Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 (Vic)
Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019
No. 2 of 2019
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments relating to public interest disclosures
Division 1—Preliminary
3Principal Act
Division 2—Amendment of Protected Disclosure Act 2012
4Amendment of title
5Amendment of purposes
6Definitions
7Meaning of improper conduct
8Definitions of public body, public officer and public sector
9New Parts 2 and 3 substituted
10Heading to Part 4 amended
11Section 32 amended
12Section 33 amended
13New section 33A inserted
14New Part 4A inserted
15Related disclosures
16Amendment of section 35
17Related disclosure made by other person
18Related disclosure notified to the IBAC
19New section 37A inserted
20Heading to Part 6 amended
21Section 38 substituted
22Sections 39, 40 and 41 amended
23Section 43 amended
24Management action not prevented
25Protection from reprisal
26Proceedings for damages for reprisal
27Sections 48 and 49 amended
28Application for injunction or order
29Transfer of employee
30Content of assessable disclosure must not be disclosed
31Identity of person making assessable disclosure must not be disclosed
32Circumstances in which information may be disclosed
33Heading to Part 8 amended
34Functions and powers of the IBAC
35Functions and powers of the Victorian Inspectorate
36New section 56A inserted
37Guidelines
38Procedures—entities required to establish procedures
39Annual report by the IBAC
40Annual report by the Victorian Inspectorate
41Annual report by other investigating entities
42New section 71A inserted
43Offence to make false disclosure or provide false further information
44Amendment of section 73
45Section 74 repealed
46Exemption from Freedom of Information Act 1982
47New section 83 inserted
48New Schedule 2 inserted
Division 3—Amendment of Independent Broad‑based Anti‑corruption Commission Act 2011
49Definitions
50Section 7 amended
51Functions of the IBAC
52Confidentiality notice
53Disclosure subject to confidentiality notice
54Referral of complaint or notification for investigation by another person or body
55New section 73A inserted
56Information to be provided with referral
57Further consequential amendments
Division 4—Amendment of Victorian Inspectorate Act 2011
58Definitions
59Section 4 substituted
60Functions of the Victorian Inspectorate
61New section 36A inserted
62Confidentiality notice
63Disclosure subject to confidentiality notice
64Investigation of complaint
65Section 45 amended
66Conduct of investigation
67Requirement to provide assistance
68New sections 85D and 85E inserted
69New section 86A inserted
70Advice to a complainant
71Outcome of investigation
72Further consequential amendments
Division 5—Amendment of Ombudsman Act 1973
73Definitions
74Procedure relating to investigations
75Section 24 amended
76Confidentiality notice
77Disclosure subject to confidentiality notice
78Division 3 of Part VA repealed
79Further consequential amendments
Division 6—Amendment of Victoria Police Act 2013
80Definitions
81What is a police tort?
82Making of complaints
83Heading to Part 10 amended
84Duty to investigate
85Chief Commissioner must inform person who made disclosure of outcome of investigation
86Definitions for Part 10
87Disclosure of restricted matter prohibited
88Section 190 amended
89Further consequential amendments
Division 7—Amendment of Parliamentary Committees Act 2003
90Definitions
91Integrity and Oversight Committee
92New section 7A inserted
Division 8—Amendment of Judicial Commission of Victoria Act 2016
93Definitions
94Referrals by the IBAC
95Notification to the IBAC does not affect complaint or referral
96Withdrawal of complaints and referrals
97Amendment of references to Principal Act
98Actions to be taken before questioning of a witness or requiring production of a document or other thing
99Privilege against self-incrimination abrogated
100Annual report of the Judicial Commission
101Use and disclosure of information
Division 9—Amendment of Local Government Act 1989
102Definitions
103Appointment of Chief Municipal Inspector
104New sections 223BA to 223BM inserted
Division 10—Amendment of Racing Act 1958
105Definitions
106Functions of the Racing Integrity Commissioner
107New sections 37K to 37W inserted
Division 11—Amendment of Freedom of Information Act 1982
108Definitions
109Freedom of information functions
110New Division 3 of Part VIB inserted
Division 12—Consequential amendments of other Acts
111Amendment of Safe Drinking Water Act 2003
Part 3—Amendments relating to persons and bodies administering integrity and accountability legislation
Division 1—Amendment of Independent Broad‑based Anti‑corruption Commission Act 2011
112Definitions
113Definitions of public body, public officer and public sector
114The IBAC may receive information
115New section 58A inserted
116Notice of dismissal, investigation or referral of complaint or notification
117Section 98 amended
118Conduct of examinations
119Examinations generally to be held in private
120New section 119A inserted
121Content and form of witness summons
122IBAC to report to Victorian Inspectorate on issue of witness summonses
123Legal representation of witnesses and other persons
124IBAC to inform Victorian Inspectorate of direction in relation to specified Australian legal practitioner
125New section 132A inserted
126Report to Victorian Inspectorate on issue of arrest warrant
127Privileges and secrecy generally
128New section 162A inserted
129Persons who receive reports or information prior to publication
130Offence to disclose certain information received from the IBAC
Division 2—Amendment of Victorian Inspectorate Act 2011
131Definitions
132Functions of the Victorian Inspectorate
133New section 40A inserted
134New section 41A inserted
135New section 42AA inserted
136New Part 5B inserted
137Complaints
138New section 43A inserted
139Own motion investigation
140Divisions 2 and 3 do not apply
141Matters to be included in annual report
Division 3—Amendment of Freedom of Information Act 1982
142Tabling of report in Parliament
143Reporting by Information Commissioner
144New section 61ZH inserted
Division 4—Amendment of Privacy and Data Protection Act 2014
145New section 83GA inserted
Division 5—Amendment of Public Interest Monitor Act 2011
146Confidentiality
Part 4—Ombudsman Act 1973—general amendments
147Definitions
148New section 2A inserted
149Section 13 substituted
150Section 13AAA repealed
151Section 13AA substituted
152Conducting of enquiries
153New Parts IIIAB and IIIAC inserted
154Ombudsman may refuse to deal with certain complaints
155Notification to IBAC
156Notification to Victorian Inspectorate
157Notification to Information Commissioner
158Application of Division
159New section 16IA inserted
160Notice of referral
161Division 2E of Part IV repealed
162Procedure relating to investigations
163New sections 18 and 18A to 18G substituted—new sections 18H to 18S inserted
164New section 25AAB inserted
165Persons who receive proposed or draft reports or information in them
166Section 26 repealed
167Unauthorised disclosure
168Confidentiality notice
169Disclosure subject to confidentiality notice
170New Part VAB inserted
171Section 31 substituted
172New section 36 inserted
173Schedule 1—Specified entities
174Schedule 3—Persons and bodies to whom or which the Ombudsman may refer complaints
Part 5—Greater budget independence for Ombudsman, the IBAC and the Victorian Inspectorate
Division 1—Amendment of Ombudsman Act 1973
175Definitions
176New Part IVA inserted
177Annual and other reports to Parliament
178Transmission of sections 23(6) and 25 reports to Parliament
Division 2—Amendment of Independent Broad‑based Anti‑corruption Commission Act 2011
179Definitions
180Matters to be included in annual report
181New Part 8 inserted
Division 3—Amendment of Victorian Inspectorate Act 2011
182Definitions
183New heading to Division 1 of Part 7 inserted
184New heading to Division 2 of Part 7 inserted
185New sections 90A, 90B, 90C, 90D, 90E and 90F inserted
186New heading to Division 3 of Part 7 inserted
187Matters to be included in annual report
Part 6—Integrity and Oversight Committee
Division 1—Amendment of Parliamentary Committees Act 2003
188Definitions
189Establishment of Joint House Committees
190New section 6A substituted
191Section 12A repealed
192New Part 11 inserted
Division 2—Consequential amendments of other Acts
193Amendment of Parliamentary Salaries and Superannuation Act 1968
194Amendment of Ombudsman Act 1973
195Amendment of Freedom of Information Act 1982
196Amendment of Independent Broad-based Anti‑corruption Commission Act 2011
197Amendment of Victorian Inspectorate Act 2011
Part 7—Statute law revision
Division 1—Amendment of Freedom of Information Act 1982
198Applications to Information Commissioner for review
199Notice and copies of application for review
200Heading to section 64 amended
201Heading to section 64A amended
Division 2—Amendment of Victorian Inspectorate Act 2011
202Definitions
203Objects of Act
204Functions of the Victorian Inspectorate
205Section 85A renumbered as section 85C
206Recommendations must not include information likely to identify person who makes an assessable disclosure
207Outcome of investigation
208Exemption from Freedom of Information Act 1982
Division 3—Amendment of Privacy and Data Protection Act 2014
209Information Commissioner to give notice before certain disclosures
Part 8—Repeal
210Repeal of amending Act
Schedule 1—Further consequential amendments relating to public interest disclosures
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Endnotes
1 General information
Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019
No. 2 of 2019
[Assented to 5 March 2019]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Protected Disclosure Act 2012 and make related amendments to other Acts—
(i)to change the title of that Act and the provisions of the Act to refer instead to "public interest disclosures" and "public interest complaints"; and
(ii)to encourage and facilitate the reporting of improper conduct in the public sector by—
(A)expanding and clarifying the types of wrongdoing that can be disclosed and investigated as a public interest complaint; and
(B)clarifying and simplifying the pathways and procedures for making a public interest disclosure; and
(C)clarifying and simplifying confidentiality obligations, including allowing access to support services; and
(D)protecting external disclosures in limited circumstances; and
(iii)to expand the range of bodies that may investigate a public interest complaint; and
(iv)to permit disclosures about a Public Interest Monitor, the Victorian Inspectorate and a Victorian Inspectorate Officer; and
(v)to clarify the processes, powers and confidentiality obligations applying to disclosures about members of Victoria Police personnel; and
(b)to make Victoria's integrity and accountability system clearer and more efficient and improve on its operation by—
(i)amending the Independent Broad-based Anti-corruption Commission Act 2011 to improve the IBAC's powers in relation to public examinations, complaints handling and the provision of advance copies of reports; and
(ii)amending the Victorian Inspectorate Act 2011 to clarify the oversight by the Victorian Inspectorate of the IBAC, the Ombudsman, the Victorian Auditor-General's Office, the Chief Examiner and the Information Commissioner; and
(iii)amending the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014 to ensure that coercive powers exercised by the Information Commissioner are able to be subject to oversight by the Victorian Inspectorate; and
(iv)amending the Public Interest Monitor Act 2011 to allow a Public Interest Monitor to disclose confidential information to allow oversight by the Victorian Inspectorate and to a lawyer for the purpose of obtaining legal advice; and
(c)to amend the Ombudsman Act 1973—
(i)to clarify the purposes of that Act; and
(ii)to provide the Ombudsman with modern functions to help the Ombudsman resolve complaints and promote improved public administration; and
(iii)to provide the Ombudsman with clear jurisdiction over complaints about publicly funded services; and
(iv)to modernise and clarify the Ombudsman's investigation powers; and
(v)to allow complainants aged 10 to 16 years to provide information to the Ombudsman on a voluntary basis, subject to appropriate safeguards; and
(vi)to allow the Ombudsman to share information with a body to which the Ombudsman has referred a matter and with an authority to help them improve their complaints handling practices; and
(vii)to make other operational and technical improvements; and
(d)to amend the Ombudsman Act 1973, the Independent Broad-based Anti-corruption Commission Act 2011 and the Victorian Inspectorate Act 2011 to allow funding to the Ombudsman, the IBAC and the Victorian Inspectorate to be allocated each financial year through the Parliament Appropriation Bill as a separately disclosed budget line; and
(e)to amend the Parliamentary Committees Act 2003 and make consequential amendments to other Acts to streamline the Parliamentary oversight of the integrity and accountability system by merging the current IBAC Committee and the Accountability and Oversight Committee into a new Integrity and Oversight Committee.
