Independent Broad-based Anti-corruption Commission Act 2011 (Vic)

Version No. 048

Independent Broad-based Anti-corruption Commission Act 2011

No. 66 of 2011

Version incorporating amendments as at

30 September 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Corrupt conduct

5Meaning of police personnel conduct, police personnel conduct complaint and police personnel misconduct

6Definitions of public body, public officer and public sector

7Public interest complaint taken to be complaint

8Objects of Act

9Act binds the Crown

10Application of Act

11Conduct occurring before the commencement of this section

11ADetermination of matter previously considered by the IBAC

Part 2—The IBAC

Division 1—Constitution and staff

12Establishment of the IBAC

13The IBAC is a body corporate

14Constitution of the IBAC

15Functions of the IBAC

16Powers of the IBAC

18IBAC not subject to direction or control

19Independence of the Commissioner

20Appointment of the Commissioner

21Veto of proposed Commissioner

22Duties, functions and powers of the Commissioner

23Deputy Commissioners

24Terms and conditions

24APension entitlements of Commissioner, partner and eligible children

24BSalary sacrifice

24CAppropriation of Consolidated Fund

25Vacancy and resignation—office of the Commissioner

26Suspension and removal from office of the Commissioner

27Vacancy and resignation—office of Deputy Commissioner

28Removal from office of a Deputy Commissioner

29Declaration of inability to act

30Acting appointment

31Oath or affirmation of office

32Delegations

33Chief Executive Officer

34Oath or affirmation of office by Chief Executive Officer or acting Chief Executive Officer

35Staff

36Consultants

37Oath or affirmation by staff and consultants

38Obligation on staff employed or engaged under section 35 or persons engaged under section 36 not to make public comment

39Obligation to avoid actual or perceived conflicts of interest

Division 2—Disclosure by the IBAC

40Unauthorised disclosures or provision of information

41Disclosure or provision of information by the IBAC

Division 3—Confidentiality notices

42Confidentiality notice

43IBAC to provide Integrity Oversight Victoria with copies

44Disclosure subject to confidentiality notice

Division 4—Protection of persons and documents

45Who is a protected person?

46What is a protected document or other thing?

47Protected documents and other things in proceedings, processes or actions other than criminal proceedings

48Production and inspection of protected documents and things in criminal proceedings

49Court may appoint special counsel to represent party

50Compellability of protected persons as witnesses

Part 3—Investigations

Division 1—Complaints to the IBAC

51Complaints to the IBAC about corrupt conduct

52Police personnel conduct complaints to the IBAC

53Complaint to be in writing

54Complaint from detained person

55Withdrawal of complaint

Division 2—Information and notifications to the IBAC

56The IBAC may receive information

57Notifications to the IBAC

57ADirections

57BExemption notice

Division 3—IBAC obligations in relation to complaints and notifications to the IBAC

58IBAC must dismiss, investigate or make referral

58AIBAC may defer decision pending investigation by other person or body

59Notice of dismissal, investigation or referral of complaint or notification

Division 3A—Preliminary inquiries

59AIBAC may conduct preliminary inquiry

59BIBAC may conduct a preliminary inquiry as to own motion investigation

59CParts 3 and 4 do not apply

59DPower to request information

59EPower to issue witness summons

59FContent and form of witness summons

59GIBAC to report to Integrity Oversight Victoria on issue of witness summonses

59HWitness summons directed to person under 16 years

59IService of witness summons

59JSupreme Court may order service by other means

59KActions to be taken before requiring production of a document or other thing

59LProcedure for determining claims of privilege or claims of a secrecy requirement

59MApplication to Supreme Court to determine privilege or application of secrecy requirement

59NDetermination of claim

59OOffence for summoned witness to fail to produce document or other thing

59PProhibitions applying to the IBAC

Division 4—Carrying out investigations

60Conducting investigations about corrupt conduct

61Conducting investigations about conduct of judicial officers

62Findings about judicial officers not to be included in special or annual reports

63The IBAC must dismiss certain complaints or notifications to the IBAC about judicial officers

64Conducting investigations about police personnel conduct

65Conduct of Chief Commissioner of Police, Deputy Commissioner of Police or Assistant Commissioner of Police

66Conducting investigations into public interest complaints about detrimental action

67Complaints or notifications to the IBAC that do not warrant investigation

68When certain complaints or notifications to the IBAC are dismissed

69Discontinuance of investigation

70Investigation when other proceedings on foot

71The IBAC to disclose to Integrity Oversight Victoria complaint or notification involving conduct of the IBAC or IBAC Officers

72The IBAC may conduct coordinated investigations

Division 5—Referrals

73Referral of complaint or notification for investigation by another person or body

73AReferral of public interest complaints to other investigating entities

74Referrals to prosecutorial bodies

74AReferrals to the Judicial Commission

75Referrals to prosecutorial bodies for advice

76Consultation prior to referral

77Information to be provided with referral

78Provision to the IBAC of information about referred complaint or notification

79Withdrawal of referred complaint or notification

80Notice of withdrawal of referral

Part 4—Investigative powers

Division 1—Authorised officers

81Appointment of authorised officers

82Identity cards

83Production of identity card

Division 2—Additional powers—conduct of police

84Power to require police to give information and documents and answer questions

Division 3—Entry, search and seizure—police personnel premises

85The Commissioner must authorise use of powers under this Division

86Power to enter police personnel premises

87Power to seize documents or things at police personnel premises

88Copies of, access to or receipt for documents or other things seized

89Application for return of things seized

90Return of things seized from police personnel premises

Division 4—Search warrant powers

91Search warrant

92Procedure for executing search warrant

93Copies or receipts to be given for documents or other things

94Return of documents and other things

95Assistance in executing search warrants

96Police must provide reasonable assistance

97Privilege claims in relation to search warrants

Division 5—Privilege

98Certain privileges abrogated in relation to police personnel and other public officers

99Journalist privilege does not apply

100Application to Supreme Court to determine privilege

101Determination of privilege claims

101AAccess to Royal Commission records

Part 5—Defensive equipment and firearms

102Authorisation to possess, carry and use defensive equipment for investigating certain police personnel conduct

103Authorisation to possess, carry and use defensive equipment for investigating possible corrupt conduct

104Authorisation to possess, carry and use defensive equipment for training purposes

105Authorisation to acquire, store and maintain defensive equipment

106Authorisation to possess, carry and use firearms for investigating certain police personnel conduct

107Authorisation to possess, carry and use firearms for investigating possible corrupt conduct

108Authorisation to possess, carry and use firearms for training purposes

109Authorisation to acquire, dispose of, store and maintain firearms

110Senior IBAC Officer must not contravene conditions of authorisation

111The IBAC to notify Chief Commissioner of Police of acquisition or disposal of firearms

112Storage of firearms

113Storage of cartridge ammunition

114Requirement to notify Chief Commissioner of Police of loss, theft or destruction

Part 6—Examinations

Division 1—Examinations

115Power to hold examinations

116Conduct of examinations

117Examinations generally to be held in private

118Offence to be present at examination

119The IBAC may give directions

119AAppearance at public examination by interested party

120Witness summons

121Content and form of witness summons

122IBAC to report to Integrity Oversight Victoria on issue of witness summonses

123Witness summons directed to person under 16 years

124Service of witness summons

125Supreme Court may order service by other means

126Witness already held in custody

127Legal representation of witnesses and other persons

128IBAC to inform Integrity Oversight Victoria of direction in relation to specified Australian legal practitioner

129Specific provisions relating to witnesses

129AThe IBAC may issue suppression order

130Actions to be taken before questioning of a witness or requiring production of a document or other thing

131Witness attending examination in relation to investigation of public interest complaint to be informed of confidentiality obligations

132Power to examine on oath or affirmation

132ACross-examination of witness

133Video recording of examination

134IBAC to give copy of video recording and any transcript to Integrity Oversight Victoria

135Offence for summoned witness to fail to attend examination

136Offence for summoned witness to refuse or fail to answer question

137Offence for summoned witness to fail to produce document or other thing

138Offence to fail to take oath or make affirmation

Division 2—Arrest for failure to appear

139Warrant to arrest witness who fails to appear

140Bail for person arrested

141Person held in custody

Division 2A—Warrant to arrest for likely failure to comply with witness summons in certain circumstances

