Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 (Vic)

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024

No. 31 of 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments relating to provision of court data to Chief Statistician

Division 1—Amendment of Crime Statistics Act 2014

3Main purpose

4Definitions

5New section 3A inserted

6Functions and powers of Chief Statistician

7New section 7A inserted

Division 2—Amendment of other Acts

8Spent Convictions Act 2021

Part 3—Amendment of Criminal Procedure Act 2009

Division 1—Electronic signatures

9Commencement of a criminal proceeding in the Magistrates' Court

10New section 410A inserted

Division 2—Use of recorded evidence‑in‑chief of complainant in family violence offence proceedings

11Section 387P repealed

Part 4—Amendment of Defamation Act 2005

Division 1—Technical amendments

12New Part 6 heading inserted

13New Division 1 of Part 6 heading inserted

Division 2—Digital intermediaries

14Definitions

15New Division 2A of Part 2 inserted

16Content of offer to make amends

17New section 23A inserted

18New section 31A inserted

19New section 39A inserted

20Giving of notices and other documents

21New Division 2 of Part 6 inserted

Division 3—Absolute privilege

22Defence of absolute privilege

23New Subdivision 2 of Division 2 of Part 6 inserted

Part 5—Amendments relating to the National Anti‑Corruption Commission

Division 1—Amendment of Independent Broad‑based Anti‑corruption Commission Act 2011

24Definitions

Division 2—Amendment of Victoria Police Act 2013

25Definitions

Division 3—Amendment of Criminal Procedure Act 2009

26Schedule 3 amended

Part 6—Amendment of Public Interest Monitor Act 2011 and related Acts

Division 1—Amendment of Public Interest Monitor Act 2011

27Section 3 amended

28Definitions

29Confidentiality

30Annual report

Division 2—Amendment of Telecommunications (Interception) (State Provisions) Act 1988

31Definitions

32Heading to Part 1A amended

33New Part 1B inserted

Division 3—Amendment of Terrorism (Community Protection) Act 2003

34Authorised police officer to notify Public Interest Monitor about certain things relating to police detention decisions

35Nominated senior police officer to notify Public Interest Monitor about certain matters relating to police detention decisions

Division 4—Consequential amendment of Victorian Inspectorate Act 2011

36Definitions

Part 7—Amendment of Freedom of Information Act 1982

37Publication of information concerning functions etc. of agencies

38Part not to apply to certain documents

39Amendments in relation to practicability

40Preliminary inquiries

41Section 49N substituted

42Complaints

43Informal resolution

44Confidentiality notice

45Extension of confidentiality notice

46Section 61TL amended

47Disclosure subject to confidentiality notice

48Office of the Information Commissioner to report to the Victorian Inspectorate on issue of notice to produce or attend

49Special requirements for production of documents claimed to be exempt under section 28, 29A, 31 or 31A

50Reporting by Information Commissioner

Part 8—Amendment of Privacy and Data Protection Act 2014

51Definitions

52Circumstances in which Information Commissioner may decline to entertain complaint

53Information Commissioner may refer complaint

54Minister may refer a complaint direct to VCAT

55New sections 65A and 65B inserted

56Conciliation process

57Office of the Information Commissioner to report to the Victorian Inspectorate on issue of notice to produce or attend

58Information Commissioner may issue protective data security standards

59Exemption—Freedom of Information Act 1982

60Section 116 substituted

61The Information Privacy Principles

Part 9—Amendment of Public Interest Disclosures Act 2012 and related Acts

Division 1—Amendment of Public Interest Disclosures Act 2012

62Persons or bodies to which certain public interest disclosures must be made

63Section 16 amended

64Advice to person making disclosure to entity other than a Presiding Officer

65Circumstances in which information may be disclosed

Division 2—Amendment of Judicial Commission of Victoria Act 2016

66Referrals by the IBAC

Division 3—Amendment of Local Government Act 2020

67Definitions

68Confidentiality notice

69Extension of confidentiality notice

Division 4—Amendment of Racing Act 1958

70Confidentiality notice

71Extension of confidentiality notice

72Disclosure subject to confidentiality notice

Part 10—Amendment of Independent Broad‑based Anti‑corruption Commission Act 2011

73Definitions

74Disclosure or provision of information by the IBAC

75Disclosure subject to confidentiality notice

76Referral of public interest complaints to other investigating entities

77Search warrant

78Advance copy of report to the Parliament

79Regulations—specific matters

Part 11—Amendment of Ombudsman Act 1973

80Definitions

81New section 2AA inserted

82Principal functions of the Ombudsman

83Making a complaint

84How the Ombudsman is to deal with certain complaints

85Section 15C substituted

86Ombudsman must refuse to investigate certain public interest complaints

87Notification to IBAC

88Notification to Victorian Inspectorate

89Power to take evidence on oath or affirmation

90Legal advice and representation

91Further provisions relating to appearances

92Section 25AAB amended

93Obsolete references to Evidence (Miscellaneous Provisions) Act 1958

94Disclosure subject to confidentiality notice

95Disclosure of information by the Ombudsman

96New section 37 inserted

Part 12—Amendment of Victorian Inspectorate Act 2011 and Surveillance Devices Act 1999

Division 1—General amendments

97Definitions

98Disclosure of information by the Victorian Inspectorate

99Disclosure subject to confidentiality notice

100Investigation of complaint

101New sections 44A and 44B inserted

102Advice to person who made public interest complaint

103Conduct of investigation

104Act applies equally to attendance in person or by audio visual link or audio link

105New section 87A inserted

106Section 88 amended

107Criminal liability of officers of bodies corporate— accessorial liability

108New section 97AA inserted

109Regulations—specific matters

110Statute law revision

111Consequential amendment of Surveillance Devices Act 1999

Division 2—Title and name change amendments

112Act title changed

113Amendment of Acts

114New Division 2 of Part 8 inserted

Part 13—Repeal of this Act

115Repeal of this Act

Schedule 1—Consequential amendments relating to Victorian Inspectorate name change

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Endnotes

1      General information

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024

No. 31 of 2024

[Assented to 10 September 2024]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to amend the Crime Statistics Act 2014 to provide the Chief Statistician with access to certain court data; and

(b)to amend the Criminal Procedure Act 2009—

(i)to provide for the use of electronic signatures; and

(ii)to prevent the repeal of Division 7B of Part 8.2 of that Act; and

(c)to amend the Defamation Act 2005 in relation to—

(i)third party content on internet‑based platforms; and

(ii)the defence of absolute privilege; and

(d)to make consequential amendments to various Acts following the establishment of the National Anti‑Corruption Commission; and

(e)to amend the Public Interest Monitor Act 2011 and the Telecommunications (Interception) (State Provisions) Act 1988 in relation to the Public Interest Monitor's functions regarding—

(i)international production orders under the Telecommunications (Interception and Access) Act 1979 of the Commonwealth; and

(ii)police detention decisions and periodic reviews of detention under the Terrorism (Community Protection) Act 2003; and

(f)to amend the Freedom of Information Act 1982, the Independent Broad‑based Anti‑corruption Commission Act 2011, the Judicial Commission of Victoria Act 2016, the Local Government Act 2020, the Ombudsman Act 1973, the Privacy and Data Protection Act 2014, the Public Interest Disclosures Act 2012, the Racing Act 1958, the Surveillance Devices Act 1999 and the Victorian Inspectorate Act 2011 to improve the operation of the integrity system; and

(g)to make other minor and consequential amendments.

2Commencement

(1)This Act (other than Parts 2 and 6, Division 2 of Part 12 and Schedule 1) comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), Parts 2 and 6, Division 2 of Part 12 and Schedule 1 come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 13 May 2025, it comes into operation on that day.

PART 2—AMENDMENTS RELATING TO PROVISION OF COURT DATA TO CHIEF STATISTICIAN

Division 1—Amendment of Crime Statistics Act 2014

3Main purpose

In section 1 of the Crime Statistics Act 2014, after "crime" insert "and criminal justice".

4Definitions

(1)In section 3 of the Crime Statistics Act 2014, in the definition of Secretary, for "Department of Justice" substitute "Department of Justice and Community Safety".

(2)In section 3 of the Crime Statistics Act 2014 insert the following definitions—

"applicable court means—

(a)the Supreme Court; or

(b)the County Court; or

(c)the Magistrates' Court; or

(d)the Children's Court;

applicable court data has the meaning given by section 3A;

Court Chief Executive Officer has the same meaning as in the Court Services Victoria Act 2014;

health information has the same meaning as in the Health Records Act 2001;

personal information has the same meaning as in the Privacy and Data Protection Act 2014;".

5New section 3A inserted

After section 3 of the Crime Statistics Act 2014 insert—

"3A   Meaning of applicable court data

(1)For the purposes of this Act, applicable court data means any information that—

(a)is held by an applicable court (including by a registry or other office of that court) in an electronic form; and

(b)relates to applicable proceedings.