2Commencement
(1)Parts 1, 6, 7 and 8 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsections (3) and (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision of this Act, other than Part 5, does not come into operation before 1 January 2020, it comes into operation on that day.
(4)Part 5 comes into operation on 1 July 2020.
PART 2—AMENDMENTS RELATING TO PUBLIC INTEREST DISCLOSURES
Division 1—Preliminary
3Principal Act
In this Part, the Protected Disclosure Act 2012 is called the Principal Act.
Division 2—Amendment of Protected Disclosure Act 2012
4Amendment of title
In the title to the Principal Act, for "Protected Disclosure" substitute "Public Interest Disclosures".
5Amendment of purposes
After section (1)(b) of the Principal Act insert—
"(ba)to ensure that those disclosures are properly assessed and, where necessary, investigated;".
6Definitions
(1)In section 3 of the Principal Act insert the following definitions—
"Chief Municipal Inspector has the same meaning as it has in section 3(1) of the Local Government Act 1989;
Information Commissioner has the same meaning as it has in section 5(1) of the Freedom of Information Act 1982;
Integrity and Oversight Committee means the Integrity and Oversight Committee established by section 5(a) of the Parliamentary Committees Act 2003;
misdirected disclosure has the meaning given in section 18(1);
public interest complaint means a disclosure that has been determined under section 26, 31 or 31B to be a public interest complaint;
public interest disclosure has the meaning given in section 9;
Racing Integrity Commissioner has the same meaning as it has in section 3(1) of the Racing Act 1958;".
(2)In section 3 of the Principal Act, for the definition of assessable disclosure substitute—
"assessable disclosure means—
(a)a disclosure that, under section 21(2), must be notified to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee;
(b)a disclosure that, under section 21(3), may be notified to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee;
(c)a disclosure that, under section 36(2), must be notified to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee;
(d)a disclosure made to the IBAC in accordance with Division 2 of Part 2;
(e)a disclosure made to the Victorian Inspectorate under section 14(b);
(f)a disclosure made to the Integrity and Oversight Committee under section 14(a);
(g)a police complaint disclosure that, under section 22, must be notified to the IBAC;
(h)a police complaint disclosure made to the IBAC;".
(3)In section 3 of the Principal Act, in the definition of investigating entity—
(a)in paragraph (e), for "protected disclosure complaint" substitute "public interest complaint";
(b)after paragraph (e) insert—
"(f)the Chief Municipal Inspector;
(g)the Racing Integrity Commissioner;
(h)the Information Commissioner;".
(4)In section 3 of the Principal Act, the definitions of protected disclosure and protected disclosure complaint are repealed.
7Meaning of improper conduct
(1)For section 4(1) and (2) of the Principal Act substitute—
"(1)For the purposes of this Act, improper conduct means—
(a)corrupt conduct; or
(b)conduct of a public officer or public body engaged in by the public officer or public body in their capacity as a public officer or a public body that constitutes—
(i)a criminal offence; or
(ii)serious professional misconduct; or
(iii)dishonest performance of public functions; or
(iv)an intentional or reckless breach of public trust; or
(v)an intentional or reckless misuse of information or material acquired in the course of the performance of the functions of the public officer or public body; or
(vi)a substantial mismanagement of public resources; or
(vii)a substantial risk to the health or safety of one or more persons; or
(viii)a substantial risk to the environment; or
(c)conduct of any person that—
(i)adversely affects the honest performance by a public officer or public body of their functions as a public officer or public body; or
(ii)is intended to adversely affect the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body and results in the person, or an associate of the person, obtaining—
(A)a licence, permit, approval, authority or other entitlement under any Act or subordinate instrument; or
(B)an appointment to a statutory office or as a member of the board of any public body under any Act or subordinate instrument; or
(C)a financial benefit or real or personal property; or
(D)any other direct or indirect monetary or proprietary gain—
that the person or associate would not have otherwise obtained; or
(d)conduct of any person that could constitute a conspiracy or attempt to engage in any of the conduct referred to in paragraph (a), (b) or (c).
(2)Despite subsection (1), conduct that is trivial does not constitute improper conduct for the purposes of this Act.".
(2)In section 4(2A) and (2B) of the Principal Act, for "section 4(2)(da)" substitute "section 4(1)(c)(ii)".
8Definitions of public body, public officer and public sector
In section 6 of the Principal Act—
(a)in the definition of public body, after paragraph (b) insert—
"(ba)the Victorian Inspectorate; or";
(b)in the definition of public officer, after paragraph (b) insert—
"(ba)a Victorian Inspectorate Officer; or
(bb)a Public Interest Monitor; or".
9New Parts 2 and 3 substituted
For Parts 2 and 3 of the Principal Act substitute—
"PART 2—PUBLIC INTEREST DISCLOSURES
Division 1—General
9Public interest disclosure
(1)Subject to subsection (3) and Division 3, a public interest disclosure is a disclosure by a natural person of—
(a)information that shows or tends to show—
(i)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(ii)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(b)information that the person reasonably believes shows or tends to show—
(i)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(ii)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45.
(2)A public interest disclosure may be about conduct that has occurred before the commencement of this section.
(3)A disclosure regarding the conduct of, or actions taken by, any of the following is not a public interest disclosure—
(a)the Office of the Special Investigations Monitor;
(b)the Special Investigations Monitor;
(c)a court;
(d)an investigating panel;
(e)a member of an investigating panel.
10Not necessary to identify person or body to whom public interest disclosure relates
A public interest disclosure may be made even if the person making the disclosure cannot identify the person or the body to whom or to which the disclosure relates.
11Complaints, notifications and disclosures under other Acts may be public interest disclosures
A disclosure may be a public interest disclosure even if it is a complaint, notification or disclosure (however described) made under another Act.
Division 2—How and to whom a public interest disclosure may be made
12How a public interest disclosure may be made
(1)A public interest disclosure to an entity must be made in accordance with the procedures established by the entity under section 58.
(2)A public interest disclosure to an entity may be made to a person permitted to receive a disclosure on behalf of the entity (a permitted person).
(3)A public interest disclosure may be made orally or in writing.
(4)A public interest disclosure made to an entity in writing must be addressed to the entity or a permitted person and sent (by post or electronically) or delivered to, or left at, the office of the entity or the permitted person.
(5)For the purposes of this Division, a person specified in column 2 of the Table in Schedule 2 is permitted to receive a public interest disclosure on behalf of the entity specified opposite in column 1 of that Table.
12APublic interest disclosure may be made anonymously
(1)Despite any contrary provision in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006), a public interest disclosure may be made anonymously.
(2)A provision of this or any other Act requiring an entity to notify, advise or otherwise communicate with a person who has made a public interest disclosure does not apply if the person makes the disclosure anonymously.
13Persons or bodies to which public interest disclosures may be made
(1)Unless required to be made to another entity under section 14 or 17, a public interest disclosure must be made to a person or entity in accordance with this section.
(2)A public interest disclosure may be made to—
(a)the IBAC; or
(b)the Ombudsman; or
(c)the Victorian Inspectorate.
(3)A public interest disclosure may be made to a public service body within the meaning of section (4)(1) of the Public Administration Act 2004 if the disclosure relates to the conduct of the public service body or of a member, officer or employee of the public service body.
(4)Subsection (3) does not apply in relation to a service, program or initiative provided by a prescribed entity.
(5)A public interest disclosure may be made to a public officer prescribed for the purposes of this section if the disclosure relates to an employee of, or any person otherwise engaged by, or acting on behalf of, or acting as a deputy or delegate of that public officer.
