Integrity Oversight Victoria Act 2011 (Vic)

Version No. 050

Integrity Oversight Victoria Act 2011

No. 70 of 2011

Version incorporating amendments as at

13 May 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Public interest complaint taken to be complaint

5Objects of Act

6Act binds the Crown

7Investigation of conduct occurring before the commencement of this section

Part 2—Integrity Oversight Victoria

Division 1—Constitution and staff

8Establishment of Integrity Oversight Victoria

9Integrity Oversight Victoria is a body corporate

10Constitution of Integrity Oversight Victoria

11Functions of Integrity Oversight Victoria

12Powers of Integrity Oversight Victoria

12ASpecific powers in relation to the IBAC

13Specific powers in relation to the Public Interest Monitors

14Public Interest Monitor to give information and access despite other laws

15Delegation

16Integrity Oversight Victoria not subject to direction or control

17Independence of the Chief Integrity Inspector

18Appointment of the Chief Integrity Inspector

19Veto of proposed Chief Integrity Inspector

20Duties, functions and powers of the Chief Integrity Inspector

21Terms and conditions

21APension entitlements of Chief Integrity Inspector, partner and eligible children

21BSalary sacrifice

21CAppropriation of Consolidated Fund

22Vacancy and resignation

23Suspension and removal from office

24Declaration of inability to act

25Acting appointment

26Oath or affirmation of office

27Delegation

28Staff

29Consultants

30Oath or affirmation by staff and consultants

31Obligation on persons employed or engaged under section 28 or engaged under section 29

32Obligation to avoid actual or perceived conflicts of interest

Division 2—Disclosure by Integrity Oversight Victoria and Integrity Oversight Victoria Officers

33Unauthorised disclosures or provision of information

34Special provision applying in respect of function under section 11(2)(g)

35Special provisions applying in respect of functions under section 11(2)(i) and (j) and Major Crime (Investigative Powers) Act 2004

36Integrity Oversight Victoria may provide or disclose information for specified purposes

36ADisclosure of information by Integrity Oversight Victoria

36BDisclosure of findings in relation to Parliamentary Workplace Standards and Integrity Commissioners

37Restrictions on compelling production or disclosure

Division 3—Confidentiality notices

38Confidentiality notice

39Disclosure subject to confidentiality notice

Part 3—Matters to be reported to Integrity Oversight Victoria by the IBAC

40Coercive questioning

40AReview of notices etc. provided by the IBAC

Part 4—Matters to be reported to Integrity Oversight Victoria by the Auditor‑General

41Coercive questioning

41AReview of notices etc. provided by the Auditor-General

Part 5—Matters to be reported to Integrity Oversight Victoria by the Ombudsman

42Coercive questioning

42AAReview of notices etc. provided by the Ombudsman

Part 5A—Matters to be reported to Integrity Oversight Victoria by the Information Commissioner

42ACoercive questioning

Part 5B—Matters to be reported to Integrity Oversight Victoria by other persons and bodies

42BReview of notices etc. provided by the Chief Examiner

42CReview of notices etc. provided by the Information Commissioner

42DCoercive questioning by the Wage Inspectorate Victoria

42EReview of notices etc. provided by the Wage Inspectorate Victoria

42FReview of information provided by Parliamentary Workplace Standards and Integrity Commission

Part 6—Investigations and inquiries

Division 1—Investigations

43Complaints

43AForm of complaint

44Investigation of complaint

44AIntegrity Oversight Victoria may refuse to investigate certain public interest complaints

44BInvestigation of public interest complaint when other proceedings on foot

45Advice to person who made public interest complaint

46Own motion investigation

47Conduct of investigation

48Requirement to provide assistance

48AWithdrawal of complaint

Division 1A—Preliminary inquiries

48BIntegrity Oversight Victoria may conduct preliminary inquiry

48CIntegrity Oversight Victoria may conduct a preliminary inquiry in relation to an own motion investigation

48DDivisions 2 and 3 do not apply

48EPersons to provide assistance

Division 2—Inquiries

49Power to hold inquiry

50Conduct of inquiry

51Examination must be held in private

52Integrity Oversight Victoria may give directions or order

53Witness summons

54Content and form of witness summons

55Witness summons directed to person under 16 years

56Service of witness summons

57Supreme Court may order service by other means

57AWitness already held in custody

58Legal representation of witnesses and other persons

59Specific provisions relating to witnesses

60Actions to be taken before questioning of a witness or requiring production of a document or other thing

61Witness attending examination in relation to investigation of public interest complaint to be informed of confidentiality obligations

62Power to examine on oath or affirmation

63Powers of entry, inspection and seizure

64Offence for summoned witness to fail to attend examination

65Offence for summoned witness to refuse or fail to answer question

66Offence for summoned witness to fail to produce document or other thing

67Offence to fail to take oath or make affirmation

67AAct applies equally to attendance in person or by audio visual link or audio link

Division 3—Privileges and secrecy provisions applying to inquiries

68Privileges and secrecy generally

69Journalist privilege does not apply

70Privilege against self-incrimination abrogated—witness summons

71Protection of legal practitioners and witnesses

Division 4—Contempt

72Contempt of Integrity Oversight Victoria

73Charging and arresting a person for contempt

74Bail pending court appearance for contempt

75Custody pending court appearance for contempt

76Supreme Court to deal with contempt

77Act or omission constituting both an offence and contempt

Part 7—Recommendations and reports

Division 1—Recommendations and action on completion of investigation

78Recommendation to IBAC

79Recommendation for further action in respect of IBAC personnel

80Recommendation to the Auditor-General

81Recommendation for further action in respect of VAGO officers

82Recommendation to the Ombudsman

83Recommendation for further action in respect of Ombudsman officers

83ARecommendation to Parliamentary Workplace Standards and Integrity Commission

83BRecommendation for further action in respect of Parliamentary Workplace Standards and Integrity Commission officers

84Recommendation to the Chief Examiner

85Recommendation for further action

85ARecommendation to the Information Commissioner

85BRecommendation for further action in respect of officers of the Office of the Victorian Information Commissioner

85CRecommendation to the Judicial Commission

85DRecommendations in relation to a Public Interest Monitor

85ERecommendation for further action in respect of a Public Interest Monitor

85FRecommendations in relation to the Wage Inspectorate Victoria

85GRecommendation for further action in respect of Wage Inspectorate Victoria officers

86Recommendations must not include information likely to identify person who makes an assessable disclosure

86ARecommendations relating to Public Interest Monitor must not include certain information

87Special reports

87AAdvance copy of report to Parliament

88Advice to a complainant and other persons

89Outcome of investigation

90Powers of Integrity Oversight Victoria after investigation

Division 2—Budget, annual plan and performance audit

90ABudget

90BAnnual plan

90CTransmission of annual plan to Parliament

90DIndependent performance audit

90EReport of independent performance auditor

91Matters to be included in annual report

Division 3—Miscellaneous

92Persons who receive reports or information prior to publication

Part 8—General

Division 1—Miscellaneous

92AComplaints etc. by detained person

93Immunity

94Offence to impersonate an Integrity Oversight Victoria Officer

95Offence to hinder or obstruct an Integrity Oversight Victoria Officer

96Compliance with direction or requirement

97Statement which is false or misleading

97AAOffence to disclose certain advice or information received from Integrity Oversight Victoria

97ACriminal liability of officers of bodies corporate—accessorial liability

97BMaximum fine for body corporate

98Responsible agency for the Crown

99Proceedings against successors to public bodies

100Power to bring proceedings

101Validity and effect of notices, orders and other documents and deemed service

102Exemption from Freedom of Information Act 1982

103Regulations

104Regulations—specific matters

106Schedule

Division 2—Saving and transitional provisions arising from Victorian Inspectorate name change

107Definition for this Division

108Operation of Interpretation of Legislation Act 1984

109Construction of references

110Saving provision—Victorian Inspectorate

111Saving provision—Inspector

Schedule

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 050

Integrity Oversight Victoria Act 2011

No. 70 of 2011

Version incorporating amendments as at

13 May 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY[1]

1Purpose

The purpose of this Act is to establish Integrity Oversight Victoria to provide oversight of other integrity, accountability or investigatory bodies or officers, including the Independent Broad-based Anti-corruption Commission and to monitor compliance by a Public Interest Monitor with the prescribed obligations.