(2)The applicable proceedings are proceedings in an applicable court that are—

(a)criminal proceedings; or

(b)proceedings with respect to bail; or

(c)proceedings under—

(i)the Family Violence Protection Act 2008; or

(ii)the Personal Safety Intervention Orders Act 2010; or

(iii)Part 5A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (including investigations under Division 2 of that Part); or

(iv)Part 4A of the Sex Offenders Registration Act 2004.

(3)Without limiting subsection (1)(b), information that relates to applicable proceedings includes—

(a)information about (including the details of)—

(i)an order made (including a sentence imposed); or

(ii)a judgment, direction or ruling given; or

(iii)reasons given; or

(iv)an undertaking given; or

(v)an application made; or

(vi)a warrant or other process issued—

in or in relation to an applicable proceeding; and

(b)information about a person who is a party to an applicable proceeding (whether or not the information is personal information or health information); and

Example

Information about the psychological health of an accused.

(c)information about a person who is otherwise involved in an applicable proceeding (whether or not the information is personal information); and

Example

Information about a person who acts as an interpreter at an applicable proceeding.

(d)statistical or aggregated information in relation to applicable proceedings.

(4)However, applicable court data does not include—

(a)a transcript or recording of a hearing in or in relation to an applicable proceeding; or

(b)exhibits, evidence and submissions in an applicable proceeding; or

(c)any other documents filed in an applicable proceeding (other than an application filed in the proceeding); or

(d)information that discloses the deliberations of an applicable court or is otherwise subject to judicial privilege; or

(e)health information about a person referred to in subsection (3)(c); or

(f)information that relates to an applicable court more generally (rather than to applicable proceedings), including financial information about the administration of the court.".

6Functions and powers of Chief Statistician

In section 5(1)(a) of the Crime Statistics Act 2014, after "crime" insert "and criminal justice issues and trends".

7New section 7A inserted

After section 7 of the Crime Statistics Act 2014 insert—

"7A Access to applicable court data

(1)The Chief Statistician may require the Court Chief Executive Officer of an applicable court to give the Chief Statistician a copy of applicable court data—

(a)that is either—

(i)specified by the Chief Statistician; or

(ii)of a class specified by the Chief Statistician; and

(b)that is held by that court (including by a registry or other office of that court) in an electronic form; and

(c)that the Chief Statistician considers will assist in the performance of the Chief Statistician's functions.

(2)Subject to subsection (5), a Court Chief Executive Officer must comply with a requirement of the Chief Statistician under subsection (1).

(3)Subsections (1) and (2) apply despite any provision of an enactment, or any rule of law, that—

(a)prohibits the Chief Statistician from requiring a Court Chief Executive Officer to give a copy of applicable court data; or

(b)prohibits a Court Chief Executive Officer from giving a copy of applicable court data; or

(c)imposes a duty of confidentiality in relation to the applicable court data.

(4)Despite anything to the contrary in any enactment (other than the Charter of Human Rights and Responsibilities) or any other law—

(a)the Chief Statistician does not commit an offence or otherwise contravene an enactment or other law by requiring, under subsection (1), a Court Chief Executive Officer to give a copy of applicable court data; and

(b)a Court Chief Executive Officer does not commit an offence or otherwise contravene an enactment or other law by giving a copy of that data under subsection (2).

(5)A Court Chief Executive Officer may refuse to give the Chief Statistician a copy of applicable court data required by the Chief Statistician if the Court Chief Executive Officer considers that giving a copy of that data would, or would reasonably be likely to, prejudice the fair trial of a person or the impartial adjudication of a particular case.".

Division 2—Amendment of other Acts

8Spent Convictions Act 2021

(1)In section 22D(2) of the Spent Convictions Act 2021, for "A person" substitute "Subject to subsection (3), a person".

(2)After section 22D(2) of the Spent Convictions Act 2021 insert—

"(3)Subsection (2) does not apply to a disclosure by a person specified in subsection (4) to another person specified in that subsection.

(4)The specified persons are—

(a)the Chief Statistician; and

(b)each person who is employed or engaged as described in section 6 of the Crime Statistics Act 2014.".

PART 3—AMENDMENT OF CRIMINAL PROCEDURE ACT 2009

Division 1—Electronic signatures

9Commencement of a criminal proceeding in the Magistrates' Court

In section 6(2) of the Criminal Procedure Act 2009, for "sections 8(1) and 9(1)" substitute "section 8(1)".

10New section 410A inserted

After the heading to Part 8.5 of the Criminal Procedure Act 2009 insert—

410AElectronic signatures"

(1)If the signature of a person is required by or under this Act, that requirement may be met by the person signing by electronic means.

(2)It does not matter whether any other person does or does not consent to the requirement being met that way.

(3)The reference in subsection (1) to the signature of a person being required also refers to there being consequences for the absence of that signature.

Example

Section 77(3) provides that a criminal record is inadmissible as evidence against the person to whom it relates in a criminal proceeding for an offence unless the criminal record is signed by certain persons.".

Division 2—Use of recorded evidence‑in‑chief of complainant in family violence offence proceedings

11Section 387P repealed

Section 387P of the Criminal Procedure Act 2009 is repealed.

PART 4—AMENDMENT OF DEFAMATION ACT 2005

Division 1—Technical amendments

12New Part 6 heading inserted

After section 45 of the Defamation Act 2005 insert—

"PART 6—TRANSITIONAL AND SAVINGS PROVISIONS".

13New Division 1 of Part 6 heading inserted

Before section 46 of the Defamation Act 2005 insert—

"Division 1—Act as originally enacted and Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020".

Division 2—Digital intermediaries

14Definitions

In section 4 of the Defamation Act 2005 insert the following definitions—

"access prevention step, in relation to the publication of digital matter, means a step—

(a)to remove the matter; or

(b)to block, disable or otherwise prevent access, whether by some or all persons, to the matter;

digital intermediary, in relation to the publication of digital matter, means a person, other than an author, originator or poster of the matter, who provides or administers the online service by means of which the matter is published;

Note

There may be more than one digital intermediary in relation to the publication of the same digital matter.

digital matter means matter published in electronic form by means of an online service;

online service means a service provided to a person, whether or not it is requested or it is for a fee or reward, to enable the person to use the Internet, including, without limitation, a service enabling a person—

(a)to access or connect to the Internet; or

(b)to use the Internet to do one or more of the following—

(i)send or receive content;

(ii)store content;

(iii)index content;

(iv)search for content;

(v)share content;

(vi)interact with other persons;

Examples

1     An internet‑based social media platform.

2      A forum created or administered by a person using a facility provided by an internet‑based social media platform that enables users to share content or interact with other users about a topic.

3     A website or other internet‑based platform that enables knowledge to be shared by or with its users.

poster, in relation to the publication of digital matter, means a person who uses the online service by means of which the matter is published for the purpose of communicating the matter to one or more other persons;".

15New Division 2A of Part 2 inserted

After Division 2 of Part 2 of the Defamation Act 2005 insert—

"Division 2A—Exemptions from liability for digital intermediaries

10BDefinitions

In this Division—

caching service means an online service whose principal function is to provide automatic, intermediate and temporary storage of content for the purpose of making the onward electronic transmission of the content more efficient for its users;

Example

A service for temporarily and automatically storing files that are most frequently downloaded by users of a website to speed up the download time for the files.

conduit service means an online service whose principal function is to enable its users to access or use networks or other infrastructure to connect to, or send or receive data by means of, the Internet;

Examples

1A service provided by an internet service provider enabling its users to connect to the Internet.

2An internet‑based service enabling its users to send emails or send text messages to other persons.

search engine means a software application or system designed to enable its users to search for content on the Internet;

search engine provider for a search engine means a person who maintains, or provides users with access to the search functions of, the search engine;

search result means a result generated by a search engine that is limited to identifying a webpage on which content is located by reference to one or more of the following—

(a)the title of the webpage;

(b)a hyperlink to the webpage;

(c)an extract from the webpage;

(d)an image from the webpage;

storage service means an online service, other than a caching service, whose principal function is to enable its users to store content remotely.

Example

An internet‑based cloud service enabling its users to store documents, videos or photographs for later retrieval.

10CExemption for digital intermediaries providing caching, conduit or storage services

(1)A digital intermediary is not liable for defamation for the publication of digital matter if the intermediary proves—

(a)the matter was published using one or more of the following services provided by the intermediary—

(i)a caching service;

(ii)a conduit service;

(iii)a storage service; and

(b)the intermediary's role in the publication was limited to providing one or more of the services mentioned in paragraph (a); and

(c)the intermediary did not do any of the following—

(i)initiate the steps required to publish the matter;

(ii)select any of the recipients of the matter;

(iii)encourage the poster of the matter to publish the matter;

(iv)edit the content of the matter, whether before or after it was published;

(v)promote the matter, whether before or after it was published.