14Persons or bodies to which certain public interest disclosures must be made
Except as provided in section 15, a public interest disclosure must be made—
(a)to the Integrity and Oversight Committee or a Presiding Officer,
if the disclosure relates to—
(i)the Victorian Inspectorate; or
(ii)a Victorian Inspectorate Officer;
(b)to the Victorian Inspectorate, if the disclosure relates to—
(i)the IBAC; or
(ii)an IBAC Officer; or
(iii)a Public Interest Monitor;
(c)to the IBAC or the Judicial Commission, if the disclosure relates to—
(i)a judicial officer; or
(ii)a member of VCAT who is not a judicial officer;
(d)to the IBAC or to Victoria Police, if the disclosure relates to a member of Victoria Police personnel, other than the Chief Commissioner of Police;
(e)to the IBAC or the Ombudsman, if the disclosure relates to—
(i)a Councillor; or
(ii)the Information Commissioner; or
(iii)the Health Complaints Commissioner appointed under the Health Complaints Act 2016;
(f)to the IBAC or the Victorian Inspectorate, if the disclosure relates to—
(i)the Chief Examiner or an Examiner appointed under section 21 of the Major Crime (Investigative Powers) Act 2004; or
(ii)an Ombudsman officer; or
(iii)a VAGO officer; or
(iv)a Judicial Commission officer, other than a judicial member of the Board of the Judicial Commission;
(g)to the IBAC, if the disclosure relates to—
(i)the Chief Commissioner of Police; or
(ii)the Director of Public Prosecutions appointed under the Constitution Act 1975; or
(iii)the Chief Crown Prosecutor appointed under the Public Prosecutions Act 1994; or
(iv)the Solicitor-General appointed under the Attorney-General and Solicitor-General Act 1972; or
(v)the Governor appointed under the Constitution Act 1975; or
(vi)the Lieutenant-Governor or Administrator appointed under the Constitution Act 1975; or
(vii)the Director, Police Integrity, appointed under the Police Integrity Act 2008; or
(viii)the Electoral Commissioner appointed under the Electoral Act 2002; or
(ix)a commissioner within the meaning of the Inquiries Act 2014; or
(x)a member of a Board of Inquiry within the meaning of the Inquiries Act 2014; or
(xi)a judicial employee employed under Division 3 of Part 6 of the Public Administration Act 2004; or
(xii)a Ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004; or
(xiii)a Parliamentary adviser employed under Division 2 of Part 6 of the Public Administration Act 2004; or
(xiv)an electorate officer employed under Part 4 of the Parliamentary Administration Act 2005; or
(xv)a Parliamentary officer within the meaning of section 4(1) of the Parliamentary Administration Act 2005.
15Disclosures by employees, etc. of public service body or public officer
(1)A public interest disclosure, including a disclosure that otherwise is required to be made to another entity under section 14 or 17(3), may be made in accordance with this section.
(2)A public interest disclosure may be made to a public service body by a member, officer or employee of the public service body.
(3)A public interest disclosure may be made to a public officer prescribed for the purposes of section 13(5) by a member, officer or employee of the public officer.
(4)A public interest disclosure that relates to a member of Parliament may not be made under this section.
16Public interest disclosures to Councils
(1)A public interest disclosure that relates to the conduct of a Council or of a member, officer or employee of a Council may be made to that Council.
(2)A public interest disclosure may be made to a Council by a person who is a member, officer or employee of the Council unless—
(a)the disclosure is required to be made to another entity under section 14 or 17(3); or
(b)the disclosure relates to a member of Parliament.
17Public interest disclosures relating to members of Parliament or Ministers of the Crown
(1)A public interest disclosure that relates to a member of the Legislative Assembly (whether in the member's capacity as a member of Parliament or as a Minister of the Crown) must be made to the Speaker of the Legislative Assembly.
(2)A public interest disclosure that relates to a member of the Legislative Council (whether in the member's capacity as a member of Parliament or as a Minister of the Crown) must be made to the President of the Legislative Council.
(3)Except as provided in section 15, a public interest disclosure that relates to a Minister of the Crown who is not a member of Parliament must be made to the IBAC.
18Misdirected disclosures
(1)A public interest disclosure made to an entity (the receiving entity) that is not an entity to which the disclosure may or must be made under this Division is a misdirected disclosure if—
(a)the receiving entity is an entity to which a public interest disclosure may be made under this Division; and
(b)the person who made the disclosure honestly believed that the receiving entity was an appropriate entity to which to make the disclosure.
Note
A misdirected disclosure may be notified for assessment under section 21 if the receiving entity considers that the disclosure shows or tends to show either of the matters mentioned in section 21(1)(b)(i) or (ii). Also, the protections under Part 6 apply to a misdirected disclosure. See section 38.
(2)Subsection (1) does not apply to a public interest disclosure that relates to a member of Parliament.
Division 3—Disclosures that are not public interest disclosures
19Person making disclosure may state that disclosure is not a public interest disclosure
(1)Despite section 9, a disclosure is not a public interest disclosure if the person making the disclosure expressly states in writing that the disclosure is not a public interest disclosure.
Note
Consequently, the disclosure is not required to be notified to, or assessed by, the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee and the protections under Part 6 do not apply to the disclosure.
(2)A written statement referred to in subsection (1) must be given to the entity to which the disclosure is made no later than 28 days after the disclosure is made.
Note
Subsection (2) does not operate to prevent a receiving entity from notifying a disclosure under Division 1 of Part 3 at any time before the expiry of the 28 day period referred to in that subsection if, at the time of the notification, the person has not made a statement under subsection (1).
20Disclosure made in performance of functions or duties
(1)A disclosure is not a public interest disclosure if the disclosure is made by an officer or employee of an investigating entity in the performance of the officer's or the employee's functions or duties under the Act under which the investigating entity is authorised to investigate public interest complaints.
(2)Subsection (1) does not apply if—
(a)at the time the disclosure is made, the person making the disclosure expressly states in writing that the disclosure is a public interest disclosure; and
(b)the disclosure is otherwise made in accordance with Division 2.
PART 3—NOTIFICATION AND ASSESSMENT OF PUBLIC INTEREST DISCLOSURES
Division 1—Notification
21Notification of disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee
(1)This section applies if—
(a)a public interest disclosure—
(i)is made in accordance with Division 2 of Part 2 to an entity other than to—
(A)the IBAC; or
(B)the Victorian Inspectorate under section 14(b); or
(C)the Integrity and Oversight Committee under section 14(a); or
(ii)is a misdirected disclosure; and
(b)the entity that received the disclosure (the receiving entity) considers that the disclosure may be a disclosure that—
(i)shows or tends to show—
(A)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(ii)the person who made the disclosure believes on reasonable grounds shows or tends to show—
(A)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45.
(2)Subject to subsection (3), the receiving entity must, no later than 28 days after the disclosure is made, notify the disclosure to the appropriate entity for assessment under this Part.
(3)If the disclosure is made to the Presiding Officer, the Presiding Officer may notify the disclosure to the appropriate entity for assessment under this Part.
(4)For the purposes of subsections (2) and (3), the appropriate entity to which a public interest disclosure must or may be notified is—
(a)the Integrity and Oversight Committee—if the disclosure relates to the Victorian Inspectorate or a Victorian Inspectorate Officer; or
(b)the Victorian Inspectorate—if the disclosure relates to the IBAC, an IBAC Officer or a Public Interest Monitor; or
(c)the IBAC—if the disclosure relates to any other person or body.
Note
The protections under Part 6 apply to a public interest disclosure whether or not the disclosure is notified to the appropriate entity under this section.
22Chief Commissioner of Police must notify police complaint disclosure to the IBAC
(1)This section applies if—
(a)a police complaint disclosure is made to the Chief Commissioner of Police or referred to the Chief Commissioner under section 168 of the Victoria Police Act 2013; and
(b)the Chief Commissioner considers that the disclosure may be a disclosure that—
(i)shows or tends to show—
(A)a police officer or protective services officer has engaged, is engaging or proposes to engage in improper conduct; or
(B)a police officer or protective services officer has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(ii)the person who made the disclosure believes on reasonable grounds shows or tends to show—
(A)a police officer or protective services officer has engaged, is engaging or proposes to engage in improper conduct; or
(B)a police officer or protective services officer has taken, is taking or proposes to take detrimental action against a person in contravention of section 45.
(2)The Chief Commissioner of Police must, no later than 28 days after the police complaint disclosure is made or referred to the Chief Commissioner, notify the disclosure to the IBAC for assessment under this Part.
Note
The protections under Part 6 apply to a police complaint disclosure whether or not the disclosure is notified to the IBAC under this section.
23Provision of other information in respect of notified disclosure
(1)An entity that has notified a public interest disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee (the notified entity) under section 21 or 22 may provide to the notified entity any information in respect of the disclosure obtained in the course of determining that the disclosure is a disclosure that must be notified.
(2)Information may be provided to the notified entity under subsection (1) at the time of the notification of the public interest disclosure or at any later time.
24Advice to person making disclosure to entity other than a Presiding Officer
(1)This section applies if—
(a)a public interest disclosure referred to in section 21(1)(a) is made to an entity other than a Presiding Officer; or
(b)a police complaint disclosure is made or referred to the Chief Commissioner of Police.
(2)If the disclosure is notified under section 21(2) or 22(2), the entity or the Chief Commissioner (the receiving entity) must advise the person who made the disclosure that the disclosure has been notified to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee (as the case may be) for assessment under this Act.
(3)Subject to subsection (5), if the disclosure is not notified under section 21(2) or 22(2), the receiving entity must advise the person who made the disclosure that—
(a)the receiving entity considers that the disclosure does not show and does not tend to show—
(i)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(ii)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; and
(b)consequently, the disclosure has not been notified for assessment under this Act; but
(c)the protections under Part 6 apply to the disclosure.
(4)Advice given under subsection (2) or (3) must be—
(a)in writing; and
(b)given no later than 28 days after the disclosure is made to the receiving entity.
(5)A receiving entity is not required to advise the person under subsection (3) unless the person has indicated to the receiving entity, or it otherwise appears to the receiving entity, that the person wishes to receive the protections that apply to a public interest disclosure under this Act.
25Advice to person making disclosure to a Presiding Officer
(1)This section applies if a public interest disclosure is made to a Presiding Officer.
(2)If the Presiding Officer notifies the disclosure under section 21(3), the Presiding Officer may advise the person who made the disclosure that the disclosure has been notified to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee (as the case may be) for assessment under this Act.
(3)If the Presiding Officer does not notify the disclosure under section 21(3), the Presiding Officer may advise the person who made the disclosure that the disclosure has not been notified for assessment under this Act.
Division 2—Determination of whether disclosure is a public interest complaint
26Assessment of public interest disclosure and determination by the IBAC
(1)If—
(a)a public interest disclosure is made to the IBAC in accordance with Division 2 of Part 2; or
(b)a public interest disclosure is notified to the IBAC under section 21; or
(c)a police complaint disclosure is notified to the IBAC under section 22; or
(d)a police complaint disclosure is made to the IBAC—
the IBAC must assess the disclosure to determine whether or not the disclosure is a public interest complaint.
