to deal with a complaint that appears to involve corrupt conduct or police personnel conduct other s. 229 -- 216 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 201 Authorised by the Chief Parliamentary Counsel than to notify the IBAC or the Victorian Inspectorate under Division 2C. (2) The Ombudsman must refuse to deal with a complaint about administrative action that is taken under the Freedom of Information Act 1982 other than, if it could be made the subject of a complaint under Part VIA of that Act, to notify the Freedom of Information Commissioner under Division 2C. (3) The Ombudsman must refuse to deal with a complaint if dealing with it would be contrary to section 13AB. (4) The Ombudsman must refuse to deal with a complaint relating to terms and conditions of employment of persons who are or were employed by or in an authority unless the Ombudsman considers that the matter merits investigation in order to avoid injustice. (5) If the Ombudsman considers that a complainant has or had a right of appeal or referral to, or review by, a tribunal, the Ombudsman must refuse to deal with the complaint unless the Ombudsman considers that in the particular circumstances— (a) it would not be reasonable to expect or have expected the complainant to exercise that right; or (b) the matter merits investigation to avoid injustice. (6) If the Ombudsman considers that a complainant has or had a remedy by taking proceedings in a court, the Ombudsman must refuse to deal with the complaint unless the Ombudsman considers that in the particular circumstances — s. 229 -- 217 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 202 Authorised by the Chief Parliamentary Counsel (a) it would not be reasonable to expect or have expected the complainant to take those proceedings; or (b) the matter merits investigation to avoid injustice. 15A Ombudsman may refuse to deal with certain complaints (1) The Ombudsman may refuse to deal with a complaint if the Ombudsman considers— (a) the subject-matter of the complaint is trivial; or (b) the complaint is frivolous or vexatious or is not made in good faith; or (c) the complaint lacks substance or credibility; or (d) the subject-matter of the 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. (2) The Ombudsman may refuse to deal with a complaint if the complainant— (a) made the complaint more than 12 months after becoming aware of the administrative action; and (b) fails to give a satisfactory explanation for the delay in making the complaint. s. 229 -- 218 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 203 Authorised by the Chief Parliamentary Counsel 15B Investigation of complaints Subject to sections 15 and 15A, the Ombudsman may conduct an investigation under this Act on a complaint.". 230 Investigations referred by Parliament In section 16 of the Ombudsman Act 1973— (a) at the foot of subsection (2) insert— "Note Section 25AB provides for the manner of reporting."; (b) subsection (3) is repealed. 231 New Divisions 2A to 2E inserted in Part IV After Division 2 of Part IV of the Ombudsman Act 1973 insert— "Division 2A—Own motion investigations 16A Ombudsman may conduct own motion investigation (1) Subject to section 13AB and this section, the Ombudsman may conduct an investigation on his or her own motion into any administrative action taken by or in an authority. (2) The Ombudsman must not conduct an own motion investigation into any administrative action that appears to involve corrupt conduct. Note See also section 16D. (3) The Ombudsman must not conduct an own motion investigation into any administrative action that is taken under the Freedom of Information Act 1982. s. 230 -- 219 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 204 Authorised by the Chief Parliamentary Counsel (4) The Ombudsman must not conduct an own motion investigation into a matter relating to terms and conditions of employment of persons who are or were employed by or in an authority unless the Ombudsman considers that the matter merits investigation in order to avoid injustice. (5) If the Ombudsman considers that a person aggrieved by any administrative action taken by or in an authority has or had a right of appeal or referral to, or review by, a tribunal, the Ombudsman must not conduct an own motion investigation into the matter unless the Ombudsman considers that in the particular circumstances— (a) it would not be reasonable to expect or have expected the person to exercise that right; or (b) the matter merits investigation to avoid injustice. (6) If the Ombudsman considers that a person aggrieved by any administrative action taken by or in an authority has or had a remedy by taking proceedings in a court, the Ombudsman must not conduct an own motion investigation into the matter unless the Ombudsman considers that in the particular circumstances— (a) it would not be reasonable to expect or have expected the person to take those proceedings; or (b) the matter merits investigation to avoid injustice. s. 231 -- 220 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 205 Authorised by the Chief Parliamentary Counsel Division 2B—Referred complaints and matters 16B What are referred complaints and referred matters? (1) For the purposes of this Act, a referred complaint is— (a) a complaint within the meaning of the Independent Broad-based Anti- corruption Commission Act 2011 referred to the Ombudsman by the IBAC under section 49C of that Act; or (b) a complaint about any administrative action taken by or in an authority referred to the Ombudsman by another person or body (whether under an Act or otherwise). (2) For the purposes of this Act, a referred matter is— (a) a notification within the meaning of the Independent Broad-based Anti- corruption Commission Act 2011 referred to the Ombudsman by the IBAC under section 49C of that Act; or (b) a matter referred, or information provided, to the Ombudsman (whether under an Act or otherwise) about any administrative action taken by or in an authority, but not including a matter referred to the Ombudsman under section 16. 16C Dealing with referred complaints (1) The Ombudsman may deal with a referred complaint if it could be made the subject of a complaint under section 14. (2) The referred complaint is to be dealt with as if it were a complaint under section 14. s. 231 -- 221 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 206 Authorised by the Chief Parliamentary Counsel (3) Section 15(1) does not apply to a referred complaint that is a complaint within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 referred to the Ombudsman by the IBAC under section 49C of that Act. 16D Dealing with referred matters (1) The Ombudsman may deal with a referred matter if the matter could be made the subject of an own motion investigation. Note Section 16A sets out the Ombudsman's power to conduct an own motion investigation. (2) The referred matter is to be dealt with as if it were an own motion investigation. (3) Section 16A(2) does not apply to a referred matter that is a notification within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 referred to the Ombudsman by the IBAC under section 49C of that Act. Division 2C—Mandatory notifications by the Ombudsman 16E Notification to IBAC (1) The Ombudsman must notify the IBAC of the following— (a) a complaint or referred matter that appears to involve corrupt conduct or police personnel conduct; or (b) a matter that appears to involve corrupt conduct or police personnel conduct of which the Ombudsman becomes aware in the course of dealing with a complaint, conducting an own motion s. 231 -- 222 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 207 Authorised by the Chief Parliamentary Counsel investigation or performing any other functions under this Act. (2) If the Ombudsman notifies the IBAC of a complaint under subsection (1), the Ombudsman must inform the complainant in writing. (3) This section does not apply to anything referred to the Ombudsman by the IBAC under section 49C of the Independent Broad-based Anti-corruption Commission Act 2011. (4) If the Ombudsman considers at any time that anything referred to the Ombudsman by the IBAC under section 49C of the Independent Broad-based Anti-corruption Commission Act 2011 appears to involve conduct that is serious corrupt conduct, the Ombudsman must inform the IBAC. (5) This section does not apply to corrupt conduct of the IBAC or IBAC personnel. 16F Notification to Victorian Inspectorate (1) The Ombudsman must notify the Victorian Inspectorate of any of the following— (a) a complaint or referred matter that appears to involve conduct of the IBAC or IBAC personnel; (b) a complaint or referred matter that appears to involve conduct (other than corrupt conduct) of an Ombudsman officer, a VAGO officer, the Chief Examiner or an Examiner. (2) The Ombudsman must notify the Victorian Inspectorate of any matter relating to conduct referred to in subsection (1)(a) or (b) of which the Ombudsman becomes aware in s. 231 -- 223 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 208 Authorised by the Chief Parliamentary Counsel the course of dealing with a complaint, conducting an own motion investigation or performing any other functions under this Act, if the Ombudsman considers that the matter is relevant to the performance of the functions of the Victorian Inspectorate. (3) If the Ombudsman notifies the Victorian Inspectorate of a complaint under this section, the Ombudsman must inform the complainant in writing. 16G Notification to Freedom of Information Commissioner (1) The Ombudsman must notify the Freedom of Information Commissioner of a complaint if the complaint could be made the subject of a complaint under Part VIA of the Freedom of Information Act 1982. (2) If the Ombudsman notifies the Freedom of Information Commissioner of a complaint under this section, the Ombudsman must inform the complainant in writing. Division 2D—Referrals by the Ombudsman 16H Application of Division This Division does not apply to— (a) a complaint that appears to involve corrupt conduct or police personnel conduct; or (b) a complaint that appears to involve conduct of— (i) the IBAC or IBAC personnel; or (ii) an Ombudsman officer; or (iii) a VAGO officer; or s. 231 -- 224 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 209 Authorised by the Chief Parliamentary Counsel (iv) the Chief Examiner or an Examiner; or (c) a complaint about administrative action that is taken under the Freedom of Information Act 1982. 16I Ombudsman may refer complaints The Ombudsman may refer a complaint to a person or body specified in Schedule 3 if, at any time, the Ombudsman considers that— (a) the subject matter of the complaint is relevant to the performance of the duties and functions or the exercise of powers of the person or body; and (b) it would be more appropriate for the complaint to be dealt with by the person or body rather than by the Ombudsman. 16J Notice of referral If the Ombudsman refers a complaint to a person or body under section 16I, the Ombudsman— (a) must inform the complainant in writing; and (b) may inform the following in writing— (i) the principal officer (if any) of the authority to which the complaint relates; and (ii) the responsible Minister for the authority to which the complaint relates; and (iii) if the authority to which the complaint relates is a member of staff of a Council, the Mayor of the Council. s. 231 -- 225 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 210 Authorised by the Chief Parliamentary Counsel 16K Consultation prior to referral For the purposes of deciding whether to make a referral under this Division to a person or body, the Ombudsman may consult that person or body. Division 2E—Information sharing 16L 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 under this Act to a person or body specified in subsection (2) 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 (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) 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) the Chief Commissioner of Police; (e) the Director of Public Prosecutions; s. 231 -- 226 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 211 Authorised by the Chief Parliamentary Counsel (f) the Freedom of Information Commissioner; (g) the Privacy Commissioner; (h) the Health Services Commissioner; (i) a person or body prescribed by Rules of Parliament made under this Act. (3) 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).". 