141AWarrant to arrest potential witness who has not yet been summoned

141BWarrant to arrest witness to whom a witness summons has been issued but not served

141CWarrant to arrest witness to whom a witness summons has been issued and served

141DMatters relating to an arrest warrant issued under section 141A(2), 141B(2) or 141C(2)

141EArrest warrant under section 141A, 141B or 141C may be granted by telephone or audio visual link in certain circumstances

141FPerson arrested must be brought before the Supreme Court or Magistrates' Court

Division 2B—General provisions in respect of arrest warrant issued under Division 2 or 2A

141GPerson arrested under arrest warrant issued under Division 2 or 2A to be given opportunity to seek legal advice or legal representation

142Report to Integrity Oversight Victoria on issue of arrest warrant

Division 3—Privileges and secrecy provisions applying to examinations

143Privileges and secrecy generally

144Privilege against self-incrimination abrogated—witness summons

145Journalist privilege does not apply

146Procedure for determining claims of privilege or claims of a secrecy requirement

147Application to Supreme Court to determine privilege or application of secrecy requirement

148Determination of claim

149Protection of legal practitioners and witnesses

Division 4—Assistance for witnesses

150Reimbursement of expenses of certain witnesses

151Provision of legal assistance to witnesses

Division 5—Contempt

152Contempt of the IBAC

153Charging and arresting a person for contempt

154Report to Integrity Oversight Victoria on issue of arrest warrants

155Bail pending court appearance for contempt

156Custody pending court appearance for contempt

157Supreme Court to deal with contempt

158Act or omission constituting both an offence and contempt

Part 7—Recommendations, actions and reports

159Recommendations

160The IBAC may request the Chief Commissioner of Police to take certain actions

161Actions by Chief Commissioner of Police

162Special reports

162AAdvance copy of report to the Parliament

163Advice to a complainant and other persons

164Outcome of investigation

165Matters to be included in annual report

166Persons who receive reports or information prior to publication

Part 8—Budget, annual plan and performance audit

167Budget

168Annual plan

169Transmission of annual plan to Parliament

170Independent performance audit

170AReport of independent performance auditor

Part 9—General

Division 1—Alcohol and drug testing of IBAC Officers

171Application of Division

172Alcohol and drug testing of IBAC Officers

173The IBAC may have regard to evidence in certain circumstances

174Taking a sample when an IBAC Officer is unconscious or otherwise unable to comply with direction

175Admissibility of test result in certain proceedings

176Handling and confidentiality of test results

177Offence to disclose identifying information

178No action against registered medical practitioner or approved health professional

Division 2—Offences and proceedings

179Offence to impersonate IBAC Officer

180Offence to hinder or obstruct an IBAC Officer

181Compliance with direction or requirement

182Statement which is false or misleading

183Disclosure of transferred restricted matter

184Offence to disclose certain information received from the IBAC

185Criminal liability of officers of bodies corporate—accessorial liability

186Maximum fine for body corporate

187Responsible agency for the Crown

188Proceedings against successors to public bodies

189Power to bring proceedings

190Power for the IBAC to bring criminal proceedings

191Service of document

192Validity and effect of notices, orders and other documents and deemed service

Division 3—Miscellaneous

193Immunity of the IBAC and IBAC Officers

194Exemption from Freedom of Information Act 1982

194AAct applies equally to attendance in person or by audio or audio visual link

195Regulations

196Regulations—specific matters

198Schedule

Part 10—Transitional provisions

199Transitional provision—Justice Legislation Miscellaneous Amendments Act 2020

Schedule

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 048

Independent Broad-based Anti-corruption Commission Act 2011

No. 66 of 2011

Version incorporating amendments as at

30 September 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY[1]

1Purpose

(1)The main purpose of this Act is to establish the Independent Broad-based Anti-corruption Commission.

(2)This Act also amends the Parliamentary Committees Act 2003 to constitute a Joint House Committee of the Parliament of Victoria to oversee the Independent Broad-based Anti‑corruption Commission.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2012, it comes into operation on that day.

3Definitions

(1)In this Act—

aircraft means a machine or structure used or intended to be used for navigation of the air;

approved health professional means—

(a)a person registered under the Health Practitioner Regulation National Law—

(i)to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and

(ii)in the registered nurses division of that profession;

(b)a person approved under subsection (2) to take a blood sample for the purposes of Division 1 of Part 9;

arrest warrant means a warrant to arrest a person issued under—

(a)section 139(2); or

(b)section 141A(2); or

(c)section 141B(2); or

(d)section 141C(2); or

(e)section 153(1);

assessable disclosure has the same meaning as in the Public Interest Disclosures Act 2012;

*                *                *                *                *

Auditor-General means the Auditor-General appointed under section 94A of the Constitution Act 1975;

authorised legal representative of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;

authorised officer means a sworn IBAC Officer appointed as an authorised officer under section 81;

*                *                *                *                *

breach of discipline, in relation to a police officer or protective services officer, has the same meaning as it has in the Victoria Police Act 2013;

category A longarm has the same meaning as it has in section 3(1) of the Firearms Act 1996;

category B longarm has the same meaning as it has in section 3(1) of the Firearms Act 1996;

category C longarm has the same meaning as it has in section 3(1) of the Firearms Act 1996;

category D longarm has the same meaning as it has in section 3(1) of the Firearms Act 1996;

certificate of charge means a certificate issued under section 153(1);

Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

Commissioner means the person appointed under section 20;

complaint means—

(a)a complaint under section 51;

(b)a police personnel conduct complaint;

confidentiality notice means a notice issued by the IBAC under section 42(1) or (1A);

corrupt conduct has the meaning given by section 4;

Council has the same meaning as it has in section 3(1) of the Local Government Act 2020;

critical incident means an incident involving an IBAC Officer, other than the Commissioner, while the IBAC Officer was performing a function or exercising a power under this Act which—

(a)resulted in the death of, or serious injury to, a person; and

(b)also involved any one or more of the following—

(i)the discharge of a firearm by the IBAC Officer;

(ii)the use of force by the IBAC Officer;

(iii)the use of a motor vehicle by the IBAC Officer (including as a passenger) in the course of performing the IBAC Officer's duties or exercising the IBAC Officer's powers;

(iv)the death of, or serious injury to, the person while the person was in the custody of the IBAC Officer;

defensive equipment means one or more of the following—

(a)an article designed or adapted to discharge oleoresin capsicum spray;

(b)body armour within the meaning of the Control of Weapons Act 1990;

(c)an extendable baton designed or adapted so that the length of the baton extends by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the baton;

(d)handcuffs or cable ties;

Deputy Commissioner means a person appointed under section 23;

detained person means—

(a)a person in prison in the legal custody of the Secretary to the Department of Justice in accordance with the Corrections Act 1986; or

(b)a person in a police gaol in the legal custody of the Chief Commissioner of Police in accordance with the Corrections Act 1986; or

(c)a person in a remand centre, youth justice centre or youth residential centre in the legal custody of the Secretary to the Department of Justice and Community Safety in accordance with the Children, Youth and Families Act 2005; or

(d)a patient detained in a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022; or

(e)a person detained in a residential service, residential treatment facility or SDA dwelling under Part 8 of the Disability Act 2006; or

(ea)a person in accommodation approved for supervised treatment under section 187 of the Disability Act 2006; or

(f)a person detained at a treatment centre under a detention and treatment order made under section 20 of the Severe Substance Dependence Treatment Act 2010;

detrimental action has the same meaning as in the Public Interest Disclosures Act 2012;

disciplinary process or action means in relation to a person's employment as a public sector employee within the meaning of section 4(1) of the Public Administration Act 2004 or police personnel—

(a)any process undertaken for the purposes of determining what, if any, disciplinary action is warranted in relation to a breach or possible breach of the person's terms and conditions of employment;

(b)any action taken following a process specified in paragraph (a) that is permitted under legislation or the person's terms and conditions of employment;

(c)any review process or proceeding, including an appeal process or proceeding, in relation to a process specified in paragraph (a) or an action specified in paragraph (b);

(d)any administrative or judicial process or proceeding involving a claim for any remedy in relation to a process specified in paragraph (a) or an action specified in paragraph (b);

domestic partner of a person means—

(a)a person who is in a registered relationship with a person; or

Note

A registered relationship is defined in subsection (4).