(2)If a disclosure is made or notified to the IBAC in accordance with any other Act, the IBAC may assess the disclosure to determine whether or not the disclosure is a public interest complaint.
(3)Following an assessment under subsection (1) or (2), the IBAC must—
(a)determine that the disclosure is a public interest complaint if the IBAC considers that—
(i)the disclosure shows or tends to show—
(A)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(ii)the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show—
(A)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(b)determine that the disclosure is not a public interest complaint in any other case.
Note
The protections under Part 6 apply to a public interest disclosure or a police complaint disclosure whether or not the IBAC has determined that the disclosure is a public interest complaint.
(4)A determination under subsection (3) must be made within a reasonable time after the disclosure is made, or notified, to the IBAC.
(5)Despite subsection (3)(a) and subject to subsection (6), the IBAC may determine that a disclosure which has been notified to the IBAC under section 21 or 22 is not a public interest complaint if the IBAC considers that—
(a)it would be more appropriate for the matter which is the subject of the disclosure to be dealt with by the notifying entity or another public body; or
(b)the matter which is the subject of the disclosure has been adequately dealt with—
(i)by the notifying entity or another public body as required by law or by another Act; or
(ii)as required under an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth.
(6)Before determining under subsection (5) that a notified disclosure is not a public interest complaint, the IBAC must—
(a)consult with the notifying entity; and
(b)unless the disclosure was made anonymously, obtain the consent of the person who made the disclosure for the disclosure to be dealt with other than as a public interest complaint.
(7)The IBAC must not exercise any of its powers of investigation under the Independent Broad-based Anti-corruption Commission Act 2011 when making an assessment under subsection (1) or (2).
26AFurther assessment of disclosure determined not to be public interest complaint
If the IBAC has determined under section 26 that a disclosure is not a public interest complaint, the IBAC may—
(a)assess whether the disclosure is a complaint or notification under the Independent Broad-based Anti-corruption Commission Act 2011; and
(b)if so, deal with the disclosure as a complaint or notification under that Act.
27Advice to notifying entity
(1)If a disclosure has been notified to the IBAC by an entity under section 21 or 22, the IBAC must advise the entity of the IBAC's determination under section 26.
(2)The advice must be—
(a)in writing; and
(b)given within a reasonable time after the determination is made.
28Disclosure determined to be a public interest complaint—advice to person who made disclosure
(1)If the IBAC determines that a disclosure is a public interest complaint, the IBAC must advise the person who made the disclosure that—
(a)the IBAC has determined that the disclosure is a public interest complaint; and
(b)the protections under Part 6 apply to the disclosure.
(2)The advice must be—
(a)in writing; and
(b)given within a reasonable time after the determination is made.
(3)The advice must include a written statement containing the prescribed matters relating to the rights, protections and obligations under this Act of a person who has made a public interest disclosure.
29Disclosure determined not to be a public interest complaint—advice to person who made disclosure
(1)Subject to subsection (3), if the IBAC determines that a disclosure is not a public interest complaint, the IBAC must advise the person who made the disclosure that—
(a)the IBAC has determined that the disclosure is not a public interest complaint; and
(b)as a consequence of that determination—
(i)the disclosure will not be investigated as a public interest complaint; and
(ii)the confidentiality provisions under Part 7 of this Act no longer apply in relation to the disclosure; but
(c)the protections under Part 6 apply to the disclosure.
(2)The advice must—
(a)be in writing; and
(b)state the reasons why the IBAC has determined that the disclosure is not a public interest complaint; and
(c)be given within a reasonable time after the determination is made.
(3)If the disclosure was made by a person to the IBAC, the IBAC is not required to advise the person under subsection (1) unless the person has indicated to the IBAC, or it otherwise appears to the IBAC, that the person wishes to receive the protections that apply to a public interest disclosure under this Act.
30Advice regarding alternative procedures for dealing with disclosure
If the IBAC determines that a disclosure is not a public interest complaint but considers that the matter which is the subject of the disclosure may be able to be dealt with by another entity, the IBAC may advise the person who made the disclosure that—
(a)the matter which is the subject of the disclosure may be able to be dealt with by that entity other than as a public interest complaint; and
(b)if the person wishes to pursue the matter, the person should make a complaint directly to that entity.
31Assessment of disclosure and determination by the Victorian Inspectorate
(1)If a public interest disclosure that relates to the IBAC, an IBAC Officer or a Public Interest Monitor—
(a)is made to the Victorian Inspectorate in accordance with Division 2 of Part 2; or
(b)is notified to the Victorian Inspectorate under section 21—
the Victorian Inspectorate must assess the disclosure to determine whether or not the disclosure is a public interest complaint.
(2)Following an assessment under subsection (1), the Victorian Inspectorate must—
(a)determine that the disclosure is a public interest complaint if the Victorian Inspectorate considers that—
(i)the disclosure shows or tends to show—
(A)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(ii)the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show—
(A)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(b)determine that the disclosure is not a public interest complaint in any other case.
Note
The protections under Part 6 apply to a public interest disclosure whether or not the Victorian Inspectorate has determined that the disclosure is a public interest complaint.
(3)A determination under subsection (2) must be made within a reasonable time after the disclosure is made, or notified, to the Victorian Inspectorate.
(4)The Victorian Inspectorate must not exercise any of its powers of investigation under the Victorian Inspectorate Act 2011 when making an assessment under subsection (1).
(5)Sections 27, 28, 29 and 30 apply to a public interest disclosure assessed by the Victorian Inspectorate under subsection (1) as if a reference to the IBAC were a reference to the Victorian Inspectorate.
31AFurther assessment of disclosure determined not to be public interest complaint
If the Victorian Inspectorate has determined under section 31 that a disclosure is not a public interest complaint, the Victorian Inspectorate may—
(a)assess whether the disclosure is a complaint under the Victorian Inspectorate Act 2011; and
(b)if so, deal with the disclosure as a complaint under that Act.
31BAssessment of disclosure and determination by the Integrity and Oversight Committee
(1)If a public interest disclosure that relates to the Victorian Inspectorate or a Victorian Inspectorate Officer—
(a)is made to the Integrity and Oversight Committee in accordance with Division 2 of Part 2; or
(b)is notified to the Integrity and Oversight Committee under section 21—
the Integrity and Oversight Committee must assess the disclosure to determine whether or not the disclosure is a public interest complaint.
(2)Following an assessment under subsection (1), the Integrity and Oversight Committee must—
(a)determine that the disclosure is a public interest complaint if the Committee considers that—
(i)the disclosure shows or tends to show—
(A)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(ii)the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show—
(A)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(b)determine that the disclosure is not a public interest complaint in any other case.
Note
The protections under Part 6 apply to a public interest disclosure whether or not the Integrity and Oversight Committee has determined that the disclosure is a public interest complaint.
(3)A determination under subsection (2) must be made within a reasonable time after the disclosure is made, or notified, to the Integrity and Oversight Committee.
(4)The Integrity and Oversight Committee must not exercise any of its powers of investigation under the Parliamentary Committees Act 2003 when making an assessment under subsection (1).
(5)Sections 27, 28, 29 and 30 apply to a public interest disclosure assessed by the Integrity and Oversight Committee under subsection (1) as if a reference to the IBAC were a reference to the Integrity and Oversight Committee.".
10Heading to Part 4 amended
In the heading to Part 4 of the Principal Act, for "protected disclosure complaints" substitute "public interest complaints".
11Section 32 amended
(1)In the heading to section 32 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint".
(2)In section 32 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint".
(3)In the note at the foot of section 32 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint".
12Section 33 amended
(1)In the heading to section 33 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint".
(2)In section 33 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint".
(3)In the note at the foot of section 33 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint".
13New section 33A inserted
After section 33 of the Principal Act insert—
"33A Disclosure determined by the Integrity and Oversight Committee to be a public interest complaint
If the Integrity and Oversight Committee determines that a disclosure is a public interest complaint, the Committee must engage an independent person to investigate the disclosure in accordance with Part 4A.".
14New Part 4A inserted
After Part 4 of the Principal Act insert—
"PART 4A—ENGAGEMENT OF INDEPENDENT PERSON TO INVESTIGATE PUBLIC INTEREST COMPLAINTS MADE OR NOTIFIED TO THE INTEGRITY AND OVERSIGHT COMMITTEE
33BPublic interest complaint relating to the Inspector
(1)If the Integrity and Oversight Committee has determined that a public interest disclosure relating to the Inspector is a public interest complaint, the Committee must—
(a)notify the Minister that the Committee has received a public interest disclosure relating to the Inspector that the Committee has determined to be a public interest complaint; and
(b)request that the Minister recommend one or more independent persons to investigate the public interest complaint; and
(c)provide to the Minister sufficient information about the nature of the disclosure to enable the Minister to make that recommendation.
(2)The information referred to in subsection (1)(c) must not identify the person who made the public interest disclosure.
(3)Within 30 days after receiving a notification under subsection (1), the Minister must recommend to the Integrity and Oversight Committee one or more independent persons who, in the opinion of the Minister, are suitable to investigate the public interest complaint.
(4)In this section—
Inspector has the same meaning as in section 3(1) of the Victorian Inspectorate Act 2011.
33CAction by the Integrity and Oversight Committee on receipt of recommendation by the Minister
(1)On receipt of the recommendation by the Minister of a person or persons to investigate the public interest complaint, the Integrity and Oversight Committee may—
(a)engage one of the persons recommended by the Minister to investigate the public interest complaint under section 30 of the Parliamentary Committees Act 2003; or
(b)decide to accept none of the persons recommended by the Minister.
(2)If the Integrity and Oversight Committee engages a person recommended by the Minister to investigate the public interest complaint, the Committee must notify the Minister in writing of its decision within 30 days after the Minister's recommendation is received by the Committee.
(3)If the Integrity and Oversight Committee decides to accept none of the persons recommended by the Minister, the Committee must request that the Minister recommend to the Committee one or more additional persons to investigate the public interest complaint.
(4)Within 30 days after receiving a request from the Integrity and Oversight Committee under subsection (3), the Minister must recommend one or more additional persons to investigate the public interest complaint.
(5)Subsections (1) to (3) apply in relation to a recommendation made by the Minister under subsection (4).