232 Procedure relating to investigations (1) For section 17(1) of the Ombudsman Act 1973 substitute— "(1) Before conducting an investigation under this Act, the Ombudsman must inform the following in writing of the Ombudsman's intention to conduct the investigation— (a) the complainant; and (b) the principal officer (if any) of the authority to which the investigation relates; and (c) the responsible Minister for the authority to which the investigation relates; and (d) if the investigation relates to a member of staff of a Council, the Mayor of the Council.". (2) In section 17(3) of the Ombudsman Act 1973 omit "and may determine whether any person may be represented by an Australian lawyer (within the meaning of the Legal Profession Act 2004) or otherwise in the investigation". s. 232 -- 227 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 212 Authorised by the Chief Parliamentary Counsel (3) For section 17(4) of the Ombudsman Act 1973 substitute— "(4) If at any time during an investigation it appears to the Ombudsman that there may be grounds for making a report adverse to an authority, the Ombudsman must, before making the report, give the principal officer (if any) of the authority the opportunity to comment on the subject-matter of the investigation.". (4) For section 17(5A) and (6) of the Ombudsman Act 1973 substitute— "(5A) If an investigation relates to an administrative action taken by a member of staff of a Council, the Ombudsman— (a) may, at any time during or after the investigation, consult the Mayor of the Council; and (b) must, if the Mayor so requests or the investigation relates to a recommendation made to the Council, consult the Mayor before forming an adverse opinion in relation to the administrative action. (6) If, during or after an investigation, the Ombudsman considers that there is evidence of a breach of duty or misconduct on the part of an authority or a member, officer or employee of an authority, the Ombudsman must— (a) report the matter to the principal officer (if any) of the authority; and (b) send a copy of the report to the responsible Minister and, if the authority is a member of staff of a Council, to the Mayor of the Council.". s. 232 -- 228 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 213 Authorised by the Chief Parliamentary Counsel 233 Investigation powers (1) Insert the following heading to section 18 of the Ombudsman Act 1973— "Investigation powers and privileges". (2) After section 18(1) of the Ombudsman Act 1973 insert— "(1A) A witness summons issued by the Ombudsman— (a) must be in the form (if any) prescribed by Rules of Parliament made under this Act; and (b) if the witness summons requires the person to whom it is directed to give evidence, must state the nature of the matters about which the person is to give evidence, except to the extent to which the Ombudsman forms the opinion on reasonable grounds that this may— (i) prejudice the conduct of the investigation to which the witness summons relates; or (ii) be contrary to the public interest. (1B) For the avoidance of doubt, the Ombudsman is not required to give reasons for forming the opinion referred to in subsection (1A)(b).". (3) In section 18(2) of the Ombudsman Act 1973, for "any such investigation" substitute "an investigation under this Act". s. 233 -- 229 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 214 Authorised by the Chief Parliamentary Counsel 234 New sections 18A to 18G inserted After section 18 of the Ombudsman Act 1973 insert— "18A 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— (a) the name of the person summoned; (b) the reasons why the summons was issued. 18B 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 them must provide proof of age to the Ombudsman in accordance with Rules of Parliament made under this Act. 18C 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. s. 234 -- 230 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 215 Authorised by the Chief Parliamentary Counsel (2) Without limiting subsection (1) but subject to subsection (3), a person may seek legal advice, and be represented by, a legal practitioner in relation to— (a) the issue of a witness summons directed to the person; (b) a compulsory appearance by the person; (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 s. 234 -- 231 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 216 Authorised by the Chief Parliamentary Counsel (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. (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 it is given to the person to obtain representation by another legal practitioner before the person is required 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. 18D Advance notice for voluntary appearances (1) Within a reasonable time before a voluntary appearance, the Ombudsman must advise the person who is to appear of the nature of the matters in respect of which the person is to be asked questions, except to the extent to which the Ombudsman forms the opinion on s. 234 -- 232 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 217 Authorised by the Chief Parliamentary Counsel reasonable grounds that this may prejudice the conduct of the investigation to which the appearance relates or may be contrary to the public interest. (2) For the avoidance of doubt, the Ombudsman is not required to give reasons for forming the opinion referred to in subsection (1). 18E 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 he or she may be under the age of 18 years; and (b) release the person from the appearance if the person 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 by Rules of Parliament made under this Act; and (d) inform a legal practitioner who is representing the person of any non- disclosure requirements that apply under this Act; and (e) take any other actions prescribed for the purposes of this subsection by Rules of Parliament made under this Act. (3) At any time during the appearance, if the presiding officer becomes aware that the person appearing is under the age of s. 234 -- 233 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 218 Authorised by the Chief Parliamentary Counsel 16 years, the presiding officer must immediately release the person from the appearance. (4) If the person appearing does not have knowledge of the English language that is sufficient to enable the person to understand questions asked of him or her or to answer those questions, before the questioning commences the presiding officer must provide for a competent interpreter to be present. (5) If the person appearing is under the age of 18 years, the person must be accompanied by a parent or guardian or an independent person. (6) 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. 18F Audio or video recording of compulsory appearances (1) This section applies to a compulsory appearance. (2) The presiding officer must ensure that the appearance is audio or video recorded. (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— s. 234 -- 234 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 219 Authorised by the Chief Parliamentary Counsel (a) the appearance was audio or video recorded; 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 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 his or her evidence at Ombudsman premises 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. s. 234 -- 235 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 220 Authorised by the Chief Parliamentary Counsel 18G 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 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.". 235 Confidentiality (1) Insert the following heading to section 20 of the Ombudsman Act 1973— "Disclosing or taking advantage of information—transitional provision". (2) In section 20 of the Ombudsman Act 1973, subsection (3) is repealed. (3) After section 20(4) of the Ombudsman Act 1973 insert— "(5) This section does not apply to any information obtained or received by a person on or after the commencement of Division 1 of Part 7 of the Integrity and Accountability Legislation Amendment Act 2012. Note Part VA applies to information acquired on or after the commencement of Division 1 of Part 7 of the Integrity and Accountability Legislation Amendment Act 2012.". s. 235 -- 236 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 221 Authorised by the Chief Parliamentary Counsel 236 Communication of information Sections 20B, 20C and 20D of the Ombudsman Act 1973 are repealed. 237 Entry of premises In section 21 of the Ombudsman Act 1973, for "an officer of the Ombudsman authorized by him in that behalf" substitute "a member of Ombudsman staff authorised to do so by the Ombudsman". 238 Investigations under Melbourne City Link Act 1995 Division 3A of Part IV of the Ombudsman Act 1973 is repealed. 239 Procedure on completion of investigation (1) In section 23(2) of the Ombudsman Act 1973, for "the Ombudsman shall report his opinion and his reasons therefor to the principal officer of the appropriate authority, and may make such recommendations as he thinks fit" substitute "the Ombudsman must report his or her opinion and the reasons for it to the principal officer of the authority or, if there is no principal officer, to the responsible Minister for the authority, and may make any recommendations the Ombudsman thinks fit". (2) For section 23(3) of the Ombudsman Act 1973 substitute— "(3) If the Ombudsman makes a report or recommendations under subsection (2), the Ombudsman— (a) must send a copy— (i) to the responsible Minister for the authority (unless the Ombudsman has made the report or recommendations to the s. 236 -- 237 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 222 Authorised by the Chief Parliamentary Counsel responsible Minister under subsection (2)); and (ii) if the authority is a member of staff of a Council, to the Mayor of the Council; and (b) may send a copy to the Premier.". (3) In section 23 of the Ombudsman Act 1973— (a) in subsection (4), for "principal officer of an authority he may request that principal officer to notify him" substitute "principal officer of, or responsible Minister for, an authority, the Ombudsman may request the principal officer or responsible Minister to notify the Ombudsman"; (b) in subsection (5)— (i) after "principal officer" insert "or responsible Minister"; (ii) in paragraph (b), for "municipal council, to the mayor of the municipal council" substitute "Council, to the Mayor of the Council"; (c) subsection (7) is repealed. 240 Complainant to be informed of result of investigation After section 24(2) of the Ombudsman Act 1973 insert— "(3) The Ombudsman must not disclose any information under this section if the Ombudsman 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 s. 240 -- 238 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 223 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.". 241 Transmission of reports to Parliament In the heading to section 25AA of the Ombudsman Act 1973, after "Transmission of" insert "sections 23(6) and 25". 242 New section 25AB inserted After section 25AA of the Ombudsman Act 1973 insert— "25AB Transmission of section 16 reports The Ombudsman must send a report under section 16 to— (a) the President of the Legislative Council, if the matter was referred by the Legislative Council or a committee of the Legislative Council; or (b) the Speaker of the Legislative Assembly, if the matter was referred by the Legislative Assembly or a committee of the Legislative Assembly; or (c) the President of the Legislative Council and the Speaker of the Legislative Assembly, if the matter was referred by s. 241 -- 239 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 224 Authorised by the Chief Parliamentary Counsel a joint committee of both Houses of Parliament.". 243 New section 25A substituted and section 25B inserted For section 25A of the Ombudsman Act 1973 substitute— "25A Content of reports (1) The Ombudsman must not include in a report under this Act— (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; 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. (2) If the Ombudsman intends to include in a report under this Act a comment or opinion that is adverse to any person, the Ombudsman must first give the person a reasonable opportunity to respond to the adverse material and fairly set out the response in the report. s. 243 -- 240 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 225 Authorised by the Chief Parliamentary Counsel (3) The Ombudsman must not include in a report under this Act any information that would identify any person who is not the subject of any adverse comment or opinion unless the Ombudsman— (a) is satisfied that it is necessary or desirable to do so in the public interest; and (b) is satisfied that it will not cause unreasonable damage to the person's reputation, safety or wellbeing; and (c) states in the report that the person is not the subject of any adverse comment or opinion. 25B Persons who receive proposed or draft reports or information in them (1) Subject to subsections (4), (5), and (6), a person who receives a proposed report, or a draft or part of a proposed report or information contained in a proposed report or draft or part of a proposed report, before the relevant time must not disclose any information contained in the proposed report or draft or part of the proposed report unless— (a) the disclosure is permitted under subsection (3); and (b) the advice required by subsection (7) is given at the same time the disclosure is made. Penalty: 120 penalty units or imprisonment for 12 months or both. s. 243 -- 241 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 226 Authorised by the Chief Parliamentary Counsel (2) For the purposes of subsection (1) the relevant time is— (a) for a report that is to be laid before a House of the Parliament, the time when the report is so laid; or (b) for any other report, the time when the report is made by the Ombudsman. (3) For the purposes of subsection (1), a disclosure is permitted if the disclosure— (a) is made in accordance with a direction or authorisation given by the Ombudsman; or (b) is made by an officer of an authority, the responsible Minister for an authority or a member of staff of the responsible Minister to other officers of the authority, the responsible Minister or other members of staff of the responsible Minister for the purposes of enabling the authority or the responsible Minister to respond to the proposed report or draft or part of the proposed report; or (c) is made by a member of staff of a Council to the Mayor of the Council or by the Mayor to a member of staff of the Council for the purposes of enabling the Council to respond to the proposed report or draft or part of the proposed report; or (d) subject to any direction given under section 18C(3), is made for the purposes of obtaining legal advice or representation in relation to the proposed report or draft or part of the proposed report; or s. 243 -- 242 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 227 Authorised by the Chief Parliamentary Counsel (e) is otherwise authorised or required to be made by or under this Act. (4) Despite subsection (1), a disclosure is permitted if the disclosure is made for the purposes of making a complaint about the conduct of an Ombudsman officer— (a) to the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or (b) to the Victorian Inspectorate under the Victorian Inspectorate Act 2011. (5) Despite subsection (1), a disclosure is permitted 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. (6) Despite subsection (1), a disclosure is permitted if the disclosure is made after the information is laid before a House of the Parliament in a report by the Ombudsman or has otherwise been made public in accordance with the Act. (7) A person who makes a disclosure of information permitted by subsection (3) must advise any person to whom the disclosure is made that this section applies in relation to the subsequent disclosure of that information by the person to whom the disclosure is made. s. 243 -- 243 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 228 Authorised by the Chief Parliamentary Counsel (8) Proceedings may only be instituted for an offence under subsection (1)— (a) by the Ombudsman; or (b) by or with the consent of the Director of Public Prosecutions.". 