(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);

drug of dependence has the same meaning as it has in the Drugs, Poisons and Controlled Substances Act 1981;

examination means an examination under Part 6;

firearm has the same meaning as it has in section 3(1) of the Firearms Act 1996;

general category handgun has the same meaning as it has in section 3(1) of the Firearms Act 1996;

*                *                *                *                *

IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12;

*                *                *                *                *

IBAC Officer means—

(a)the Commissioner;

(b)a Deputy Commissioner;

(c)the Chief Executive Officer appointed under section 33;

(d)a person employed under section 35(1);

(e)a person employed or engaged by the IBAC under section 35(2);

(f)a person engaged as a consultant under section 36;

Integrity and Oversight Committee means the Integrity and Oversight Committee established by section 5(a) of the Parliamentary Committees Act 2003;

integrity body means—

(a)the Auditor-General appointed under section 94A of the Constitution Act 1975;

(b)the Information Commissioner appointed under the Freedom ofInformation Act 1982 in the Information Commissioner's capacity under the Privacy and DataProtection Act 2014;

(ba)the Judicial Commission;

(c)the Ombudsman appointed under section 3 of the Ombudsman Act 1973;

(d)the Parliamentary Workplace Standards and Integrity Commission;

*                *                *                *                *

(e)Integrity Oversight Victoria;

(f)the National Anti‑Corruption Commissioner appointed under section 241 of the National Anti‑Corruption Commission Act 2022 of the Commonwealth;

(g)the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;

(h)the Independent Commission Against Corruption established under section 4 of the Independent Commission Against Corruption Act 1988 of New South Wales;

(i)the Law Enforcement Conduct Commission constituted by section 17 of the Law Enforcement Conduct Commission Act 2016 of New South Wales;

(j)the Crime and Corruption Commission established under section 220 of the Crime and Corruption Act 2001 of Queensland;

(k)the Integrity Commission established under section 7 of the Integrity Commission Act 2009 of Tasmania;

(l)the Corruption and Crime Commission established under section 6 of the Corruption and Crime Commission Act 2003 of Western Australia;

(m)the Commonwealth Ombudsman established under section 4 of the Ombudsman Act 1976 of the Commonwealth;

(n)an Ombudsman of another State or a Territory established under an Act of that jurisdiction corresponding to the Ombudsman Act 1973;

(na)the Chief Municipal Inspector appointed under section 182 of the Local Government Act 2020;

(nb)a Municipal Monitor appointed under section 179 of the Local Government Act2020;

(nc)the Racing Integrity Commissioner established under the Racing Act 1958;

(nd)the Fair Work Commission continued under section 575(1) of the Fair Work Act 2009 of the Commonwealth;

(o)any other prescribed person or body which has an integrity function;

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

Integrity Oversight Victoria Officer has the same meaning as in the Integrity Oversight Victoria Act 2011;

investigating panel has the same meaning as it has in Part IIIAA of the Constitution Act 1975;

Judicial Commission has the same meaning as it has in Part IIIAA of the Constitution Act 1975;

judicial officer means—

(a)a Judge of the Supreme Court;

(ab)a reserve Judge of the Supreme Court;

(b)an Associate Judge of the Supreme Court;

(ba)a reserve Associate Judge of the Supreme Court;

(c)a judicial registrar of the Supreme Court;

(d)a judge of the County Court;

(da)a reserve judge of the County Court;

(e)an associate judge of the County Court;

(ea)a reserve associate judge of the County Court;

(f)a magistrate;

(fa)a reserve magistrate;

law enforcement agency means—

(a)Victoria Police;

(b)the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013;

(c)the Environment Protection Authority continued under section 356 of the Environment Protection Act 2017;

*                *                *                *                *

(d)the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth;

(e)the police force or police service (however described) of another State or a Territory;

(f)any other prescribed person or body which has a law enforcement function;

mandatory notification provision means any of the following—

(a)section 57;

(b)section 66 of the Audit Act 1994;

(c)section 61 of the Commission for Children and Young People Act 2012;

(d)section 19A of the Electoral Act 2002;

(e)section 377 of the Environment Protection Act 2017;

(ea)section 25 of the Judicial Commission of Victoria Act 2016;

(f)section 16E of the Ombudsman Act 1973;

(g)section 73 of the Public Administration Act 2004;

(h)section 37G of the Racing Act 1958;

(i)section 613(1) of the Workplace Injury Rehabilitation and Compensation Act 2013;

member of Victoria Police personnel has the same meaning as it has in the Victoria Police Act 2013;

notification to the IBAC means—

(a)in relation to corrupt conduct, a notification under section 57(1);

(b)in relation to police personnel conduct, a notification under section 57(2), (4) or (6);

*                *                *                *                *

(d)a notification under section 66 of the Audit Act 1994;

(e)a notification under section 19A of the Electoral Act 2002;

(f)a notification under section 377 of the Environment Protection Act 2017;

(fa)a notification under section 25 or 48 of the Judicial Commission of Victoria Act 2016;

(g)a notification under section 16E of the Ombudsman Act 1973;

(h)a notification under section 73 of the Public Administration Act 2004;

(i)a notification under section 37G of the Racing Act 1958;

(j)a notification under section 613 of the Workplace Injury Rehabilitation and Compensation Act 2013;

*                *                *                *                *

Parliamentary Committee means the Integrity and Oversight Committee established under section 5(a) of the Parliamentary Committees Act 2003;

Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;

person includes an unincorporated association, a firm and a partnership;

person in charge, for the purposes of Division 1 of Part 3, means the person who is in charge of the place or institution where the person who wishes to make a complaint is a detained person;

*                *                *                *                *

police gaol has the same meaning as it has in the Corrections Act 1986;

police officer has the same meaning as it has in the Victoria Police Act 2013;

Note

Police officers include police reservists (see section 45(v) of the Victoria Police
Act 2013) and special constables (see section 193(1) of that Act).

*                *                *                *                *

police personnel conduct has the meaning given by section 5;

police personnel conduct complaint has the meaning given by section 5;

police personnel misconduct has the meaning given by section 5;

police personnel premises means any premises, or the part of any premises, occupied by Victoria Police or members of Victoria Police personnel for the purposes of use as an office, a police station, a police gaol, a locker room, a command and control centre, an educational and training complex, a forensic laboratory, a storage facility or a special purpose facility, whether or not occupied by any other person or body, but does not include any residential premises;

police recruit has the same meaning as it has in the Victoria Police Act 2013;

preliminary inquiry means a preliminary inquiry under section 59A or 59B;

prescribed means prescribed by regulations made under this Act;

prison has the same meaning as it has in the Corrections Act 1986;

prisoner has the same meaning as it has in the Corrections Act 1986;

prison officer has the same meaning as it has in the Corrections Act 1986;

privilege means—

(a)any privilege that a person is entitled to claim in any proceedings before a court or tribunal, other than the privilege provided for in Division 1C of Part 3.10 of the Evidence Act 2008; and

(b)public interest immunity;

prosecutorial body means—

(a)the Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975;

(b)the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013;

(c)the Director of Public Prosecutions of the Commonwealth appointed under section 18 of the Director of Public Prosecutions Act 1983 of the Commonwealth;

(d)the Director of Public Prosecutions of another State or a Territory;

(e)any other prescribed person or body which has a prosecutorial function;

*                *                *                *                *

protective services officer has the same meaning as it has in the Victoria Police Act 2013;

public body has the meaning given by section 6;

public interest complaint means a disclosure that the IBAC has determined under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint;

Public Interest Monitor has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011;

public officer has the meaning given by section 6;

public sector has the meaning given by section 6;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

referral means a referral under Division 5 of Part 3;

relevant head of jurisdiction means—

(a)in relation to the Supreme Court, a Judge of the Supreme Court, an Associate Judge of the Supreme Court or a judicial registrar of the Supreme Court—

(i)the Chief Justice; or

(ii)if the Chief Justice is the person whose conduct is being investigated, the President of the Court of Appeal; or