2Commencement

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

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

3Definitions

(1)In this Act—

arrest warrant means an arrest warrant issued under section 73(1)(b);

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

audit has the meaning given in section 3(1) of the Audit Act 1994;

Auditor-General has the meaning given in section 3(1) of the Audit Act 1994;

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

certificate of charge means a certificate of charge issued under section 73(1)(a);

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

Chief Examiner means the Chief Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004;

Chief Integrity Inspector means the person appointed under section 18;

coercive power means—

(a)in relation to a VAGO officer, any power of the Auditor-General or another VAGO officer under sections 30 and 43 of the Audit Act 1994;

(b)in relation to an Ombudsman officer—any power of the Ombudsman or a member of the Ombudsman staff under Division 3 of Part IV of the Ombudsman Act 1973; or

(c)in relation to the Chief Examiner or an Examiner—

(i)the power of the Chief Examiner to issue a witness summons under section 15 of the Major Crime (Investigative Powers) Act 2004;

(ii)the power of the Chief Examiner to make an order under section 18 of the Major Crime (Investigative Powers) Act 2004;

(iii)the power under section 35A of the Major Crime (Investigative Powers) Act 2004;

(iv)the power to require the production of documents or the giving of evidence at an examination under Part 4 of the Major Crime (Investigative Powers) Act 2004;

(d)in relation to an officer of the Office of the Victorian Information Commissioner—

(i)the power to issue a notice under sections 49KB, 61I(4) and 61P(2) of the Freedom of Information Act 1982, including the power to vary or revoke the notice under section 61V of that Act; or

(ii)the power to issue a notice under section 68 or 79 of the Privacy and Data Protection Act 2014, including the power to vary or revoke the notice under section 83B of that Act;

(da)in relation to the Judicial Commission, the power of the Judicial Commission to require the officer concerned to undergo a medical examination under section 29 of the Judicial Commission of Victoria Act 2016;

(e)in relation to an investigating panel—

(i)the power of an investigating panel to require the officer concerned to undergo a medical examination under section 57 of the Judicial Commission of Victoria Act 2016; or

(ii)the power of an investigating panel to require the production of any document or thing under section 69 of the Judicial Commission of Victoria Act 2016; or

(iii)the power of an investigating panel to issue a witness summons under section 70 of the Judicial Commission of Victoria Act 2016; or

(iv)the power of a member of an investigating panel to examine a person under oath or affirmation under section 78 of the Judicial Commission of Victoria Act 2016; or

(v)the power to apply for a search warrant under section 84 of the Judicial Commission of Victoria Act 2016;

(f)in relation to the Wage Inspectorate Victoria or a Wage Inspectorate Victoria officer, any power of the Wage Inspectorate Victoria or a Wage Inspectorate Victoria officer under Part 4 of the Wage Theft Act 2020;

Commissioner has the same meaning as it has in section 3 of the Independent Broad-based Anti-corruption Commission Act 2011;

Commissioner of the Wage Inspectorate Victoria means the Commissioner of the Wage Inspectorate Victoria appointed under section 25(2) of the Wage Theft Act 2020;

confidentiality notice means a notice issued by Integrity Oversight Victoria under section 38(1);

Deputy Commissioner has the same meaning as it has in section 3 of the Independent Broad-based Anti-corruption Commission Act 2011;

detained person means—

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

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

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

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

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

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

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

disciplinary process or action means in relation to a person's employment or appointment as a public sector employee or a member of Victoria Police personnel—

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

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

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

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

domestic partner of a person means—

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

Note

A registered relationship is defined in subsection (2).

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

Examiner means an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004;

IBAC has the same meaning as it has in section 3 of the Independent Broad-based Anti-corruption Commission Act 2011;

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IBAC Officer has the same meaning as it has in section 3 of the Independent Broad-based Anti-corruption Commission Act 2011;

IBAC personnel means—

(a)an IBAC Officer;

(b)a person who was formerly an IBAC Officer;

Information Commissioner means the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982;

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

Integrity Oversight Victoria means the body established by section 8(1);

Integrity Oversight Victoria Officer means—

(a)the Chief Integrity Inspector; or

(b)a member of staff of Integrity Oversight Victoria; or

(c)a person engaged by Integrity Oversight Victoria to provide Integrity Oversight Victoria with services, information or advice;

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

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

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

office of the Ombudsman has the meaning given in section 2(1) of the Ombudsman Act 1973;

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Office of the Victorian Information Commissioner means the Office of the Victorian Information Commissioner established under section 6B of the Freedom of Information Act 1982;

officer of the Office of the Victorian Information Commissioner means—

(a)the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982; and

(b)the Public Access Deputy Commissioner; and

(c)the Privacy and Data Protection Deputy Commissioner; and

(d)a person referred to in section 6Q of the Freedom of Information Act 1982;

Ombudsman officer has the meaning given in section 2(1) of the Ombudsman Act 1973;

Ombudsman premises has the meaning given in section 2(1) of the Ombudsman Act 1973;

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

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

Parliamentary Workplace Standards and Integrity Commission officer means a person who is or was—

(a)a Parliamentary Workplace Standards and Integrity Commissioner; or

(b)a Commission officer within the meaning of section 3(1) of the Parliamentary Workplace Standards and Integrity Act 2024;

Parliamentary Workplace Standards and Integrity Commission premises means any premises or part of premises occupied by the Parliamentary Workplace Standards and Integrity Commission, other than residential premises;

Parliamentary Workplace Standards and Integrity Commissioner means a commissioner as defined by section 3(1) of the Parliamentary Workplace Standards and Integrity Act 2024;

person in charge, in relation to a detained person, means the person who is in charge of the place or institution where the person is a detained person;

*                *                *                *                *

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

Note

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

*                *                *                *                *

police personnel misconduct has the meaning given by section 5 of the Independent Broad-based Anti-corruption Commission Act 2011;

police personnel premises has the same meaning as it has in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011;

premises of the Chief Examiner includes any premises of an Examiner but does not include any residential premises;

prescribed obligations means—

(a)the requirement under section 3D(4) of the Major Crime (Investigative Powers) Act 2004;

(b)the requirement under section 12D(3) of the Surveillance Devices Act 1999;

(c)the requirement under section 4D(3) of the Telecommunications (Interception) (State Provisions) Act 1988;

(ca)the requirement under section 4J(3) of the Telecommunications (Interception) (State Provisions) Act 1988;

(d)the requirement under section 4F(4) or 4N of the Terrorism (Community Protection) Act 2003;

(e)any requirement under the regulations made under the Public Interest Monitor Act 2011 relating to the transmission, disposal and storage of documents or information that a Public Interest Monitor receives in performing his or her functions;

(f)the requirement that applies to the Public Interest Monitor under section 20N of the Witness Protection Act 1991;

(g)any requirement under the regulations made under the Witness Protection Act 1991 relating to the transmission, disposal and storage of documents or information that the Public Interest Monitor receives in performing the functions of the Public Interest Monitor under that Act;

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

Privacy and Data Protection Deputy Commissioner means the Privacy and Data Protection Deputy Commissioner appointed under section 8H of the Privacy and Data Protection Act 2014;

privilege means—

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

(b)public interest immunity;

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

Public Access Deputy Commissioner means the Public Access Deputy Commissioner appointed under section 6D of the Freedom of Information Act 1982;

public body has the meaning given by section 6 of the Independent Broad-based Anti-corruption Commission Act 2011 and includes the IBAC;

public interest complaint means—

(a)a disclosure that Integrity Oversight Victoria has determined under section 31 of the Public Interest Disclosures Act 2012 to be a public interest complaint; or

(b)a disclosure that the IBAC has determined under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint and that is referred to Integrity Oversight Victoria by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011;