244 New Part VA inserted After Part V of the Ombudsman Act 1973 insert— "PART VA—CONFIDENTIALITY Division 1—Confidentiality requirements for Ombudsman officers 26A Unauthorised disclosure (1) A person who is, or was, an Ombudsman officer must not, directly or indirectly, provide or disclose any information acquired by the person by reason of, or in the course of, the performance of the duties and functions of the Ombudsman, or the exercise of the powers of the Ombudsman, under this Act or any other Act except— (a) for the performance of the duties and functions of the Ombudsman, or the exercise of the powers of the Ombudsman, in accordance with this Act or any other Act; or (b) for the purposes of— (i) proceedings for an offence; or (ii) a disciplinary process or action— instituted as a result of an investigation conducted by the Ombudsman; or s. 244 -- 244 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 229 Authorised by the Chief Parliamentary Counsel (c) for the purposes of proceedings for an offence against section 19 of the Evidence (Miscellaneous Provisions) Act 1958; or (d) as is otherwise authorised or required to be made by or under this Act. Penalty: 120 penalty units or imprisonment for 12 months or both. (2) Proceedings may only be instituted for an offence under subsection (1)— (a) by the Ombudsman; or (b) by or with the consent of the Director of Public Prosecutions. 26B Taking advantage of information (1) A person who is, or was, an Ombudsman officer must not take advantage of any knowledge gained from information referred to in section 26A to benefit the person or any other person. Penalty: 120 penalty units or imprisonment for 12 months or both. (2) Proceedings may only be instituted for an offence under subsection (1)— (a) by the Ombudsman; or (b) by or with the consent of the Director of Public Prosecutions. s. 244 -- 245 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 230 Authorised by the Chief Parliamentary Counsel Division 2—Confidentiality notices 26C Confidentiality notice (1) During an investigation— (a) if the Ombudsman considers on reasonable grounds that the disclosure of one or more restricted matters would be likely— (i) to prejudice an investigation by the IBAC or the Victorian Inspectorate; or (ii) to prejudice the safety or reputation of a person; or (iii) to prejudice the fair trial of a person who has been, or may be, charged with an offence— the Ombudsman must issue a confidentiality notice in respect of the investigation to a person (other than a member of Ombudsman staff, an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or restricted matters in accordance with this section; and (b) if the Ombudsman considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice the investigation, the Ombudsman may issue a confidentiality notice in respect of the investigation to a person (other than a member of Ombudsman staff, an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or restricted matters in accordance with this section. s. 244 -- 246 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 231 Authorised by the Chief Parliamentary Counsel (2) A confidentiality notice must— (a) be in the form (if any) prescribed by Rules of Parliament made under this Act; (b) specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued; (c) include a copy of the provisions of subsections (3) to (7) and sections 26D and 26F and an explanation of the effect of those provisions; (d) if a restricted matter specified in the confidentiality notice is the fact that the person has given, or may give, evidence, or has produced, or may produce, any document or thing, at a compulsory appearance or a voluntary appearance, specify that the Ombudsman authorises the person to whom the confidentiality notice is issued to disclose the restricted matter to— (i) the person's spouse or domestic partner; and (ii) the principal officer (if any) of the authority to which the investigation relates; and (iii) the person's employer or manager or both, for the purpose of enabling the person to take the appropriate leave from his or her employment in order to appear— except to the extent that the Ombudsman considers that the authorisation to make the disclosure s. 244 -- 247 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 232 Authorised by the Chief Parliamentary Counsel would be likely to have the effect specified in subsection (1)(a) or (b). (3) If at any time the Ombudsman 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) or (b), the Ombudsman 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 Ombudsman 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) or (b), the Ombudsman 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). s. 244 -- 248 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 233 Authorised by the Chief Parliamentary Counsel (5) If at any time the Ombudsman 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) or (b), the Ombudsman 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 Ombudsman must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless— (a) the Ombudsman has applied for an order under section 26D extending the confidentiality notice and the application has not been determined; or (b) the Supreme Court has made an order under section 26D extending the confidentiality notice; or (c) the confidentiality notice has already been cancelled under subsection (3), (4) or (5) or section 26D(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 Ombudsman issues a notice cancelling the confidentiality notice under subsection (3), (4), (5) or (6) or section 26D(3); s. 244 -- 249 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 234 Authorised by the Chief Parliamentary Counsel (b) the date specified in an order under section 26D 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. 26D Extension of confidentiality notice (1) If, before the conclusion of an investigation in respect of which a confidentiality notice has been issued, the Ombudsman considers on reasonable grounds that it is necessary to extend the confidentiality notice for a period following the investigation, the Ombudsman 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 26C(1)(a) or (b). (3) If, on an application under subsection (1), the Supreme Court declines to make an order under subsection (2), the Ombudsman 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. s. 244 -- 250 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 235 Authorised by the Chief Parliamentary Counsel Note Section 26C(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. 26E Ombudsman to provide Victorian Inspectorate with copies The Ombudsman, as soon as reasonably practicable, must provide the Victorian Inspectorate with a copy of— (a) each confidentiality notice issued by the Ombudsman; (b) each notice cancelling a confidentiality notice issued by the Ombudsman under section 26C(3), (4), (5) or (6) or section 26D(3); (c) each application to the Supreme Court under section 26D(1) to extend a confidentiality notice; (d) each order of the Supreme Court under section 26D(2) extending a confidentiality notice. 26F Disclosure subject to confidentiality notice (1) Subject to subsections (2), (3), (4) and (5), a person who— (a) is duly served with a confidentiality notice and, if applicable, a copy of any order extending the confidentiality notice; or s. 244 -- 251 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 236 Authorised by the Chief Parliamentary Counsel (b) receives a copy of a confidentiality notice under subsection (6) or (7) 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) Despite subsection (1), 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 Ombudsman; (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 if the person— (i) 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, to an interpreter; (ii) is a person under the age of 18 years, to a parent, guardian or independent person; s. 244 -- 252 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 237 Authorised by the Chief Parliamentary Counsel (iii) is a person who 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, to an independent person; (c) subject to any direction given under section 18C(3), for the purposes of obtaining legal advice or representation in relation to— (i) an enquiry or investigation conducted by the Ombudsman under this Act; or (ii) the person's rights, liabilities, obligations and privileges under this 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 his or her professional relationship with his or her client; (e) as is otherwise authorised or required to be made by or under this Act. (3) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of making— s. 244 -- 253 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 238 Authorised by the Chief Parliamentary Counsel (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. (4) Despite subsection (1), 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. (5) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure made is of information that has been laid before a House of the Parliament in a report by the Ombudsman or has otherwise been made public in accordance with this Act. (6) 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. s. 244 -- 254 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 239 Authorised by the Chief Parliamentary Counsel (7) 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. (8) Proceedings may only be instituted for an offence under subsection (1), (6) or (7)— (a) by the Ombudsman; or (b) by or with the consent of the Director of Public Prosecutions. __________________". 245 New Part VB inserted Before Part VI of the Ombudsman Act 1973 insert— "PART VB—OVERSIGHT OF THE OMBUDSMAN 26G Oversight by Victorian Inspectorate The functions of the Victorian Inspectorate in respect of Ombudsman officers are set out in the Victorian Inspectorate Act 2011. s. 245 -- 255 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 240 Authorised by the Chief Parliamentary Counsel 26H Oversight by Accountability and Oversight Committee (1) The functions of the Accountability and Oversight Committee under this Act are— (a) to monitor and review the performance of the duties and functions of the Ombudsman; (b) to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of the Ombudsman that requires the attention of the Parliament; (c) to examine any reports by the Ombudsman that are laid before a House of the Parliament. (2) Despite anything to the contrary in subsection (1), the Accountability and Oversight Committee cannot— (a) investigate a matter relating to particular conduct the subject of any particular complaint, referred complaint or referred matter; (b) review any decision to investigate, not to investigate or to discontinue an investigation of, a particular complaint, referred complaint or referred matter; (c) review any findings, recommendations, determinations or other decisions of the Ombudsman in relation to a particular complaint, referred complaint or referred matter or an investigation conducted by the Ombudsman; s. 245 -- 256 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 241 Authorised by the Chief Parliamentary Counsel (d) disclose any information relating to the performance of a function or duty or the exercise of a power by the Ombudsman which may— (i) prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, the IBAC or the Victorian Inspectorate; or (ii) contravene any secrecy or confidentiality provision in any relevant Act. 26I Powers and procedures of Accountability and Oversight Committee The powers and procedures of a Joint Investigatory Committee under the Parliamentary Committees Act 2003 apply to the Accountability and Oversight Committee in the performance of its functions under this Act. __________________". 246 Letters by persons in custody etc. In section 28(3) of the Ombudsman Act 1973— (a) in paragraph (a), for "officer of the Ombudsman" substitute "Ombudsman officer"; (b) in paragraph (b), for "the Deputy Ombudsman or an officer of the Ombudsman" substitute "an Ombudsman officer". s. 246 -- 257 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 242 Authorised by the Chief Parliamentary Counsel 247 Exemption from Freedom of Information Act 1982 For section 29A(1) of the Ombudsman Act 1973 substitute— "(1) The Freedom of Information Act 1982 does not apply to a document that is in the possession of any person or body to the extent to which the document discloses information that relates to— (a) a complaint, a referred complaint, a referred matter or a matter referred to the Ombudsman under section 16; or (b) an enquiry or investigation conducted under this Act; or (c) a recommendation made by the Ombudsman under this Act; or (d) a report made under this Act or a draft of a report.". 