Parliamentary Workplace Standards and Integrity Act 2024 (Vic)

Version No. 002

Parliamentary Workplace Standards and Integrity Act 2024

No. 27 of 2024

Version incorporating amendments as at

13 May 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Object

5Act binds the Crown

6Extraterritorial operation

7Parliamentary privilege preserved

Part 2—Referrals to the Commission

Division 1—Making referrals

8Referral of parliamentary misconduct

9Withdrawal of referral

10Request for further information about referral

11Circumstances for dismissal or redirection of referral

12Notification of referral

13Deferral of action

14Redirection of referral to appropriate entity

Division 2—Dealing with referrals

15Requirement to deal with referral expeditiously

16Determination for appropriate dispute resolution

17Participation in appropriate dispute resolution

18Protection of disclosure in appropriate dispute resolution

19Outcome of appropriate dispute resolution

20Report on outcome of appropriate dispute resolution

21Investigation of referral

22Request for information relating to investigation

23Return of documents etc. provided

24Request to attend for interview

25Withdrawal or variation of investigation request

26Determination of reasonable excuse

27Failure to comply with investigation request

28Investigative report for referral

29Recommendation of sanctions

30Imposition of sanctions

31Presentation of investigative report or summary report to Parliament—Privileges Committee

32Presentation of investigative report or summary report to Parliament—Premier

32ANon-compliance with sanctions imposed by Commission

32BPresentation of non-compliance report to Parliament—Privileges Committee

32CPresentation of non-compliance report to Parliament—Premier

Division 3—Public interest complaints

33Investigation of public interest complaint

34Public interest complaint may be treated as referral instead

35Application of investigation provisions

36Investigative report for public interest complaint

37Recommendation of sanctions

38Presentation of investigative report or summary report to Parliament—Privileges Committee

39Presentation of investigative report or summary report to Parliament—Premier

Division 4—General

40Commission must have regard to certain matters

41Publication of reports

Part 3—Parliamentary Workplace Standards and Integrity Commission

Division 1—Establishment, principles and functions

42Establishment of Commission

43Commission does not represent Crown

44Guiding principles

45Functions of Commission

46Commission not subject to direction or control

Division 2—Membership of Commission

47Constitution of Commission

48Independence of commissioners

49Eligibility for appointment

50Chair

51Additional commissioners

52Role of Integrity and Oversight Committee

53Term of appointment and remuneration

54Outside employment and activities

55Oath or affirmation

56Vacancy and resignation

57Suspension and removal from office

58Acting appointments

59Commissioner may act as Chair

60Validity of acts and decisions

Division 3—Performance of Commission's functions

61Performance of Commission's functions

62Commission not to prejudice legal proceedings or investigations

63Meetings of the Commission

64Remote meetings

65Disclosure of interests

Division 4—Staffing and administration

66Staff and other services

67Consultants and investigators

68Delegation by Commission

69Delegation by Chair

70Inability of Chair to act

71Protection from liability

Division 5—Confidentiality, sharing and use of information

72Confidentiality for Commission, commissioners and Commission officers

73Disclosure of information to specified entities

74Disclosure of information in relation to public interest disclosures or corrupt conduct

75Taking advantage of information

76Statutory secrecy and confidentiality provisions

Division 6—Confidentiality notices

77Confidentiality notice

78Cancellation and reissuing of confidentiality notice

79Extension of confidentiality notice

80Commission to provide Integrity Oversight Victoria with copies and other information