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

public sector employee has the same meaning as it has in section 4(1) of the Public Administration Act 2004;

relevant principal officer has the same meaning as it has in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011 and, in the case of the IBAC, means the Commissioner of the IBAC;

relevant records means records in the possession of a Public Interest Monitor which are relevant for the purpose of enabling Integrity Oversight Victoria to monitor compliance of the Public Interest Monitor with the prescribed obligations;

restricted matter means—

(a)any evidence given to Integrity Oversight Victoria;

(b)the contents of any document, or a description of any thing, produced to Integrity Oversight Victoria;

(c)the contents of any document, or a description of any thing, which Integrity Oversight Victoria has obtained, made a copy of or seized under section 47 or 63;

(d)the existence of, or any information about, a confidentiality notice or a witness summons;

(e)the subject matter of an investigation in relation to which a witness summons has been issued;

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

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

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

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

*                *                *                *                *

spouse of a person means a person to whom the person is married;

VAGO officer has the meaning given in section 3(1) of the Audit Act 1994;

VAGO premises has the meaning given in section 3(1) of the Audit Act 1994;

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

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

Victorian Auditor-General's Office has the meaning given in section 3(1) of the Audit Act 1994;

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Wage Inspectorate Victoria has the same meaning as in the Wage Theft Act 2020;

Wage Inspectorate Victoria officer means the following—

(a)the Commissioner of the Wage Inspectorate Victoria;

(b)an inspector appointed under section 33 of the Wage Theft Act 2020;

(c)a person referred to in section 23(1) of the Wage Theft Act 2020;

witness summons means a witness summons issued under section 53(1).

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as it has in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

4Public interest complaint taken to be complaint

For the purposes of this Act—

(a)a public interest complaint that would not otherwise constitute a complaint is taken to be a complaint under section 43; and

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

5Objects of Act

The objects of this Act are to—

(a)enhance the compliance of the IBAC and IBAC personnel with the Independent Broad-based Anti-corruption Commission Act 2011 and other laws; and

(b)assist in improving the capacity of the IBAC and IBAC personnel in the performance of their duties and functions and the exercise of their powers; and

(c)monitor compliance by a Public Interest Monitor with the prescribed obligations; and

(d)provide for the independent oversight of VAGO officers; and

(e)provide for the independent oversight of Ombudsman officers; and

(ea)provide for the independent oversight of the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers; and

(f)provide for the independent oversight of the Chief Examiner and Examiners; and

(g)provide for the independent oversight of officers of the Office of the Victorian Information Commissioner; and

(h)monitor the use of coercive powers under the Judicial Commission of Victoria Act 2016; and

(i)monitor the use of coercive powers by the Wage Inspectorate Victoria and Wage Inspectorate Victoria officers.

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6Act binds the Crown

(1)This Act binds the Crown—

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

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

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

7Investigation of conduct occurring before the commencement of this section

This Act applies to and in respect of conduct all or part of which occurred at any time during the period of 12 months before the commencement of this section, if the conduct—

(a)is the conduct of any VAGO officer or any Ombudsman officer (whether or not still an officer) who would have been subject to this Act had this section been in force at the time the conduct occurred; and

(b)would have been conduct of a kind which Integrity Oversight Victoria could have investigated had this section been in force at the time the conduct occurred, whether—

(i)on a complaint to Integrity Oversight Victoria under section 43(3) or (5); or

(ii)on its own motion under section 46(2) or (3).

PART 2—INTEGRITY OVERSIGHT VICTORIA

Division 1—Constitution and staff

8Establishment of Integrity Oversight Victoria

(1)Integrity Oversight Victoria is established.

(2)Integrity Oversight Victoria does not represent the Crown.

9Integrity Oversight Victoria is a body corporate

(1)Integrity Oversight Victoria—

(a)is a body corporate with perpetual succession;

(b)has an official seal;

(c)may sue and be sued;

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

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

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

(3)The official seal of Integrity Oversight Victoria must—

(a)be kept in such custody as Integrity Oversight Victoria determines; and

(b)not be used except as authorised by Integrity Oversight Victoria.

Note

Integrity Oversight Victoria is a special body under section 6(1) of the Public Administration Act 2004.

10Constitution of Integrity Oversight Victoria

Integrity Oversight Victoria consists of one Chief Integrity Inspector appointed by the Governor in Council in accordance with section 18.

11Functions of Integrity Oversight Victoria

(1)Integrity Oversight Victoria has the functions conferred on Integrity Oversight Victoria under this Act or any other Act.

(2)Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions—

(a)to monitor the compliance of the IBAC and IBAC personnel with the Independent Broad-based Anti-corruption Commission Act 2011 and other laws;

(b)to oversee the performance by the IBAC of its functions under the Public Interest Disclosures Act 2012;

(c)to assess the effectiveness and appropriateness of the policies and procedures of the IBAC which relate to the legality and propriety of IBAC's activities;

(d)to receive complaints in accordance with this Act about the conduct of the IBAC and IBAC personnel;

(e)to investigate and assess the conduct of the IBAC and IBAC personnel in the performance or exercise or purported performance or purported exercise of their duties, functions and powers;

(f)to monitor the interaction between the IBAC and other integrity bodies to ensure compliance with relevant laws;

(g)to inspect and audit relevant records kept by the Public Interest Monitor under—

(i)the Public Interest Monitor Act 2011; and

(ii)the Witness Protection Act 1991—

for the purpose of monitoring compliance with the prescribed obligations;

(h)to report to the Minister and the Parliament on the results of the performance of its function under paragraph (g);

(i)to receive complaints in accordance with this Act about the conduct of the Chief Examiner or any Examiner;

Note

See also Part 5 of the Major Crime (Investigative Powers) Act 2004.

(j)to investigate and assess, in accordance with this Act, the conduct of the Chief Examiner or any Examiner;

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

(3)Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions in respect of VAGO officers—

(a)to monitor—

(i)the exercise of coercive powers by VAGO officers; and

(ii)compliance by VAGO officers with sections 30, 31, 32, 33, 34, 35, 36, 37, 39, 43, 44, 45, 46, 50(1) and 51 of the Audit Act 1994;

(b)to receive complaints in accordance with this Act about the conduct of VAGO officers;

(c)to investigate and assess, in accordance with this Act, the conduct of VAGO officers;

(d)to report on, and make recommendations as a result of, the performance of its functions under paragraphs (a) to (c).

(4)Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions in respect of Ombudsman officers—

(a)to monitor—

(i)the exercise of coercive powers by Ombudsman officers; and

(ii)compliance by Ombudsman officers with procedural fairness requirements in the performance of functions under the Ombudsman Act 1973 or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the Ombudsman Act 1973 or any other Act;

(b)to receive complaints in accordance with this Act about the conduct of Ombudsman officers;

(c)to investigate and assess in accordance with this Act the conduct of Ombudsman officers;

(d)to report on, and make recommendations as a result of, the performance of its functions under paragraphs (a) to (c).

(4A)Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions in respect of the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers—

(a)to monitor—

(i)the issuing, variation or withdrawal of investigation requests under the Parliamentary Workplace Standards and Integrity Act 2024; and

(ii)the issuing, variation or cancellation of confidentiality notices under that Act; and

(iii)compliance by the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers with procedural fairness requirements in the performance of functions under that Act or any other Act, including in the conduct of investigations and the making of reports and recommendations under that Act or any other Act;

(b)to receive complaints in accordance with this Act about the conduct of the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers;

(c)to investigate and assess in accordance with this Act the conduct of the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers;

(d)to report on, and make recommendations as a result of, the performance of its functions under paragraphs (a) to (c).

(5)Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions in respect of officers of the Office of the Victorian Information Commissioner—

(a)to monitor—

(i)the exercise of coercive powers by officers of the Office of the Victorian Information Commissioner; and

(ii)whether procedural fairness requirements have been complied with by officers of the Office of the Victorian Information Commissioner in—

(A)the exercise, or purported exercise, of coercive powers under the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014; and

(B)the conduct of investigations under Part VIB of the Freedom of Information Act 1982; and

(C)the making of recommendations under section 61L of the Freedom of Information Act 1982; and

(D)the making of investigation reports under section 61Q of the Freedom of Information Act 1982; and

(E)the making of compliance notices under Part 3 of the Privacy and Data Protection Act 2014;

*                *                *                *                *

(b)to receive complaints in accordance with this Act about the conduct of officers of the Office of the Victorian Information Commissioner;

(c)to investigate and assess in accordance with this Act the conduct of officers of the Office of the Victorian Information Commissioner;

(d)to report on, and make recommendations as a result of, the performance of its functions under paragraphs (a) to (c).