(2)Subsection (1)(c) does not apply in relation to action taken because it is required by or under a law of an Australian jurisdiction or an order of an Australian court or Australian tribunal.

Example

Action taken to comply with a code of conduct or other document regulating conduct that a digital intermediary is required to comply with by a law of an Australian jurisdiction.

(3)Subsection (1) applies regardless of whether the digital intermediary knew, or ought reasonably to have known, the digital matter was defamatory.

10DExemption for search engine providers

(1)A search engine provider for a search engine is not liable for defamation for—

(a)the publication of digital matter comprised of search results if the provider's role was limited to providing an automated process for the user of the search engine to generate the results; or

(b)the publication of digital matter to which the search results provide a hyperlink if the provider's role in the publication of the matter is limited to the role mentioned in paragraph (a).

(2)Subsection (1) does not apply in relation to search results, or to digital matter to which the search results provide hyperlinks, to the extent the results are promoted or prioritised by the search engine provider because of a payment or other benefit given to the provider by or on behalf of a third party.

(3)Subsection (1) applies regardless of whether the search engine provider knew, or ought reasonably to have known, the digital matter was defamatory.

10EEarly determination of digital intermediary exemptions

(1)The judicial officer in a defamation proceeding—

(a)is to determine whether a defendant has a digital intermediary exemption; and

(b)is to determine whether a digital intermediary exemption is established as soon as practicable before the trial for the proceeding commences unless satisfied that there are good reasons to postpone the determination to a later stage of the proceeding; and

(c)may make any orders the judicial officer considers appropriate concerning the determination of the issue, including dismissing the proceeding if satisfied the digital intermediary exemption is established.

(2)Without limiting subsection (1)—

(a)the following matters are relevant in deciding whether there are good reasons to postpone the determination of whether a digital intermediary exemption is established to a later stage of the proceeding—

(i)the cost implications for the parties;

(ii)the resources available to the court at the time;

(iii)the extent to which technical or scientific issues are raised in the proceeding;

(iv)the extent to which establishing the digital intermediary exemption is linked to other issues for determination during the trial for the proceeding; and

(b)the judicial officer may determine a digital intermediary exemption is established on the pleadings without the need for further evidence if satisfied that the pleaded particulars are sufficient to establish the exemption.

(3)Nothing in this section limits the powers that a judicial officer may have apart from this section to dismiss a defamation proceeding, whether before or after the trial for the proceeding commences.

(4)In this section—

digital intermediary exemption means an exemption from liability for defamation mentioned in section 10C or 10D.".

16Content of offer to make amends

(1)For section 15(1A)(b) of the Defamation Act 2005 substitute—

"(b)if the matter is digital matter—an offer to take access prevention steps in relation to the matter; or".

(2)After section 15(1A) of the Defamation Act 2005 insert—

"(1B)If the matter in question is digital matter, an offer to take access prevention steps may be made instead of, or in addition to, either or both of the offers mentioned in subsection (1)(d) and (e).".

17New section 23A inserted

After section 23 of the Defamation Act 2005 insert—

"23A   Orders for preliminary discovery about posters of digital matter

(1)This section applies if the court procedure law for a court allows a person seeking to bring a defamation proceeding for the publication of digital matter to obtain an order for, or in the nature of, preliminary discovery for either or both of the following purposes—

(a)to obtain information to assist in identifying a poster of the matter;

(b)to obtain information to assist in locating a physical or digital address for the poster of the matter to allow a concerns notice to be given to them or a defamation proceeding against them to be commenced.

(2)Despite anything to the contrary in the court procedure law for a court, the court must take the following matters into account before making an order mentioned in subsection (1)—

(a)the objects of this Act;

(b)privacy, safety or other public interest considerations that may arise if the order is made.

Example

Evidence suggesting the poster of digital matter is in fear of domestic violence from the person seeking an order to obtain the poster's address.

(3)This section does not limit the matters the court may take into account before making an order mentioned in subsection (1).

(4)In this section—

court procedure law for a court means—

(a)rules of court for the court; or

(b)an Act or other legislation that regulates the practice or procedure of the court; or

(c)the general law concerning the inherent or implied jurisdiction or powers of the court.".

18New section 31A inserted

After section 31 of the Defamation Act 2005 insert—

"31A   Defence for publications involving digital intermediaries

(1)It is a defence to the publication of defamatory digital matter if the defendant proves—

(a)the defendant was a digital intermediary in relation to the publication; and

(b)the defendant had, at the time of the publication, an accessible complaints mechanism for the plaintiff to use; and

(c)if the plaintiff gave the defendant a written complaint under this section about the publication—reasonable access prevention steps, if steps were available, were taken in relation to the publication, whether before the complaint was given or within 7 days after the complaint was given.

Note

The defendant is not required to prove paragraph (c) to establish the defence if the plaintiff has not given the defendant a complaint about the publication under this section. Subsection (3) sets out requirements for giving complaints.

(2)For subsection (1)(c), reasonable access prevention steps were taken in relation to the publication of digital matter if—

(a)for access prevention steps taken by the defendant—the steps taken were reasonable for the defendant to take in the circumstances; or

(b)for access prevention steps taken by another person—it was reasonable for the defendant not to take steps because of the steps already taken.

(3)A written complaint is given under this section about the publication of defamatory digital matter if—

(a)the complaint contained information sufficient to enable a reasonable person in the defendant's circumstances to be made aware of the following—

(i)the name of the plaintiff;

(ii)the matter and where it could be located;

(iii)that the plaintiff considered the matter to be defamatory; and

(b)the complaint was given using an accessible complaints mechanism for the plaintiff to use or given to the defendant in another way permitted by section 44.

(4)A defence under this section is defeated only if the plaintiff proves the defendant was actuated by malice in establishing or providing the online service by means of which the digital matter was published.

(5)A defendant who would otherwise be a digital intermediary in relation to the publication of digital matter does not cease to be a digital intermediary for this section merely because the defendant took steps to detect or identify, or steps to remove, block, disable or otherwise prevent access by persons to, the following—

(a)defamatory or other unlawful content published, or sought to be published, by a person using the online service provided by the defendant;

(b)other content published, or sought to be published, by a person using the online service provided by the defendant that was incompatible with the terms or conditions under which the service was provided.

Note

This subsection allows a defendant to rely on the defence despite the definition of digital intermediary in section 4 excluding authors, originators or posters of digital matter if the defendant's editorial or moderating role over content published using the online service was limited to the steps mentioned in the subsection.

(6)In this section—

accessible complaints mechanism for a plaintiff to use means an easily accessible address, location or other mechanism available for the plaintiff to use to complain to the defendant about the publication of the digital matter concerned.

Examples

1An email address or direct messaging address to which a complaint may be sent.

2A webpage, or a part of a webpage, enabling details about a complaint to be uploaded or inputted.".

19New section 39A inserted

After section 39 of the Defamation Act 2005 insert—

"39A   Orders against non‑party digital intermediaries concerning defamatory digital matter

(1)This section applies in relation to a defamation proceeding for the publication of digital matter if—

(a)the plaintiff has obtained judgment for defamation against the defendant in the proceeding; or

(b)a court has granted a temporary injunction or makes another temporary order preventing the defendant from continuing to publish, or from republishing, the matter pending the determination of the proceeding; or

(c)a court has granted a final injunction or makes another final order preventing the defendant from continuing to publish, or from republishing, the matter.

(2)In a defamation proceeding to which this section applies, the court may order a digital intermediary who is not a party to the proceeding (a non‑party digital intermediary) to take access prevention steps or other steps the court considers necessary in the circumstances—

(a)to prevent or limit the continued publication or republication of the matter; or

(b)to comply with, or otherwise give effect to, the judgment, injunction or other order mentioned in subsection (1).

(3)Without limiting subsection (2), an order under this section may—

(a)require one or more steps to be taken; or

(b)require a step to be taken in relation to all, or only some, of the users of an online service.

(4)The court may not make an order under this section against a non‑party digital intermediary unless the intermediary has been given an opportunity to be heard about whether it is appropriate for the order to be made.

(5)Despite subsection (4), the court may make a temporary order without giving the non‑party digital intermediary an opportunity to be heard about whether it is appropriate to make the order if the court considers it necessary in the circumstances for the order to be made expeditiously pending a subsequent hearing concerning whether a further temporary order or a final order should be made.

(6)An order may be made under this section even if the non‑party digital intermediary is not, or may not be, liable for defamation, including because of a defence, for the publication of the digital matter to which the defamation proceeding relates.

(7)This section does not limit other powers the court may have apart from this section to grant injunctions or make other orders requiring a non‑party digital intermediary to take access prevention steps or other steps.".

20Giving of notices and other documents

In section 44 of the Defamation Act 2005—

(a)for subsection (1)(a)(iv) substitute—

"(iv)by sending it by email, messaging or other electronic communication to an electronic address or location indicated by the person for giving documents to, or serving documents on, the person; or

Examples

1An email address or direct messaging address set out on an internet‑based social media forum for contacting the administrator of the forum about content on the forum.