81Disclosure subject to confidentiality notice

Division 7—General

82Guidelines

83Annual report

84Protocols and memoranda of understanding

85Exemption from Freedom of Information Act 1982

Part 4—Parliamentary Integrity Adviser

Division 1—Establishment and functions

86Establishment of Parliamentary Integrity Adviser

87Functions of Parliamentary Integrity Adviser

88Independence of Parliamentary Integrity Adviser

89Restriction on parliamentary referrals

Division 2—Appointment

90Eligibility for appointment

91Appointment

92Veto of proposed appointment

93Term of appointment and remuneration

94Outside employment and activities

95Oath or affirmation of office

96Vacancy and resignation

97Suspension and removal from office

98Acting appointments

Division 3—Staffing and administration

99Staff and other services

100Consultants

Division 4—Record keeping, confidentiality and reporting

101Record keeping

102Confidentiality

103Correction of misrepresentations

104Reporting advice to Parliament

105Annual report

Part 5—General

Division 1—Offences and proceedings

106Offence to hinder or obstruct commissioners or Commission officers

107Offence to provide false or misleading information

108Offence to take or threaten detrimental action

109Power to bring proceedings

Division 2—General

110Notice requirements do not apply in respect of anonymous referrals

111Service requirements for certain requests and notices

112Transmission of reports and other documents to Parliament

113Review of Act

114Regulations

115Transitional provision—first Parliamentary Integrity Adviser

Part 6—Amendment of Acts

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

116Definitions

117Disclosure subject to confidentiality notice

118Referral of public interest complaints to other investigating entities

Division 2—Judicial Commission of Victoria Act 2016

119Definitions

120Heading to Division 3 of Part 3 amended

121New section 26A inserted

122Heading to Division 2 of Part 4 amended

123New section 49A inserted

Division 3—Local Government Act 2020

124Definitions

125Disclosure of information by the Chief Municipal Inspector

Division 4—Members of Parliament (Standards) Act 1978

126Definitions

127New section 3A inserted

128New sections 6A and 6B inserted

129Register of Interests

130Reporting of Members

Division 5—Ombudsman Act 1973

131Definitions

132Disclosure of information by the Ombudsman

133Exempt persons or bodies

134Persons and bodies to whom or which the Ombudsman may refer complaints

Division 6—Parliamentary Committees Act 2003

135Definitions

136Establishment of Joint House Committees

137Integrity and Oversight Committee

138New section 8 inserted

139Membership of Joint Investigatory Committees

140New section 21B inserted

141Election of chairperson and deputy chairperson

Division 7—Parliamentary Salaries, Allowances and Superannuation Act 1968

142Separation payment

143New section 7EA inserted

Division 8—Public Administration Act 2004

144Definitions

145What are special bodies?

146Persons with functions of public service body Head

147Inquiries

Division 9—Public Interest Disclosures Act 2012

148Definitions

149Meaning of improper conduct

150Persons or bodies to which certain public interest disclosures must be made

151Section 17 substituted

152Misdirected disclosures

153Notification of disclosure to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee

154Advice to person making disclosure to entity other than a Presiding Officer

155Section 25 repealed

156Disclosures to which Part 6 applies

157Circumstances in which information may be disclosed

158Presiding Officer may establish procedures

Division 10—Racing Act 1958

159Definitions

160Disclosure of information

161Disclosure of information by Racing Integrity Commissioner

Division 11—Integrity Oversight Victoria Act 2011

162Definitions

163Objects of Act

164Functions of Integrity Oversight Victoria

165Delegation

166Disclosure of information by Integrity Oversight Victoria

167New section 36B inserted

168New section 42F inserted

169Complaints

170Investigation of complaint

171Own motion investigation

172Conduct of investigation

173Requirement to provide assistance

174Persons to provide assistance

175Conduct of inquiry

176Content and form of witness summons

177Legal representation of witnesses and other persons

178Powers of entry, inspection and seizure

179Act applies equally to attendance in person or by audio visual link or audio link

180Privileges and secrecy generally

181Privilege against self-incrimination abrogated—witness summons

182New sections 83A and 83B inserted

183Recommendations must not include information likely to identify person who makes an assessable disclosure

184Advice to a complainant

185Outcome of investigation

186Matters to be included in annual report

187Exemption from Freedom of Information Act 1982

Division 12—Amendments consequential on Victorian Inspectorate name change

188Amendment of Acts

Division 13—Repeal of this Part and Schedule 3

189Repeal of this Part and Schedule 3

Schedule 1—Integrity bodies and prosecutorial bodies

Schedule 2—Provisions for judicial officers and others appointed as commissioners, superannuation and salary sacrifice

Schedule 3—Amendments consequential on Victorian Inspectorate name change

═════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 002

Parliamentary Workplace Standards and Integrity Act 2024

No. 27 of 2024

Version incorporating amendments as at

13 May 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to establish—

(i)a Parliamentary Workplace Standards and Integrity Commission; and

(ii)a Parliamentary Integrity Adviser; and

(iii)a Parliamentary Ethics Committee; and

(b)to make consequential and related amendments.