(6)Without limiting the generality of subsection (1), Integrity Oversight Victoria has the function in respect of the Judicial Commission to monitor the use of coercive powers under the Judicial Commission of Victoria Act 2016.

(7)Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions in respect of the Wage Inspectorate Victoria and Wage Inspectorate Victoria officers—

(a)to monitor the exercise of coercive powers by the Wage Inspectorate Victoria and Wage Inspectorate Victoria officers;

(b)to investigate and assess, in accordance with this Act, the conduct of the Wage Inspectorate Victoria and Wage Inspectorate Victoria officers in the performance or exercise or purported performance or purported exercise of coercive powers;

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

*                *                *                *                *

Note

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

12Powers of Integrity Oversight Victoria

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

12ASpecific powers in relation to the IBAC

(1)Without derogating from the generality of section 12, Integrity Oversight Victoria has the duties and powers specified in this section for the purposes of performing the functions specified in section 11(2)(a), (b), (c) and (f).

(2)For the purposes of performing the functions specified in subsection (1), Integrity Oversight Victoria—

(a)is entitled to have full and free access to all relevant records of the IBAC; and

(b)despite any other law, is entitled to make copies of, and to take extracts from, relevant records of the IBAC; and

(c)may require the IBAC or any IBAC personnel to give Integrity Oversight Victoria any information in the possession or control of the IBAC that Integrity Oversight Victoria considers on reasonable grounds is relevant to the performance of those functions; and

(d)may require in writing any IBAC personnel to attend at the office of Integrity Oversight Victoria for the purpose of giving to Integrity Oversight Victoria any information or document required by Integrity Oversight Victoria which Integrity Oversight Victoria considers on reasonable grounds is relevant to the performance of those functions.

(2A)A requirement under subsection (2)(d) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.

(2B)A requirement under subsection (2)(d) that provides for attendance as described in subsection (2A)—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.

(3)The IBAC must provide, and ensure that IBAC personnel provide, to Integrity Oversight Victoria any assistance in connection with the performance of the functions specified in subsection (1) that Integrity Oversight Victoria reasonably requires.

13Specific powers in relation to the Public Interest Monitors

(1)Without derogating from the generality of section 12, Integrity Oversight Victoria has the duties and powers specified in this section for the purposes of performing the functions specified in section 11(2)(g) and (h).

(2)Integrity Oversight Victoria must inspect relevant records of each Public Interest Monitor at least once each financial year in order to ascertain the extent to which each of the Public Interest Monitors has complied with the prescribed obligations.

(3)Integrity Oversight Victoria may, after notifying in writing a Public Interest Monitor, inspect relevant records of the Public Interest Monitor in order to ascertain the extent to which the Public Interest Monitor has complied with the prescribed obligations.

(4)For the purposes of an inspection under this section, Integrity Oversight Victoria—

(a)may, after notifying in writing a Public Interest Monitor, enter at any reasonable time of which Integrity Oversight Victoria has given notice, premises occupied by the Public Interest Monitor in his or her capacity as a Public Interest Monitor; and

(b)is entitled to have full and free access to all relevant records of the Public Interest Monitor; and

(c)despite any other law, is entitled to make copies of, and to take extracts from, relevant records of the Public Interest Monitor; and

(d)may require the Public Interest Monitor to give Integrity Oversight Victoria any information in the possession or control of the Public Interest Monitor that Integrity Oversight Victoria considers on reasonable grounds is relevant to the inspection.

(5)A Public Interest Monitor must provide to Integrity Oversight Victoria any assistance in connection with the exercise of Integrity Oversight Victoria's functions under section 11(2)(g) and (h) that Integrity Oversight Victoria reasonably requires.

(6)Integrity Oversight Victoria may require in writing a Public Interest Monitor to attend at the office of Integrity Oversight Victoria at a specified date and time for the purpose of giving any document or information required by Integrity Oversight Victoria which Integrity Oversight Victoria considers is relevant to the exercise of Integrity Oversight Victoria's functions under section 11(2)(g) or (h).

(6A)A requirement under subsection (6) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.

(6B)A requirement under subsection (6) that provides for attendance as described in subsection (6A)—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.

(7)Integrity Oversight Victoria must, as soon as practicable but not later than 3 months after conducting inspections for the purposes of subsection (2) or (3), report to the Minister on the results of the inspections.

(8)Subject to subsection (10), if, as a result of an inspection under this section of the relevant records of a Public Interest Monitor, Integrity Oversight Victoria is of the opinion that the Public Interest Monitor has contravened a prescribed obligation, Integrity Oversight Victoria may include in its report to the Minister under subsection (7) or (9) on the inspection, a report on the contravention.

(9)Integrity Oversight Victoria may provide a report to the Minister at any time on any matter relating to the performance of its function under section 11(2)(g).

(10)A report for the purposes of subsection (7) or (9) must not contain information that—

(a)discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or

(b)indicates that a particular investigation has been, is being, or is to be, conducted.

(10A)A report for the purposes of subsection (7) or (9) that relates to the functions of the Public Interest Monitor under the Witness Protection Act 1991 must not include any information that would—

(a)prejudice a criminal investigation, criminal proceeding or other legal proceeding of which Integrity Oversight Victoria is aware; or

(b)compromise the operational activities or methodologies of Victoria Police or of any authority or body referred to in the definition of approved authority in section 3(1) of the Witness Protection Act 1991; or

(c)disclose information about the identity or location, or compromise the security, of a person—

(i)who is or has been included in the Victorian witness protection program, within the meaning of the Witness Protection Act 1991; or

(ii)to whom alternative protection arrangements, within the meaning of the Witness Protection Act 1991, are being or have been provided.

(11)Integrity Oversight Victoria may—

(a)make a special report under section 87 on any matter relating to the performance of its function under section 11(2)(g);

(b)include in its annual report under section 91 information relating to the performance

of its function under section 11(2)(g) in accordance with section 91(1)(a) and (b).

(12)In this section—

investigation means an investigation referred to in section 19(4) of the Public Interest Monitor Act 2011;

law enforcement agency means a law enforcement agency within the meaning of section 19(5) of the Public Interest Monitor Act 2011;

relevant application has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011.

14Public Interest Monitor to give information and access despite other laws

(1)Despite any other law, a Public Interest Monitor is not excused from giving information, answering a question, or giving access to a document, as and when required by or under section 13, on the ground that giving the information, answering the question, or giving access to the document, as the case may be, would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty but—

(a)the information, the answer, or the fact that the person has so given access to the document, as the case may be; and

(b)any information or thing (including a document) obtained as a direct consequence of giving the first-mentioned information, answering the question or giving access to the first-mentioned document, as the case may be—

is not admissible in evidence against the person except in proceedings for an offence under this Act.

(2)Nothing in any other law prevents a Public Interest Monitor from—

(a)giving information to an Integrity Oversight Victoria Officer (whether orally or in writing and whether or not in answer to a question); or

(b)giving to an Integrity Oversight Victoria Officer access to a relevant record—

for the purposes of an inspection under section 13.

(3)Nothing in any other law prevents a Public Interest Monitor from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (2).

15Delegation

(1)Integrity Oversight Victoria by instrument may delegate to the Chief Integrity Inspector any duty, function or power of Integrity Oversight Victoria under this Act or any other Act or the regulations under this Act other than this power of delegation.

(2)A delegation under this section to a former judge of the Supreme Court or the County Court or a former Chief Magistrate does not affect any pension or other rights or privileges that the person has as a former judge or Chief Magistrate.

16Integrity Oversight Victoria not subject to direction or control

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

17Independence of the Chief Integrity Inspector

(1)The Chief Integrity Inspector is an independent officer of the Parliament.

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

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

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

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

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

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

18Appointment of the Chief Integrity Inspector

(1)Subject to section 19, the Governor in Council on the recommendation of the Minister may by instrument appoint an eligible person to be the Chief Integrity Inspector.