248 New section 29B inserted After section 29A of the Ombudsman Act 1973 insert— "29B Evidence Information obtained or received by a party from the Ombudsman in the course of or as a result of the performance of the Ombudsman's functions under this Act is not admissible in evidence (if given by that party) in any legal proceedings other than proceedings in relation to— (a) an offence against this Act; or (b) an offence against section 19 of the Evidence (Miscellaneous Provisions) Act 1958.". s. 247 -- 258 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 243 Authorised by the Chief Parliamentary Counsel 249 Penalties In section 30 of the Ombudsman Act 1973, for "A person" substitute "Unless another penalty is specified in the provision creating the offence, a person". 250 New section 35 inserted After section 34 of the Ombudsman Act 1973 insert— "35 Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012 (1) Subject to this section, this Act, as in force immediately before the commencement day, continues to apply on and after the commencement day to— (a) a complaint made before the commencement day under section 14; (b) an investigation begun before the commencement day under section 14(1) on the Ombudsman's own motion; (c) a matter referred to the Ombudsman before the commencement day under section 16 for investigation and report; (d) a review begun before the commencement day under section 13(2AB). (2) Section 18, as amended by section 233 of the amending Act, applies to a witness summons issued on or after the commencement day, including a witness summons issued in relation to a complaint, investigation, matter or review referred to in subsection (1). s. 249 -- 259 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 244 Authorised by the Chief Parliamentary Counsel (3) Sections 18A and 18B apply in relation to a witness summons issued on or after the commencement day, including a witness summons issued in relation to a complaint, investigation, matter or review referred to in subsection (1). (4) A summons issued by the Ombudsman under section 17 of the Evidence (Miscellaneous Provisions) Act 1958 to a person who is under the age of 16 years that was in force immediately before the commencement day ceases to have any force or effect on and from that day. (5) Section 18C applies on and after the commencement day including in relation to a complaint, investigation, matter or review referred to in subsection (1). However, section 18C(3) applies only in relation to— (a) a witness summons issued on or after the commencement day; or (b) a compulsory appearance on or after that day; or (c) a proposed report, or draft or part of a proposed report, under this Act received by a person on or after that day. (6) Sections 18D, 18E, 18F and 18G apply to a compulsory appearance or voluntary appearance (as the case requires) on or after the commencement day, including a compulsory or voluntary appearance in relation to a complaint, investigation, matter or review referred to in subsection (1). s. 250 -- 260 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 245 Authorised by the Chief Parliamentary Counsel (7) Section 24, as amended by section 240 of the amending Act, applies on and after the commencement day including in relation to a complaint referred to in subsection (1)(a). (8) Section 25A applies to a report made on or after the commencement day, including a report made in relation to a complaint, investigation, matter or review referred to in subsection (1). (9) Section 25B applies to a person who receives a proposed report, or a draft or part of a proposed report or information contained in a proposed report or draft or part of a proposed report, on or after the commencement day, including a proposed report, or a draft or part of a proposed report or information contained in a proposed report or draft or part of a proposed report, in relation to a complaint, investigation, matter or review referred to in subsection (1). (10) Part VA, as inserted by section 244 of the amending Act, applies to information acquired on or after the commencement day, including information acquired on or after the commencement day in relation to a complaint, investigation, matter or review referred to in subsection (1). (11) Section 20(5), as inserted by section 235(3) of the amending Act, applies on and after the commencement day in relation to a complaint, investigation, matter or review referred to in subsection (1). (12) For a complaint, investigation or matter referred to in subsection (1) that involves administrative action taken by the Director, Police Integrity or by or in the Office of s. 250 -- 261 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 246 Authorised by the Chief Parliamentary Counsel Police Integrity, this Act applies on or after the commencement day as if— (a) a reference to the relevant authority were a reference to the IBAC; and (b) a reference to the principal officer were a reference to the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; and (c) a reference to the responsible Minister were a reference to the Minister administering the Independent Broad- based Anti-corruption Commission Act 2011. (13) The Ombudsman must give the IBAC any document, information or other thing in the Ombudsman's possession that is reasonably required by the IBAC for the performance of functions under Part 6A of the Independent Broad-based Anti-corruption Commission Act 2011. (14) The Ombudsman may make and retain a copy of any document, information or other thing given to the IBAC under subsection (13) if it is necessary to do so for the performance of the Ombudsman's functions or duties or the exercise of the Ombudsman's powers under this or any other Act. (15) In this section— amending Act means the Integrity and Accountability Legislation Amendment Act 2012; commencement day means the day on which Division 1 of Part 7 of the amending Act comes into operation.". s. 250 -- 262 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 247 Authorised by the Chief Parliamentary Counsel 251 New Schedules 1, 2 and 3 substituted for the Schedule For the Schedule to the Ombudsman Act 1973 substitute— "SCHEDULES SCHEDULE 1 Section 2(1) SPECIFIED ENTITIES Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 1 Office of the Commissioner for Environmental Sustainability Commissioner for Environment Sustainability Minister administering the Commissioner for Environmental Sustainability Act 2003 2 Office of the Essential Services Commission The Chairperson within the meaning of the Essential Services Commission Act 2001 Minister administering the Essential Services Commission Act 2001 3 Office of the Freedom of Information Commissioner Freedom of Information Commissioner Minister administering Part IA of the Freedom of Information Act 1982 4 Office of the Legal Services Commissioner Legal Services Commissioner Minister administering the Legal Profession Act 2004 5 Office of the Privacy Commissioner Privacy Commissioner Minister administering the Information Privacy Act 2000 s. 251 -- 263 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 248 Authorised by the Chief Parliamentary Counsel Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 6 Office of Public Prosecutions Solicitor for Public Prosecutions Minister administering the Public Prosecutions Act 1994 7 Office of the Road Safety Camera Commissioner Road Safety Camera Commissioner Minister administering the Road Safety Camera Commissioner Act 2011 8 Office of the Taxi Services Commission Chairperson of the Commission Minister administering Division 3 of Part 5 of the Transport Integration Act 2010 9 Victorian Commission for Gambling and Liquor Regulation Chairperson of the Commission Minister administering the Victorian Commission for Gambling and Liquor Regulation Act 2011 10 Victorian Equal Opportunity and Human Rights Commission The Commissioner within the meaning of the Equal Opportunity Act 2010 Minister administering the Equal Opportunity Act 2010 11 Victorian Multicultural Commission Chairperson of the Commission Minister administering the Multicultural Victoria Act 2011 s. 251 -- 264 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 249 Authorised by the Chief Parliamentary Counsel Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 12 State Trustees The Chair of State Trustees Minister administering the State Trustees (State Owned Company) Act 1994 13 A public statutory body that is not specified elsewhere in this Schedule The chairperson or presiding member of the body For a body established by or under an Act, the Minister administering the provision of the Act under which the body is constituted or established In any other case, the Minister who is responsible for the body 14 The holder of an office established by or under an Act to which the right to appoint is vested in the Governor in Council or a Minister There is no principal officer The Minister administering the provision of the Act by or under which the office is established 15 A member of staff of a Council The Chief Executive Officer of the Council Minister administering Part 4 of the Local Government Act 1989 16 A person in the person's capacity as a delegate of the Victorian WorkCover Authority administering claims under the Workers Compensation Act 1958 The delegate or, if the delegate is a body corporate, the senior executive officer of the delegate (by whatever title he or she is known) Minister administering Part II of the Accident Compensation Act 1985 s. 251 -- 265 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 250 Authorised by the Chief Parliamentary Counsel Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 17 A person in the person's capacity as an authorised agent of the Victorian WorkCover Authority under the Accident Compensation Act 1985 The authorised agent or, if the authorised agent is a body corporate, the senior executive officer of the authorised agent (by whatever title he or she is known) Minister administering Part II of the Accident Compensation Act 1985 18 A body corporate in its capacity as a self- insurer under the Accident Compensation Act 1985 The senior executive officer of the self-insurer (by whatever title he or she is known) Minister administering Part V of the Accident Compensation Act 1985 19 A registered community service within the meaning of section 3(1) of the Children, Youth and Families Act 2005 in its capacity as carrying out any duty or function or exercising any power under that Act The person in charge of the registered community service Minister administering Chapter 2 of the Children, Youth and Families Act 2005 20 A person authorised under section 18 or 19 of the Children, Youth and Families Act 2005 in the person's capacity as carrying out any duty or function or exercising any power under that Act The Secretary within the meaning of section 3(1) of the Children, Youth and Families Act 2005 Minister administering Chapter 2 of the Children, Youth and Families Act 2005 s. 251 -- 266 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 251 Authorised by the Chief Parliamentary Counsel Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 21 A person in the person's capacity as an authorised assessor under Division 5 of Part 3.3 of the Children, Youth and Families Act 2005 The Secretary within the meaning of section 3(1) of the Children, Youth and Families Act 2005 Minister administering Division 5 of Part 3.3 of the Children, Youth and Families Act 2005 22 A person in the person's capacity as an authorised investigator under Division 4 of Part 3.4 of the Children, Youth and Families Act 2005 The Secretary within the meaning of section 3(1) of the Children, Youth and Families Act 2005 Minister administering Division 4 of Part 3.4 of the Children, Youth and Families Act 2005 23 A contractor within the meaning of section 3(1) of the Corrections Act 1986 in its capacity as a provider of services under that Act The holder of the office specified in the agreement under section 8B(1), 9(1) or 9AA of the Corrections Act 1986 for the purposes of the application of this Act to the contractor Minister administering Part 2A of the Corrections Act 1986 24 A sub-contractor within the meaning of section 3(1) of the Corrections Act 1986 in its capacity as a manager of a prison or police gaol under a sub-contract agreement The holder of the office specified in the sub-contract agreement for the purposes of the application of this Act to the sub- contractor Minister administering Part 2A of the Corrections Act 1986 s. 251 -- 267 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 252 Authorised by the Chief Parliamentary Counsel Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 25 A contractor within the meaning of section 2(1) of the Court Security Act 1980 in its capacity as a provider of court security services under that Act The holder of the office specified in the agreement under section 2C of the Court Security Act 1980 for the purposes of the application of this Act to the contractor Minister administering section 2C of the Court Security Act 1980 26 A person appointed as an authorised officer under section 71A(1) of the Domestic Animals Act 1994 There is no principal officer Minister administering the Domestic Animals Act 1994 27 A person appointed as an authorised officer under section 72A(1) of the Domestic Animals Act 1994 The Mayor of the relevant Council Minister administering the Domestic Animals Act 1994 28 A contractor or sub- contractor within the meaning of section 69A of the Health Services Act 1988 in its capacity as a provider of health services to public hospital patients at the hospital in accordance with an agreement under section 69B(1) of that Act or a sub-contract agreement The holder of the office specified in the agreement under section 69B(1) of the Health Services Act 1988 or the sub-contract agreement for the purposes of the application of this Act to the contractor or sub- contractor Minister administering Part 3A of the Health Services Act 1988 s. 251 -- 268 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 253 Authorised by the Chief Parliamentary Counsel Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 29 A contractor within