(b)in relation to the County Court, a judge of the County Court or an associate judge of the County Court—

(i)the Chief Judge of the County Court; or

(ii)if the Chief Judge is the person whose conduct is being investigated—

(A)if the Chief Judge is a dual commission holder, the Chief Justice; or

(B)otherwise, the next most senior judge of the County Court;

(c)in relation to the Magistrates' Court or a magistrate—

(i)the Chief Magistrate; or

(ii)if the Chief Magistrate is the person whose conduct is being investigated—

(A)if the Chief Magistrate is a dual commission holder, the Chief Justice; or

(B)otherwise, the most senior Deputy Chief Magistrate;

relevant offence means—

(a)an indictable offence against an Act; or

(b)any of the following common law offences committed in Victoria—

(i)attempt to pervert the course of justice;

(ii)bribery of a public official;

(iii)perverting the course of justice;

(iv)misconduct in public office;

relevant principal officer means—

(a)the public sector body Head within the meaning of section 4(1) of the Public Administration Act 2004, in relation to—

(i)the public body of which he or she is the public sector body Head; and

(ii)the public officers employed by that public body;

(b)the Chief Commissioner of Police, in relation to members of Victoria Police personnel;

(c)the Chief Executive Officer of a Council, in relation to members of Council staff employed by that Council;

(d)the Chief Executive Officer, within the meaning of the Court Services Victoria Act 2014, in relation to Court Services Victoria established under that Act and the members of the staff of Court Services Victoria;

report of the Chief Commissioner of Police means—

(a)a report on an investigation completed by the Chief Commissioner of Police under Part 9 or 10 of the Victoria Police Act 2013;

(b)a report to the IBAC under section 57(3);

restricted matter means—

(a)any evidence or information given to, or obtained by, the IBAC;

(b)the contents of any document, or a description of any thing, produced to, or obtained by, the IBAC;

(c)the contents of any document, or a description of any thing, which the IBAC has made a copy of or seized under Division 3 or Division 4 of Part 4;

(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 a witness summons has been issued;

(f)any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document or thing to, the IBAC, to be identified or located;

(g)the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document or thing to, the IBAC;

(h)the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012;

(i)the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;

Royal Commission into the Management of Police Informants has the same meaning as in the Special Investigator Act 2021 as in force immediately before its repeal;

Royal Commission record means—

(a)any answer, information, document or other thing given or produced to the Royal Commission into the Management of Police Informants; and

(b)any document or other thing produced by the Royal Commission into the Management of Police Informants; and

(c)any copy of an answer, document or other thing given or produced in accordance with paragraph (a) or (b);

search warrant means a warrant issued under section 91;

senior IBAC Officer means a sworn IBAC Officer who is the holder of a prescribed office or position or is the holder of an office or position of a prescribed class of offices or positions;

serious injury includes an injury that—

(a)is life threatening; or

(b)is likely to result in permanent impairment; or

(c)is likely to require long-term rehabilitation; or

(d)is, in the opinion of the IBAC, of such nature, or occurred in such circumstances, that the infliction of it is likely to bring the IBAC into disrepute or diminish public confidence in it;

spouseof a person means a person to whom the person is married;

sworn IBAC Officer means an IBAC Officer who has taken an oath or made an affirmation under this Act;

vehicle has the same meaning as it has in the Road Safety Act 1986;

vessel has the same meaning as it has in the Marine Safety Act 2010;

Victoria Police has the same meaning as it has in the Victoria Police Act 2013;

Victoria Police employee has the same meaning as it has in the Victoria Police Act 2013;

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witness summons means a witness summons issued under section 59E(1) or 120(1).

(2)For the purposes of paragraph (b) of the definition of approved health professional, the Chief Executive Officer within the meaning of the Victorian Institute of Forensic Medicine Act 2024, in writing, may approve a person to take blood samples for the purposes of Division 1 of Part 9 if the Chief Executive Officer is of the opinion that the person has the appropriate qualifications, training and experience to take those samples.

(3)A reference in this Act to the investigative functions of the IBAC—

(a)in respect of corrupt conduct, is a reference to the functions specified in section 15(2)(a), (3)(a) and (3)(c);

(b)in respect of police personnel conduct, is a reference to the functions specified in section 15(2)(b), (2)(c), (3)(b) and (3)(c).

(4)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.

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4Corrupt conduct

(1)For the purposes of this Act, corrupt conduct means conduct—

(a)of any person that adversely affects the honest performance by a public officer or public body of his or her or its functions as a public officer or public body; or

(b)of a public officer or public body that constitutes or involves the dishonest performance of his or her or its functions as a public officer or public body; or

(c)of a public officer or public body that constitutes or involves knowingly or recklessly breaching public trust; or

(d)of a public officer or a public body that involves the misuse of information or material acquired in the course of the performance of his or her or its functions as a public officer or public body, whether or not for the benefit of the public officer or public body or any other person; or

(da)of a person (the first person) intended to adversely affect the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body and result in the first person or an associate of the first person obtaining—

(i)a licence, permit, approval, authority or other entitlement under any Act or subordinate instrument; or

(ii)an appointment to a statutory office or as a member of the board of any public body under any Act or subordinate instrument; or

(iii)a financial benefit or real or personal property; or

(iv)any other direct or indirect monetary or proprietary gain—

that they would not have otherwise obtained; or

(e)that could constitute a conspiracy or an attempt to engage in any conduct referred to in paragraph (a), (b), (c), (d) or (da)—

being conduct that would constitute a relevant offence.

(1A) For the purposes of this Act, in determining whether conduct would constitute a relevant offence, the IBAC may assume that the required state of mind to commit the relevant offence can be proven.

(2)Conduct may be corrupt conduct for the purposes of this Act if—

(a)all or any part of the conduct occurs outside Victoria, including outside Australia; and

(b)the conduct would be corrupt conduct if it occurred in Victoria.

(2A) For the purposes of section 4(1)(da), the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body may be adversely affected notwithstanding that the public officer or public body does not engage in any corrupt conduct or other misconduct in performing or exercising those functions or powers.

(2B)  For the purposes of section 4(1)(da), an associate of a first person is—

(a)a person or entity who has an agreement, arrangement or understanding with the first person or holds any relevant financial interest in any business of the first person;

(b)if the first person is a natural person, a person who is a relative of the first person;

(c)if the first person is a body corporate—

(i)an entity of whom the first person is an associate within the meaning of section 11 of the Corporations Act; or

(ii)an employee or officer of a related body corporate within the meaning of the Corporations Act to the first person.

(2C)For the purposes of subsection (2B)—

relative means—

(a)the spouse or domestic partner of the first person;

(b)a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the first person;

(c)a step-father, step-mother, legal guardian, step-son, step-daughter, step‑brother, step-sister, father‑in‑law, mother-in-law, son‑in-law, daughter-in-law, brother-in-law or sister-in-law of the first person;

(d)a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the spouse or domestic partner of the first person;

(e)a step-father, step-mother, legal guardian, step-son, step-daughter, step‑brother, step-sister, father‑in‑law, mother-in-law, son‑in-law, daughter-in‑law, brother-in-law or sister-in-law of the spouse or domestic partner of the first person;

relevant financial interest includes any share in the capital of a business of the first person or any entitlement to receive any income or payment from a business of the first person.

(3)This Act does not apply to any conduct of any person that can be considered by the Court of Disputed Returns in proceedings in relation to a petition under Part 8 of the Electoral Act 2002.

