Local Government (General) Amendment Regulations 2019 (Vic)

Local Government (General) Amendment Regulations 2019

S.R. No. 156/2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Regulation 16 revoked

5New regulation 17 inserted

6New Form 4 inserted in Schedule 1

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Endnotes

STATUTORY RULES 2019

S.R. No. 156/2019

Local Government Act 1989

Local Government (General) Amendment Regulations 2019

The Governor in Council makes the following Regulations:

Dated: 17 December 2019

Responsible Minister:

GAVIN JENNINGS
Special Minister of State

ANDREW ROBINSON

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Local Government (General) Regulations 2015 to prescribe a form for the purposes of the Local Government Act 1989.

2Authorising provision

These Regulations are made under section 243 of the Local Government Act 1989.

3Commencement

These Regulations come into operation on 31 December 2019.

4Regulation 16 revoked

Regulation 16 of the Local Government (General) Regulations 2015[1] is revoked.

5New regulation 17 inserted

After regulation 16 of the Local Government (General) Regulations 2015 insert—

17Confidentiality notice"

For the purposes of section 223BJ(2)(a) of the Act, the prescribed form is Form 4 in Schedule 1.".

6New Form 4 inserted in Schedule 1

After Form 3 of Schedule 1 to the Local Government (General) Regulations 2015 insert—

'FORM 4

Regulation 17

Local Government Act 1989

CONFIDENTIALITY NOTICE

To: [insert name of person subject to confidentiality notice]

Address: [insert address]

THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.

PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

1. What is this notice?

This confidentiality notice is issued under section 223BJ(1) of the Local Government Act 1989 in respect of the following restricted matters:

[specify restricted matter or matters]

Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed "When are you authorised to disclose information?".

If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

You should also note that additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.

2. Why have you been given this notice?

You have been given this notice because the Chief Municipal Inspector considers that your disclosure of any of the restricted matters described above would be likely to prejudice:

*·     an investigation by the Independent Broad-based Anti-corruption Commission ("IBAC") or the Victorian Inspectorate; or

*·     the safety or reputation of a person; or

*·     the fair trial of a person who has been, or may be, charged with an offence.

3. When are you authorised to disclose information?

Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.

If a person or an organisation does not appear under "You can disclose this restricted matter:" or under "Can you disclose in any other circumstances?", then you cannot disclose the restricted matter to that person or organisation. For example, if "your spouse or domestic partner" does not appear under those headings, then you cannot disclose the restricted matter to your spouse or domestic partner.

Restricted matter:

[Specify restricted matter or matters]

You can disclose this restricted matter:

* ✓ to your spouse or domestic partner.

* ✓ to your employer or your manager or both.

* ✓ to a registered health practitioner for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.

* ✓ to a trade union, if you are a member of that union.

* ✓ to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.

* ✓ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.

* ✓ for the purpose of an application to the Fair Work Commission, including any related proceeding.

The Chief Municipal Inspector has directed that you cannot disclose this restricted matter:

* ✗ to your spouse or domestic partner.

* ✗ to your employer or your manager.

* ✗ to a registered health practitioner.

* ✗ to a trade union.

* ✗ to an employee assistance program.

* ✗ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.

* ✗ for the purpose of an application to the Fair Work Commission, including any related proceeding.

[Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above.]

Can you disclose in any other circumstances?

You are always permitted to disclose a restricted matter in the following circumstances:

·to the IBAC, if the IBAC:

·      referred the complaint to which the restricted matter relates to the Chief Municipal Inspector; and

·      has withdrawn that referral.

·for the purposes of making a complaint to the Victorian Inspectorate or the IBAC;

·for the purposes of complying with a witness summons served on you by the Victorian Inspectorate under the Victorian Inspectorate Act 2011 or by the IBAC under the Independent Broad-based Anti‑corruption Commission Act 2011;

·to Victoria Police, if:

·      the Chief Municipal Inspector has disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct; and

·      the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct;

·if the Chief Municipal Inspector directs you or authorises you to disclose a restricted matter;

·if the disclosure is authorised or required by the Local Government Act 1989;

·if the disclosure is necessary for you to obtain any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order of the Supreme Court extending a confidentiality notice, including:

·to an interpreter if you do not know enough English to understand the nature of the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice;

·to a parent, guardian or independent person if you are under the age of 18 years;

·to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice;

·to a legal practitioner for the purposes of obtaining legal advice or representation in relation to an investigation by the Chief Municipal Inspector under the Local Government Act 1989, or your rights, liabilities, obligations and privileges under:

·the Local Government Act 1989;

·the Public Interest Disclosures Act 2012;

·the Independent Broad-based Anti-corruption Commission Act 2011;

·the Victorian Inspectorate Act 2011;

·the Ombudsman Act 1973;

·the Fair Work Act 2009 of the Commonwealth;

·if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;

·if the restricted matter disclosed is information that has been made public in accordance with the Local Government Act 1989 or any other Act;

·if the restricted matter disclosed is information that has been published in a report by the Chief Municipal Inspector, Integrity and Oversight Committee or any of the following investigating entities:

·the IBAC;

·Victoria Police;

·the Victorian Ombudsman;

·the Victorian Inspectorate;

·the Judicial Commission, including an investigating panel appointed by the Judicial Commission;

·the Racing Integrity Commissioner;

·the Information Commissioner.

Your obligations if you make a permitted disclosure

If you disclose information about a restricted matter to another person because the disclosure is permitted, you must, when making that disclosure, give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

4. When does this confidentiality notice expire?

This confidentiality notice expires on the date when the first of the following events occurs:

·the Chief Municipal Inspector cancels this confidentiality notice and issues you with a new one that includes different restricted matters;

·the Chief Municipal Inspector cancels this confidentiality notice and issues you with a new one because the Inspector considers on reasonable grounds that disclosure of a particular restricted matter specified in the notice would no longer have the effect of prejudicing:

·an investigation by the IBAC or the Victorian Inspectorate; or

·the safety or reputation of a person; or

·the fair trial of a person who has been, or may be, charged with an offence;

·the Chief Municipal Inspector cancels this confidentiality notice because the Inspector considers on reasonable grounds that disclosure of the restricted matter or restricted matters specified in the notice would no longer have the effect of prejudicing:

·an investigation by the IBAC or the Victorian Inspectorate; or

·the safety or reputation of a person; or

·the fair trial of a person who has been, or may be, charged with an offence;

·unless the Supreme Court has ordered the extension of this confidentiality notice, when the Chief Municipal Inspector cancels this confidentiality notice at the conclusion of the investigation;

·if the date on which this confidentiality notice expires is extended by the Supreme Court, the date on which the period of extension expires.

5. Where can I get more information about this confidentiality notice?

A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.

You can also obtain legal advice about this confidentiality notice from a legal practitioner.

[attach:

·a copy of sections 223BJ(3) to (7), 223BK and 223BM of the Local Government Act 1989 and an explanation of the effect of those provisions;

·if applicable, a copy of Part 7 of the Public Interest Disclosures Act 2012.]

[signature]

[name]

[title]

[date]

*Delete if inapplicable.'.

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Endnotes

[1] Reg. 4: S.R. No. 119/2015 as amended by S.R. No. 18/2016.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2019 is $165.22.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.