2An email address or direct messaging address provided by the poster of digital matter on an internet‑based social media forum for contacting the poster about the content of the matter.

3A form on a website provided by a digital intermediary enabling a user to contact the intermediary by filling in the form or uploading documents.";

(b)for subsection (1)(b)(iii) substitute—

"(iii)by sending it by email, messaging or other electronic communication to an electronic address or location indicated by the body corporate for giving documents to, or serving documents on, the body corporate.

Examples

1An email address or direct messaging address set out on an internet‑based social media forum for contacting the administrator of the forum about content on the forum.

2An email address or direct messaging address provided by the poster of digital matter on an internet‑based social media forum for contacting the poster about the content of the matter.

3A form on a website provided by a digital intermediary enabling a user to contact the intermediary by filling in the form or uploading documents.";

(c)in subsection (2), for "served" substitute "given or served".

21New Division 2 of Part 6 inserted

After section 47 of the Defamation Act 2005 insert—

"Division 2—Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024

Subdivision 1—Digital intermediaries

48Definitions

In this Subdivision—

2024 amendments means amendments made to this Act by Division 2 of Part 4 of the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024;

existing law, in relation to the 2024 amendments about a subject, means the law that would have applied if the amendments had not been enacted;

post‑commencement action, in relation to the 2024 amendments about a subject, means a cause of action for the publication of defamatory matter accruing after the commencement of the amendments;

pre‑commencement action, in relation to the 2024 amendments about a subject, means a cause of action for the publication of defamatory matter accruing before the commencement of the amendments.

49Digital intermediary amendments

(1)This section applies to the 2024 amendments about (the digital intermediary amendments)—

(a)exempting digital intermediaries from liability for defamation; or

(b)providing a defence for publications of defamatory digital matter involving digital intermediaries.

(2)Except as provided by subsection (3)(b), the digital intermediary amendments apply to a post‑commencement action.

(3)The existing law continues to apply despite the digital intermediary amendments—

(a)to a pre‑commencement action; and

(b)to a post‑commencement action, but only if—

(i)the post‑commencement action is one of 2 or more causes of action in a proceeding commenced by a plaintiff; and

(ii)each cause of action in the proceeding accrues because of the publication of the same, or substantially the same, matter on separate occasions, whether by the same defendant or another defendant; and

(iii)one or more of the other causes of action in the proceeding are pre‑commencement actions; and

(iv)the post‑commencement action accrued no later than 12 months after the date on which the earliest pre‑commencement action in the proceeding accrued.

50Offer amendments

(1)This section applies to the 2024 amendments about offers to make amends (the offer amendments).

(2)The offer amendments apply to offers to make amends made after the commencement of the amendments regardless of whether the offers relate to publications occurring before or after the commencement.

(3)The existing law continues to apply despite the offer amendments to offers to make amends made before the commencement of the amendments.

51Preliminary discovery or non‑party digital intermediary order amendments

(1)This section applies to the 2024 amendments about courts making orders (the preliminary discovery or non‑party digital intermediary order amendments)—

(a)for, or in the nature of, preliminary discovery; or

(b)to take steps—

(i)to prevent or limit the continued publication or republication of defamatory matter; or

(ii)to comply with, or otherwise give effect to, judgments, injunctions or other court orders.

(2)Except as provided by subsection (3)(b), the preliminary discovery or non‑party digital intermediary order amendments apply to the making of an order after the commencement of the amendments regardless of whether the proceeding in which they are made—

(a)involves a pre‑commencement action or post‑commencement action; or

(b)were commenced before, on or after the commencement of the amendments.

(3)The existing law continues to apply despite the preliminary discovery or non‑party digital intermediary order amendments—

(a)to an order made before the commencement of the amendments; or

(b)to the variation or revocation of an order made before the commencement of the amendments.

52Document giving or service amendments

(1)This section applies to the 2024 amendments about the ways in which notices or other documents for the purposes of this Act must or may be given to, or served on, individuals or bodies corporate (the document giving or service amendments).

(2)The document giving or service amendments apply to the giving or service of notices or other documents after the commencement of the amendments regardless of whether the notices or other documents relate—

(a)to pre‑commencement actions or post‑commencement actions; or

(b)to a proceeding commenced before, on or after the commencement of the amendments.

(3)The existing law continues to apply despite the document giving or service amendments to the giving or service of notices or other documents before the commencement of the amendments.".

Division 3—Absolute privilege

22Defence of absolute privilege

(1)After section 27(2)(b) of the Defamation Act 2005 insert—

"(ba)the matter is published to a person who, at the time of the publication, is an official of a police force or service of an Australian jurisdiction and it is published to the official while the official is acting in an official capacity; or".

(2)After section 27(2) of the Defamation Act 2005 insert—

"(3)In this section—

official of a police force or service of an Australian jurisdiction means—

(a)an officer, employee or member of staff of the police force or service; or

(b)another person engaged to act for or on behalf of the police force or service.".

23New Subdivision 2 of Division 2 of Part 6 inserted

At the end of Part 6 of the Defamation Act 2005 insert—

"Subdivision 2—Absolute privilege

53Absolute privilege amendments

(1)This section applies to the amendments made to this Act by Division 3 of Part 4 of the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 (the absolute privilege amendments).

(2)The absolute privilege amendments apply to a post‑commencement action.

(3)The existing law continues to apply despite the absolute privilege amendments to a pre‑commencement action.

(4)In this section—

existing law, in relation to the absolute privilege amendments, means the law that would have applied if the amendments had not been enacted;

post‑commencement action, in relation to the absolute privilege amendments, means a cause of action for the publication of defamatory matter accruing after the commencement of the amendments;

pre‑commencement action, in relation to the absolute privilege amendments, means a cause of action for the publication of defamatory matter accruing before the commencement of the amendments.".

PART 5—AMENDMENTS RELATING TO THE NATIONAL ANTI‑CORRUPTION COMMISSION

Division 1—Amendment of Independent
Broad‑based Anti‑corruption Commission Act 2011

24Definitions

In section 3(1) of the Independent Broad‑based Anti‑corruption Commission Act 2011, in the definition of integrity body—

(a)for paragraph (f) substitute—

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

(b)for paragraph (i) substitute—

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

(c)after paragraph (nc) insert—

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

Division 2—Amendment of Victoria Police Act 2013

25Definitions

In section 3(1) of the Victoria Police Act 2013, in the definition of investigative agency—

(a)for paragraph (g) substitute—

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

(b)for paragraph (l) substitute—

"(l)the National Anti‑Corruption Commission established under the National Anti‑Corruption Commission Act 2022 of the Commonwealth;".

Division 3—Amendment of Criminal Procedure Act 2009

26Schedule 3 amended

For item 8 in Schedule 3 to the Criminal Procedure Act 2009 substitute—

"8A person who is an authorised officer within the meaning of section 7 of the National Anti‑Corruption Commission Act 2022 of the Commonwealth.".

PART 6—AMENDMENT OF PUBLIC INTEREST MONITOR ACT 2011 AND RELATED ACTS

Division 1—Amendment of Public Interest Monitor Act 2011

27Section 3 amended

(1)In the heading to section 3 of the Public Interest Monitor Act 2011, for "Object" substitute "Objects".

(2)After section 3(f) of the Public Interest Monitor Act 2011 insert—

"(fa)international production orders;

(fb)counter‑terrorism intelligence protection orders;".

(3)In section 3(j) of the Public Interest Monitor Act 2011, after "to (i)" insert ", other than a counter‑terrorism intelligence protection order".

(4)At the end of section 3 of the Public Interest Monitor Act 2011 insert—

"(2)It is also an object of this Act to provide further safeguards for—

(a)police detention decisions; and

(b)periodic reviews.".

28Definitions

In section 4 of the Public Interest Monitor Act 2011—

(a)insert the following definitions—

"international production order has the same meaning as it has in Schedule 1 to the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;

periodic review has the same meaning as it has in the Terrorism (Community Protection) Act 2003;

police detention decision has the same meaning as it has in the Terrorism (Community Protection) Act 2003;";

(b)in the definition of relevant application, after paragraph (f) insert—

"(fa)an international production order;".

29Confidentiality

(1)In section 17(2) of the Public Interest Monitor Act 2011—

(a)after "lawfully intercepted information" insert "or protected information";

(b)for "section 63 of" substitute "section 63 of, or clause 152 of Schedule 1 to,".

(2)After section 17(3) of the Public Interest Monitor Act 2011 insert—

"(4)In this section—

lawfully intercepted information has the meaning given by section 6E of the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;

protected information has the meaning given by clause 2 of Schedule 1 to the Telecommunications (Interception and Access) Act 1979 of the Commonwealth.".