5Meaning of police personnel conduct, police personnel conduct complaint and police personnel misconduct

For the purposes of this Act—

police personnel conduct means—

(a)in relation to a public officer who is a police officer or protective services officer—

(i)an act or decision or the failure or refusal by the public officer to act or make a decision in the exercise, performance or discharge, or purported exercise, performance or discharge, whether within or outside Victoria, of a power, function or duty which the public officer has as, or by virtue of being, a police officer or protective services officer; or

(ii)conduct which constitutes an offence punishable by imprisonment; or

(iii)conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it; or

(iv)disgraceful or improper conduct (whether in the public officer's official capacity or otherwise);

(b)in relation to a public officer who is a Victoria Police employee or police recruit—

(i)an act or decision or the failure or refusal by the public officer to act or make a decision in the exercise, performance or discharge, or purported exercise, performance or discharge, whether within or outside Victoria, of a power, function or duty which the public officer has as, or by virtue of being, a Victoria Police employee or police recruit; or

(ii)conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it;

police personnel conduct complaint means—

(a)a complaint made to the IBAC under section 167 of the Victoria Police Act 2013; or

(b)a complaint made to the IBAC in relation to the police personnel conduct of a member of Victoria Police personnel other than a police officer or protective services officer;

police personnel misconduct means—

(a)in relation to a public officer who is a police officer or protective services officer—

(i)conduct which constitutes an offence punishable by imprisonment; or

(ii)conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it; or

(iii)disgraceful or improper conduct (whether in the public officer's official capacity or otherwise);

(b)in relation to a public officer who is a Victoria Police employee or police recruit, conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it.

6Definitions of public body, public officer and public sector

(1)For the purposes of this Act—

public body means, subject to this section—

(a)a public sector body within the meaning of section 4(1) of the Public Administration Act 2004;

(b)a body, whether corporate or unincorporated, established by or under an Act for a public purpose, including a university;

(c)the Electoral Boundaries Commission constituted under the Electoral Boundaries Commission Act 1982;

(d)a Council;

(e)a body that is performing a public function on behalf of the State or a public body or public officer (whether under contract or otherwise);

(f)any other body or entity prescribed for the purposes of this definition;

public officer means, subject to this section—

(a)a person employed in any capacity or holding any office in the public sector within the meaning of section 4(1) of the Public Administration Act 2004;

(b)a person to whom a provision of the Public Administration Act 2004 applies as a result of the application of Part 7 of that Act;

(c)an ongoing employee or temporary employee in the teaching service under the Education and Training Reform Act 2006;

(d)a judicial employee employed under Division 3 of Part 6 of the Public Administration Act 2004;

(e)a Ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004;

(f)an electorate officer within the meaning of the Parliamentary Administration Act 2005;

(g)a Parliamentary adviser employed under Division 2 of Part 6 of the Public Administration Act 2004;

(h)a Parliamentary officer within the meaning of the Parliamentary Administration Act 2005;

(i)a member of Victoria Police personnel;

(j)a responsible Minister of the Crown;

(k)a member of the Legislative Assembly or the Legislative Council;

(l)a Councillor within the meaning of section 3(1) of the Local Government Act 2020;

(m)a member of Council staff employed under the Local Government Act 2020;

(n)a judge, a reserve judge, a magistrate, a reserve magistrate, a coroner or a member of VCAT;

(o)an associate judge or a judicial registrar;

(p)a Crown Prosecutor;

(q)the Chief Crown Prosecutor;

(r)the Director of Public Prosecutions;

(s)the Governor, the Lieutenant-Governor or the Administrator of the State;

(t)the Auditor-General;

(u)the Ombudsman;

(v)the Electoral Commissioner;

(va)the Parliamentary Budget Officer;

(w)the holder of any other statutory office or any other prerogative office;

(x)any other person in the service of the Crown or a public body;

(y)a person that is performing a public function on behalf of the State or a public officer or public body (whether under contract or otherwise);

(z)a person who holds, or a person who is a member of a class of persons who hold, an office prescribed to be a public office for the purposes of this definition;

(za)an employee of, or any person otherwise engaged by, or acting on behalf of, or acting as a deputy or delegate of, a public body or a public officer;

public sector means the sector comprising all public bodies and public officers.

(2)The following are not a public body or a public officer for the purposes of this Act—

(a)the IBAC;

(b)an IBAC Officer;

(c)a Public Interest Monitor;

(d)the Office of the Special Investigations Monitor;

(e)the Special Investigations Monitor appointed under section 5 of the Major Crime (Special Investigations Monitor) Act 2004;

(f)Integrity Oversight Victoria;

(g)an Integrity Oversight Victoria Officer within the meaning of section 3 of the Integrity Oversight Victoria Act 2011;

(h)a judicial member of the Courts Council within the meaning of the Court Services Victoria Act 2014;

(i)a court;

(j)an investigating panel;

(k)a member of an investigating panel.

(3)In determining if a function is a public function the factors that may be taken into account include—

(a)that the function is conferred on the body or person by or under a statutory provision;

(b)that the function is of a regulatory nature;

(c)that the body that performs the function is a company (within the meaning of the Corporations Act) all of the shares in which are held by or on behalf of the State;

(d)that the body is publicly funded to perform the function.

(4)To avoid doubt—

(a)the factors listed in subsection (3) are not exhaustive of the factors that may be taken into account in determining if a function is a public function; and

(b)the fact that one or more of the factors set out in subsection (3) are present in relation to a function does not necessarily result in the function being a public function.

(5)The fact that a body or person receives public funds does not of itself make that body or person a public body or public officer for the purposes of this Act.

7Public interest complaint taken to be complaint

(1)For the purposes of this Act, other than Divisions 1 and 2 of Part 3—

(a)a public interest complaint that would not otherwise constitute a complaint is taken to be—

(i)a complaint made to the IBAC under section 51; or

(ii)if the disclosure relates to the conduct of a member of Victoria Police personnel—a police personnel conduct complaint made to the IBAC under section 52; and

(b)the person who made the public interest complaint is taken to be the complainant in relation to the complaint.

(2)To avoid doubt, a public interest complaint that would otherwise constitute a notification under this Act is taken to be a complaint not a notification.

8Objects of Act

The objects of this Act are to—

(a)provide for the identification, investigation and exposure of—

(i)corrupt conduct; and

(ii)police personnel misconduct;

(aa)provide for the IBAC to prioritise the investigation and exposure of serious corrupt conduct or systemic corrupt conduct;

(b)assist in the prevention of—

(i)corrupt conduct; and

(ii)police personnel misconduct;

(c)facilitate the education of the public sector and the community about the detrimental effects of corrupt conduct and police personnel misconduct on public administration and the community and the ways in which corrupt conduct and police personnel misconduct can be prevented;

(d)assist in improving the capacity of the public sector to prevent corrupt conduct and police personnel misconduct;

(e)provide for the IBAC to assess police personnel conduct.

9Act binds the Crown

(1)This Act binds the Crown—

(a)in right of the State of Victoria; and

(b)to the extent that the legislative power of the Parliament permits, in all its other capacities.

(2)To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations.

10Application of Act

This Act does not apply to Integrity Oversight Victoria or any Integrity Oversight Victoria Officer within the meaning of the Integrity Oversight Victoria Act 2011.

11Conduct occurring before the commencement of this section

This Act as amended by the Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016 applies to and inrespect of conduct all or part of which occurred before the commencement of this section if the conduct—

(a)is the conduct of, or in relation to, a person or body (whether or not still in existence) who or which would have been a public officer or public body within the meaning of this Act as amended by the Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016 had this section been in force at the time the conduct occurred; and

(b)would have been corrupt conduct or police personnel conduct within the meaning of this Act as amended by the Integrity and Accountability Legislation Amendment (AStronger System) Act 2016 had this section been in force at the time the conduct occurred.

11ADetermination of matter previously considered by the IBAC

The IBAC may determine to investigate any complaint or notification to the IBAC that the IBAC has before the commencement of section 7 of the Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016—

(a)dismissed under section 58(a); or

(b)referred to a person or body (other than the Ombudsman) under section 73; or

(c)referred to the Ombudsman under section 73 and the Ombudsman has dismissed it or has determined not to investigate it.

PART 2—THE IBAC

Division 1—Constitution and staff

12Establishment of the IBAC

(1)The Independent Broad-based Anti-corruption Commission is established.

(2)The IBAC does not represent the Crown.

13The IBAC is a body corporate

(1)The IBAC—

(a)is a body corporate with perpetual succession;

(b)has an official seal;

(c)may sue and be sued;

(d)may acquire, hold and dispose of real and personal property;

(e)may do and suffer all acts and things that a body corporate may by law do and suffer.

(2)All courts must take judicial notice of the official seal of the IBAC affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

(3)The official seal of the IBAC must—

(a)be kept in such custody as the IBAC determines; and

(b)not be used except as authorised by the IBAC.