2Commencement

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

(2)If a provision of this Act (other than Division 12 of Part 6 and Schedule 3) does not come into operation before 31 December 2024, it comes into operation on that day.

(3)If a provision of Division 12 of Part 6 or Schedule 3 does not come into operation before 13 May 2025, it comes into operation on that day.

3Definitions

(1)In this Act—

additional commissioner means a commissioner appointed under section 51;

affected person, in relation to a referral, means a person who is alleged to have been directly affected by conduct that is the subject-matter of the referral;

Australian Local Council means—

(a)a Victorian Local Council; or

(b)a local or municipal council of another State or a Territory;

Australian Parliament means—

(a)the Parliament of Victoria; or

(b)the Parliament of the Commonwealth or another State; or

(c)the Legislative Assembly of a Territory;

bullying means behaviour by a person towards another person that—

(a)is repeated and unreasonable; and

(b)creates a risk to the health and safety of the other person;

Chair means the Chair of the Commission appointed under section 50;

Commission means the Parliamentary Workplace Standards and Integrity Commission established by section 42;

Commission officer means—

(a)a member of staff of the Commission; or

(b)a person engaged by the Commission under section 67;

commissioner means a member of the Commission appointed under Division 2 of Part 3;

confidentiality notice means a notice issued by the Commission under section 77;

corrupt conduct has the meaning given by section 4 of the Independent Broad-based Anti-corruption Commission Act 2011;

discrimination has the meaning given in Part 2 of the Equal Opportunity Act 2010 but does not include discrimination, within the meaning given in Part 2 of that Act, on the basis of political belief or activity;

function includes duty and power;

general election has the same meaning as in the Electoral Act 2002;

House means a House of the Parliament;

IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011;

improper conduct has the same meaning as in the Public Interest Disclosures Act 2012;

inappropriate parliamentary workplace behaviour means any of the following behaviour in a parliamentary workplace—

(a)bullying;

(b)sexual harassment or any other form of harassment;

(c)discrimination;

(d)victimisation;

(e)occupational violence or aggression;

individual referrer means a natural person who makes a referral under section 8 but does not include a self-referrer;

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

integrity body means an entity specified in or under Part 1 of Schedule 1;

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

investigation request means—

(a)a request under section 22; or

(b)a request under section 24;

investigative report means a report prepared by the Commission under section 28(1) or 36(1);

law enforcement agency has the meaning given by section 3(1) of the Independent Broad‑based Anti-corruption Commission Act 2011;

Member means a member of the Legislative Council or the Legislative Assembly;

member of staff of the Commission means—

(a)an employee referred to in section 66(1); or

(b)any staff who are the subject of an agreement or arrangement under section 66(2);

member of staff of the Parliamentary Integrity Adviser means any staff who are the subject of an agreement or arrangement under section 99;

Members Code of Conduct means the Code of Conduct set out in Part 3 of the Members of Parliament (Standards) Act 1978;

Members Register of Interests means the register maintained under section 26 of the Members of Parliament (Standards) Act 1978;

Members Statement of Values means the Statement of Values set out in section 4 of the Members of Parliament (Standards) Act 1978;

Minister—

(a)when used generically, means a responsible Minister of the Crown; or

(b)when used as "the Minister", means Minister as defined by section 38 of the Interpretation of Legislation Act 1984;

non-compliance report means a report prepared by the Commission under section 32A(1);

occupational violence or aggression means behaviour by which a person (person A) abuses, threatens or assaults another person (person B) in person B's workplace or in the course of person B's occupation;

Ombudsman means the Ombudsman appointed under section 3 of the Ombudsman Act 1973;

outcome report means a report prepared by the Commission under section 20;

Parliamentary Ethics Committee means the Joint House Committee established by section 5(b) of the Parliamentary Committees Act 2003;

Parliamentary Integrity Adviser means the person appointed under section 91;

parliamentary misconduct—

(a)in relation to a Member, means conduct engaged in by the Member as a Member that constitutes—

(i)a contravention of the Members Code of Conduct; or

(ii)a wilful, repeated or deliberate contravention of Part 4 of the Members of Parliament (Standards) Act 1978; or