30Annual report

In section 19 of the Public Interest Monitor Act 2011—

(a)in subsection (3)(e), for "year." substitute "year; and";

(b)after subsection (3)(e) insert—

"(f)the number of notifications in relation to police detention decisions under Division 2 of Part 1A of the Terrorism (Community Protection) Act 2003; and

(g)the number of submissions made in relation to the conduct of periodic reviews under section 4K of the Terrorism (Community Protection) Act 2003.".

Division 2—Amendment of Telecommunications (Interception) (State Provisions) Act 1988

31Definitions

In section 3(1) of the Telecommunications (Interception) (State Provisions) Act 1988 insert the following definitions—

"individual message/call application service has the same meaning as it has in Schedule 1 to the Commonwealth Act;

individual transmission service has the same meaning as it has in Schedule 1 to the Commonwealth Act;

international production order has the same meaning as it has in Schedule 1 to the Commonwealth Act;

telephone application has the same meaning as it has in Schedule 1 to the Commonwealth Act;".

32Heading to Part 1A amended

In the heading to Part 1A of the Telecommunications (Interception) (State Provisions) Act 1988, after "Monitor" insert
"—Part 2‑5 Warrants".

33New Part 1B inserted

After Part 1A of the Telecommunications (Interception) (State Provisions) Act 1988 insert—

"PART 1B—FUNCTIONS OF PUBLIC INTEREST MONITOR—INTERNATIONAL PRODUCTION ORDERS

4FApplication of this Part

This Part applies if an officer of the Police Force or an IBAC Officer intends to apply under clause 22 or 52 of Schedule 1 to the Commonwealth Act for an international production order in respect of—

(a)one or more individual transmission services; or

(b)one or more individual message/call application services.

4GPublic Interest Monitor must be notified

(1)The officer must notify a Public Interest Monitor of the application in accordance with the regulations made under the Public Interest Monitor Act 2011.

(2)If the officer intends to make the application in writing, the officer must give the Public Interest Monitor—

(a)a copy of the written application; and

(b)in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act, a copy of the affidavit required under clause 25 of Schedule 1 to the Commonwealth Act to accompany the written application; and

(c)in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act, a copy of the affidavit required under clause 55 of Schedule 1 to the Commonwealth Act to accompany the written application.

(3)If the officer intends to make a telephone application, the officer must give the Public Interest Monitor—

(a)in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act, the information required under clause 26 of Schedule 1 to the Commonwealth Act to be given on a telephone application; and

(b)in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act, the information required under clause 56 of Schedule 1 to the Commonwealth Act to be given on a telephone application.

4HFull disclosure to Public Interest Monitor

(1)The officer must fully disclose to the Public Interest Monitor all matters of which the officer is aware that are adverse to the issuing of the international production order.

(2)The officer must not knowingly or recklessly fail to comply with subsection (1).

Penalty:60 penalty units or imprisonment for 6 months or both.

4IPublic Interest Monitor to be given further information

If further information is required under clause 27 or 57 of Schedule 1 to the Commonwealth Act to be given in connection with the application, the officer must also give the Public Interest Monitor that information.

4JRole of Public Interest Monitor

(1)The Public Interest Monitor is entitled—

(a)to appear at the hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and

(b)for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—

(i)to ask questions of any person giving information on the application; and

(ii)to make submissions to the issuing authority about the appropriateness of issuing the international production order; and

(c)to make submissions to the issuing authority about the following matters—

(i)in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual transmission services, the matters referred to in clause 30(5)(a)(i) to (vi) of Schedule 1 to the Commonwealth Act;

(ii)in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual message/call application services, the matters referred to in clause 30(5)(b)(i) to (vi) of Schedule 1 to the Commonwealth Act;

(iii)in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual transmission services, the matters referred to in clause 60(5)(a) to (g) of Schedule 1 to the Commonwealth Act;

(iv)in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual message/call application services, the matters referred to in clause 60(6)(a) to (g) of Schedule 1 to the Commonwealth Act.

(2)Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions in person, or by phone, fax, email or any other reasonable way.

(3)As soon as practicable after the application is heard, the Public Interest Monitor must return to the officer any documents given by the officer to the Public Interest Monitor under section 4G, 4H or 4I in relation to the application.

4KConfidentiality provisions do not apply

(1)This section applies to—

(a)an officer of the Police Force or an IBAC Officer; and

(b)a person referred to in section 4J(1)(b)(i).

(2)An obligation to maintain secrecy in relation to, or that otherwise restricts, the disclosure of information or the production of documents in the possession of a person to whom this section applies, whether imposed under an Act or by a rule of law, does not apply to the disclosure of information or the production of a document under this Part.".

Division 3—Amendment of Terrorism (Community Protection) Act 2003

34Authorised police officer to notify Public Interest Monitor about certain things relating to police detention decisions

In section 4G(2) of the Terrorism (Community Protection) Act 2003, after "regulations" insert "under the Public Interest Monitor Act 2011".

35Nominated senior police officer to notify Public Interest Monitor about certain matters relating to police detention decisions

In section 4H(2) of the Terrorism (Community Protection) Act 2003, after "regulations" insert "under the Public Interest Monitor Act 2011".

Division 4—Consequential amendment of Victorian Inspectorate Act 2011

36Definitions

In section 3(1) of the Victorian Inspectorate Act 2011, in the definition of prescribed obligations—

(a)after paragraph (c) insert—

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

(b)in paragraph (d), after "4F(4)" insert "or 4N".

PART 7—AMENDMENT OF FREEDOM OF INFORMATION ACT 1982

37Publication of information concerning functions etc. of agencies

Section 7(1)(a)(viii) of the Freedom of Information Act 1982 is repealed.

38Part not to apply to certain documents

(1)For section 14(1)(a) of the Freedom of Information Act 1982 substitute—

"(a)a document which contains information that is open to public access as part of a public register or is published on an Internet site that is owned or maintained by an agency or otherwise, whether or not that access is free of charge or subject to a fee or other charge; or".

(2)In section 14(1)(c) of the Freedom of Information Act 1982, for "Victoria;" substitute "Victoria; or".

39Amendments in relation to practicability

In sections 29(2), 29A(1D), 31(5) and (6), 31A(2), 33(2C)(b) and (3), 34(3) and 35(1B)(b) of the Freedom of Information Act 1982, before "practicable" insert "reasonably".

40Preliminary inquiries

In section 49K(b) of the Freedom of Information Act 1982, for "by agreement between the parties" substitute "informally".

41Section 49N substituted

For section 49N of the Freedom of Information Act 1982 substitute—

49NInformal resolution of review"

(1)If the Information Commissioner determines that it is reasonably possible to resolve the matter that is the subject of the application for review informally, the Information Commissioner must take reasonable steps to resolve the matter.

(2)If the matter is resolved informally, the Information Commissioner must record the outcome in writing.

(3)Informal resolution of a matter under subsection (1) is not a decision on the review for the purposes of this Act.".

42Complaints

After section 61A(5) of the Freedom of Information Act 1982 insert—

"(6)It is the duty of employees in the office of the Information Commissioner to assist an individual to make a complaint in writing if the individual is otherwise unable to do so.".

43Informal resolution

At the end of section 61GB of the Freedom of Information Act 1982 insert—

"(2)If the complaint is resolved informally, the Information Commissioner must record the outcome in writing.

(3)A complainant may take no further action under this Act in relation to the subject matter of a complaint that is resolved informally.".

44Confidentiality notice

(1)For section 61TJ(1) of the Freedom of Information Act 1982 substitute—

"(1)During an investigation on a public interest complaint—

(a)if the Information Commissioner considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice—

(i)an investigation by the IBAC or the Victorian Inspectorate; or

(ii)the safety or reputation of a person; or

(iii)the fair trial of a person who has been, or may be, charged with an offence—

the Information Commissioner must issue a confidentiality notice in respect of the investigation to a person (other than an IBAC officer or a Victorian Inspectorate officer) specifying the restricted matter or restricted matters in accordance with this section; and

(b)if the Information Commissioner considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice the investigation by the Information Commissioner, the Information Commissioner may issue a confidentiality notice in respect of the investigation to a person (other than an IBAC officer or a Victorian Inspectorate officer) specifying the restricted matter or restricted matters in accordance with this section.".

(2)In section 61TJ(3), (4) and (5) of the Freedom of Information Act 1982, for "(1)(a), (b) or (c)" substitute "(1)(a) or (b)".

45Extension of confidentiality notice

In section 61TK(2) of the Freedom of Information Act 1982, for "61TJ(1)(a), (b) or (c)" substitute "61TJ(1)(a) or (b)".

46Section 61TL amended

(1)In the heading to section 61TL of the Freedom of Information Act 1982, for "IBAC" substitute "Victorian Inspectorate".

(2)In section 61TL of the Freedom of Information Act 1982, for "IBAC" substitute "Victorian Inspectorate".

47Disclosure subject to confidentiality notice

In section 61TM(2)(f)(i)(B) of the Freedom of Information Act 1982, for "the Workplace Relations Act 1996" substitute "section 93AB(11) of the Competition and Consumer Act 2010".