the meaning of section 124A of the Magistrates' Court Act 1989 in its capacity as a provider of services under an agreement under section 124B(1) of that Act The holder of the office specified in the agreement under section 124B(1) of the Magistrates' Court Act 1989 for the purposes of the application of this Act to the contractor Minister administering Part 6A of the Magistrates' Court Act 1989 30 A sub-contractor within the meaning of section 124A of the Magistrates' Court Act 1989 in its capacity as a provider of services under a sub-contract agreement under that Act The holder of the office specified in the sub-contract agreement for the purposes of the application of this Act to the contractor Minister administering Part 6A of the Magistrates' Court Act 1989 31 An approved inspection service within the meaning of section 3(1) of the Plant Biosecurity Act 2010 in its capacity as a provider of services under an agreement under section 66 of that Act The holder of the office specified in the agreement under section 66 of the Plant Biosecurity Act 2010 for the purposes of the application of this Act to the approved inspection service Minister administering Division 2 of Part 7 of the Plant Biosecurity Act 2010 s. 251 -- 269 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 254 Authorised by the Chief Parliamentary Counsel Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 32 An officer of the Royal Society for the Prevention of Cruelty to Animals who is approved as a general inspector under section 18(1)(b)(ii) of the Prevention of Cruelty to Animals Act 1986 The Chief Executive Officer of the Royal Society for the Prevention of Cruelty to Animals Minister administering the Prevention of Cruelty to Animals Act 1986 33 A person in the person's capacity as an authorised officer within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008 For a person appointed by a Council under section 29 of the Public Health and Wellbeing Act 2008, the Chief Executive Officer of the Council For a person appointed under section 30 of the Public Health and Wellbeing Act 2008, the Secretary within the meaning of section 3(1) of that Act For a person appointed by a Council under section 224(1) of the Local Government Act 1989, the Chief Executive Officer of the Council Minister administering Part 9 of the Public Health and Wellbeing Act 2008 s. 251 -- 270 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 255 Authorised by the Chief Parliamentary Counsel Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 34 A person in the person's capacity as an authorised officer within the meaning of section 208 of the Transport (Compliance and Miscellaneous) Act 1983 For a person appointed under section 221A of the Transport (Compliance and Miscellaneous) Act 1983, the Secretary within the meaning of section 2(1) of that Act For a person appointed under section 221AB of the Transport (Compliance and Miscellaneous) Act 1983, the senior executive officer of the person or body by whom the person is employed or engaged Minister administering Division 4AA of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 s. 251 -- 271 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 256 Authorised by the Chief Parliamentary Counsel Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 35 A person in the person's capacity as a transport safety officer within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 (other than a person employed by a public statutory body) For a person appointed under section 228T of the Transport (Compliance and Miscellaneous) Act 1983 who is employed by or in an authority, the principal officer of the authority For any other person, the senior executive officer (by whatever title he or she is known) of the person's employer Minister administering Division 4B of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 36 The Victorian Auditor-General's Office The Auditor- General Minister administering the Audit Act 1994 37 A person or body prescribed by Rules of Parliament made under this Act for the purposes of this Schedule The person prescribed by Rules of Parliament made under this Act as the principal officer of the prescribed person or body The Minister prescribed by Rules of Parliament made under this Act as the responsible Minister for the prescribed person or body __________________ s. 251 -- 272 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 257 Authorised by the Chief Parliamentary Counsel SCHEDULE 2 Section 2(1) EXEMPT PERSONS AND BODIES 1 Police personnel 2 The Office of the Governor, the Official Secretary within the meaning of the Public Administration Act 2004 and employees in the Office of the Governor 3 The IBAC and IBAC Officers 4 The Victorian Inspectorate and Victorian Inspectorate Officers 5 A Public Interest Monitor 6 The Chief Examiner and an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004 7 A Victorian court or VCAT and any of the following— (a) a Judge of the Supreme Court; (b) an Associate Judge of the Supreme Court; (c) an acting Judge of the Supreme Court; (d) a Judge or an acting Judge of the Supreme Court who is appointed or assigned to VCAT; (e) a judge of the County Court; (f) an associate judge of the County Court; (g) an acting judge of the County Court; (h) a judge or an acting judge of the County Court who is appointed or assigned to VCAT; (i) a magistrate of the Magistrates' Court; (j) an acting magistrate of the Magistrates' Court; (k) a magistrate or an acting magistrate who is appointed or assigned to the Coroners Court, the Children's Court or VCAT; s. 251 -- 273 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 258 Authorised by the Chief Parliamentary Counsel (l) an acting coroner; (m) a judicial registrar of the Supreme Court, the County Court, the Magistrates' Court, the Children's Court or the Coroners Court; (n) a judicial employee employed under Division 3 of Part 6 of the Public Administration Act 2004; (o) any other member of VCAT. 8 A board, tribunal (other than VCAT), commission or other body presided over by a judge, magistrate or Australian lawyer (within the meaning of the Legal Profession Act 2004) presiding as such by virtue of a statutory requirement and appointment 9 A Commission of Inquiry established under section 88B of the Constitution Act 1975 10 A Board of Inquiry appointed under section 88C of the Constitution Act 1975 11 A person acting as legal adviser to the Crown or an authority, or as counsel for the Crown or an authority in any proceedings, including Crown Prosecutors and Associate Crown Prosecutors 12 The Solicitor-General appointed under the Attorney- General and Solicitor-General Act 1972 13 The Director of Public Prosecutions 14 A person in the capacity of trustee under the Trustee Act 1958 (but not including State Trustees) 15 The Victorian Electoral Commission 16 The Auditor-General 17 The Electoral Boundaries Commission 18 A Department of the Parliament __________________ s. 251 -- 274 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 259 Authorised by the Chief Parliamentary Counsel SCHEDULE 3 Section 16I PERSONS AND BODIES TO WHOM OR WHICH THE OMBUDSMAN MAY REFER COMPLAINTS 1 The Auditor-General 2 The Chief Commissioner of Police 3 The Commissioner for Environmental Sustainability 4 The Commissioner for Law Enforcement Data Security 5 The Director of Public Prosecutions 6 The Electoral Boundaries Commission 7 The Emergency Services Commissioner 8 The Environment Protection Authority 9 The Health Services Commissioner 10 The IBAC 11 The Privacy Commissioner 12 The Racing Integrity Commissioner 13 The Road Safety Camera Commissioner 14 The Taxi Services Commission 15 The Victorian Electoral Commission 16 The Victorian Equal Opportunity and Human Rights Commission 17 The Victorian Inspectorate 18 The Victorian WorkCover Authority 19 A coroner 20 A Commission of Inquiry established under section 88B of the Constitution Act 1975 21 A Board of Inquiry established under section 88C of the Constitution Act 1975 s. 251 -- 275 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 260 Authorised by the Chief Parliamentary Counsel 22 An inspector of municipal administration appointed under the Local Government Act 1989 23 A person or body prescribed for the purposes of this Schedule by Rules of Parliament made under this Act". Division 2—Consequential amendment of Freedom of Information Act 1982 252 Section 61M substituted For section 61M of the Freedom of Information Act 1982 substitute— "61M Complaints notified or referred by other bodies The Freedom of Information Commissioner may treat a complaint— (a) notified to him or her by the Ombudsman under section 16G of the Ombudsman Act 1973; or (b) referred to him or her by— (i) the Victorian Privacy Commissioner under section 34B of the Information Privacy Act 2000; or (ii) the Health Services Commissioner under section 51 of the Health Records Act 2001— as if it were a complaint made under section 61A.". s. 252 -- 276 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 261 Authorised by the Chief Parliamentary Counsel Division 3—Consequential amendments to Independent Broad-based Anti-corruption Commission Act 2011 253 Definitions In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, in the definition of integrity body, after paragraph (d) insert— "(da) the Victorian Inspectorate;". 254 Functions of the IBAC After section 9(6) of the Independent Broad- based Anti-corruption Commission Act 2011 insert— "(7) The IBAC has the monitoring and review functions set out in Part 6A.". 255 Referral of complaint or notification for investigation by another person or body After section 49C(2)(c) of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "(ca) the Victorian Inspectorate;". 256 Provision to the IBAC of information about referred complaint or notification For section 49H(1) of the Independent Broad- based Anti-corruption Commission Act 2011 substitute— "(1) This section applies to a referral under section 49C other than— (a) a referral to the Chief Commissioner of Police in relation to conduct of a person who is not a member of police personnel; or (b) a referral to the Victorian Inspectorate.". s. 253 -- 277 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 262 Authorised by the Chief Parliamentary Counsel 257 Withdrawal of referred complaint or notification For section 49I(1) of the Independent Broad- based Anti-corruption Commission Act 2011 substitute— "(1) This section applies to a referral under section 49C other than— (a) a referral to the Chief Commissioner of Police in relation to conduct of a person who is not a member of police personnel; or (b) a referral to the Victorian Inspectorate.". 258 New Part 6A inserted After Part 6 of the Independent Broad-based Anti-corruption Commission Act 2011 insert— "PART 6A—MONITORING AND REVIEW 89B Definitions In this Part— member of the force has the meaning given by section 3(1) of the Police Regulation Act 1958; relevant agency has the meaning given by section 69 of the Melbourne City Link Act 1995; restricted tolling information has the meaning given by section 90 of the Melbourne City Link Act 1995; the force has the meaning given by section 3(1) of the Police Regulation Act 1958. s. 257 -- 278 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 263 Authorised by the Chief Parliamentary Counsel 89C Monitoring compliance with Division 3 of Part 4 of Melbourne City Link Act 1995 (1) The IBAC is to monitor compliance by members of the force with Division 3 of Part 4 of the Melbourne City Link Act 1995. (2) The IBAC must review the records of the force at least twice during each financial year to monitor compliance by members of the force with Division 3 of Part 4 of the Melbourne City Link Act 1995. (3) Despite subsection (2), the IBAC may count any reviews done by the Ombudsman under section 13(2AB) of the Ombudsman Act 1973 during the financial year in which this section comes into operation towards the number of reviews required to be done by the IBAC under subsection (2) during that year. 89D Powers in relation to monitoring compliance with Division 3 of Part 4 of Melbourne City Link Act 1995 (1) An authorised officer may— (a) enter at any time premises occupied by the force at which the authorised officer reasonably believes there are records that contain, or relate to, restricted tolling information; and (b) enter the offices of a relevant agency (other than premises occupied by the force) during ordinary business hours to inspect or copy any records that contain, or relate to, restricted tolling information that relates, or that may relate, to any review being, or about to be, carried out under this Part; and s. 258 -- 279 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 264 Authorised by the Chief Parliamentary Counsel (c) inspect or copy any record or information found at any place entered under paragraph (a) or (b); and (d) report the results of any inspections carried out under this section to the Minister; and (e) do anything that it is necessary or convenient to do to enable an inspection to be carried out under this section. (2) An authorised officer may exercise a power of entry under this section only after he or she has notified the following of the intended entry— (a) in the case of entry to premises occupied by the force, the Chief Commissioner of Police; (b) in the case of entry to the offices of a relevant agency, the chief executive officer (by whatever name called) of the relevant agency. 89E Police must provide reasonable assistance The Chief Commissioner of Police must ensure that members of the force give the IBAC or an authorised officer any assistance the IBAC or an authorised officer reasonably requires to enable the IBAC or authorised officer to exercise the functions of the IBAC or an authorised officer under this Part. __________________". s. 258 -- 280 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 265 Authorised by the Chief Parliamentary Counsel Division 4—Consequential amendments to Parliamentary Committees Act 2003 259 Definition Insert the following definition in section 3 of the Parliamentary Committees Act 2003— "Ombudsman officer has the meaning given in section 2(1) of the Ombudsman Act 1973;". 