33DPublic interest complaint relating to the Victorian Inspectorate or a Victorian Inspectorate Officer
(1)If the Integrity and Oversight Committee has determined that a public interest disclosure relating to the Victorian Inspectorate or a Victorian Inspectorate Officer is a public interest complaint, the Committee must engage an independent person to investigate the public interest complaint under section 30 of the Parliamentary Committees Act 2003.
(2)The Integrity and Oversight Committee must notify the engagement of an independent person to investigate a public interest complaint relating to the Victorian Inspectorate or a Victorian Inspectorate Officer to—
(a)the Minister; and
(b)the Inspector, unless the Committee reasonably believes that notifying the Inspector could prejudice the investigation.
(3)For the purposes of this section, a Victorian Inspectorate Officer does not include the Inspector.
(4)In this section—
Inspector has the same meaning as in section 3(1) of the Victorian Inspectorate Act 2011.
33EIntegrity and Oversight Committee may decline to engage independent investigator to investigate public interest complaint
(1)Despite section 33B(1) and 33D(1), the Integrity and Oversight Committee may decide not to request the Minister to recommend an independent person to investigate a public interest complaint or decide not to engage an independent person to investigate a public interest complaint if the Committee considers—
(a)the subject matter of the public interest complaint has already been investigated or otherwise dealt with by—
(i)an integrity body within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; or
(ii)any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions; or
(b)the person who made the public interest complaint—
(i)made the disclosure that was determined to be a public interest complaint more than 12 months after becoming aware of the disclosed matter; and
(ii)fails to give a satisfactory explanation for the delay in making the disclosure.
(2)If subsection (1) applies, the Integrity and Oversight Committee must, within a reasonable time after receiving the public interest complaint, inform the person who made the public interest disclosure of—
(a)the refusal to investigate the public interest complaint; and
(b)the reason for that refusal.
33FFurther information provided to investigator
If a person engaged under this Part to conduct an investigation is provided with further information that relates to the public interest complaint that is the subject of the investigation, the person conducting the investigation must—
(a)notify the further information to the Integrity and Oversight Committee; and
(b)state in the notification that the further information is to be treated as if it were a disclosure to which the protections under Part 6 apply.".
15Related disclosures
(1)In section 34(1)(a) and (c) of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint".
(2)In section 34(2)(a)(ii) of the Principal Act, for "protected disclosure complaint made to it under section 17" substitute "public interest complaint made to it under section 14(b)".
(3)In section 34(2)(b)(i) and (ii) of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint".
16Amendment of section 35
(1)In the heading to section 35 of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint".
(2)In section 35 of the Principal Act, for "protected disclosure complaint" (wherever occurring) substitute "public interest complaint".
(3)In the note at the foot of section 35 of the Principal Act—
(a)for "section 38(2)" substitute "section 38(5)";
(b)for "protected disclosure" (where twice occurring) substitute "public interest disclosure".
17Related disclosure made by other person
(1)In section 36(1)(a) of the Principal Act, for "protected disclosure complaint" substitute "public interest complaint".
(2)For section 36(2) of the Principal Act substitute—
"(2)Despite section 21, the investigating entity must notify the related disclosure to the appropriate entity if, and only if, the investigating entity considers that—
(a)the related disclosure shows or tends to show—
(i)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(ii)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(b)the person who made the related disclosure believes on reasonable grounds that the disclosure shows or tends to show—
(i)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(ii)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45.".
(3)In section 36(3) of the Principal Act, for "the IBAC" (where twice occurring) substitute "the appropriate entity".
(4)After section 36(3) of the Principal Act insert—
"(4)In this section, appropriate entity has the same meaning as in section 21(4).".
18Related disclosure notified to the IBAC
(1)In the heading to section 37 of the Principal Act, for "the IBAC" substitute "an appropriate entity".
(2)In section 37(1) of the Principal Act, for "the IBAC" (where twice occurring) substitute "an appropriate entity".
(3)Section 37(3) of the Principal Act is repealed.
19New section 37A inserted
After section 37 of the Principal Act insert—
"37A Investigation of related disclosure referred to investigating entity by an appropriate entity
An investigating entity may investigate a related disclosure notified to an appropriate entity under section 36(2) as part of its investigation of the public interest complaint to which it relates if the appropriate entity—
(a)has determined that the related disclosure is a public interest complaint; and
(b)has referred the related disclosure to the investigating entity for investigation.".
20Heading to Part 6 amended
In the heading to Part 6 of the Principal Act, for "protected disclosure" substitute "public interest disclosure".
21Section 38 substituted
For section 38 of the Principal Act substitute—
"38 Disclosures to which this Part applies
(1)This Part applies to the following disclosures—
(a)a public interest disclosure made in accordance with Division 2 of Part 2;
(b)a misdirected disclosure;
(c)a complaint by a police officer or a protective services officer about the conduct of another police officer or protective services officer made in accordance with section 167(3) of the Victoria Police Act 2013;
(d)an external disclosure made in accordance with section 38A.
(2)A reference in this Part (other than a reference in this section or section 38A) to a public interest disclosure is taken to be a reference to a disclosure to which this Part applies.
(3)This Part applies to a public interest disclosure made in accordance with Division 2 of Part 2 or a misdirected disclosure from the time the disclosure is made—
(a)whether or not the entity to which the disclosure was made has notified the disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee; and
(b)whether or not the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee has determined that the disclosure is a public interest complaint.
(4)This Part applies to a complaint referred to in subsection (1)(c) from the time the complaint is made—
(a)whether or not the complaint is investigated by the Chief Commissioner of Police; and
(b)whether or not the Chief Commissioner of Police has notified the complaint to the IBAC under section 22; and
(c)whether or not the IBAC has determined that the complaint is a public interest complaint.
(5)Any further information relating to a public interest disclosure provided by the person who made the disclosure is to be treated as if it were a public interest disclosure.
(6)Subsection (5) applies only to further information provided, whether orally or in writing, to—
(a)in the case of a public interest disclosure made in accordance with Division 2 of Part 2—the entity to which the disclosure was made; or
(b)the IBAC; or
(c)the Victorian Inspectorate; or
(d)the Integrity and Oversight Committee; or
(e)an investigating entity that is investigating the disclosure; or
(f)a person engaged by the Integrity and Oversight Committee under Part 4A to investigate a public interest disclosure.
38AExternal disclosures
(1)An external disclosure is a public interest disclosure made to a person or body who is not an entity to whom a public interest disclosure may be made under Division 2 of Part 2.
(2)Subject to subsection (3), an external disclosure is made in accordance with this section if—
(a)the person making the external disclosure has previously made a public interest disclosure in accordance with Division 2 of Part 2 (the original disclosure) and the original disclosure was not made anonymously; and
(b)the original disclosure was determined under Division 2 of Part 3 to be a public interest complaint and the person has been notified of that determination; and
(c)the subject matter of the external disclosure is substantially the same as the subject matter of the original disclosure; and
(d)either subsection (3) or (4) applies.
(3)This subsection applies if—
(a)the person has not been notified by the investigating entity about any action taken in relation to the original disclosure within 6 months after being notified that the original disclosure has been determined to be a public interest complaint; and
(b)the person has requested advice on the progress of the public interest complaint from the investigating entity and has not received a response within 30 days after that request.
(4)This subsection applies if—
(a)an investigation of the public interest complaint has not been completed within 12 months after the person was notified that the original disclosure has been determined to be a public interest complaint; and
(b)the person has requested advice on the progress of the public interest complaint from the investigating entity; and
(c)either—
(i)the person has not received a response within 30 days after the request; or
(ii)the person received a response within 30 days after the request advising that the investigation is still ongoing but has not been advised that the investigation has been completed within 6 months after that response.
(5)An external disclosure is not a disclosure made in accordance with this section if it contains information that—
(a)may prejudice a criminal investigation, criminal proceeding or other legal proceeding of which the person making the external disclosure is aware; or
(b)is likely to lead to the disclosure of any investigative method used by the IBAC or members of Victoria Police personnel.
Note
Despite being taken to be a public interest disclosure for the purposes of this Part, the confidentiality provisions of Part 7 do not apply to an external disclosure made in accordance with this section.".
22Sections 39, 40 and 41 amended
In sections 39(1) and (2), 40(1) and (2) and 41(1) and (2) of the Principal Act, for "protected disclosure" substitute "public interest disclosure".
23Section 43 amended
(1)In the heading to section 43 of the Principal Act, for "protected disclosure" substitute "public interest disclosure".
(2)In section 43(1) of the Principal Act, for "protected disclosure" substitute "public interest disclosure".
(3)In section 43(2) of the Principal Act, for "protected disclosure" (where twice occurring) substitute "public interest disclosure".
(4)Section 43(3) of the Principal Act is repealed.
24Management action not prevented
(1)In section 44(1) of the Principal Act, for "protected disclosure" substitute "public interest disclosure".
(2)In section 44(2) of the Principal Act—
(a)for "protected disclosure" (where first occurring) substitute "public interest disclosure";
(b)for "the person has made the protected disclosure" substitute "the employee has made the public interest disclosure";
(c)omit "substantial".
(3)After section 44(2) of the Principal Act insert—
"(3)Without limiting subsection (1) and subject to subsection (2), management action that may be taken in relation to an employee who has made a public interest disclosure includes any action that may or is required to be taken—
(a)in respect of performance development (including training), conditions of employment or discipline; or
(b)to ensure the safety of the workplace.".
25Protection from reprisal
(1)In section 45(1) of the Principal Act, for "protected disclosure" substitute "public interest disclosure".
(2)In section 45(2) of the Principal Act omit "substantial".
(3)For section 45(3)(a) of the Principal Act substitute—
"(a)the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee has determined that the disclosure is not a public interest complaint; and".
(4)After section 45(3) of the Principal Act insert—
"(4)Despite subsection (3), it is not a defence in a proceeding for an offence against subsection (1) if the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee (as the case may be) determined the disclosure is not a public interest complaint under section 26(5).".
26Proceedings for damages for reprisal
(1)In section 47(1) of the Principal Act, for "protected disclosure" substitute "public interest disclosure".
(2)After section 47(6) of the Principal Act insert—
"(7)In proceedings under this section, costs against the person alleging that detrimental action has been taken in reprisal for a public interest disclosure must not be awarded unless the court is satisfied—
(a)the person's claim that detrimental action had occurred is vexatious; or
(b)the person did not conduct the litigation reasonably.".