Note

The IBAC is a special body under section 6(1) of the Public Administration Act 2004.

14Constitution of the IBAC

The IBAC consists of one Commissioner appointed by the Governor in Council in accordance with section 20.

15Functions of the IBAC

(1)The IBAC has the functions conferred on the IBAC under this Act or any other Act.

(1A)In performing its functions, the IBAC must prioritise its attention to the investigation and exposure of corrupt conduct which the IBAC considers may constitute serious corrupt conduct or systemic corrupt conduct.

(1B)Subsection (1A) does not restrict the IBAC's discretion to determine to investigate any matter that the IBAC considers may constitute corrupt conduct.

(2)Without limiting the generality of subsection (1), the IBAC has the following functions—

(a)to identify, expose and investigate corrupt conduct;

(b)to identify, expose and investigate police personnel misconduct;

(c)to assess police personnel conduct.

(3)Without limiting the generality of subsection (2), the IBAC has the following functions under subsection (2)—

(a)to receive complaints and notifications to the IBAC in relation to corrupt conduct;

(b)in relation to police personnel conduct—

(i)to receive police personnel conduct complaints and notifications to the IBAC;

(ii)to ensure that the highest ethical and professional standards are maintained by police officers and protective services officers;

(iii)to ensure that police officers and protective services officers have regard to the human rights set out in the Charter of Human Rights and Responsibilities Act 2006;

(ba)to conduct preliminary inquiries;

(c)to hold examinations;

(d)to make referrals to other persons or bodies.

(4)Without limiting subsections (2) and (3), the IBAC has the following functions in relation to public interest complaints—

(a)to investigate any of those complaints that it may investigate in accordance with—

(i)its corrupt conduct investigative functions; or

(ii)its police personnel conduct investigative functions;

(b)to refer the complaints to other persons or bodies to investigate;

(c)to dismiss the complaints.

(5)The IBAC has education and prevention functions for the purpose of achieving the objects of this Act.

(6)Without limiting the generality of subsection (5), the IBAC has the following functions under subsection (5)—

(a)to examine systems and practices in the public sector and public sector legislation;

(b)to provide information to, consult with and make recommendations to, the public sector;

(c)to assist the public sector to increase capacity to prevent corrupt conduct and police personnel misconduct by providing advice, training and education services;

(d)to provide information and education services to the community about the detrimental effects of corruption on public administration and ways in which to assist in preventing corrupt conduct;

(e)to provide information and education services to members of police personnel and the community about police personnel conduct, including the detrimental effects of police personnel misconduct and ways in which to assist in preventing police personnel misconduct;

(f)to publish information on ways to prevent corrupt conduct and police personnel misconduct.

(7)For the purpose of achieving the objects of this Act, the IBAC has the following functions—

(a)to receive information, conduct research and collect intelligence, and to use that information, research and intelligence in support of investigations;

(b)to report on, and make recommendations as a result of, the performance of its duties and functions.

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Note

See also Part 8 of the Public Interest Disclosures Act 2012 which sets out the functions of the IBAC under that Act.

16Powers of the IBAC

The IBAC has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the objects of this Act and the performance of its duties and functions.

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18IBAC not subject to direction or control

The IBAC is not subject to the direction or control of the Minister in respect of the performance of its duties and functions and the exercise of its powers.

19Independence of the Commissioner

(1)The Commissioner is an independent officer of the Parliament.

(2)The functions, powers, immunities and obligations of the Commissioner are as specified in this Act and other laws of the State.

(3)There are no implied functions, powers, rights, immunities or obligations arising from the Commissioner being an independent officer of the Parliament.

(4)The powers of the Parliament to act in relation to the Commissioner are as specified in or applying under this Act, the Constitution Act 1975 and other laws of the State.

(5)There are no implied powers of the Parliament arising from the Commissioner being an independent officer of the Parliament.

(6)Subject to this Act and other laws of the State, the Commissioner has complete discretion in the performance or exercise of his or her duties, functions or powers.

(7)In particular and without limiting subsection (6), the Commissioner is not subject to the direction or control of the Minister in respect of the performance or exercise of his or her duties, functions or powers.

20Appointment of the Commissioner

(1)Subject to section 21, the Governor in Council on the recommendation of the Minister may by instrument appoint an eligible person to be the Commissioner.

(2)A person is an eligible person if he or she—

(a)is or has been, or is qualified for appointment as, a judge of—

(i)the High Court; or

(ii)the Federal Court; or

(iii)the Supreme Court of Victoria or another State or a Territory;

(b)is not a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory.

(3)A person holding a judicial office immediately before being appointed to be the Commissioner must cease to hold that judicial office upon being appointed to be the Commissioner.

21Veto of proposed Commissioner

(1)Subject to subsection (4), the Minister must not make a recommendation under section 20 unless—

(a)the Minister has submitted details of the proposed recommendation to the Integrity and Oversight Committee; and

(b)either—

(i)within the time specified in subsection (2) the Integrity and Oversight Committee has informed the Minister that it has decided not to veto the recommendation; or

(ii)the time specified in subsection (2) has elapsed and the Integrity and Oversight Committee has not vetoed the recommendation.

(2)The Integrity and Oversight Committee must make a decision under this section within 30 days after the Minister has submitted details of the proposed recommendation to the Integrity and Oversight Committee.

(3)The Integrity and Oversight Committee—

(a)may decide to veto or not to veto the proposed recommendation;

(b)must notify the Minister in writing of its decision within the period specified in subsection (2).

(4)Subsections (1) to (3) do not apply to the appointment of the first Commissioner under this Act and the Minister may make the recommendation for the appointment of the first Commissioner after the Premier has consulted in relation to the proposed recommendation with the member of the Legislative Assembly who is for the time being the Leader of Her Majesty's Opposition.

22Duties, functions and powers of the Commissioner

The Commissioner—

(a)constitutes the IBAC under section 14;

(b)is responsible for undertaking the strategic leadership of the IBAC for the purpose of achieving the objects of this Act;

(c)has the duties, functions and powers delegated to the Commissioner by the IBAC;

(d)has any other duties, functions and powers conferred on the Commissioner under this Act or any other Act.

23Deputy Commissioners

(1)Subject to subsections (2) and (3), the Governor in Council on the recommendation of the Minister may by instrument appoint one or more persons as Deputy Commissioners being persons whom the Minister considers have the experience and qualifications necessary to enable the IBAC to achieve the objects of this Act and perform its duties and functions.

(2)The Minister must, in making a recommendation, ensure that at least one Deputy Commissioner is an Australian lawyer.

(3)Before making a recommendation under this section, the Minister must obtain the concurrence of the Commissioner.

(4)A person holding a judicial office immediately before being appointed to be a Deputy Commissioner must cease to hold that judicial office upon being appointed to be a Deputy Commissioner.

24Terms and conditions

(1)The Commissioner or a Deputy Commissioner holds office for the period not exceeding 5 years as is specified in the instrument of appointment.

(2)The Commissioner is not eligible to be re‑appointed.

(3)A Deputy Commissioner is eligible to be re‑appointed.

(4)Subject to this section, the Commissioner or a Deputy Commissioner is appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.

(5)The remuneration of the Commissioner or a Deputy Commissioner cannot be reduced during his or her term of office unless he or she consents to the reduction.

(6)If a person who has been a judge of the Supreme Court or the County Court or has been the Chief Magistrate is appointed as the Commissioner or a Deputy Commissioner, the appointment does not affect any pension or other rights or privileges the person has as a former judge or Chief Magistrate.

(7)If the Commissioner or a Deputy Commissioner was immediately before his or her appointment a judge of the Supreme Court, his or her service as a Commissioner or Deputy Commissioner shall count as service in the office of judge of the Supreme Court for the purposes of entitlement to a pension under section 83 of the Constitution Act 1975.

(8)If the Commissioner or a Deputy Commissioner was immediately before his or her appointment a judge of the County Court, his or her service as a Commissioner or Deputy Commissioner shall count as service in the office of judge of the County Court for the purposes of entitlement to a pension under section 14 of the County Court Act 1958.