48Office of the Information Commissioner to report to the Victorian Inspectorate on issue of notice to produce or attend

At the end of section 61ZD of the Freedom of Information Act 1982 insert—

"(2)Within 3 days after the issue of a notice under section 61V varying or revoking a notice to produce or attend, the Information Commissioner must give a written report to the Victorian Inspectorate specifying—

(a)the notice to produce or attend to which the variation or revocation relates; and

(b)the reasons why the notice to produce or attend was varied or revoked; and

(c)in the case of a variation, the nature of the variation.".

49Special requirements for production of documents claimed to be exempt under section 28, 29A, 31 or 31A

(1)In section 63D(5) of the Freedom of Information Act 1982, for "If" substitute "Subject to subsection (6), if".

(2)After section 63D(5) of the Freedom of Information Act 1982 insert—

"(6)If it is not reasonably practicable for the Information Commissioner to comply with subsection (5)(a), the Information Commissioner must—

(a)ensure that the document is retained in a secure form; and

(b)advise the agency or the Minister in writing that the inspection of the document has been completed and the document will be retained by the Information Commissioner in a secure form.".

50Reporting by Information Commissioner

(1)Section 64(1) of the Freedom of Information Act 1982 is repealed.

(2)In section 64(2) of the Freedom of Information Act 1982—

(a)for "The report must contain" substitute "In its report of operations for a financial year under Part 7 of the Financial Management Act 1994, the Information Commissioner must include";

(b)paragraph (k) is repealed.

(3)Section 64(5) of the Freedom of Information Act 1982 is repealed.

(4)In section 64(6) of the Freedom of Information Act 1982—

(a)for "Information Commissioner transmits the annual report to the Parliament under subsection (5)" substitute "report is laid before each House of the Parliament";

(b)for "copy of the annual report" substitute "copy of the report";

(c)after paragraph (a) insert—

"(ab)the Secretary to the Department of Justice and Community Safety; and".

PART 8—AMENDMENT OF PRIVACY AND DATA PROTECTION ACT 2014

51Definitions

In section 3 of the Privacy and Data Protection Act 2014, in the definition of law enforcement agency, after paragraph (m) insert—

"(ma)the Victorian Legal Services Board within the meaning of the Legal Profession Uniform Law Application Act 2014; or

(mb)the Victorian Legal Services Commissioner within the meaning of the Legal Profession Uniform Law Application Act 2014; or".

52Circumstances in which Information Commissioner may decline to entertain complaint

After section 62(1)(e) of the Privacy and Data Protection Act 2014 insert—

"(ea)the complainant has failed to co‑operate with the Information Commissioner without reasonable excuse; or".

53Information Commissioner may refer complaint

In section 63(1)(g) of the Privacy and Data Protection Act 2014, for "Commissioner" substitute "Commission".

54Minister may refer a complaint direct to VCAT

In section 65(1) of the Privacy and Data Protection Act 2014, after "process of" insert "informal resolution or is".

55New sections 65A and 65B inserted

After section 65 of the Privacy and Data Protection Act 2014 insert—

65APreliminary inquiries and consultation"

The Information Commissioner may do any of the following to determine whether a complaint can be resolved informally—

(a)conduct preliminary inquiries into the complaint;

(b)consult with the respondent to the complaint and the complainant.

65BInformal resolution

(1)If the Information Commissioner determines that it is reasonably possible to resolve a complaint informally, the Information Commissioner must take reasonable steps to resolve the complaint.

(2)If the complaint is resolved informally, the Information Commissioner must record the outcome in writing.

(3)A complainant may take no further action under this Act in relation to the subject matter of a complaint that is resolved informally.".

56Conciliation process

In section 67(1) of the Privacy and Data Protection Act 2014, after "If" insert "the complaint cannot be resolved informally and".

57Office of the Information Commissioner to report to the Victorian Inspectorate on issue of notice to produce or attend

At the end of section 83D of the Privacy and Data Protection Act 2014 insert—

"(2)Within 3 days after the issue of a notice under section 83B varying or revoking a notice to produce or attend, the Information Commissioner must give a written report to the Victorian Inspectorate specifying—

(a)the notice to produce or attend to which the variation or revocation relates; and

(b)the reasons why the notice to produce or attend was varied or revoked; and

(c)in the case of a variation, the nature of the variation.".

58Information Commissioner may issue protective data security standards

(1)In section 86(1) of the Privacy and Data Protection Act 2014, for "security, confidentiality and integrity" substitute "confidentiality, integrity and availability".

(2)For section 86(4) of the Privacy and Data Protection Act 2014 substitute—

"(4)The Information Commissioner must not issue a protective data security standard unless it has been agreed to by the Minister.".

59Exemption—Freedom of Information Act 1982

In section 90 of the Privacy and Data Protection Act 2014, after "plan" insert "or a security risk profile assessment undertaken for the purposes of section 89".

60Section 116 substituted

For section 116 of the Privacy and Data Protection Act 2014 substitute—

116Report on performance and exercise of powers"

In its report of operations for a financial year under Part 7 of the Financial Management Act 1994, the Information Commissioner must include a report on the performance and exercise of the Information Commissioner's functions and powers under this Act during the relevant year.".

61The Information Privacy Principles

In Schedule 1 to the Privacy and Data Protection Act 2014, in the definition of sensitive information, in paragraph (h), for "preferences" substitute "orientation".

PART 9—AMENDMENT OF PUBLIC INTEREST DISCLOSURES ACT 2012 AND RELATED ACTS

Division 1—Amendment of Public Interest Disclosures Act 2012

62Persons or bodies to which certain public interest disclosures must be made

In section 14 of the Public Interest Disclosures Act 2012—

(a)paragraph (e)(i) is repealed;

(b)after paragraph (e) insert—

"(ea)to the IBAC, the Ombudsman or the Chief Municipal Inspector, if the disclosure relates to a Councillor;".

63Section 16 amended

(1)In the heading to section 16 of the Public Interest Disclosures Act 2012, after "disclosures" insert "relating".

(2)In section 16(1) of the Public Interest Disclosures Act 2012, after "that Council" insert "or to the Chief Municipal Inspector".

(3)In section 16(2) of the Public Interest Disclosures Act 2012, after "a Council" insert "or to the Chief Municipal Inspector".

64Advice to person making disclosure to entity other than a Presiding Officer

For section 24(3)(a) of the Public Interest Disclosures Act 2012 substitute—

"(a)the receiving entity considers that—

(i)the disclosure does not show or tend to show—

(A)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or

(B)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or

(ii)the person who made the disclosure does not believe on reasonable grounds that it shows or tends to show—

(A)a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or

(B)a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; and".

65Circumstances in which information may be disclosed

In section 54 of the Public Interest Disclosures Act 2012—

(a)for subsection (2)(c) and (d) substitute—

"(c)for the purpose of a proceeding for an offence against a relevant Act;

(d)for the purpose of a disciplinary process or action instituted in respect of conduct that could constitute an offence against a relevant Act;";

(b)in subsection (2)(j)(ii), for "the Workplace Relations Act 1996" substitute "section 93AB(11) of the Competition and Consumer Act 2010";

(c)in subsection (3), in the definition of witness summons, in paragraph (c), for "section 17 of the Evidence (Miscellaneous Provisions) Act 1958" substitute "section 18(1) of the Ombudsman Act 1973".

Division 2—Amendment of Judicial Commission of Victoria Act 2016

66Referrals by the IBAC

In section 9(1) of the Judicial Commission of Victoria Act 2016, after "section 73" insert ", 73A".

Division 3—Amendment of Local Government Act 2020

67Definitions

In section 3(1) of the Local Government Act 2020 insert the following definitions—

"IBAC Officer has the meaning given by section 3(1) of the Independent Broad‑based Anti‑corruption Commission Act 2011;

Victorian Inspectorate Officer has the meaning given by section 3(1) of the Victorian Inspectorate Act 2011;".

68Confidentiality notice

(1)For section 193(1) of the Local Government Act 2020 substitute—

"(1)During an investigation on a public interest complaint—

(a)if the Chief Municipal Inspector considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice—

(i)an investigation by the IBAC or the Victorian Inspectorate; or

(ii)the safety or reputation of a person; or

(iii)the fair trial of a person who has been, or may be, charged with an offence—

the Chief Municipal Inspector must issue a confidentiality notice in respect of the investigation to a person (other than an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or restricted matters in accordance with this section; and

(b)if the Chief Municipal Inspector considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice an investigation by the Chief Municipal Inspector, the Chief Municipal Inspector may issue a confidentiality notice in respect of the investigation to a person (other than an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or restricted matters in accordance with this section.".

(2)In section 193(3), (4) and (5) of the Local Government Act 2020, for "(1)(a), (b) or (c)" substitute "(1)(a) or (b)".