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

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

(i)the High Court; or

(ii)the Federal Court; or

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

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

(c)is not, and has not been, a Commissioner, Acting Commissioner, Deputy Commissioner, or Acting Deputy Commissioner, of the IBAC.

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

19Veto of proposed Chief Integrity Inspector

(1)Subject to subsection (4), the Minister must not make a recommendation under section 18 unless—

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

(b)either—

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

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

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

(3)The Integrity and Oversight Committee—

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

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

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

20Duties, functions and powers of the Chief Integrity Inspector

The Chief Integrity Inspector—

(a)constitutes Integrity Oversight Victoria under section 10;

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

(c)is the public service body Head of Integrity Oversight Victoria for the purposes of section 16 of the Public Administration Act 2004.

(d)has the duties, functions and powers delegated to the Chief Integrity Inspector by Integrity Oversight Victoria;

(e)has any other duties, functions and powers conferred on the Chief Integrity Inspector under this Act or any other Act.

21Terms and conditions

(1)The Chief Integrity Inspector holds office for the period not exceeding 5 years as is specified in the instrument of appointment.

(2)The Chief Integrity Inspector is eligible to be re-appointed.

(3)Subject to this section, the Chief Integrity Inspector is appointed on a full-time or part-time basis on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.

(4)The remuneration of the Chief Integrity Inspector cannot be reduced during his or her term of office unless he or she consents to the reduction.

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

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

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

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

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

(10)The Chief Integrity Inspector must not engage in any employment, business or community activity outside Integrity Oversight Victoria that may create an actual or perceived conflict of interest with his or her role as the Chief Integrity Inspector.

(11)Without limiting the generality of subsection (10), the Chief Integrity Inspector must not enter into a contract by which he or she is to provide services or provide services under any contract if the provision of services may create an actual or perceived conflict of interest with his or her role as the Chief Integrity Inspector.

(12)In addition to subsection (10), the Chief Integrity Inspector must not, without the approval of the Governor in Council—

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

Note

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

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

(c)accept any other employment.

(13)The Public Administration Act 2004 does not apply to the Chief Integrity Inspector in respect of the office of Chief Integrity Inspector as such except for the purposes of section 16 of that Act.

21APension entitlements of Chief Integrity Inspector, partner and eligible children

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

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

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

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

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

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

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

(a)the partner's death; or

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

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

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

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

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

(b)who—

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

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

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

(8)For the purposes of this section—

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

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

(ii)"Judge" or "Judge of the Court" were a reference to the Chief Integrity Inspector; and

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

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

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

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

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

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

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

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

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

Example

Accepting a judicial appointment, holding any office or place of profit under the Crown in right of the Commonwealth or of a State or engaging in legal practice:

see section 83(4) of the Constitution Act 1975.

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

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

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

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

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

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

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

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

(13)The amendments made to this section in relation to the change of title of the Inspector by the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 do not affect the operation of this section in relation to entitlements of a pension of any Inspector, or any partner or child of an Inspector, who vacated office before those amendments commenced.

21BSalary sacrifice

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

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

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

(b)a later date.

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

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

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

(b)a later date.

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

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

21CAppropriation of Consolidated Fund

All pensions under section 21A and any payments in connection with those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly.

22Vacancy and resignation

(1)The Chief Integrity Inspector ceases to hold office if he or she—

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

(b)becomes an insolvent under administration; or

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

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

(e)is appointed to a judicial office; or

(f)is appointed as Commissioner, Acting Commissioner, Deputy Commissioner or Acting Deputy Commissioner, of the IBAC; or

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

(2)The Chief Integrity Inspector ceases to hold office if he or she is removed from office under section 23.

23Suspension and removal from office

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

(a)misconduct;

(b)neglect of duty;

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

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

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

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

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

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

24Declaration of inability to act

The Chief Integrity Inspector may declare himself or herself unable to act in respect of a particular matter by reason of an actual or perceived conflict of interest.

25Acting appointment

(1)The Governor in Council may on the recommendation of the Minister appoint a person to act in the office of Chief Integrity Inspector during—

(a)any vacancy in the office of the Chief Integrity Inspector; or

(b)any period when the person holding the office—

(i)is absent from duty; or

(ii)is for any other reason unable to perform the duties of the office.

(2)Subject to this section, a person appointed under subsection (1) can be appointed for a period not exceeding 6 months.

(3)An acting appointment or acting appointments in respect of each vacancy referred to in subsection (1)(a) or each period referred to in subsection (1)(b) must not exceed a total of 6 months in duration.

(4)A vacancy in the office of the Chief Integrity Inspector must be filled by a person appointed in accordance with section 18 within the period of 6 months after the vacancy occurred.

(5)The Governor in Council may at any time remove a person acting in the office of the Chief Integrity Inspector from the office.

(6)While a person is acting in the office of Chief Integrity Inspector the person—

(a)has and may exercise all the powers, and must perform all the functions and duties, of that office; and

(b)is entitled to be paid the remuneration and allowances which the Chief Integrity Inspector would have been entitled to.

26Oath or affirmation of office

(1)Before a person appointed to be the Chief Integrity Inspector or to act in the office of the Chief Integrity Inspector assumes the office, he or she must have taken an oath or made an affirmation that he or she—

(a)will faithfully and impartially perform the duties and functions and exercise the powers of the office; and

(b)will not disclose, except as authorised or required by law, any information received in the performance of the duties and functions or the exercise of the powers of the office.

(2)The oath or affirmation is to be administered by the Speaker of the Legislative Assembly.

27Delegation

(1)The Chief Integrity Inspector by instrument may delegate to a member of staff employed or engaged under section 28 or a person engaged as a consultant under section 29 any duty, function or power of the Chief Integrity Inspector under this Act (including any duty, function or power delegated to the Chief Integrity Inspector under section 15(1)) or any other Act other than, unless subsection (2) applies, the following—

(a)this power of delegation; or

(b)the power to decide to inspect the relevant records of a Public Interest Monitor under section 13(3); or

(c)the power to issue a confidentiality notice under section 38(1); or

(d)the power to issue a notice cancelling a confidentiality notice under section 38(3), (4) or (5); or

(e)the power to apply for an order to extend a confidentiality notice under section 38(7); or

(f)the power to decide to hold an inquiry under section 49; or

(g)the power to direct a witness not to seek legal advice or representation in relation to a witness summons from a specified Australian legal practitioner under section 58(2); or

(h)the power to direct a witness not to seek legal advice or representation in relation to a proposed report or draft or part of a proposed report or information contained in a report or a confidentiality notice from a specified Australian legal practitioner under section 58(8); or

(i)the power to authorise an Integrity Oversight Victoria Officer to enter IBAC premises under section 63(1); or

(j)the power to authorise an Integrity Oversight Victoria Officer to enter VAGO premises under section 63(3); or

(k)the power to authorise an Integrity Oversight Victoria Officer to enter Ombudsman premises under section 63(5); or

(ka)the power to authorise an Integrity Oversight Victoria Officer to enter Parliamentary Workplace Standards and Integrity Commission premises under section 63(6A); or

(l)the power to authorise an Integrity Oversight Victoria Officer to enter premises of the Chief Examiner under section 63(7); or

(la)the power to authorise an Integrity Oversight Victoria Officer to enter premises of the Office of the Victorian Information Commissioner under section 63(9); or

(lb)the power to authorise an Integrity Oversight Victoria Officer to enter premises of the Wage Inspectorate Victoria under section 63(11); or

*                *                *                *                *

(m)the power to issue a certificate of charge and an arrest warrant under section 73(1); or

(n)the power to direct that a person be detained in a prison or a police gaol for the purpose of ensuring his or her appearance before the Supreme Court under section 75(1); or

(o)the duty or power to make a report under section 87 or 91; or

(p)the power to authorise the bringing of proceedings for an offence under this Act or the regulations under section 100.