(9)If the Commissioner or a Deputy Commissioner was immediately before his or her appointment as the Chief Magistrate, his or her service as a Commissioner or Deputy Commissioner shall count as service in the office of Chief Magistrate for the purposes of entitlement to a pension under section 10A of the Magistrates' Court Act 1989.

(10)If the Commissioner or a Deputy Commissioner was immediately before his or her appointment an officer within the meaning of the State Superannuation Act 1988, he or she continues to be such an officer during his or her term of office as the Commissioner or a Deputy Commissioner.

(11)The Commissioner or a Deputy Commissioner must not engage in any employment, business or community activity outside the office of Commissioner or Deputy Commissioner that may create an actual or perceived conflict of interest with his or her role as the Commissioner or a Deputy Commissioner.

(12)Without limiting the generality of subsection (11), the Commissioner or a Deputy Commissioner must not enter into a contract by which he or she is to provide services or provide services under any contract if the provision of services may create an actual or perceived conflict of interest with his or her role as the Commissioner or a Deputy Commissioner.

(13)In addition to subsection (11), the Commissioner or a Deputy Commissioner must not, without the approval of the Governor in Council—

(a)apply for, or hold, a licence or permit to conduct any trade, business or profession; or

Note

This includes a legal practising certificate under the Legal Profession Uniform Law (Victoria).

(b)conduct any trade, business or profession; or

(c)accept any other employment.

(14)The Public Administration Act 2004 does not apply to the Commissioner or a Deputy Commissioner in respect of the office of Commissioner or Deputy Commissioner.

24APension entitlements of Commissioner, partner and eligible children

(1)Subject to this section, the Commissioner, and the partner and children of the Commissioner, are entitled to pensions in the circumstances set out in this section and otherwise in the same circumstances and at the same rates and on the same terms and conditions as—

(a)a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal) under Part III of the Constitution Act 1975; and

(b)the partner and children of such a Judge under Part III of the Constitution Act 1975.

(2)Upon retirement or resignation, the Commissioner is entitled to a pension under this section if the Commissioner has attained the age of 65 years and—

(a)the Commissioner has served in the office of Commissioner for not less than 5 years; or

(b)having been appointed, the Commissioner is unable to serve as Commissioner for not less than 5 years, because he or she has become afflicted with a permanent incapacity disabling him or her from the due execution of that office.

(3)Upon the death of the Commissioner or any person who was formerly the Commissioner and entitled to a pension under this section, the partner of the Commissioner or former Commissioner is entitled to a pension payable fortnightly at the rate of three-eighths of the salary referred to in subsection (8)(e) until—

(a)the partner's death; or

(b)the partner becomes the domestic partner or spouse of another person.

(4)If there are eligible children of a deceased Commissioner and no pension is otherwise payable under this section to or in respect of that Commissioner, there is to be paid to any person or persons that the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (5).

(5)The pension applicable to each eligible child is the amount of the pension that would be payable to the partner of the Commissioner if the partner was entitled to a pension under this section divided by 4 or the number of eligible children (whichever is the greater).

(6)Eligible child in relation to a Commissioner means a child, adopted child or stepchild of the Commissioner or his or her partner—

(a)who is under the age of 16 years; or

(b)who—

(i)has attained the age of 16 years but is under the age of 25 years; and

(ii)is receiving full-time education at a school, college or university.

(7)Despite subsection (3), no pension is payable to the partner of any former Commissioner if that partner became the domestic partner or spouse of the former Commissioner after that Commissioner's resignation or retirement, unless in the case of marriage, the spouse was the domestic partner of the Commissioner immediately prior to that Commissioner's resignation or retirement.

(8)For the purposes of this section—

(a)section 83 of the Constitution Act 1975 is to be construed as if a reference to—

(i)service in the office of a Judge of the Court for not less than 10 years is a reference to service in the office of Commissioner for not less than 5 years; and

(ii)"Judge" or "Judge of the Court" were a reference to the Commissioner; and

(iii)"retirement" or "resignation" includes the expiry of a term of office as Commissioner; and

(b)sections 83(1)(a)(ii), (a)(iii) and (aa), (1A), (1B), (6)(aa), (a), (ab), (ac), (b) and (ba), (6A) and (7) of that Act do not apply; and

(c)sections 83AA to 83AI of that Act do not apply; and

(d)section 5A of the Constitution Act 1975 (other than subsection (2A)) applies and is to be construed as if a reference to "Judge" or "Judge of the Court" in that section of that Act were a reference to the Commissioner; and

(e)the annual salary on which a pension under this section is calculated is the annual salary for the time being applicable to the office of a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal).

(9)If, on the expiration of his or her term of office as Commissioner, a person who served as Commissioner for not less than 5 years is not under subsection (1) entitled to a pension only because he or she has not attained the age of 65 years—

(a)on that person attaining the age of 65 years he or she, and his or her partner and children, become entitled to pensions under that subsection in the circumstances, at the rates and on the terms and conditions set out in this section as if he or she had only retired from the office of Commissioner on attaining that age; and

(b)any such pension is liable to be suspended or determined in the circumstances and to the extent set out in this section.

(10)A pension under this section is otherwise liable to be suspended or determined in the same circumstances and to the same extent as pensions under Part III of the Constitution Act 1975 are liable to be suspended or determined.

Example

Accepting a judicial appointment, holding any office or place of profit under the Crown in right of the Commonwealth or of a State or engaging in legal practice: see section 83(4) of the Constitution Act 1975.

(11)The Commissioner and his or her partner and children are not entitled to a pension under this section if—

(a)the Commissioner has held office as a judge of the Supreme Court, an Associate Judge of the Supreme Court, a judge of the County Court, an associate judge of the County Court or the Chief Magistrate; and

(b)that person, his or her partner or children are entitled to a pension under—

(i)section 83 of the Constitution Act 1975; or

(ii)section 104A of the Supreme Court Act 1986; or

(iii)section 14 or 17B of the County Court Act 1958; or

(iv)section 10A of the Magistrates' Court Act 1989.

(12)This section is taken to have effect on and from 1 January 2013.

24BSalary sacrifice

(1)The Commissioner, by notice in writing to the Attorney-General, may enter into an arrangement under which the Commissioner agrees to receive the whole or part of his or her total amount of future salary as non-salary benefits of an equivalent value.

(2)A notice under subsection (1) must specify a date from which the arrangement is to take effect which must be—

(a)the date on which the notice is given; or

(b)a later date.

(3)The Commissioner may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General.

(4)A notice of variation or revocation under subsection (3) must specify a date from which the variation or revocation is to take effect which must be—

(a)the date on which the notice is given; or

(b)a later date.

(5)In this section non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004.

(6)This section is taken to have effect on and from 1 January 2013.

24CAppropriation of Consolidated Fund

All pensions under section 24A and any payments in connection with those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly.

25Vacancy and resignation—office of the Commissioner

(1)The Commissioner ceases to hold office if he or she—

(a)resigns by writing delivered to the Governor; or

(b)becomes an insolvent under administration; or

(c)is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d)nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or

(e)is appointed to a judicial office; or

(f)becomes a represented person within the meaning of the Guardianship and Administration Act 2019.

(2)The Commissioner ceases to hold office if he or she is removed from office under section 26.

26Suspension and removal from office of the Commissioner

(1)The Governor in Council may suspend the Commissioner from office on any of the following grounds—

(a)misconduct;

(b)neglect of duty;

(c)inability to perform the duties of the office;

(d)any other ground on which the Governor in Council is satisfied that the Commissioner is unfit to hold office.

(2)The Minister must cause a full statement of the grounds of suspension to be presented to each House of the Parliament on or before the 7th sitting day of that House of the Parliament after the suspension.

(3)The Governor in Council must remove the Commissioner from office if each House of the Parliament on or before the 7th sitting day of that House of the Parliament after the statement of the grounds of suspension is presented to it, declares by resolution that the Commissioner ought to be removed from office.

(4)The Governor in Council must remove the suspension and restore the Commissioner to office unless each House of the Parliament makes a declaration of the kind specified in subsection (3) within the time specified in that subsection.

(5)The Commissioner can only be removed from office in accordance with this section.

27Vacancy and resignation—office of Deputy Commissioner

(1)A Deputy Commissioner ceases to hold office if he or she—

14Witness 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

(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 135, 136, 137 or 138, Division 2 of Part 6 or Division 5 of Part 6 of this Act, as the case requires, as if the person had been issued with a witness summons under this Act.