27Sections 48 and 49 amended
In sections 48(1) and (2) and 49(1) of the Principal Act, for "protected disclosure" substitute "public interest disclosure".
28Application for injunction or order
In section 50 of the Principal Act—
(a)in paragraph (a), for "protected disclosure" substitute "public interest disclosure";
(b)in paragraph (b)—
(i)for "protected disclosure" substitute "public interest disclosure";
(ii)for "Act." substitute "Act; or";
(c)after paragraph (b) insert—
"(c)the Integrity and Oversight Committee, if the Committee believes that detrimental action has been taken or may be taken in reprisal for a public interest disclosure the subject of which is a matter that the Committee may under Part 4A engage a person to investigate.".
29Transfer of employee
In section 51(1), (2) and (3) of the Principal Act, for "protected disclosure" substitute "public interest disclosure".
30Content of assessable disclosure must not be disclosed
(1)For section 52(1)(c) of the Principal Act substitute—
"(c)to whom the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee provides information about the content of an assessable disclosure to determine whether the disclosure is a public interest complaint; or".
(2)In section 52(3) of the Principal Act—
(a)for paragraph (b) substitute—
"(b)the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee has determined that the assessable disclosure is not a public interest complaint and the person or body discloses the content, or information about the content, of the assessable disclosure after that determination; or";
(b)in paragraph (c), for "publication." substitute "publication; or";
(c)after paragraph (c) insert—
"(d)the Integrity and Oversight Committee has published the information in a report to Parliament under this or any other Act and the person or body discloses the information after that publication.".
31Identity of person making assessable disclosure must not be disclosed
In section 53(2) of the Principal Act—
(a)after paragraph (a) insert—
"(ab)the person who made the assessable disclosure has given written consent to the Integrity and Oversight Committee or to an independent investigator engaged by the Committee under Part 4A to disclose—
(i)any information likely to lead to the person's identification; or
(ii)specific information likely to lead to the person's identification—
and the information is disclosed by the Committee or the independent investigator after and in accordance with that consent; or";
(b)for paragraph (c) substitute—
"(c)the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee has determined that the assessable disclosure is not a public interest complaint and the person or body discloses the information after that determination; or";
(c)in paragraph (d), for "publication." substitute "publication; or";
(d)after paragraph (d) insert—
"(e)the Integrity and Oversight Committee has published the information in a report to Parliament under this or any other Act and the person or body discloses the information after that publication.".
32Circumstances in which information may be disclosed
(1)In section 54(2) of the Principal Act—
(a)for paragraph (b) substitute—
"(b)by an investigating entity, or an officer of an investigating entity, where necessary for the purpose of the exercise of functions under the Act, or part of the Act, under which the investigating entity, or the officer of the investigating entity, is authorised to investigate a public interest complaint;
(ba)to Victoria Police where an investigating entity has previously disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct and the information is relevant to an investigation by Victoria Police of the criminal conduct;";
(b)in paragraph (i), for "with this Part." substitute "with this Part;";
(c)after paragraph (i) insert—
"(j)to any of the following for the purpose of assisting the person who made the assessable disclosure to seek advice or support in relation to the assessable disclosure—
(i)a registered health practitioner;
(ii)a trade union, within the meaning of the Workplace Relations Act 1996 of the Commonwealth, of which the person who made the assessable disclosure is a member;
(iii)an employee assistance program;
(k)to the Victorian WorkCover Authority for the purpose of a workers' compensation claim;
(l)to a prescribed service for a purpose prescribed for that service;
(m)for the purpose of an application to the Fair Work Commission, including any related proceeding.".
(2)In section 54(3) of the Principal Act—
(a)in the definition of confidentiality notice, after paragraph (c) insert—
"(d)a confidentiality notice issued by the Chief Municipal Inspector under section 223BJ of the Local Government Act 1989; or
(e)a confidentiality notice issued by the Racing Integrity Commissioner under section 37T of the Racing Act 1958; or
(f)a confidentiality notice issued by the Information Commissioner under section 61TJ of the Freedom of Information Act 1982;";
(b)in the definition of officer of an investigating entity, in paragraphs (a) and (b), for "protected disclosure complaint" substitute "public interest complaint";
(c)in the definition of relevant Act—
(i)in paragraph (g), after "1975;" insert "or";
(ii)after paragraph (g) insert—
"(h)the Local Government Act 1989; or
(i)the Racing Act 1958; or
(j)the Freedom of Information Act 1982;";
(d)insert the following definitions—
"Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth;
registered health practitioner means a person registered under the Health Practitioner National Law to practise a health profession (other than as a student);
Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013;".
33Heading to Part 8 amended
In the heading to Part 8 of the Principal Act, for "the IBAC and Victorian Inspectorate" substitute "the IBAC, the Victorian Inspectorate and the Integrity and OversightCommittee".
34Functions and powers of the IBAC
(1)In section 55(1) of the Principal Act, for "protected disclosure complaints" substitute "public interest complaints".
(2)In section 55(2) of the Principal Act—
(a)for "protected disclosure scheme" substitute "public interest disclosure scheme";
(b)in paragraph (b), for "protected disclosures" (where twice occurring) substitute "public interest disclosures";
(c)after paragraph (d) insert—
"(da)to promote the purposes of this Act;";
(d)in paragraphs (e), (f), (g) and (h), for "protected disclosure scheme" substitute "public interest disclosure scheme".
35Functions and powers of the Victorian Inspectorate
In section 56(1) of the Principal Act—
(a)in paragraph (a), for "the IBAC or IBAC Officers" substitute "the IBAC, IBAC Officers or Public Interest Monitors";
(b)in paragraph (c), for "protected disclosure complaints" substitute "public interest complaints";
(c)in the note at the foot of paragraph (d), for "the IBAC or IBAC Officers: see section 15" substitute "the IBAC, IBAC Officers or Public Interest Monitors. See sections 13 and 14(f)";
(d)in paragraph (e), after "IBAC" insert ", the Judicial Commission";
(e)after paragraph (e) insert—
"(ea)to promote the purposes of this Act; and".
36New section 56A inserted
After section 56 of the Principal Act insert—
"56A Functions and powers of the Integrity and Oversight Committee
(5)The independent performance auditor must not include in a report under subsection (1)—
(a)a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or
(b)a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence.
(6)The independent performance auditor must not include in a report under subsection (1)—
(a)information that the independent performance auditor considers would prejudice any criminal proceedings or criminal investigations, or any investigations by the IBAC or by the Victorian Inspectorate or an investigation under the Judicial Commission of Victoria Act 2016; or
(b)information that discloses the identity of a person to whom, or in respect of whom, a direction has been given under—
(i)Division 1 of Part 9 of the Independent Broad-based Anti‑corruption Commission Act 2011; or
(ii)Part 5 of the Victoria Police Act 2013; or
(c)any information that—
(i)is likely to lead to the identification of a person who has made an assessable disclosure; and
(ii)is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies; or
(d)information that discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or
(e)information that a particular investigation has been, is being or is to be, conducted.
(7)If the independent performance auditor intends to include in a report under subsection (1) a comment or an opinion that is adverse to any person who is to be named in the report and who is employed under Part 3 of the Public Administration Act 2004 pursuant to section 28(1) or engaged under section 28(2) or 29, the Victorian Inspectorate must, after receiving a copy of the proposed report or the relevant part of the proposed report, give the person a reasonable opportunity to respond to the Victorian Inspectorate in relation to the adverse material.".
186New heading to Division 3 of Part 7 inserted
Before section 92 of the Victorian Inspectorate Act 2011 insert—
"Division 3—Miscellaneous".
187Matters to be included in annual report
(1)After section 91(1)(b) of the Victorian Inspectorate Act 2011 insert—
"(ba)an account of the implementation of the annual plan prepared by the Victorian Inspectorate under section 90B;".
(2)After section 91(17) of the Victorian Inspectorate Act 2011 insert—
"(18)As soon as practicable after the end of each financial year, the Victorian Inspectorate must cause the annual report for that financial year to be transmitted to each House of Parliament.".
PART 6—INTEGRITY AND OVERSIGHT COMMITTEE
Division 1—Amendment of Parliamentary Committees Act 2003
188Definitions
In section 3 of the Parliamentary Committees Act 2003, the definition of IBAC Committee is repealed.
189Establishment of Joint House Committees
In section 5 of the Parliamentary Committees Act 2003—
(a)for paragraph (aa) substitute—
"(a)the Integrity and Oversight Committee;";
(b)paragraph (fa) is repealed.
190New section 6A substituted
For section 6A of the Parliamentary Committees Act 2003 substitute—
"7 Integrity and Oversight Committee
(1)The functions of the Integrity and Oversight Committee are—
(a)to monitor and review the performance of the functions and exercise of the powers of the Information Commissioner; and
(b)to consider and investigate complaints concerning the Information Commissioner and the operation of the Office of the Victorian Information Commissioner; and
(c)to report to both Houses of Parliament on any matter requiring the attention of Parliament that relates to—
(i)the performance of the functions and the exercise of the powers of the Information Commissioner; or
(ii)any complaint concerning the Information Commissioner and the operation of the Office of the Victorian Information Commissioner; and
(d)to examine the annual report of the Information Commissioner and any other reports by the Information Commissioner and report to Parliament on any matters it thinks fit concerning those reports; and
(e)to inquire into matters concerning freedom of information referred to it by the Parliament and to report to Parliament on those matters; and
(f)to monitor and review the performance of the duties and functions of the Victorian Inspectorate, other than those in respect of VAGO officers; and
(g)to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of the Victorian Inspectorate, other than those in respect of VAGO officers, that require the attention of the Parliament; and
(h)to examine any reports made by the Victorian Inspectorate to the Integrity and Oversight Committee or the Parliament other than reports in respect of VAGO officers; and
(i)to consider any proposed appointment of an Inspector under section 18 of the Victorian Inspectorate Act 2011 and to exercise a power of veto in accordance with that Act; and
(j)to monitor and review the performance of the duties and functions of the IBAC; and
(k)to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of the IBAC that require the attention of the Parliament; and
(l)to examine any reports made by the IBAC to the Integrity and Oversight Committee or the Parliament; and
(m)to consider any proposed appointment of a Commissioner under section 20 of the Independent Broad-based Anti-corruption Commission Act 2011 and to exercise a power of veto in accordance with that Act; and
(n)to carry out any other function conferred on the Integrity and Oversight Committee by or under—
(i)the Ombudsman Act 1973; and
(ii)the Independent Broad-based Anti-corruption Commission Act 2011; and
(iii)the Victorian Inspectorate Act 2011.