(2)If the Chief Integrity Inspector makes a declaration under section 24 in respect of any matter, the Chief Integrity Inspector may delegate under subsection (1) to any Integrity Oversight Victoria Officer who would be qualified under section 18 to be appointed as the Chief Integrity Inspector any duty, function or power of the Chief Integrity Inspector under this Act (including any duty, function or power delegated to the Chief Integrity Inspector under section 15(1)) or any other Act which is necessary to enable that matter to be dealt with.

(3)A delegation under this section to a former judge of the Supreme Court or the County Court or a former Chief Magistrate does not affect any pension or other rights or privileges that the person has as a former judge or Chief Magistrate.

Note

See also section 20C of Telecommunications (Interception) (State Provisions) Act 1988 which provides that Integrity Oversight Victoria may delegate certain functions under that Act to an inspecting officer.

28Staff

(1)Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.

(2)Integrity Oversight Victoria may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body.

29Consultants

(1)Integrity Oversight Victoria may engage persons with suitable qualifications and experience as consultants.

(2)Without limiting the generality of subsection (1), Integrity Oversight Victoria may appoint an Australian legal practitioner to assist Integrity Oversight Victoria as counsel, either generally or in reference to a particular matter.

(3)An engagement under this section may be on any terms and conditions Integrity Oversight Victoria considers appropriate.

30Oath or affirmation by staff and consultants

(1)Before commencing employment with Integrity Oversight Victoria, a person referred to in section 28 must take an oath or make an affirmation that he or she—

(a)will faithfully and impartially perform their duties and functions and exercise their powers; and

(b)will not disclose, except as authorised or required by law, any information received in the performance of their duties and functions or the exercise of their powers.

(2)Integrity Oversight Victoria may require a person engaged under section 28(2) or 29 or an officer, sub-contractor, agent or employee of a person engaged under section 29 to take an oath or make an affirmation that he or she—

(a)will faithfully and impartially perform their duties and functions and exercise their powers in the course of the engagement; and

(b)will not disclose, except as authorised or required by law, any information received in the performance of their duties and functions or the exercise of their powers in the course of the engagement.

(3)The oath or affirmation is to be administered by the Chief Integrity Inspector.

31Obligation on persons employed or engaged under section 28 or engaged under section 29

A person employed or engaged under section 28 or engaged under section 29 must not publicly comment on—

(a)the administration of this Act; or

(b)the performance of duties and functions or the exercise of powers by Integrity Oversight Victoria.

32Obligation to avoid actual or perceived conflicts of interest

An Integrity Oversight Victoria Officer must ensure that any actual or perceived conflicts of interest are avoided in the performance of their duties and functions and in the exercise of their powers as an Integrity Oversight Victoria Officer.

Division 2—Disclosure by Integrity Oversight Victoria and Integrity Oversight Victoria Officers

33Unauthorised disclosures or provision of information

(1)Subject to subsection (2), a person who is, or was, an Integrity Oversight Victoria Officer must not directly or indirectly provide or disclose any information acquired by the person or Integrity Oversight Victoria by reason of, or in the course of, the performance of the duties and functions or the exercise of powers of the person or Integrity Oversight Victoria under this Act or any other Act except—

(a)for the performance of the duties and functions or the exercise of the powers of the person or Integrity Oversight Victoria in accordance with this Act or any other Act; or

(b)for the purposes of—

(i)proceedings for an offence; or

(ii)a disciplinary process or action—

brought as a result of an investigation conducted by Integrity Oversight Victoria; or

(c)for the purposes of proceedings for an offence against this Act or the Public Interest Disclosures Act 2012; or

(d)as is otherwise authorised or required to be made by or under this Act or the Public Interest Disclosures Act 2012.

Penalty:120 penalty units or imprisonment for 12 months or both.

Note

The person may be subject to further confidentiality obligations under Part 7 of the Public Interest Disclosures Act 2012.

(2)This section does not apply to the provision or disclosure of information to which section 34 applies.

34Special provision applying in respect of function under section 11(2)(g)

Integrity Oversight Victoria or a person who is, or was, an Integrity Oversight Victoria Officer must not directly or indirectly provide or disclose information acquired by Integrity Oversight Victoria or the Integrity Oversight Victoria Officer by reason of, or in the course of, the performance of the function specified in section 11(2)(g), except—

Division 2—Saving and transitional provisions arising from Victorian Inspectorate name change

107Definition for this Division

In this Division—

commencement date means the day on which section 112 of the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 comes into operation.

108Operation of Interpretation of Legislation Act 1984

Unless the contrary intention expressly appears, this Division does not affect or take away from the Interpretation of Legislation Act 1984.

109Construction of references

Unless the contrary intention appears, on and after the commencement date, in any Act, subordinate instrument, agreement or other document (other than this Act) as far as it relates to any period after that commencement date—

(a)a reference to the Victorian Inspectorate Act 2011 is to be construed as a reference to the Integrity Oversight Victoria Act 2011; and

(b)a reference to the "Victorian Inspectorate" is to be construed as a reference to the "Integrity Oversight Victoria"; and

(c)a reference to the "Victorian Inspector" or "Inspector" within the meaning of the Victorian Inspectorate Act 2011 is to be construed as a reference to the "Chief Integrity Inspector"; and

(d)a reference to a "Victorian Inspectorate Officer" within the meaning of the Victorian Inspectorate Act 2011 is to be construed as a reference to an "Integrity Oversight Victoria Officer".

110Saving provision—Victorian Inspectorate

On and after the commencement date, Integrity Oversight Victoria is taken to be the same body as the Victorian Inspectorate was immediately before that commencement date and no decision, matter or thing is to be affected by the change in name.

111Saving provision—Inspector

(1)On and after the commencement date, the Inspector holding office immediately before that commencement date continues to hold office as the Chief Integrity Inspector after that commencement date on the same terms and conditions on which the person held office immediately before that commencement date and no decision, matter or thing is affected by the change in name.

(2)Nothing in subsection (1) affects the operation of sections 21A, 21B, 21C, 22, 23 or 24 in relation to the person referred to in subsection (1) from any time after the commencement date.

(3)To avoid doubt, service in the office of Inspector by the person referred to in subsection (1) is taken to be service in the office of Chief Integrity Inspector for the purposes of sections 21A and 21B.

*                *                *                *                *

SCHEDULE

Savings and transitional provisions

1Definitions

In this Schedule—

commencement day means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation;

Director means the Director, Police Integrity under section 7 of the PIA as in force immediately before its repeal;

MC (SIM) Act means the Major Crime (Special Investigations Monitor) Act 2004;

OPI means the Office of Police Integrity continued by section 5 of the PIA as in force immediately before its repeal;

PIA means the Police Integrity Act 2008 as in force immediately before its repeal;

property means any legal or equitable estate or interest (whether present or future or whether vested or contingent) in real or personal property of any description;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

SIM means the Special Investigations Monitor appointed under section 5 of the MC (SIM) Act as in force immediately before its repeal.

2General transitional provisions

(1)Unless the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984.

(2)If a repealed provision of the MC (SIM) Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision—

(a)any other repealed provisions of the MC (SIM) Act necessary to give effect to that continued provision; and

(b)any regulations made under the MC (SIM) Act for the purposes of that continued provision.

(3)If a repealed provision of the PIA continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision—

(a)any other repealed provisions of the PIA necessary to give effect to that continued provision; and

(b)any regulations made under the PIA for the purposes of that continued provision.

3SIM and office of SIM abolished

On the commencement day, the office of SIM is abolished and the SIM goes out of office.

4Victorian Inspectorate succeeds SIM

On the commencement day—

(a)all rights, property and assets that, immediately before the commencement day, were vested in the SIM are, by force of this clause, vested in the Victorian Inspectorate;

(b)all debts, liabilities and obligations of the SIM existing immediately before that day become, by force of this clause, debts, liabilities and obligations of the Victorian Inspectorate;

(c)the Victorian Inspectorate is, by force of this clause, substituted as a party to any proceeding pending in any court or tribunal to which the SIM was a party immediately before that day;

(d)the Victorian Inspectorate is, by force of this clause, substituted as a party to any arrangement or contract entered into by or on behalf of the SIM as a party and in force immediately before that day.

5Superseded references to SIM

A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to the SIM must be construed as a reference to the Victorian Inspectorate—

(a)so far as the reference relates to any period on or after the commencement day; and

(b)if not inconsistent with the subject matter.