(iii)wilful, repeated or deliberate misuse of work-related parliamentary allowances; or

(iv)wilful, repeated or deliberate misuse of the Electorate Office and Communications Budget provided to the Member under section 7F of the Parliamentary Salaries, Allowances and Superannuation Act 1968; or

(v)inappropriate parliamentary workplace behaviour; or

(b)in relation to a former Member, means—

(i)conduct referred to in paragraph (a) that was engaged in by the former Member when they were a Member; or

(ii)conduct engaged in by the former Member that constitutes a contravention of a provision of the Members Code of Conduct applicable to the former Member as a former Member; or

(c)in relation to a Minister or Parliamentary Secretary, means conduct engaged in by the Minister or Parliamentary Secretary as a Minister or Parliamentary Secretary that constitutes inappropriate parliamentary workplace behaviour; or

(d)in relation to a former Minister or Parliamentary Secretary, means—

(i)conduct referred to in paragraph (c) that was engaged in by the former Minister or Parliamentary Secretary when they were a Minister or Parliamentary Secretary; or

(ii)conduct engaged in by the former Minister or Parliamentary Secretary that constitutes a contravention of a provision of the Members Code of Conduct applicable to the former Minister or Parliamentary Secretary as a former Minister or Parliamentary Secretary;

Parliamentary precincts has the same meaning as in the Parliamentary Precincts Act 2001;

Parliamentary Secretary means a person appointed by the Premier as a Parliamentary Secretary, including the Cabinet Secretary;

parliamentary workplace means—

(a)the Parliamentary precincts; or

(b)premises the use of which is paid for with a work-related parliamentary allowance referred to in section 6(2)(b) or (c) of the Parliamentary Salaries, Allowances and Superannuation Act 1968; or

(c)premises the use of which is provided or paid for by the State to enable a Member to undertake travel in performing duties as a Minister or Parliamentary Secretary; or

(d)any other place where a Member, Minister or Parliamentary Secretary performs duties as a Member, Minister or Parliamentary Secretary—

but does not include a voting centre within the meaning of the Electoral Act 2002;

perform a function includes exercise a power;

PIA officer means—

(a)a member of staff of the Parliamentary Integrity Adviser; or

(b)a person engaged by the Parliamentary Integrity Adviser under section 100;

political belief or activity has the same meaning as in the Equal Opportunity Act 2010;

political party has the same meaning as in the Electoral Act 2002;

Privileges Committee means the parliamentary committee of a House that is responsible for determining whether there has been a breach of parliamentary privilege or a contempt of that House or of Parliament;

prosecutorial body means an entity specified in or under Part 2 of Schedule 1;

public interest complaint has the meaning given by section 3 of the Public Interest Disclosures Act 2012;

public interest disclosure has the meaning given by section 9 of the Public Interest Disclosures Act 2012;

referral means a referral to the Commission under section 8;

referrer means a person or body that makes a referral under section 8;

register of lobbyists means the register kept under section 66 of the Public Administration Act 2004;

registered political party means—

(a)a registered political party within the meaning of the Electoral Act 2002; or

(b)an organisation registered under a law of the Commonwealth or another State or a Territory that corresponds to Part 4 of the Electoral Act 2002;

restricted matter means—

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

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

(c)the existence of, or any information about, a confidentiality notice;

(d)the subject-matter of an investigation in relation to which a person has appeared or has been requested to appear;

(e)any information that could enable a person who has given, or may give, evidence, or who has produced, or may produce, any document or thing, to the Commission to be identified or located;

(f)the fact that a person has given, or may give, evidence, or has produced, or may produce, any document or thing, to the Commission;

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

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

self-referrer means a person referred to in section 8(2)(a);

serious parliamentary misconduct means parliamentary misconduct that—

(a)is intentional, wilful or deliberate; or

(b)occurs frequently or forms part of a pattern of behaviour; or

(c)would provide reasonable grounds for vacating a Member's seat;

sexual harassment has the meaning given by section 92 of the Equal Opportunity Act 2010;

summary report means a report prepared by the Commission under section 28(9) or 36(9);

Superior Court means—

(a)the High Court; or

(b)the Federal Court; or

(c)the Supreme Court of a State or Territory;

victimisation means behaviour by which a person (person A) subjects or threatens to subject another person (person B) to any detriment because—

(a)person B, or a person associated with person B, has made a referral or given information to the Commission; or

(b)person A believes that person B, or a person associated with person B, has made a referral or given information to the Commission or intends to do so;

*                *                *                *                *

Victorian Local Council means a Council within the meaning of the Local Government Act 2020;

Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013;

work-related parliamentary allowances has the same meaning as in the Parliamentary Salaries, Allowances and Superannuation Act 1968.