15Examinations

(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

(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 135, 136, 137 and 138, Division 2 of Part 6 and Division 5 of Part 6 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 6.

16Legal 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 151 of this Act as if it were an application under section 151 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 151.

(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 151 as if the person had been issued with a witness summons under this Act.

17Witness 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.

18Confidentiality 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

(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.

19Legal 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.

20Arrest 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

(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 81, 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.

21Powers 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—

(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—

(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 81, 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—

(a)those sections had not been repealed; and

(b)a reference in those sections to the Director were a reference to the IBAC.

22Protection 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 45.

(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 46.

(4)A reference in section 46—

(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 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 47(2) or 50(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 48.

23Investigations completed but proceedings not commenced

(1)The IBAC or a sworn IBAC Officer who is authorised by the Commissioner under section 189(b) or 190(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 189(b) or 190(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.

24Contempt 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 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.

25Exemption 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.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 27 October 2011

Legislative Council: 10 November 2011

The long title for the Bill for this Act was "A Bill for an Act to establish the Independent Broad-based Anti-corruption Commission, to amend the Parliamentary Committees Act 2003 and certain other Acts, and for other purposes."

The Independent Broad-based Anti-corruption Commission Act 2011 was assented to on 29 November 2011 and came into operation on 1 July 2012: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2.      

2   Table of Amendments

This publication incorporates amendments made to the Independent Broad-based Anti-corruption Commission Act 2011 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Independent Broad-based Anti-corruption Commission Act 2011, No. 66/2011

Assent Date:	29.11.11
Commencement Date:	S. 197(4) on 10.2.15: s. 197(4); s. 200(4) inserted on 26.4.21 by No. 11/2021 s. 139: s. 2(2)
Note:	S. 200(4) repealed s. 200 on 26.4.23
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Victorian Inspectorate Act 2011, No. 70/2011

Assent Date:	29.11.11
Commencement Date:	S. 43 on 1.7.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, No. 13/2012 (as amended by No. 82/2012)

Assent Date:	20.3.12
Commencement Date:	Ss 3–9 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Independent Broad-based Anti-corruption Commission Amendment (Examinations) Act 2012, No. 28/2012 (as amended by No. 82/2012)

Assent Date:	29.5.12
Commencement Date:	S. 10 on 1.7.12: Special Gazette (No. 222) 29.6.12 p. 1; ss 3–9, 11–31 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Evidence Amendment (Journalist Privilege) Act 2012, No. 52/2012

Assent Date:	18.9.12
Commencement Date:	Ss 17–19 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 3
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Commission for Children and Young People Act 2012, No. 79/2012

Assent Date:	18.12.12
Commencement Date:	S. 81 on 1.3.13: Special Gazette (No. 27) 29.1.13 p. 1
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	Ss 3–25, 253–258 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; ss 298, 299 on 11.2.13: s. 2(5)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Protected Disclosure Act 2012, No. 85/2012

Assent Date:	18.12.12
Commencement Date:	Ss 84–105 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013

Assent Date:	26.2.13
Commencement Date:	S. 62 on 17.4.13: Special Gazette (No. 141) 16.4.13 p. 1
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Integrity Legislation Amendment Act 2013, No. 28/2013

Assent Date:	15.5.13
Commencement Date:	S. 3 on 15.5.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013

Assent Date:	6.11.13
Commencement Date:	S. 86 on 1.2.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 19) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 23) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Court Services Victoria Act 2014, No. 1/2014

Assent Date:	11.2.14
Commencement Date:	S. 68 on 1.7.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 49) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 (as amended by No. 21/2015)

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 85) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 28) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	Ss 134, 135 on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Court Services Victoria and Other Acts Amendment Act 2015, No. 25/2015

Assent Date:	29.6.15
Commencement Date:	S. 9 on 30.6.15: Special Gazette (No. 183) 30.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:	16.2.16
Commencement Date:	S. 58 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Judicial Commission of Victoria Act 2016, No. 16/2016

Assent Date:	19.4.16
Commencement Date:	Ss 161–166 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016

Assent Date:	31.5.16
Commencement Date:	Ss 3(a)(b)(d)–(h), 4–18, 21–49 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1; ss 3(c), 19, 20 on 1.12.16: Special Gazette (No. 194) 21.6.16 p. 1
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Witness Protection Amendment Act 2016, No. 34/2016

Assent Date:	15.6.16
Commencement Date:	S. 31 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Road Legislation Further Amendment Act 2016, No. 70/2016

Assent Date:	29.11.16
Commencement Date:	Ss 47, 48 on 1.1.17: Special Gazette (No. 389) 20.12.16 p. 1
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	Ss 128, 129 on 1.9.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Parliamentary Budget Officer Act 2017, No. 27/2017

Assent Date:	27.6.17
Commencement Date:	S. 58 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 69) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 40 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019

Assent Date:	5.3.19
Commencement Date:	S. 196 on 6.3.19: s. 2(1); ss 49–56, 57(Sch. 1 Pt A) on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1; ss 112–130 on 1.1.20: s. 2(3); ss 179–181 on 1.7.20: s. 2(4)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Audit Amendment Act 2019, No. 12/2019

Assent Date:	4.6.19
Commencement Date:	S. 21 on 1.7.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 23) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	S. 265(1) on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1; s. 265(2) on 1.7.20: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 items 56.1(a), 56.2) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 56.1(b)(c), 56.3−56.5) on 24.10.20: s. 2(3)(f)
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Justice Legislation Miscellaneous Amendments Act 2020, No. 22/2020

Assent Date:	30.6.20
Commencement Date:	Ss 7A–7H on 1.7.20: s. 2
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:	23.3.21
Commencement Date:	S. 138 on 24.3.21: s. 2(1); ss 126–137, 139, 198 on 26.4.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Special Investigator Act 2021, No. 50/2021

Assent Date:	30.11.21
Commencement Date:	Ss 128−133 on 1.12.21: s. 2
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:	15.2.22
Commencement Date:	S. 95 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	S. 840 on 1.9.23: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Disability and Social Services Regulation Amendment Act 2023, No. 9/2023

Assent Date:	23.5.23
Commencement Date:	S. 235 on 24.5.23: s. 2(1); s. 257 on 1.7.24: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Special Investigator Repeal Act 2023, No. 31/2023

Assent Date:	8.11.23
Commencement Date:	Ss 59–63 on 2.2.24: Special Gazette (No. 687) 19.12.23 p. 1
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024

Assent Date:	20.8.24
Commencement Date:	Ss 116–118 on 31.12.24: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	Ss 24, 73–79 on 11.9.24: s. 2(1); s. 113(Sch. 1 item 16) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Youth Justice Act 2024, No. 32/2024

Assent Date:	10.9.24
Commencement Date:	S. 832 on 30.9.25: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

Victorian Institute of Forensic Medicine Act 2024, No. 34/2024

Assent Date:	17.9.24
Commencement Date:	S. 53 on 1.7.25: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] The provisions of this Act have been renumbered and relettered according to sections 298 and 299 of the Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 (repealed).

S. 298 read as follows:

298Renumbering 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

Column 1

Section number

Column 2

Renumbered section number

11

17

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

Column 1

Section number

Column 2

Renumbered section number

33F

45

33G

46

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

Column 1

Section number

Column 2

Renumbered section number

49C

73

49D

74

49E

75

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

Column 1

Section number

Column 2

Renumbered section number

67A

Note

This section inserted by the Evidence Amendment (Journalist Privilege) Act 2012

99

68

100

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

Column 1

Section number

Column 2

Renumbered section number

82I

123

82J

124

82K

125

82L

126

82M

127

82N

128

82O

129

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

Column 1

Section number

Column 2

Renumbered section number

82ZE

147

82ZF

148

82ZG

149

82ZH

150

82ZI

151

82ZJ

152

82ZK

153

82ZL

154

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

Column 1

Section number

Column 2

Renumbered section number

95

176

96

177

97

178

98

179

99

180

100

181

101

182

101A

183

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

S. 299 read as follows:

299Renumbering 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)".

(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.