6Transfer of records, information and documents

All information, documents, reports, records and equipment in the possession or control of the SIM immediately before the commencement day, whether held under the MC (SIM) Act, any other Act or otherwise (including any information, document or other thing obtained in the course of an investigation)—

(a)are transferred to the custody of the Victorian Inspectorate on the commencement day; and

(b)are taken to be information, documents, reports, records and equipment in the possession or control of the Victorian Inspectorate on and from that commencement day.

7Reports to the Victorian Inspectorate

(1)Section 122 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to a witness summons issued by the Director under the PIA unless the Director has given a written report on the summons under section 115 of the PIA before that commencement day.

(2)Section 142 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to an arrest warrant issued under section 84 of the PIA unless the Director has given a written report on the warrant under section 116 of the PIA before that commencement day.

(3)Section 154 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to an arrest warrant issued by the Director under section 79 of the PIA unless the Director has given a written report on the warrant under section 116 of the PIA before that commencement day.

(4)Section 134 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to the video recording and any transcript of an examination conducted by the Director under the PIA unless the Director has given a written report on the examination and a copy video recording and any transcript of an examination to the SIM under section 117 of the PIA before that commencement day.

(5)On and from the commencement day, the IBAC must comply with a requirement of the Victorian Inspectorate under section 40 in relation to an examination conducted by the Director under the PIA before the commencement day as if that examination were an examination of a person by the IBAC unless the Director, before that commencement day, has given a written report on the examination and a copy video recording and any transcript of an examination to the SIM under section 117 of the PIA.

8Complaints to the Victorian Inspectorate—PIA

(1)If before the commencement day the SIM had—

(a)received a complaint under section 118 of the PIA but not commenced an investigation into the complaint; or

(b)commenced but not completed an investigation into a complaint made to the SIM under section 118 of the PIA—

the Victorian Inspectorate may investigate or complete the investigation of that complaint on and after the commencement day under section 43.

(2)In an investigation referred to in subclause (1), the Victorian Inspectorate is entitled to have regard to any evidence given or document or other thing produced in relation to that investigation before the commencement day.

(3)A person referred to in section 118(1) of the PIA who, immediately before the commencement day, could have made a complaint to the SIM under section 118 of the PIA may instead, on and from the commencement day, make a complaint to the Victorian Inspectorate under section 43.

(4)A complaint referred to in subclause (1) or (3)—

(a)must be limited to a complaint about the matter set out in section 118(2) of the PIA as in force immediately before its repeal; and

(b)must be made within 90 days after the day on which the person was excused from attendance under the PIA.

(5)For the purposes of this clause—

(a)section 47 (except subsection (1)(a)) applies as if—

(i)a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause; and

(ii)a reference to IBAC's operations or the conduct of IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;

(b)section 48(1) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel under Part 6 were a reference to an investigation under this clause;

(c)Division 2 of Part 6 applies as if a reference to an inquiry in relation to the IBAC or IBAC personnel were a reference to an inquiry for the purposes of an investigation under this clause;

(d)Divisions 3 and 4 of Part 6 apply;

(e)section 78 applies as if a reference to the conduct of the IBAC or IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;

(f)section 79(3) applies as if a reference to conduct of any IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;

(g)sections 87 and 88 apply;

(h)section 89(1) (except paragraph (b)) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause;

(i)section 90 applies.

9Complaints and investigations about administrative action taken in the OPI

(1)This clause applies to any administrative action taken in the OPI before the commencement day that could have been the subject of a complaint to the Ombudsman, or an investigation on the Ombudsman's own motion, under the Ombudsman Act 1973 before that day, whether or not such a complaint or investigation had been made or conducted.

(2)A person may make a complaint to the Victorian Inspectorate about any administrative action to which this clause applies.

(3)The Victorian Inspectorate may investigate a complaint made under subclause (2).

(4)If the Victorian Inspectorate decides to investigate a complaint made under subclause (2), the Victorian Inspectorate must notify the IBAC in writing unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.

(5)The Victorian Inspectorate may on its own motion in the course of performing its functions investigate any administrative action to which this clause applies.

(6)For the purposes of this clause—

(a)section 47 (except subsection (1)(a)) applies as if—

(i)a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause; and

(ii)a reference to IBAC's operations or the conduct of IBAC personnel were a reference to the administrative action which is the subject of the investigation;

(b)section 48(1) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel under Part 6 were a reference to an investigation under this clause;

(c)Division 2 of Part 6 applies as if a reference to an inquiry in relation to the IBAC or IBAC personnel were a reference to an inquiry for the purposes of an investigation under this clause;

(d)Divisions 3 and 4 of Part 6 apply;

(e)section 78 applies as if a reference to the conduct of the IBAC or IBAC personnel were a reference to the administrative action which is the subject of the investigation;

(f)section 79(3) applies as if a reference to conduct of any IBAC personnel were a reference to the administrative action which is the subject of the investigation;

(g)sections 87 and 88 apply;

(h)section 89(1) (except paragraph (b)) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause;

(i)section 90 applies.

10Other powers of the Victorian Inspectorate

A written notice given by the SIM under section 124 of the PIA before the commencement day that was in force immediately before that commencement day is taken, on and from that commencement day, to be a requirement made by the Victorian Inspectorate under section 47.

11Annual report

(1)For the purposes of the first annual report of the Victorian Inspectorate under Part 7 of the Financial Management Act 1994, a reference in section 91(1)(b) to activities in relation to the performance of the Victorian Inspectorate's duties and functions includes a reference to activities in relation to the performance of the SIM's duties and functions under the PIA during the financial year to which that report relates.

(2)If, before the commencement day, the SIM had not prepared any report required by section 126(1) of the PIA for the financial year ending before the commencement day, the Victorian Inspectorate must prepare that report.

(3)If, before the commencement day, the SIM had prepared any report required by section 126(1) of the PIA for the financial year ending before the commencement day but that report has not been presented to each House of the Parliament under section 126 of the PIA, the Victorian Inspectorate must present that report to each House of the Parliament in accordance with the applicable requirements of section 126 of the PIA as in force immediately before its repeal.

(4)For the purposes of subclause (2) or (3)—

(a)if the report relates to a whole financial year completed before the repeal of the PIA, the Victorian Inspectorate may prepare a report referred to in those subclauses as a separate report and present the report to each House of the Parliament in accordance with section 126 of the PIA as in force immediately before its repeal; or

(b)if the report relates to a partial financial year completed before the repeal of the PIA, the Victorian Inspectorate may prepare a report referred to in those subclauses as part of its own annual report under section 91.

═══════════════

ENDNOTES

1   General information

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

Minister's second reading speech—

Legislative Assembly: 27 October 2011

Legislative Council: 10 November 2011

The long title for the Bill for this Act was "A Bill for an Act to establish the Victorian Inspectorate to provide oversight of the Independent Broad-based Anti-corruption Commission, to amend certain Acts and for other purposes."

The Victorian Inspectorate Act 2011 was assented to on 29 November 2011 and came into operation on 1 July 2012: section 2(2).

The title of this Act was changed from the Victorian Inspectorate Act 2011 to the Integrity Oversight Victoria Act 2011 by section 112 of the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No.31/2024.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

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

References to ILA s. 39B

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

Interpretation

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

•     Headings

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

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

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

•     Location of "legislative items"

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

•     Other material

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

2   Table of Amendments

This publication incorporates amendments made to the Integrity Oversight Victoria Act 2011 by Acts and subordinate instruments.