(2)Despite anything to the contrary in subsection (1), the Integrity and Oversight Committee cannot—
(a)reconsider a decision of the Information Commissioner or Public Access Deputy Commissioner in relation to a review of a particular matter; or
(b)reconsider any recommendations or decisions of the Information Commissioner or Public Access Deputy Commissioner in relation to a complaint under the Freedom of Information Act 1982; or
(c)reconsider any findings in relation to an investigation under the Freedom ofInformation Act 1982; or
(d)reconsider the making of a public interest determination under the Privacy and Data Protection Act 2014; or
(e)reconsider the approval of an information usage arrangement under the Privacy and Data Protection Act 2014; or
(f)reconsider a decision to serve a compliance notice under the Privacy and Data Protection Act 2014; or
(g)disclose any information relating
to the performance of a duty or function or exercise of a power by the Ombudsman, the Victorian Inspectorate or the IBAC which may—
(i)prejudice any criminal proceedings or criminal investigations; or
(ii)prejudice an investigation being conducted by the Ombudsman, the IBAC or the Victorian Inspectorate; or
(iii)contravene any secrecy or confidentiality provision in any relevant Act; or
(h)investigate a matter relating to the particular conduct the subject of—
(i)a particular complaint or notification made to the IBAC under the Independent Broad‑based Anti-corruption Commission Act 2011; or
(ii)a particular disclosure determined by the IBAC under section 26 of the Protected Disclosure Act 2012 to be a protected disclosure complaint; or
(iii)any report made by the Victorian Inspectorate; or
(i)review any decision by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011 to investigate, not to investigate or to discontinue the investigation of a particular complaint or notification or a protected disclosure complaint within the meaning of that Act; or
(j)review any findings, recommendations, determinations or other decisions of the IBAC in relation to—
(i)a particular complaint or notification made to the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or
(ii)a particular disclosure determined by the IBAC under section 26 of the Protected Disclosure Act 2012 to be a protected disclosure complaint; or
(iii)a particular investigation conducted by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or
(k)review any determination by the IBAC under section 26 of the Protected Disclosure Act 2012; or
(l)disclose or share any information that is likely to lead to the identification of a person who has made an assessable disclosure and is not information to which section 53(2)(a), (c) or (d) of the Protected Disclosure Act 2012 applies; or
(m)review any decision to investigate, not to investigate, or to discontinue the investigation of a particular complaint made to the Victorian Inspectorate in accordance with the Victorian Inspectorate Act 2011; or
(n)review any findings, recommendations, determinations or other decisions of the Victorian Inspectorate in relation to a particular complaint made to, or investigation conducted by, the Victorian Inspectorate in accordance with the Victorian Inspectorate Act 2011.
Note
See also Part VB of the Ombudsman Act 1973 which sets out the functions of the Integrity and Oversight Committee under that Act.".
191Section 12A repealed
Section 12A of the Parliamentary Committees Act 2003 is repealed.
192New Part 11 inserted
After section 69 of the Parliamentary Committees Act 2003 insert—
"PART 11—INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT (PUBLIC INTEREST DISCLOSURES, OVERSIGHT AND INDEPENDENCE) ACT 2019
70Definitions
In this Part—
Amendment Act means the Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019;
commencement date means the day on which Part 6 of the Amendment Act comes into operation;
former committee means either of the following committees established under section 5 of this Act as in force immediately before the commencement date—
(a)the Accountability and Oversight Committee;
(b)the Independent Broad-based Anti-corruption Commission Committee;
successor committee, in relation to a former committee, means the Integrity and Oversight Committee established under section 5.
71Transitional provisions
(1)Despite the amendment of this Act by the Amendment Act—
(a)the successor committee is taken to be the same body as the former committee; and
(b)except as expressly provided in this section, all persons, things and circumstances appointed or created by or under this Act or existing or continuing under this Act immediately before the commencement date continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if this Act had not been amended by the Amendment Act.
(2)On the commencement date—
(a)a person who is a member of a former committee ceases to be a member of the former committee and does not become a member of the successor committee unless the person has been appointed to be a member of the successor committee; and
(b)a sub-committee of a former committee ceases to exist.
(3)Despite subsection (1), the following cease to have any effect on the commencement date—
(a)a resolution by a former committee to use an audio or audio visual link under section 25(5);
(b)an invitation to a member of the Council or the Assembly or to a member of the public under section 26(1) to be present at a meeting of a former committee;
(c)a requirement under section 28(1) by a former committee to attend or produce a document or thing;
(d)the empowerment of a specified member or members of a former committee under section 28(5).".
Division 2—Consequential amendments of other Acts
193Amendment of Parliamentary Salaries and Superannuation Act 1968
(1)In the Table at the foot of section 6 of the Parliamentary Salaries and Superannuation Act 1968, for—
"Chairperson of the Accountability and Oversight Committee 15 Chairperson of the IBAC Committee 15"
substitute—
"Chairperson of the Integrity and Oversight Committee 15". (2)In the Table at the foot of section 6 of the Parliamentary Salaries and Superannuation Act 1968, for—
"Deputy chairperson of the Accountability and Oversight Committee 4 Deputy chairperson of the IBAC Committee 4" substitute—
"Deputy chairperson of the Integrity and Oversight Committee 4".
194Amendment of Ombudsman Act 1973
(1)In section 2(1) of the Ombudsman Act 1973—
(a)the definition of Accountability and Oversight Committee is repealed;
(b)insert the following definition—
"Integrity and Oversight Committee means the Integrity and Oversight Committee established by section 5(a) of the Parliamentary Committees Act 2003;".
(2)In the heading to section 26H of the Ombudsman Act 1973, for "Accountability" substitute "Integrity".
(3)In section 26H(1) and (2) of the Ombudsman Act 1973, for "Accountability" substitute "Integrity".
(4)In the heading to section 26I of the Ombudsman Act 1973, for "Accountability" substitute "Integrity".
(5)In section 26I of the Ombudsman Act 1973, for "Accountability" substitute "Integrity".
195Amendment of Freedom of Information Act 1982
(1)In the heading to section 64A of the Freedom of Information Act 1982, for "Accountability" substitute "Integrity".
(2)In section 64A(1) of the Freedom of Information Act 1982, for "Accountability" substitute "Integrity".
196Amendment of Independent Broad-based Anti‑corruption Commission Act 2011
(1)In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011—
(a)the definition of IBAC Committee is repealed;
(b)insert the following definition—
"Integrity and Oversight Committee means the Integrity and Oversight Committee established by section 5(a) of the Parliamentary Committees Act 2003;".
(2)In section 21 of the Independent Broad-based Anti-corruption Commission Act 2011, for "IBAC Committee" (wherever occurring) substitute "Integrity and Oversight Committee".
197Amendment of Victorian Inspectorate Act 2011
(1)In section 3(1) of the Victorian Inspectorate Act 2011—
(a)the definition of IBAC Committee is repealed;
(b)insert the following definition—
"Integrity and Oversight Committee means the Integrity and Oversight Committee established by section 5(a) of the Parliamentary Committees Act 2003;".
(2)In section 19 of the Victorian Inspectorate Act 2011, for "IBAC Committee" (wherever occurring) substitute "Integrity and Oversight Committee".
PART 7—STATUTE LAW REVISION
Division 1—Amendment of Freedom of Information Act 1982
198Applications to Information Commissioner for review
(1)In section 49A(1)(a) of the Freedom of Information Act 1982 omit "or Minister".
(2)In section 49A(4) of the Freedom of Information Act 1982 omit "or Minister".
(3)In section 49A(5) of the Freedom of Information Act 1982 omit "or Minister".
199Notice and copies of application for review
(1)In section 49D(1) of the Freedom of Information Act 1982 omit "or Minister".
(2)In section 49D(3) of the Freedom of Information Act 1982—
(a)after "an agency" insert "or the Minister";
(b)after "the agency" insert "or Minister".
200Heading to section 64 amended
In the heading to section 64 of the Freedom of Information Act 1982, for "64 Reporting" substitute "Reporting".
201Heading to section 64A amended
In the heading to section 64A of the Freedom of Information Act 1982, for "64A Reports" substitute "Reports".
Division 2—Amendment of Victorian Inspectorate Act 2011
202Definitions
In section 3(1) of the Victorian Inspectorate Act 2011, in the definition of coercive power, for "(d)" (where secondly occurring) substitute "(da)".
203Objects of Act
In section 5 of the Victorian Inspectorate Act 2011—
(a)in paragraph (g) (where first occurring), for "Commissioner." substitute "Commissioner; and
(b)in paragraph (g) (where secondly occurring), for "(g)" substitute "(h)".
204Functions of the Victorian Inspectorate
In section 11 of the Victorian Inspectorate Act 2011, for "(5)" (where secondly occurring) substitute "(6)".
205Section 85A renumbered as section 85C
In section 85A of the Victorian Inspectorate Act 2011 (where secondly occurring), for "85A" substitute "85C".
206Recommendations must not include information likely to identify person who makes an assessable disclosure
In section 86(1) of the Victorian Inspectorate Act 2011, for "or 85A" substitute ", 85A, 85B(1) or 85C".
207Outcome of investigation
In section 89 of the Victorian Inspectorate Act 2011—
(a)for "(5)" (where secondly occurring) substitute "(6)";
(b)for "make a recommendation to the Judicial Commission in accordance with section 85A" substitute "make a recommendation to the Judicial Commission in accordance with section 85C".
208Exemption from Freedom of Information Act 1982
In section 102(2) of the Victorian Inspectorate Act 2011, in the definition of relevant person or body, for "(n)" (where secondly occurring) substitute "(o)".