260 Accountability and Oversight Committee (1) In section 6A(1) of the Parliamentary Committees Act 2003— (a) in paragraph (c), after "to report to" insert "both Houses of"; (b) in paragraph (e), for "those matters." substitute "those matters;"; (c) after paragraph (e) insert— "(f) to monitor and review the performance of the duties and functions of the Victorian Inspectorate in respect of Ombudsman 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 in respect of Ombudsman officers that require the attention of the Parliament; and (h) to examine any reports made by the Victorian Inspectorate in respect of Ombudsman officers; and (i) the functions conferred on the Committee by the Ombudsman Act 1973.". s. 259 -- 281 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 266 Authorised by the Chief Parliamentary Counsel (2) For section 6A(2) of the Parliamentary Committees Act 2003 substitute— "(2) Despite anything to the contrary in subsection (1), the Accountability and Oversight Committee cannot— (a) reconsider a decision of the Freedom of Information Commissioner in relation to a review of a particular matter; or (b) reconsider any recommendations or decisions of the Freedom of Information Commissioner in relation to a complaint under the Freedom of Information Act 1982; or (c) investigate a matter relating to particular conduct the subject of any report made by the Victorian Inspectorate in respect of an Ombudsman officer; or (d) review any decision to investigate, not to investigate or to discontinue an investigation of, a particular complaint made to the Victorian Inspectorate in accordance with the Victorian Inspectorate Act 2011 in respect of an Ombudsman officer; or (e) 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 Victorian Inspectorate in accordance with the Victorian Inspectorate Act 2011 in respect of an Ombudsman officer; or s. 260 -- 282 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 267 Authorised by the Chief Parliamentary Counsel (f) disclose any information relating to the performance of a duty or function or exercise of a power by the Victorian Inspectorate which may— (i) prejudice any criminal proceedings or criminal investigations; or (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.". Division 5—Consequential amendments to Victorian Inspectorate Act 2011 261 Definitions Insert the following definitions in section 3(1) of the Victorian Inspectorate Act 2011— "office of the Ombudsman has the meaning given in section 2(1) of the Ombudsman Act 1973; Ombudsman officer has the meaning given in section 2(1) of the Ombudsman Act 1973; Ombudsman premises has the meaning given in section 2(1) of the Ombudsman Act 1973;". 262 Objects of Act In section 4 of the Victorian Inspectorate Act 2011— (a) in paragraph (d), for "officers." substitute "officers; and"; s. 261 -- 283 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 268 Authorised by the Chief Parliamentary Counsel (b) after paragraph (d) insert— "(e) provide for the independent oversight of Ombudsman officers.". 263 Investigation of conduct occurring before the commencement of this section In section 5A of the Victorian Inspectorate Act 2011— (a) in paragraph (a), after "VAGO officer" insert "or any Ombudsman officer"; (b) in paragraph (b)(i), after "29(3)" insert "or (5)"; (c) in paragraph (b)(ii), after "31(2)" insert "or (3)". 264 Functions of the Victorian Inspectorate After section 9(3) of the Victorian Inspectorate Act 2011 insert— "(4) Without limiting the generality of subsection (1), the Victorian Inspectorate has the following functions in respect of Ombudsman officers— (a) to monitor— (i) the exercise of coercive powers by Ombudsman officers; and (ii) compliance by Ombudsman officers with procedural fairness requirements in the performance of functions under the Ombudsman Act 1973 or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the Ombudsman Act 1973 or any other Act; s. 263 -- 284 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 269 Authorised by the Chief Parliamentary Counsel (b) to receive complaints in accordance with this Act about the conduct of Ombudsman officers; (c) to investigate and assess in accordance with this Act the conduct of Ombudsman officers; (d) to report on, and make recommendations as a result of, the performance of its functions under paragraphs (a) to (c).". 265 Delegation After section 23(1)(ia) of the Victorian Inspectorate Act 2011 insert— "(ib) the power to authorise a Victorian Inspectorate Officer to enter Ombudsman premises under section 33N(5); or". 266 New Part 2C inserted After Part 2B of the Victorian Inspectorate Act 2011 insert— "PART 2C—MATTERS TO BE REPORTED TO THE VICTORIAN INSPECTORATE BY THE OMBUDSMAN 28I Coercive questioning (1) The Victorian Inspectorate may require the Ombudsman to provide a written report specifying, in relation to an appearance by a person before the Ombudsman in an investigation under the Ombudsman Act 1973 or any other Act (whether in response to a witness summons or otherwise)— (a) the name of the person who appeared; s. 265 -- 285 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 270 Authorised by the Chief Parliamentary Counsel (b) the reasons for the person's appearance; (c) the place and time of the person's appearance; (d) the relevance of the appearance to the purpose of the investigation; (e) the name of any other person who was present during the appearance in an official capacity under any Act; (f) any other prescribed matter. (2) The Ombudsman must comply with a requirement under subsection (1) as soon as possible after it is made. __________________". 267 Complaints After section 29(4) of the Victorian Inspectorate Act 2011 insert— "(5) A person may make a complaint to the Victorian Inspectorate about the conduct of an Ombudsman officer in respect of— (a) the exercise or purported exercise of coercive powers in relation to any matter; or (b) the compliance with procedural fairness requirements in the performance of functions under the Ombudsman Act 1973 or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the Ombudsman Act 1973 or any other Act. s. 267 -- 286 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 271 Authorised by the Chief Parliamentary Counsel (6) Without limiting the generality of subsection (5), a complaint may be made on the basis that specified conduct was— (a) contrary to law; or (b) unreasonable, unjust, oppressive or improperly discriminatory; or (c) based on improper motives; or (d) an abuse of power; or (e) otherwise improper.". 268 Investigation of complaint After section 30(3) of the Victorian Inspectorate Act 2011 insert— "(4) If the Victorian Inspectorate decides to investigate a complaint referred to in section 29(5), the Victorian Inspectorate must notify the Ombudsman in writing unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.". 269 Own motion investigation After section 31(2) of the Victorian Inspectorate Act 2011 insert— "(3) The Victorian Inspectorate may on its own motion in the course of performing its functions investigate the conduct of an Ombudsman officer in respect of— (a) the exercise or purported exercise of coercive powers in relation to any matter; or (b) the compliance with procedural fairness requirements in the performance of functions under the Ombudsman Act s. 268 -- 287 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 272 Authorised by the Chief Parliamentary Counsel 1973 or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the Ombudsman Act 1973 or any other Act.". 270 Conduct of investigation (1) After section 32(1A) of the Victorian Inspectorate Act 2011 insert— "(1B) For the purposes of conducting an investigation in relation to an Ombudsman officer, the Victorian Inspectorate— (a) may investigate any aspect of the operations of the Ombudsman or any conduct of an Ombudsman officer; (b) has full and free access to all the records of the Ombudsman and may copy any record or part of any record of the Ombudsman; (c) may require an Ombudsman officer to give the Victorian Inspectorate any information in the Ombudsman officer's possession which the Victorian Inspectorate considers is relevant to the investigation; (d) may require an Ombudsman officer to attend before the Victorian Inspectorate to answer questions or to produce documents or other things relating to operations of the Ombudsman or any conduct of an Ombudsman officer.". s. 270 -- 288 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 273 Authorised by the Chief Parliamentary Counsel (2) After section 32(5)(a) of the Victorian Inspectorate Act 2011 insert— "(ab) may conduct an investigation in relation to an Ombudsman officer even though the Ombudsman is investigating a related matter; and". 271 Requirement to provide assistance After section 33(2) of the Victorian Inspectorate Act 2011 insert— "(3) The Ombudsman must— (a) give any assistance; and (b) ensure that Ombudsman officers give any assistance— to the Victorian Inspectorate which the Victorian Inspectorate reasonably requires to enable the Victorian Inspectorate to conduct any investigation in relation to an Ombudsman officer under this Part.". 272 Conduct of inquiry and examination must be held in private (1) In section 33B(d) of the Victorian Inspectorate Act 2011, before "IBAC premises" insert "Ombudsman premises,". (2) In section 33C(2)(a) of the Victorian Inspectorate Act 2011, after "33H" insert "or 33I". s. 271 -- 289 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 274 Authorised by the Chief Parliamentary Counsel 273 Content and form of witness summons In section 33F(4) of the Victorian Inspectorate Act 2011— (a) after paragraph (g)(iia) insert— "(iib) if the person is an Ombudsman officer, neither the Ombudsman nor the office of the Ombudsman is entitled to assert any privilege;"; (b) in paragraph (i), after "a VAGO officer" insert ", an Ombudsman officer". 274 Legal representation of witnesses and other persons In section 33J(2)(c) and (d) and (8)(c) and (d), of the Victorian Inspectorate Act 2011, after "investigated by" insert "the Ombudsman,". 275 Powers of entry, inspection and seizure After section 33N(4) of the Victorian Inspectorate Act 2011 insert— "(5) Subject to subsection (6), if the Victorian Inspectorate considers on reasonable grounds there are documents or other things that are relevant to an inquiry in relation to an Ombudsman officer which are on Ombudsman premises, the Victorian Inspectorate may authorise a Victorian Inspectorate Officer, with such assistance as the Victorian Inspectorate Officer thinks fit, to— (a) enter those premises at any time; and (b) search those premises for documents or other things that are relevant to the inquiry; and (c) inspect or copy any document or other thing found at those premises; and s. 273 -- 290 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 275 Authorised by the Chief Parliamentary Counsel (d) seize any document or other thing found at those premises that is relevant to the inquiry and keep it until the Victorian Inspectorate has completed its inquiry. (6) The Victorian Inspectorate must not exercise the power conferred by subsection (5) unless the Victorian Inspectorate considers on reasonable grounds that the Ombudsman or any Ombudsman officer has wilfully failed to give assistance in accordance with section 33(3).". 276 Privileges and secrecy generally After section 33S(6) of the Victorian Inspectorate Act 2011 insert— "(7) If a person is an Ombudsman officer, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as an Ombudsman officer imposed by any enactment or any rule of law— (a) is overridden; and (b) does not apply to the disclosure of information under this Part. (8) If a person is an Ombudsman officer— (a) neither the Ombudsman nor the office of the Ombudsman is entitled to assert any privilege in relation to any requirement for that person to produce a document or other thing or give information under this Part; and (b) any privilege referred to in paragraph (a) is abrogated.". s. 276 -- 291 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 276 Authorised by the Chief Parliamentary Counsel 277 Privilege against self-incrimination (1) In section 33T(2) of the Victorian Inspectorate Act 2011 omit "at an examination". (2) After section 33T(2)(ba) of the Victorian Inspectorate Act 2011 insert— "(bb) an offence against the Ombudsman Act 1973; or". 278 New sections 35C and 35D inserted After section 35B of the Victorian Inspectorate Act 2011 insert— "35C Recommendation to the Ombudsman (1) The Victorian Inspectorate may at any time make recommendations to the Ombudsman in relation to any action that the Victorian Inspectorate considers should be taken. (2) Without limiting subsection (1), 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 the conduct of any Ombudsman officer. (3) A recommendation to the Ombudsman which is not contained in a report must be made in private. (4) Subsection (3) does not limit the power of the Victorian Inspectorate to make a public recommendation if the Victorian Inspectorate considers that the Ombudsman has failed to take appropriate action in relation to the recommendation. s. 277 -- 292 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 277 Authorised by the Chief Parliamentary Counsel (5) The Victorian Inspectorate may require the Ombudsman to give a report to the Victorian Inspectorate, within a reasonable specified time, stating— (a) whether or not the Ombudsman has taken, or intends to take, action recommended by the Victorian Inspectorate; and (b) if the Ombudsman has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action. (6) The Ombudsman must comply with a requirement of the Victorian Inspectorate under subsection (5). 