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

Integrity Oversight Victoria Act 2011, No. 70/2011

Assent Date:	29.11.11
Commencement Date:	S. 105(4) on 10.2.15: s. 105(4); s. 107(4) inserted on 26.4.21 by No. 11/2021 s. 182: s. 2(2)
Note:	S. 107(4) repealed s. 107 on 26.4.23
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Victorian Inspectorate Amendment Act 2012, No. 19/2012

Assent Date:	24.4.12
Commencement Date:	Ss 3–21 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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

Assent Date:	29.5.12
Commencement Date:	Ss 32–34 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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

Assent Date:	18.9.12
Commencement Date:	Ss 25, 26 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 3
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 (as amended by No. 70/2013)

Assent Date:	18.12.12
Commencement Date:	S. 152 on 19.12.12: s. 2(1); ss 26–62, 197–220, 261–282 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; ss 301, 302, 320, 321 on 11.2.13: s. 2(5)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Protected Disclosure Act 2012, No. 85/2012

Assent Date:	18.12.12
Commencement Date:	Ss 106–123 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Integrity Legislation Amendment Act 2013, No. 28/2013

Assent Date:	15.5.13
Commencement Date:	S. 4 on 15.5.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 59) on 11.2.13: s. 2(2)(g)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 106) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 179) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Freedom of Information and Victorian Inspectorate Acts Amendment Act 2014, No. 59/2014

Assent Date:	2.9.14
Commencement Date:	Ss 25–27, 29–31 on 3.9.14: s. 2(1); s. 28 on 7.10.14: Special Gazette (No. 350) 7.10.14 p. 1
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 44) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:	16.6.15
Commencement Date:	S. 56(Sch. 1 item 15) on 17.6.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 65) on 1.8.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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

Assent Date:	19.4.16
Commencement Date:	Ss 177–185 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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

Assent Date:	31.5.16
Commencement Date:	Ss 75–77 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Witness Protection Amendment Act 2016, No. 34/2016

Assent Date:	15.6.16
Commencement Date:	Ss 35–39 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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

Assent Date:	16.5.17
Commencement Date:	Ss 107–127 on 1.9.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 135) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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

Assent Date:	5.3.19
Commencement Date:	Ss 197, 202–208 on 6.3.19: s. 2(1); ss 58–71, 72(Sch. 1 Pt B) on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1; ss 131–141 on 1.1.20: s. 2(3); ss 182–187 on 1.7.20: s. 2(4)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Audit Amendment Act 2019, No. 12/2019

Assent Date:	4.6.19
Commencement Date:	Ss 10–18 on 1.7.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 60) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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

Assent Date:	25.6.19
Commencement Date:	S. 274(1) on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1; s. 274(2) on 1.7.20: s. 2(4)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Wage Theft Act 2020, No. 21/2020

Assent Date:	23.6.20
Commencement Date:	Ss 84–98 on 1.7.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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

Assent Date:	23.3.21
Commencement Date:	Ss 171–182 on 26.4.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Special Investigator Act 2021, No. 50/2021

Assent Date:	30.11.21
Commencement Date:	Ss 103–127 on 1.12.21: s. 2
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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

Assent Date:	6.9.22
Commencement Date:	S. 881 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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

Assent Date:	23.5.23
Commencement Date:	S. 252 on 24.5.23: s. 2(1); s. 263 on 1.7.24: s. 2(3)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

Special Investigator Repeal Act 2023, No. 31/2023

Assent Date:	8.11.23
Commencement Date:	Ss 18–42 on 2.2.24: Special Gazette (No. 687) 19.12.23 p. 1
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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

Assent Date:	20.8.24
Commencement Date:	Ss 162–187 on 31.12.24: s. 2(2); s. 188(Sch. 3 item 1) on 13.5.25: s. 2(3)
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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

Assent Date:	10.9.24
Commencement Date:	Ss 97–110 on 11.9.24: s. 2(1); s. 36 on 1.11.24: Special Gazette (No. 579) 29.10.24 p. 1; ss 112, 113(Sch. 1 item 1), 114 on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Integrity Oversight Victoria Act 2011

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3   Explanatory details

[1] The provisions of this Act have been renumbered and relettered according to sections 301 and 302 of the Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 (repealed).

S. 301 read as follows:

301Renumbering of sections of the Victorian Inspectorate Act 2011

The sections of the Victorian Inspectorate Act 2011 set out in column 1 of the Table to this section are renumbered as set out opposite those sections in column 2 of the Table.

Table

Column 1

Section number

Column 2

Renumbered section number

1

1

2

2

3

3

3A

4

4

5

5

6

5A

7

6

8

7

9

8

10

9

11

10

12

10A

13

10B

14

11

15

12

16

13

17

Column 1

Section number

Column 2

Renumbered section number

14

18

15

19

16

20

17

21

18

22

19

23

20

24

21

25

22

26

23

27

24

28

25

29

26

30

27

31

28

32

28A

33

28B

34

28BA

35

28C

36

28D

37

28E

38

28F

39

28G

40

28H

41

28I

42

29

43

30

44

30A

45

Column 1

Section number

Column 2

Renumbered section number

31

46

32

47

33

48

33A

49

33B

50

33C

51

33D

52

33E

53

33F

54

33G

55

33H

56

33I

57

33J

58

33K

59

33L

60

33LA

61

33M

62

33N

63

33O

64

33P

65

33Q

66

33R

67

33S

68

33SA

Note

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

69

Column 1

Section number

Column 2

Renumbered section number

33T

70

33U

71

33V

72

33W

73

33X

74

33Y

75

33Z

76

33ZA

77

34

78

35

79

35A

80

35B

81

35C

82

35D

83

35E

84

35F

85

35G

86

36

87

36A

88

37

89

37A

90

38

91

38A

92

39

93

39A

94

39B

95

39C

96

39D

97

Column 1

Section number

Column 2

Renumbered section number

39E

98

39F

99

39G

100

39H

101

40

102

41

103

42

104

42A

105

42B

106

S. 302 read as follows:

302Renumbering of other provisions of the Victorian Inspectorate Act 2011

(1)The Parts of the Victorian Inspectorate Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1".

(2)The Divisions of each Part of the Victorian Inspectorate Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1".

(3)The subsections of each section of the Victorian Inspectorate Act 2011 are renumbered so that they bear consecutive Arabic numerals enclosed in parentheses starting with "(1)".

(4)The paragraphs of each section or subsection, or of each definition, of the Victorian Inspectorate Act 2011 are relettered so that they bear lower‑case letters in alphabetical order enclosed in parentheses starting with "(a)".

(5)The subparagraphs of each paragraph of each section or subsection, or of each paragraph of each definition, of the Victorian Inspectorate Act 2011 are renumbered so that they bear consecutive lower-case Roman numerals enclosed in parentheses starting with "(i)".

(6)The sub-subparagraphs of each subparagraph of each paragraph of each section or subsection,

or of each subparagraph of each paragraph of each definition, of the Victorian Inspectorate Act 2011 are relettered so that they bear upper‑case letters in alphabetical order in parentheses starting with "(A)".

(7)Each provision of the Victorian Inspectorate Act 2011 that refers to a provision that has been renumbered or relettered under section 301 or this section is amended by omitting the reference and substituting a reference to the last-mentioned provision as renumbered or relettered.

(8)In this section, provision includes paragraph, subparagraph and sub-subparagraph.

[2] S. 5(f): The amendment proposed by section 108(a) of the Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017 (repealed) is not included in this publication as "Examiners." does not appear in section 5(f).

Section 108(a) read as follows:

108Objects of Act

In section 5 of the Victorian Inspectorate Act 2011—

(a)in paragraph (f), for "Examiners." substitute "Examiners;".

[3] S. 86(1): The amendment proposed by section 123 of the Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017 (repealed) is not included in this publication because the words "or 85" do not appear in section 86(1).

Section 123 read as follows:

123Recommendations 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 85" substitute ", 85, 85A or 85B(1)".

[4] S. 102(2) def. of relevant person or body: The amendment proposed by section 127(a) of the Freedom of Information Amendment (Office
of the Victorian Information Commissioner) Act 2017, No. 20/2017 (repealed) is not included in this publication as "Examiner." does not appear in section 102(2).

Section 127(a) read as follows:

127Exemption from Freedom of Information Act 1982

In section 102(2) of the Victorian Inspectorate Act 2011, in the definition of relevant person or body—

(a)in paragraph (m), for "Examiner." substitute "Examiner;".

[5] Pt 5 Div. 2 (repealed): The proposed repeal of section 48 by section 123 of the Protected Disclosure Act 2012, No. 85/2012 is not included in this publication due to the earlier repeal of section 48 by section 152(3) of the Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 (repealed).