69Extension of confidentiality notice

In section 194(2) of the Local Government Act 2020, for "193(1)(a), (b) or (c)" substitute "193(1)(a) or (b)".

Division 4—Amendment of Racing Act 1958

70Confidentiality notice

(1)For section 37T(1) of the Racing Act 1958 substitute—

"(1)During an investigation on a public interest complaint—

(a)if the Racing Integrity Commissioner considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice—

(i)an investigation by the IBAC or the Victorian Inspectorate; or

(ii)the safety or reputation of a person; or

(iii)the fair trial of a person who has been, or may be, charged with an offence—

the Racing Integrity Commissioner must issue a confidentiality notice in respect of the investigation to a person (other than an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or restricted matters in accordance with this section; and

(b)if the Racing Integrity Commissioner considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice an investigation by the Racing Integrity Commissioner, the Racing Integrity Commissioner may issue a confidentiality notice in respect of the investigation to a person (other than an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or restricted matters in accordance with this section.".

(2)In section 37T(3), (4) and (5) of the Racing Act 1958, for "(1)(a), (b) or (c)" substitute "(1)(a) or (b)".

71Extension of confidentiality notice

In section 37U(2) of the Racing Act 1958, for "37T(1)(a), (b) or (c)" substitute "37T(1)(a) or (b)".

72Disclosure subject to confidentiality notice

In section 37W(2)(f)(i)(B) of the Racing Act 1958, after "union" insert "within the meaning of section 93AB(11) of the Competition and Consumer Act 2010".

PART 10—AMENDMENT OF INDEPENDENT BROAD‑BASED ANTI‑CORRUPTION COMMISSION ACT 2011

73Definitions

In section 3(1) of the Independent Broad‑based Anti‑corruption Commission Act 2011—

(a)in the definition of mandatory notification provision, in paragraph (i), for "2013." substitute "2013;";

(b)in the definition of Royal Commission record, in paragraph (c), for "or (b)." substitute "or (b);".

74Disclosure or provision of information by the IBAC

(1)In section 41(1) of the Independent Broad‑based Anti‑corruption Commission Act 2011—

(a)in paragraph (i), for "subsection." substitute "subsection;";

(b)after paragraph (i) insert—

"(j)a Commission of Inquiry appointed under Division 5 of Part 7 of the Local Government Act 2020.".

(2)In section 41(5) of the Independent Broad‑based Anti‑corruption Commission Act 2011, in the definition of senior officer, for "section;" substitute "section.".

75Disclosure subject to confidentiality notice

(1)For the notes at the foot of section 44(1) of the Independent Broad‑based Anti‑corruption Commission Act 2011 substitute—

"Notes

1 A person who is served with or receives a confidentiality notice may be subject to further confidentiality obligations under Part 7 of the Public Interest Disclosures Act 2012.

2     Section 185 applies to an offence against this subsection.".

(2)In section 44(2)(f)(i)(B) of the Independent Broad‑based Anti‑corruption Commission Act 2011, for "the Workplace Relations Act 1996" substitute "section 93AB(11) of the Competition and Consumer Act 2010".

(3)For section 44(2)(f)(iii) of the Independent Broad‑based Anti‑corruption Commission Act 2011 substitute—

"(iii)to a prescribed service, or to a service belonging to a prescribed class, for a prescribed purpose in relation to the service or class;".

76Referral of public interest complaints to other investigating entities

In section 73A(1) of the Independent Broad‑based Anti‑corruption Commission Act 2011—

(a)in paragraph (c), for "1982." substitute "1982;";

(b)after paragraph (c) insert—

"(d)the Judicial Commission.".

77Search warrant

In section 91(3) of the Independent Broad‑based Anti‑corruption Commission Act 2011—

(a)for "person named in the warrant" substitute "authorised officer or police officer";

(b)in paragraphs (b) and (c), after "person" insert "executing the warrant".

78Advance copy of report to the Parliament

After section 162A(1)(a) of the Independent Broad‑based Anti‑corruption Commission Act 2011 insert—

"(ab)the Secretary to the Department of Justice and Community Safety; and

(ac)the Premier; and".

79Regulations—specific matters

In section 196 of the Independent Broad‑based Anti‑corruption Commission Act 2011, after paragraph (fa) insert—

"(fb)a service or a class of service for the purposes of section 44(2)(f)(iii), and the purposes for which a restricted matter can be disclosed in relation to the service or class;".

PART 11—AMENDMENT OF OMBUDSMAN ACT 1973

80Definitions

(1)In section 2(1) of the Ombudsman Act 1973, for the definition of compulsory appearance substitute—

"compulsory appearance means the appearance of a person before the Ombudsman in accordance with a witness summons;".

(2)In section 2(1) of the Ombudsman Act 1973—

(a)for the definition of public body substitute—

"public body has the meaning given by section 2AA;";

(b)insert the following definition—

"public officer has the meaning given by section 2AA;".

(3)Section 2(2A) and (2B) of the Ombudsman Act 1973 are repealed.

81New section 2AA inserted

After section 2 of the Ombudsman Act 1973 insert—

"2AA   Meaning of public body and public officer

(1)In this Act—

public body means, subject to this section—

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

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

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

(d)any other prescribed entity;

public officer means, subject to this section—

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

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

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

(d)the holder of any other statutory office (within the meaning of the Public Administration Act 2004) or a prerogative office (within the meaning of the Public Administration Act 2004); or

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

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

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

(h)a prescribed person or class of persons.

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

(a)the Ombudsman;

(b)a member of Ombudsman staff;

(c)a court;

(d)an exempt person or body.

(3)In determining whether a person or body is performing a public function, any of the following factors may be taken into account—

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

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

(c)whether the body is publicly funded to perform the function.

(4)To avoid doubt—

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

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

82Principal functions of the Ombudsman

In section 13(1)(d) of the Ombudsman Act 1973, for "about conduct by or in an authority or a public interest disclosure entity" substitute "referred to in section 15C".

83Making a complaint

After section 14(1) of the Ombudsman Act 1973 insert—

"(1A)For the purposes of subsection (1), administrative action taken by or in an authority includes administrative action that is taken by a person or body (other than an authority or an exempt person or body)—

28.28In section 38, for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

28.29In section 45, for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

28.30In section 52, for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

28.31In section 53(2)(c), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

28.32In section 54(3)—

(a)in the definition of confidentiality notice, in paragraph (b)—

(i)for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(ii)for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011";

(b)in the definition of relevant Act, in paragraph (c), for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011";

(c)in the definition of witness summons, in paragraph (b)—

(i)for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(ii)for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

28.33In the heading to Part 8, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

28.34In section 55(2), for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

28.35In the heading to section 56, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

28.36In section 56—

(a)for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

28.37In the note at the foot of section 56(1)(d), for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria".

28.38In section 56A(1)(a)—

(a) for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "a Victorian Inspectorate" substitute "an Integrity Oversight Victoria".

28.39In section 57(1)(a), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

28.40In section 59(3), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

28.41In section 60, for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

28.42In section 62, for "The Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

28.43In the heading to section 63, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

28.44In section 63—

(a)for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

28.45In the heading to section 68, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

28.46In section 68—

(a)for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria";

(c)for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

28.47In section 71A—

(a) for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria";

(b)for "a Victorian Inspectorate" substitute "an Integrity Oversight Victoria";

(c)before "Inspector" (wherever occurring) insert "Chief Integrity";

(d)in paragraph (6)—

(i)insert the following definition—

"Chief Integrity Inspector has the same meaning as in the Integrity Oversight Victoria Act 2011.";

(ii)the definition of Inspector is repealed.

28.48In section 73(2), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

28.49In section 75—

(a) for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria";

(b)for "a Victorian Inspectorate" substitute "an Integrity Oversight Victoria".

28.50In the heading to section 77, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

28.51In section 77—

(a) for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria";

(b)for "a Victorian Inspectorate" (where twice occurring) substitute "an Integrity Oversight Victoria".

28.52In Schedule 1—

(a)in clause 32(2) and (3)—

(i) for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(ii)for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011";

(b)in clause 33, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(c)in the heading to clause 34, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(d)in clause 34, for "Victorian Inspectorate Act 2011" (wherever occurring) substitute "Integrity Oversight Victoria Act 2011";

(e)in the heading to clause 35, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(f)in clause 35(4)—

(i) for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(ii)for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

28.53In Schedule 2, in item 3—

(a) for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "A Victorian Inspectorate" substitute "An Integrity Oversight Victoria".

29Public Interest Monitor Act 2011

29.1In section 17(2)(b)—

(a)for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

30Racing Act 1958

30.1In section 3(1), in the definition of IBAC personnel, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

30.2In section 37E(1)(fb)—

(a)for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "Victorian Inspectorate Act 2011;" substitute "Integrity Oversight Victoria Act 2011;".