Division 3—Amendment of Privacy and Data Protection Act 2014
209Information Commissioner to give notice before certain disclosures
In section 121(1) of the Privacy and Data Protection Act 2014 omit "an".
PART 8—REPEAL
210Repeal of amending Act
This Act is repealed on 1 July 2021.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
SCHEDULE 1—FURTHER CONSEQUENTIAL AMENDMENTS RELATING TO PUBLIC
INTEREST DISCLOSURES
PART A—INDEPENDENT BROAD-BASED
ANTI-CORRUPTION COMMISSION ACT 2011
Section 57
1In section 40(c) and (d), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
2In the note at the foot of section 40, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
3In section 41(4), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
4In section 54(1)(b), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
5In section 55(4), for "protected disclosure complaint" substitute "public interest complaint".
6In section 59(2), for "protected disclosure complaint" (where twice occurring) substitute "public interest complaint".
7In section 59K(d)—
(a)for "protected disclosure complaint" substitute "public interest complaint";
(b)for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
8In the heading to section 66, for "protected disclosure complaints" substitute "public interest complaints".
9In section 66—
(a)in subsection (1)(a)—
(i)for "protected disclosure complaint" substitute "public interest complaint";
(ii)for "original protected disclosure complaint" substitute "original public interest complaint";
(b)in subsection (1)(b)—
(i)for "protected disclosure complaint" (wherever occurring) substitute "public interest complaint";
(ii)for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012";
(c)in subsections (2), (3) and (4), for "protected disclosure complaint" (wherever occurring) substitute "public interest complaint".
10In section 68(1), (2), (3) and (4), for "protected disclosure complaint" substitute "public interest complaint".
11In section 117(3), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
12In section 130(1)(d)—
(a)for "protected disclosure complaint" substitute "public interest complaint";
(b)for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
13In the heading to section 131, for "protected disclosure complaint" substitute "public interest complaint".
14In section 131(a), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
15In section 144(2)(d), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
16In section 159(4), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
17In section 160(2), for "protected disclosure complaint" substitute "public interest complaint".
18In section 162(9), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
19In section 163—
(a)in subsection (2)(b), for "protected disclosure complaint" substitute "public interest complaint";
(b)in subsection (6), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012";
(c)in subsection (7)(a), for "protected disclosure complaint" substitute "public interest complaint".
20In section 165(9), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
21In the note at the foot of section 165, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
22In section 184(5)(b)(ii), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
PART B—VICTORIAN INSPECTORATE ACT 2011
Section 72
1In section 33(1)(c) and (d), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
2In the note at the foot of section 33(1), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
3In section 36(3), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
4In section 37(1)(a), (c) and (e), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
5In section 48A(4), for "protected disclosure complaint" substitute "public interest complaint".
6In section 60(1)(d)—
(a)for "protected disclosure complaint" substitute "public interest complaint";
(b)for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
7In the heading to section 61, for "protected disclosure complaint" substitute "public interest complaint".
8In section 61(a), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
9In section 70(2)(h), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
10In section 86(2), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
11In section 87(10), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
12In section 91(1)(d), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
13In section 91(13), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
14In the note at the foot of section 91, for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
15In section 92A(1)(b), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
PART C—OMBUDSMAN ACT 1973
Section 79
1In the heading to section 13AAA, for "protected disclosure complaints" substitute "public interest complaints".
2In section 13AAA—
(a)for "protected disclosure complaints" substitute "public interest complaints";
(b)for "protected disclosure entity" substitute "public interest disclosure entity".
3In section 13A—
(a)in subsection (1)(b), for "protected disclosure complaint" substitute "public interest complaint";
(b)in subsection (3), for "protected disclosure entity" substitute "public interest disclosure entity".
4In the heading to Division 1A of Part IV, for "Protected disclosure complaints" substitute "Public interest complaints".
5In the heading to section 15C, for "protected disclosure complaints" substitute "public interest complaints".
6In section 15C—
(a)for "protected disclosure complaint" substitute "public interest complaint";
(b)for "protected disclosure entity" substitute "public interest disclosure entity".
7In the heading to section 15D, for "protected disclosure complaints" substitute "public interest complaints".
8In section 15D—
(a)in subsection (1), for "protected disclosure complaint" substitute "public interest complaint";
(b)in subsection (2)—
(i)for "protected disclosure complaint" (where twice occurring) substitute "public interest complaint";
(ii)for "protected disclosure entity" (where first occurring) substitute "public interest disclosure entity";
(c)in subsection (2)(a), for "protected disclosure entity" (where twice occurring) substitute "public interest disclosure entity";
(d)in subsection (2)(b)—
(i)for "protected disclosure entity" (where twice occurring) substitute "public interest disclosure entity";
(ii)for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012";
(e)in subsection (3), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
9In the heading to section 15E, for "protected disclosure complaints" substitute "public interest complaints".
10In section 15E—
(a)in subsection (1), for "protected disclosure complaint" (where first occurring) substitute "public interest complaint";
(b)in subsection (1)(a), (b), (c) and (ca), for "protected disclosure complaint" substitute "public interest complaint";
(c)in subsection (1)(cb)—
(i)for "protected disclosure complaint" substitute "public interest complaint";
(ii)for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012";
(d)in subsection (1)(d), for "protected disclosure complaint" substitute "public interest complaint";
(e)in subsection (2), for "protected disclosure complaint" (where first and second occurring) substitute "public interest complaint";
(f)in subsection (2)(a), for "protected disclosure complaint" substitute "public interest complaint".
11In the heading to section 15F, for "protected disclosure complaint" substitute "public interest complaint".
12In section 15F, for "protected disclosure complaint" (wherever occurring) substitute "public interest complaint".
13In section 16B(1)(a) and (c), for "protected disclosure complaint" substitute "public interest complaint".
14In section 16F(2), for "relevant protected disclosure complaint" substitute "relevant public interest complaint".
15In section 16L(1A)(b)(ii), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
16In section 16M(2)(e)(ii), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
17In section 18(3), for "protected disclosure entity" substitute "public interest disclosure entity".
18In section 18C(1)(b), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
19In section 18E—
(a)in subsection (2)(d)(ii)—
(i)for "protected disclosure complaint" substitute "public interest complaint";
(ii)for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012";
(b)in subsection (2A), for "protected disclosure complaint" substitute "public interest complaint";
(c)in subsection (2A)(a), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
20In section 19(2), for "relevant protected disclosure complaint" substitute "relevant public interest complaint".
21In the heading to section 19A, for "relevant protected disclosure complaints" substitute "relevant public interest complaints".
22In section 19A, for "relevant protected disclosure complaint" substitute "relevant public interest complaint".
23In the heading to section 19B, for "relevant protected disclosure complaints" substitute "relevant public interest complaints".
24In section 19B, for "relevant protected disclosure complaint" substitute "relevant public interest complaint".
25In the heading to section 19D, for "relevant protected disclosure complaints" substitute "relevant public interest complaints".
26In section 19D, for "relevant protected disclosure complaint" substitute "relevant public interest complaint".
27In section 21—
(a)in subsection (1), for "relevant protected disclosure complaint" substitute "relevant public interest complaint";
(b)in subsection (2)—
(i)for "relevant protected disclosure complaint" substitute "relevant public interest complaint";
(ii)for "protected disclosure entity" substitute "public interest disclosure entity".
28In section 23—
(a)in subsection (2A), for "relevant protected disclosure complaint" (where twice occurring) substitute "relevant public interest complaint";
(b)in subsection (2A)(a)—
(i)in subparagraphs (i) and (ii), for "protected disclosure entity" substitute "public interest disclosure entity";
(ii)in subparagraph (iii), for "protected disclosure complaint" substitute "public interest complaint";
(c)in subsection (3)(a)(i), for "protected disclosure entity" substitute "public interest disclosure entity";
(d)in subsection (4), for "protected disclosure entity" substitute "public interest disclosure entity";
(e)in subsection (5)(c), for "relevant protected disclosure complaint" substitute "relevant public interest complaint";
(f)in subsection (6A)(b), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
29In the heading to section 23A, for "relevant protected disclosure complaints" substitute "relevant public interest complaints".
30In section 23A, for "relevant protected disclosure complaint" substitute "relevant public interest complaint".
31In the note at the foot of section 25(1), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
32In section 25A(1A)(b), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
33In section 25B(3)(b), for "protected disclosure entity" (wherever occurring) substitute "public interest disclosure entity".
34In section 26A(1)(ca) and (d), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
35In the note at the foot of section 26A(1), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
36In section 26H(2)(a), (b) and (c), for "protected disclosure complaint" substitute "public interest complaint".
37In section 27(3), for "protected disclosure entity" substitute "public interest disclosure entity".
38In section 29B(c), (d) and (e), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
39In Schedule 2, in item 11, for "protected disclosure entity" (where twice occurring) substitute "public interest disclosure entity".
PART D—VICTORIA POLICE ACT 2013
Section 89
1In the note at the foot of section 12(1), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
2In section 45—
(a)in paragraph (q), for "protected disclosure complaints" substitute "public interest complaints";
(b)in paragraph (w), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
3In section 169(1), for "protected disclosure complaint" substitute "public interest complaint".
4In section 176—
(a)in subsection (1), for "protected disclosure complaint" substitute "public interest complaint";
(b)in subsection (2)(a), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
5In section 177(1), for "protected disclosure complaint" substitute "public interest complaint".
6In section 179(3), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
7In the note at the foot of section 184(1), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
8In section 184(2)(c)(i) and (ii), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
9In section 186(3), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
10In section 187—
(a)in subsection (1), for "protected disclosure complaints" substitute "public interest complaints";
(b)in subsection (3)(a), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
11In section 188(1)(a), for "Protected Disclosure Act 2012" substitute "Public Interest Disclosures Act 2012".
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 19 December 2018
Legislative Council: 6 February 2019
The long title for the Bill for this Act was "A Bill for an Act to amend the Protected Disclosure Act 2012, the Independent Broad-based Anti-corruption Commission Act 2011, the Victorian Inspectorate Act 2011, the Public Interest Monitor Act 2011, the Ombudsman Act 1973 and the Parliamentary Committees Act 2003 and make consequential amendments to other Acts to make Victoria's integrity and accountability system clearer and more efficient and to otherwise improve its operation and for other purposes."
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