35D Recommendation for further action in respect of Ombudsman officers (1) The Victorian Inspectorate may at any time recommend in private to the Ombudsman the undertaking of a disciplinary process or action against any Ombudsman officer other than the Ombudsman. (2) Subsection (1) does not limit the power of the Victorian Inspectorate to make a public recommendation if the Victorian Inspectorate considers that the Ombudsman has failed to take appropriate action in relation to the recommendation. (3) If the Victorian Inspectorate is satisfied that any conduct of any Ombudsman officer which has been the subject of a complaint, investigation or other finding should be the subject of any further investigatory or enforcement action, the Victorian s. 278 -- 293 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 278 Authorised by the Chief Parliamentary Counsel 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 IBAC; (e) the Victorian WorkCover Authority; (f) any other person or body prescribed for the purposes of this subsection.". 279 Advice to a complainant Before section 36A(2)(e) of the Victorian Inspectorate Act 2011 insert— "(db) prejudice an investigation by the Ombudsman; or". 280 Outcome of investigation After section 37(2) of the Victorian Inspectorate Act 2011 insert— "(3) After conducting an investigation in relation to an Ombudsman officer, the Victorian Inspectorate may— (a) make a recommendation to the Ombudsman in accordance with section 35C; (b) make a recommendation to the Ombudsman in accordance with section 35D; (c) make a recommendation to the Chief Commissioner of Police in accordance with section 35D; (d) make a recommendation to the Director of Public Prosecutions in accordance with section 35D; s. 279 -- 294 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 279 Authorised by the Chief Parliamentary Counsel (e) make a recommendation to the Australian Federal Police in accordance with section 35D; (f) make a recommendation to the IBAC in accordance with section 35D; (g) make a recommendation to the Victorian WorkCover Authority in accordance with section 35D; (h) make a recommendation in accordance with section 35D to a person or body prescribed for the purposes of section 35D(3)(f); (i) transmit a report under section 36; (j) provide advice to a complainant in accordance with section 36A; (k) do any combination or all of the matters referred to in paragraphs (a) to (j); (l) determine to make no findings or take no action following the investigation.". 281 Matters to be included in annual report (1) After section 38(1)(ec) of the Victorian Inspectorate Act 2011 insert— "(ed) details of the results of the Victorian Inspectorate's monitoring of— (i) the exercise of coercive powers by Ombudsman officers; and (ii) compliance by Ombudsman officers with procedural fairness requirements in the performance of functions under the Ombudsman Act 1973 or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the s. 281 -- 295 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 280 Authorised by the Chief Parliamentary Counsel Ombudsman Act 1973 or any other Act; (ee) details of the comprehensiveness and adequacy of reports made to the Victorian Inspectorate by the Ombudsman under this Act; (ef) details of the extent to which action recommended by the Victorian Inspectorate to be taken by the Ombudsman has been taken;". (2) After section 38(4A) of the Victorian Inspectorate Act 2011 insert— "(4B) If the Victorian Inspectorate is aware of an investigation that is being or has been conducted by the Ombudsman in relation to a matter or person to be included in its annual report, the Victorian Inspectorate must not include in the annual report any information which would prejudice the investigation.". 282 Exemption from FOI Act In section 40(2) of the Victorian Inspectorate Act 2011, in the definition of relevant person or body— (a) in paragraph (dc), after "section 35B(3)(f)" insert "or 35D(3)(f)"; (b) after paragraph (g) insert— "(h) the office of the Ombudsman; (i) an Ombudsman officer;". Division 6—Consequential amendment of other Acts 283 Accident Compensation Act 1985 Sections 21A, 23AA and 154 of the Accident Compensation Act 1985 are repealed. s. 282 -- 296 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 281 Authorised by the Chief Parliamentary Counsel 284 Children, Youth and Families Act 2005 Section 20 of the Children, Youth and Families Act 2005 is repealed. 285 Corrections Act 1986 (1) Section 9G of the Corrections Act 1986 is repealed. (2) In section 33 of the Corrections Act 1986, in the definition of visitor, for paragraph (f) substitute— "(f) an Ombudsman officer (within the meaning of the Ombudsman Act 1973);". 286 Court Security Act 1980 Section 2F of the Court Security Act 1980 is repealed. 287 Emergency Services Telecommunications Authority Act 2004 For section 33(3)(c) of the Emergency Services Telecommunications Authority Act 2004 substitute— "(c) disclosing or communicating confidential information to an Ombudsman officer (within the meaning of the Ombudsman Act 1973); or". 288 Firearms Act 1996 For section 181(1)(g) of the Firearms Act 1996 substitute— "(g) an Ombudsman officer within the meaning of the Ombudsman Act 1973.". 289 Health Records Act 2001 In section 46(a) of the Health Records Act 2001, for "section 15B" substitute "section 16H". s. 284 -- 297 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 282 Authorised by the Chief Parliamentary Counsel 290 Health Services Act 1988 Section 69H of the Health Services Act 1988 is repealed. 291 Information Privacy Act 2000 In section 26 of the Information Privacy Act 2000, for "section 15A" substitute "section 16H". 292 Juries Act 2000 For clause 1(l) of Schedule 2 to the Juries Act 2000 substitute— "(l) a member of Ombudsman staff within the meaning of the Ombudsman Act 1973;". 293 Magistrates' Court Act 1989 Section 124H of the Magistrates' Court Act 1989 is repealed. 294 Melbourne City Link Act 1995 (1) In the Melbourne City Link Act 1995— (a) insert the following definition in section 3— "IBAC means the Independent Broad-based Anti-corruption Commission established under section 6 of the Independent Broad-based Anti- corruption Commission Act 2011;"; (b) for section 90A(2)(f) substitute— "(f) is made to, or by, the IBAC or an authorised officer (within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011) to enable the IBAC or authorised officer to fulfil their duties under Part 6A of that Act; or". s. 290 -- 298 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 283 Authorised by the Chief Parliamentary Counsel (2) After section 90A(4) of the Melbourne City Link Act 1995 insert— "(5) Subsection (2)(f) as in force immediately before the commencement of section 295(1)(b) of the Integrity and Accountability Legislation Amendment Act 2012 continues to apply for the purposes of any review referred to in section 34(1)(d) of the Ombudsman Act 1973.". (3) In the Melbourne City Link Act 1995— (a) in section 90C(1)— (i) for "Ombudsman" (where twice occurring) substitute "IBAC"; (ii) for "Ombudsman's" substitute "IBAC's"; (b) in section 90C(2), for "Ombudsman" substitute "IBAC"; (c) in section 90CA(1)— (i) for "Ombudsman" (where twice occurring) substitute "IBAC"; (ii) for "Ombudsman's" substitute "IBAC's"; (d) in section 90CA(2), for "Ombudsman" substitute "IBAC". 295 Plant Biosecurity Act 2010 Section 74 of the Plant Biosecurity Act 2010 is repealed. 296 Public Health and Wellbeing Act 2008 Section 186 of the Public Health and Wellbeing Act 2008 is repealed. s. 295 -- 299 of 325 -- Part 7—Ombudsman Act 1973 and Related Amendments Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 284 Authorised by the Chief Parliamentary Counsel 297 Transport (Compliance and Miscellaneous) Act 1983 Sections 221T and 228Y of the Transport (Compliance and Miscellaneous) Act 1983 are repealed. __________________ s. 297 -- 300 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 285 Authorised by the Chief Parliamentary Counsel PART 8—RENUMBERING OF INDEPENDENT BROAD- BASED ANTI-CORRUPTION COMMISSION ACT 2011 AND VICTORIAN INSPECTORATE ACT 2011 Division 1—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 298 Renumbering of sections of the Independent Broad- based Anti-corruption Commission Act 2011 The sections of the Independent Broad-based Anti-corruption Commission Act 2011 set out in column 1 of the Table to this section are renumbered as set out opposite those sections in column 2 of the Table. Table Column 1 Section number Column 2 Renumbered section number 1 1 2 2 3 3 3A 4 3B 5 3C 6 3D 7 4 8 5 9 5A 10 5B 11 6 12 7 13 8 14 9 15 10 16 11 17 s. 298 -- 301 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 286 Authorised by the Chief Parliamentary Counsel Column 1 Section number Column 2 Renumbered section number 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 33A 40 33B 41 33C 42 33D 43 33E 44 33F 45 33G 46 s. 298 -- 302 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 287 Authorised by the Chief Parliamentary Counsel Column 1 Section number Column 2 Renumbered section number 33H 47 33I 48 33J 49 33K 50 34 51 35 52 36 53 37 54 38 55 39 56 40 57 40A 58 40B 59 41 60 42 61 43 62 44 63 45 64 46 65 46A 66 47 67 47A 68 48 69 49 70 49A 71 49B 72 49C 73 49D 74 49E 75 s. 298 -- 303 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 288 Authorised by the Chief Parliamentary Counsel Column 1 Section number Column 2 Renumbered section number 49F 76 49G 77 49H 78 49I 79 49J 80 50 81 51 82 52 83 53 84 54 85 55 86 56 87 57 88 58 89 59 90 60 91 61 92 62 93 63 94 64 95 65 96 66 97 67 98 67A Note This section inserted by the Evidence Amendment (Journalist Privilege) Act 2012 99 68 100 s. 298 -- 304 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 289 Authorised by the Chief Parliamentary Counsel Column 1 Section number Column 2 Renumbered section number 69 101 70 102 71 103 72 104 73 105 74 106 75 107 76 108 77 109 78 110 79 111 80 112 81 113 82 114 82A 115 82B 116 82C 117 82D 118 82E 119 82F 120 82G 121 82H 122 82I 123 82J 124 82K 125 82L 126 82M 127 82N 128 82O 129 s. 298 -- 305 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 290 Authorised by the Chief Parliamentary Counsel Column 1 Section number Column 2 Renumbered section number 82P 130 82PA 131 82Q 132 82R 133 82S 134 82T 135 82U 136 82V 137 82W 138 82X 139 82Y 140 82Z 141 82ZA 142 82ZB 143 82ZC 144 82ZCA Note This section inserted by the Evidence Amendment (Journalist Privilege) Act 2012 145 82ZD 146 82ZE 147 82ZF 148 82ZG 149 82ZH 150 82ZI 151 82ZJ 152 82ZK 153 82ZL 154 s. 298 -- 306 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 291 Authorised by the Chief Parliamentary Counsel Column 1 Section number Column 2 Renumbered section number 82ZM 155 82ZN 156 82ZO 157 82ZP 158 83 159 84 160 85 161 86 162 87 163 88 164 89 165 89A 166 89B 167 89C 168 89D 169 89E 170 90 171 91 172 92 173 93 174 94 175 95 176 96 177 97 178 98 179 99 180 100 181 101 182 101A 183 s. 298 -- 307 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 292 Authorised by the Chief Parliamentary Counsel Column 1 Section number Column 2 Renumbered section number 101B 184 102 185 103 186 104 187 105 188 106 189 106A 190 107 191 108 192 108A 193 109 194 110 195 111 196 112 197 113 198 299 Renumbering of other provisions of the Independent Broad-based Anti-corruption Commission Act 2011 (1) The Parts of the Independent Broad-based Anti- corruption Commission Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1". (2) The Divisions of each Part of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1". (3) The subsections of each section of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive Arabic numerals enclosed in parentheses starting with "(1)". s. 299 -- 308 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 293 Authorised by the Chief Parliamentary Counsel (4) The paragraphs of each section or subsection, or of each definition, of the Independent Broad- based Anti-corruption Commission Act 2011 are relettered so that they bear lower-case letters in alphabetical order enclosed in parentheses starting with "(a)". (5) The subparagraphs of each paragraph of each section or subsection, or of each paragraph of each definition, of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive lower- case Roman numerals enclosed in parentheses starting with "(i)". (6) The sub-subparagraphs of each subparagraph of each paragraph of each section or subsection, or of each subparagraph of each paragraph of each definition, of the Independent Broad-based Anti-corruption Commission Act 2011 are relettered so that they bear upper-case letters in alphabetical order in parentheses starting with "(A)". (7) Each provision of the Independent Broad-based Anti-corruption Commission Act 2011 that refers to a provision that has been renumbered or relettered under section 298 or this section is amended by substituting a reference to the provision as renumbered or relettered. (8) In this section, provision includes paragraph, subparagraph and sub-subparagraph. 