30.3In section 37L, for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

30.4In section 37Q(2)(d), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

30.5In section 37S(3)(b), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

30.6In section 37T(1)—

(a)for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "a Victorian Inspectorate" (where twice occurring) substitute "an Integrity Oversight Victoria".

30.7In section 37W(5)(b) and (6)(b), for "the Victorian Inspectorate under the Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria under the Integrity Oversight Victoria Act 2011".

30.8In section 37W(11), in the definition of relevant Act, in paragraph (c), for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

31Serious Offenders Act 2018

31.1In section 200(1)(f)(xii)—

(a)for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "Victorian Inspectorate Act 2011;" substitute "Integrity Oversight Victoria Act 2011;".

31.2In section 224(4)(b)(xv)—

(a)for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "Victorian Inspectorate Act 2011;" substitute "Integrity Oversight Victoria Act 2011;".

32Small Business Commission Act 2017

32.1In section 3, in the definition of dispute, in paragraph (g)(vii)—

(a)for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "Victorian Inspectorate Act 2011;" substitute "Integrity Oversight Victoria Act 2011;".

33Social Services Regulation Act 2021

33.1In section 3(1), in the definition of law enforcement agency, in paragraph (i)—

(a)for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "Victorian Inspectorate Act 2011;" substitute "Integrity Oversight Victoria Act 2011;".

33.2In the heading to section 203, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

33.3In section 203, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

34Spent Convictions Act 2021

34.1In section 3, in the definition of law enforcement agency, in paragraph (k)—

(a)for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "Victorian Inspectorate Act 2011;" substitute "Integrity Oversight Victoria Act 2011;".

35State Superannuation Act 1988

35.1In section 16A(6), in the definition of relevant Act, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

36Supreme Court Act 1986

36.1In section 104A(12C), in the definition of recognised service office, in paragraph (k)—

(a)before "Inspector" insert "Chief Integrity";

(b)for "Victorian Inspectorate Act 2011." substitute "Integrity Oversight Victoria Act 2011.".

37Surveillance Devices Act 1999

37.1In section 3(1)—

(a)insert the following definition—

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

(b)the definition of Victorian Inspectorate is repealed.

37.2In section 30F(1)(g), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

37.3In the heading to section 30P, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

37.4In section 30P—

(a)for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

37.5In the heading to section 30Q, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

37.6In section 30Q, for "The Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

38Telecommunications (Interception) (State Provisions) Act 1988

38.1In section 3(1)—

(a)insert the following definitions—

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

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

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

(b)in the definition of inspecting officer, for "a Victorian Inspectorate" substitute "an Integrity Oversight Victoria";

(c)the definitions of Inspector, Victorian Inspectorate and Victorian Inspectorate Officer are repealed.

38.2In the heading to Part 3, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

38.3In section 10, for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria".

38.4In section 11—

(a)for "The Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria";

(b)for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

38.5In section 12, for "The Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

38.6In the heading to section 13, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

38.7In section 13, for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

38.8In section 14, for "The Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

38.9In section 15, for "The Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

38.10In the heading to section 16, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

38.11In section 16, for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

38.12In the heading to section 18, for "Victorian Inspectorate's" substitute "Integrity Oversight Victoria's".

38.13In section 18—

(a)for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

(b)in subsection (2), for "the Victorian Inspectorate's" substitute "Integrity Oversight Victoria's".

38.14In section 19—

(a)for "The Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria";

(b)for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

38.15In the heading to section 20, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

38.16In the heading to section 20B, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

38.17In the heading to section 20C, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

38.18In section 20C—

(a)for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "the Victorian Inspectorate's" substitute "Integrity Oversight Victoria's".

38.19In section 23(2)(a), for "the Victorian Inspectorate's" substitute "Integrity Oversight Victoria's".

38.20After section 26(3) insert—

'(4)On and after the commencement of item 38.20 of Schedule 1 to the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, unless the context otherwise requires—

(a)a reference to the Victorian Inspectorate Act 2011 in this section includes a reference to the Integrity Oversight Victoria Act 2011; and

(b)a reference to "the Victorian Inspectorate" in this section includes a reference to "Integrity Oversight Victoria"; and

(c)a reference to the "Inspector" in this section includes a reference to the "Chief Integrity Inspector".'.

39Terrorism (Community Protection) Act 2003

39.1In section 3(1)—

(a)insert the following definition—

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

(b)the definition of Victorian Inspectorate is repealed.

39.2In the heading to section 11, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

39.3In section 11(1), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

39.4In section 13AZI, in the definition of authorised person, in paragraph (n)—

(a)before "Inspector" (where twice occurring) insert "Chief Integrity";

(b)for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

39.5In the heading to section 13AZZZB, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

39.6In section 13AZZZB(1), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

39.7In section 13ZNH, in the definition of authorised person, in paragraph (n)—

(a)before "Inspector" (where twice occurring) insert "Chief Integrity";

(b)for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

39.8In the heading to Part 6, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

39.9In section 37B—

(a)for "The Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria";

(b)for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

39.10In the heading to section 37C—

(a)before "Inspector" insert "Chief Integrity";

(b)for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

39.11In section 37C(1) to (4)—

(a)before "Inspector" (wherever occurring) insert "Chief Integrity";

(b)for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria";

(c)for "authorised Victorian Inspectorate" (wherever occurring) substitute "authorised Integrity Oversight Victoria".

39.12In section 37C(5)—

(a)for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "Victorian Inspectorate Officer" substitute "Integrity Oversight Victoria Officer".

39.13In section 37C(6)—

(a)insert the following definitions—

"authorised Integrity Oversight Victoria Officer means an Integrity Oversight Victoria Officer authorised under subsection (5);

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

Integrity Oversight Victoria Officer has the same meaning as in the Integrity Oversight Victoria Act 2011, but does not include the Chief Integrity Inspector within the meaning of that Act;";

(b)in the definition of record, for "a record;" substitute "a record.";

(c)the definitions of authorised Victorian Inspectorate officer, Inspector and Victorian Inspectorate Officer are repealed.

39.14In the heading to section 37D, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

39.15In section 37D—

(a)for "The Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria";

(b)for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

40Victims of Crime Commissioner Act 2015

40.1In section 3—

(a)insert the following definition—

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

(b)in the definition of victim of crime, in paragraph (c), for "2006;" substitute "2006.";

(c)the definition of Victorian Inspectorate is repealed.

40.2In section 22(1)(c), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

40.3In section 30(2)(c), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

41Victoria Police Act 2013

41.1In section 3(1)—

(a)insert the following definition—

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

(b)in the definition of investigative agency, in paragraph (f), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(c)in the definition of Victoria Police identification, for "to be Victoria Police identification;" substitute "to be Victoria Police identification.";

(d)the definition of Victorian Inspectorate is repealed.

41.2In section 45(x), for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

41.3In section 183(1), in the definition of investigating entity, in paragraph (c), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

41.4In section 185(2)(j)(iv), for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

41.5In section 185(5), in the definition of relevant Act, in paragraph (d), for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

42Wage Theft Act 2020

42.1In section 3(1)—

(a)insert the following definition—

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

(b)the definition of Victorian Inspectorate is repealed.

42.2In the heading to section 42, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

42.3In section 42, for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

42.4In the heading to section 54, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

42.5In section 54, for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

42.6In section 58(6), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

43Wildlife Act 1975

43.1In section 71—

(a)insert the following definition—

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

(b)the definition of Victorian Inspectorate is repealed.

43.2In section 74M(1)(c)(iv), for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

43.3In section 74O(1), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

43.4In section 74O(3), for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria".

43.5In section 74OA(1), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

43.6In section 74OA(3), for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria".

43.7In the heading to section 74P, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".  

43.8In section 74P—

(a)for "The Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria";

(b)for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

43.9In the heading to section 74S, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".  

43.10In section 74S—

(a)for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

43.11In the heading to section 74SA, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

43.12In section 74SA—

(a)for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

44Workplace Injury Rehabilitation and Compensation Act 2013

44.1In section 3, in the definition of IBAC personnel, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up‑to‑date legislative information.

Minister's second reading speech—

Legislative Assembly: 28 May 2024

Legislative Council: 20 June 2024

The long title for the Bill for this Act was "A Bill for an Act to amend the Crime Statistics Act 2014, the Criminal Procedure Act 2009, the Defamation Act 2005, the Freedom of Information Act 1982, the Independent Broad‑based Anti‑corruption Commission Act 2011, the Judicial Commission of Victoria Act 2016, the Local Government Act 2020, the Ombudsman Act 1973, the Privacy and Data Protection Act 2014, the Public Interest Disclosures Act 2012, the Public Interest Monitor Act 2011, the Racing Act 1958, the Spent Convictions Act 2021, the Surveillance Devices Act 1999, the Telecommunications (Interception) (State Provisions) Act 1988 and the Victorian Inspectorate Act 2011, to make consequential amendments to various Acts following the establishment of the National Anti‑Corruption Commission and for other purposes."