300 References in other Acts and documents to renumbered provisions (1) Unless a contrary intention expressly appears or the context otherwise requires, on and from the commencement of this section, a reference in a provision of an Act (other than the Independent Broad-based Anti-corruption Commission Act s. 300 -- 309 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 294 Authorised by the Chief Parliamentary Counsel 2011) enacted before the commencement of this section, or in an instrument or in a document, to a provision of the Independent Broad-based Anti- corruption Commission Act 2011 that has been renumbered or relettered under section 298 or section 299 is to be construed as a reference to that provision as so renumbered or relettered. (2) In this section, provision includes paragraph, subparagraph and sub-subparagraph. Division 2—Renumbering of Victorian Inspectorate Act 2011 301 Renumbering of sections of the Victorian Inspectorate Act 2011 The sections of the Victorian Inspectorate Act 2011 set out in column 1 of the Table to this section are renumbered as set out opposite those sections in column 2 of the Table. Table Column 1 Section number Column 2 Renumbered section number 1 1 2 2 3 3 3A 4 4 5 5 6 5A 7 6 8 7 9 8 10 9 11 10 12 s. 301 -- 310 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 295 Authorised by the Chief Parliamentary Counsel Column 1 Section number Column 2 Renumbered section number 10A 13 10B 14 11 15 12 16 13 17 14 18 15 19 16 20 17 21 18 22 19 23 20 24 21 25 22 26 23 27 24 28 25 29 26 30 27 31 28 32 28A 33 28B 34 28BA 35 28C 36 28D 37 28E 38 28F 39 28G 40 s. 301 -- 311 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 296 Authorised by the Chief Parliamentary Counsel Column 1 Section number Column 2 Renumbered section number 28H 41 28I 42 29 43 30 44 30A 45 31 46 32 47 33 48 33A 49 33B 50 33C 51 33D 52 33E 53 33F 54 33G 55 33H 56 33I 57 33J 58 33K 59 33L 60 33LA 61 33M 62 33N 63 33O 64 33P 65 33Q 66 33R 67 33S 68 s. 301 -- 312 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 297 Authorised by the Chief Parliamentary Counsel Column 1 Section number Column 2 Renumbered section number 33SA Note This section inserted by the Evidence Amendment (Journalist Privilege) Act 2012 69 33T 70 33U 71 33V 72 33W 73 33X 74 33Y 75 33Z 76 33ZA 77 34 78 35 79 35A 80 35B 81 35C 82 35D 83 35E 84 35F 85 35G 86 36 87 36A 88 37 89 37A 90 38 91 38A 92 s. 301 -- 313 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 298 Authorised by the Chief Parliamentary Counsel Column 1 Section number Column 2 Renumbered section number 39 93 39A 94 39B 95 39C 96 39D 97 39E 98 39F 99 39G 100 39H 101 40 102 41 103 42 104 42A 105 42B 106 302 Renumbering of other provisions of the Victorian Inspectorate Act 2011 (1) The Parts of the Victorian Inspectorate Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1". (2) The Divisions of each Part of the Victorian Inspectorate Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1". (3) The subsections of each section of the Victorian Inspectorate Act 2011 are renumbered so that they bear consecutive Arabic numerals enclosed in parentheses starting with "(1)". (4) The paragraphs of each section or subsection, or of each definition, of the Victorian Inspectorate Act 2011 are relettered so that they bear lower- s. 302 -- 314 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 299 Authorised by the Chief Parliamentary Counsel case letters in alphabetical order enclosed in parentheses starting with "(a)". (5) The subparagraphs of each paragraph of each section or subsection, or of each paragraph of each definition, of the Victorian Inspectorate Act 2011 are renumbered so that they bear consecutive lower-case Roman numerals enclosed in parentheses starting with "(i)". (6) The sub-subparagraphs of each subparagraph of each paragraph of each section or subsection, or of each subparagraph of each paragraph of each definition, of the Victorian Inspectorate Act 2011 are relettered so that they bear upper-case letters in alphabetical order in parentheses starting with "(A)". (7) Each provision of the Victorian Inspectorate Act 2011 that refers to a provision that has been renumbered or relettered under section 301 or this section is amended by omitting the reference and substituting a reference to the last-mentioned provision as renumbered or relettered. (8) In this section, provision includes paragraph, subparagraph and sub-subparagraph. 303 References in other Acts and documents to renumbered provisions (1) Unless a contrary intention expressly appears or the context otherwise requires, on and from the commencement of this section, a reference in a provision of an Act (other than the Victorian Inspectorate Act 2011) enacted before the commencement of this section, or in an instrument or in a document, to a provision of the Victorian Inspectorate Act 2011 that has been renumbered or relettered under section 301 or section 302 is to be construed as a reference to that provision as so renumbered or relettered. s. 303 -- 315 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 300 Authorised by the Chief Parliamentary Counsel (2) In this section, provision includes paragraph, subparagraph and sub-subparagraph. Division 3—Renumbering of references in other Acts 304 Accident Compensation Act 1985 In the Accident Compensation Act 1985— (a) in section 5(1), in the definition of corrupt conduct, for "section 3A" substitute "section 4"; (b) in section 5(1), in the definition of IBAC, for "section 6" substitute "section 12"; (c) in section 236C(3), for "section 49C" substitute "section 73". 305 Audit Act 1994 In the Audit Act 1994— (a) in section 3(1), in the definition of corrupt conduct, for "section 3A" substitute "section 4"; (b) in section 3(1), in the definition of IBAC, for "section 6" substitute "section 12"; (c) in section 3(1), in the definition of Inspector, for "section 14" substitute "section 18"; (d) in section 19A(3) and (4), for "section 49C" substitute "section 73". 306 Crimes (Assumed Identities) Act 2004 In section 34(4) of the Crimes (Assumed Identities) Act 2004, for "section 26" substitute "section 32". s. 304 -- 316 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 301 Authorised by the Chief Parliamentary Counsel 307 Electoral Act 2002 In the Electoral Act 2002— (a) in section 3, in the definition of corrupt conduct, for "section 3A" substitute "section 4"; (b) in section 3, in the definition of IBAC, for "section 6" substitute "section 12". 308 Environment Protection Act 1970 In the Environment Protection Act 1970— (a) in section 4(1), in the definition of corrupt conduct, for "section 3A" substitute "section 4"; (b) in section 4(1), in the definition of IBAC, for "section 6" substitute "section 12"; (c) in section 54C(3), for "section 49C" substitute "section 73". 309 Firearms Act 1996 In the Firearms Act 1996, in sections 93(4)(ca)(ii), 94(4)(ca)(ii) and 102(4A), for "section 77" substitute "section 109". 310 Legal Aid Act 1978 In section 6(3)(a) of the Legal Aid Act 1978, for "section 82ZI" substitute "section 151". 311 Major Crime (Investigative Powers) Act 2004 In the Major Crime (Investigative Powers) Act 2004— (a) in the note at the foot of section 51, for "section 9(2)(g)" substitute "11(2)(g)"; (b) in section 54, for "section 29(7)" substitute "section 43(7)". s. 307 -- 317 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 302 Authorised by the Chief Parliamentary Counsel 312 Melbourne City Link Act 1995 In the Melbourne City Link Act 1995— (a) in section 3, in the definition of IBAC, for "section 6" substitute "section 12"; (b) in section 90A(2)(f), for "Part 6A" substitute "Part 8". 313 Ombudsman Act 1973 In the Ombudsman Act 1973— (a) in section 2(1), in the definition of corrupt conduct, for "section 3A" substitute "section 4"; (b) in section 2(1), in the definition of IBAC, for "section 6" substitute "section 12"; (c) in section 2(1), in the definition of police personnel conduct, for "section 3B" substitute "section 5"; (d) in section 2(1), in the definition of protected disclosure complaint, for "section 49C" substitute "section 73"; (e) in section 13AA(1)(a), for "Division 4 of Part 3" substitute "Division 5 of Part 3"; (f) in sections 16B(1)(a), 16B(2)(a), 16C(3), 16D(3) and 16E(3) and (4) for "section 49C" substitute "section 73"; (g) in section 35(13), for "Part 6A" substitute "Part 8". 314 Police Regulation Act 1958 In the Police Regulation Act 1958— (a) in section 69(1)(ac), for "section 53" substitute "section 84"; (b) in section 69(1)(bc), for "Division 1 of Part 7" substitute "Division 1 of Part 9"; s. 312 -- 318 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 303 Authorised by the Chief Parliamentary Counsel (c) in section 69(1)(bd), for "section 93" substitute "section 174"; (d) in section 86X, for "Division 4 of Part 3" substitute "Division 5 of Part 3"; (e) in section 86ZM, for "section 49I" substitute "section 79". 315 Protected Disclosure Act 2012 In the Protected Disclosure Act 2012— (a) in section 3— (i) in the definition of corrupt conduct, for "section 3A" substitute "section 4"; (ii) in the definition of IBAC, for "section 6" substitute "section 12"; (b) in section 6, in paragraph (a) of the definitions of public body and public officer, for "section 3C" substitute "section 6"; (c) in the note at the foot of section 32, for "section 3D" substitute "section 7"; (d) in the note at the foot of section 33, for "section 3A" substitute "section 4"; (e) in section 54(3)— (i) in the definition of confidentiality notice— (A) in paragraph (a), for "section 33C(1)" substitute "section 42(1)"; (B) in paragraph (b), for "section 28E(1)" substitute "section 38(1)"; s. 315 -- 319 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 304 Authorised by the Chief Parliamentary Counsel (ii) in the definition of witness summons— (A) in paragraph (a), for "section 82F(1)" substitute "section 120(1)"; (B) in paragraph (b), for "section 33E(1)" substitute "section 53(1)"; (f) in section 67(2), for "section 89" substitute "section 165"; (g) in section 68(2), for "section 38" substitute "section 91". 316 Protected Disclosure Act 2012—Schedule 1 In Schedule 1 to the Protected Disclosure Act 2012— (a) in clause 8(3), for "section 82L" substitute "section 126"; (b) in clause 10(2)(b), for "section 50" substitute "section 81"; (c) in clause 12(2)(b), for "section 50" substitute "section 81"; (d) in clause 14(2)(a) and (3) and clause 16(2)(a), for "section 50" substitute "section 81"; (e) in clause 17, for "section 69" substitute "section 101"; (f) in clause 18— (i) in subclause (1), for "section 53(2)" substitute "section 84(2)"; (ii) in subclause (2), for "section 82L(1)" substitute "section 126(1)"; (g) in clause 31, for "section 89" substitute "section 165"; s. 316 -- 320 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 305 Authorised by the Chief Parliamentary Counsel (h) in clause 32(2), for "section 29" substitute "section 43"; (i) in clause 34(a) for "section 32" substitute "section 47"; (j) in clause 34(b) for "section 33(1)" substitute "section 48(1)"; (k) in clause 34(e) for "section 34" substitute "section 78"; (l) in clause 34(f) for "section 35(3)" substitute "section 79(3)"; (m) in clause 34(g) for "sections 36 and 36A" substitute "sections 87 and 88"; (n) in clause 34(h) for "section 37(1)" substitute "section 89(1)"; (o) in clause 34(i) for "section 37A" substitute "section 90"; (p) in clause 35(1) for "Section 82H" substitute "Section 122"; (q) in clause 35(2) for "Section 82ZA" substitute "Section 142"; (r) in clause 35(3) for "Section 82S" substitute "Section 134"; (s) in clause 35(4) for "section 28G" substitute "section 40"; (t) in clause 36(1) for "section 38(1)(b)" substitute "section 91(1)(b)"; (u) in clause 36(4)(b) for "section 38" substitute "section 91". s. 316 -- 321 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 306 Authorised by the Chief Parliamentary Counsel 317 Public Administration Act 2004 In the Public Administration Act 2004— (a) in section 4(1), in the definition of corrupt conduct, for "section 3A" substitute "section 4"; (b) in section 4(1), in the definition of IBAC, for "section 6" substitute "section 12". 318 Racing Act 1958 In the Racing Act 1958— (a) in section 3(1), in the definition of corrupt conduct, for "section 3A" substitute "section 4"; (b) in section 3(1), in the definition of IBAC, for "section 6" substitute "section 12"; (c) in section 37B(4) and 37G(3), for "section 49C" substitute "section 73". 319 Terrorism (Community Protection) Act 2003 In sections 13ZJ(2)(d)(ii) and 13ZR(2)(d)(ii) of the Terrorism (Community Protection) Act 2003, for "section 35" substitute "section 52". 320 Victorian Inspectorate Act 2011 In the Victorian Inspectorate Act 2011— (a) in section 3(1), in the definition of police personnel misconduct, for "section 3B" substitute "section 5"; (b) in section 3(1), in the definition of public body, for "section 3C" substitute "section 6"; (c) in sections 36(5B) and 38(7), for "Division 1 of Part 7" substitute "Division 1 of Part 9". s. 317 -- 322 of 325 -- Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011 Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 307 Authorised by the Chief Parliamentary Counsel 321 Victorian Inspectorate Act 2011—Schedule In the Schedule to the Victorian Inspectorate Act 2011— (a) in clause 7(1) of the Schedule, for "Section 82H" substitute "Section 122"; (b) in clause 7(2) of the Schedule, for "Section 82ZA" substitute "Section 142"; (c) in clause 7(3) of the Schedule, for "Section 82ZL" substitute "Section 154". __________________ s. 321 -- 323 of 325 -- Part 9—Repeal of amending Act Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 308 Authorised by the Chief Parliamentary Counsel PART 9—REPEAL OF AMENDING ACT 322 Repeal of amending Act This Act is repealed on the day that is the first anniversary of the first day on which all the provisions of this Act are in operation. Note The repeal of this Act does not affect the continuing operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 322 -- 324 of 325 -- Integrity and Accountability Legislation Amendment Act 2012 No. 82 of 2012 309 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 14 November 2012 Legislative Council: 29 November 2012 The long title for the Bill for this Act was "A Bill for an Act to amend the Independent Broad-based Anti-corruption Commission Act 2011 and the Victorian Inspectorate Act 2011 to provide for matters of a transitional and savings nature and other amendments, to amend the Telecommunications (Interception) (State Provisions) Act 1988, the Ombudsman Act 1973 and the Audit Act 1994, to repeal the Major Crime (Special Investigations Monitor) Act 2004, to make consequential and other amendments to other Acts and for other purposes." Endnotes -- 325 of 325 --