(2)In this Act, a reference to a Member or a current Member includes, in respect of any period commencing on the expiry or dissolution of the Houses and ending on the return of the writs for a general election, a reference to a person who—

(a)was a Member of either House immediately before that expiry or dissolution; and

(b)is seeking election to either House in the general election.

4Object

The object of this Act is to promote and uphold Victoria's parliamentary standards and integrity regime by establishing—

(a)a statutory Parliamentary Workplace Standards and Integrity Commission to receive, manage and resolve allegations of parliamentary misconduct, including serious parliamentary misconduct, by current and former Members of Parliament, Ministers and Parliamentary Secretaries; and

(b)a statutory Parliamentary Integrity Adviser to provide confidential advice to current and former Members of Parliament, Ministers and Parliamentary Secretaries on their integrity and ethical obligations; and

(c)a Parliamentary Ethics Committee as a joint committee of the Parliament.

5Act binds the Crown

This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.

6Extraterritorial operation

This Act extends to parliamentary misconduct engaged in or allegedly engaged in outside Victoria, including outside Australia.

7Parliamentary privilege preserved

This Act does not affect the law relating to the privileges of any Australian Parliament or any House of any Australian Parliament.

PART 2—REFERRALS TO THE COMMISSION

Division 1—Making referrals

8Referral of parliamentary misconduct

(1)Any person or body may refer to the Commission an allegation that, on or after the commencement of this section, a current or former Member, Minister or Parliamentary Secretary has engaged in parliamentary misconduct.

(2)Without limiting subsection (1)—

(a)a current or former Member, Minister or Parliamentary Secretary may refer an allegation that they have engaged in parliamentary misconduct; and

(b)the Clerk of the Parliaments may refer an allegation that a current or former Member has engaged in parliamentary misconduct constituted by a wilful, repeated or deliberate contravention of Part 4 of the Members of Parliament (Standards) Act 1978; and

(c)the presiding officer of a House may refer an allegation that a current or former Member has engaged in parliamentary misconduct; and

(d)a law enforcement agency or integrity body may refer an allegation that a current or former Member, Minister or Parliamentary Secretary has engaged in parliamentary misconduct.

(3)A referral must be made within 12 months of the person or body becoming aware of the alleged conduct.

(4)Despite subsection (3), the Commission may accept a referral made more than 12 months after the person or body became aware of the alleged conduct if the referral is accompanied by an explanation for the delay that the Commission considers satisfactory.

(5)A referral may be made anonymously.

9Withdrawal of referral

(1)Subject to subsection (2), a referrer may withdraw their referral at any time before the Commission—

(a)dismisses the referral under section 11; or

(b)redirects the referral under section 14; or

(c)prepares an outcome report for the referral under section 20; or

(d)prepares an investigative report for the referral under section 28(1).

(2)A referral cannot be withdrawn if it is a disclosure that the IBAC has determined to be a public interest complaint.

Note

See section 26 of the Public Interest Disclosures Act 2012.

(3)If a referral is withdrawn, the Commission must not continue to deal with it.

10Request for further information about referral

(1)The Commission may request a referrer to provide further information about their referral—

(a)by statutory declaration; or

(b)in any other manner specified by the Commission.

(2)The Commission may request any person or body, other than the person who is the subject of the referral, to provide information to assist the Commission in determining whether—

(a)to dismiss, defer dealing with or redirect a referral under this Division; or

(b)to deal with a referral under Division 2.

11Circumstances for dismissal or redirection of referral

(1)The Commission must dismiss, or redirect under section 14, a referral that relates to any of the following—

(a)matters unrelated to the functions of the Commission;

(b)conduct allegedly engaged in before the commencement of section 8;

(c)policy matters;

(d)views or opinions of a current or former Member, Minister or Parliamentary Secretary;

(e)internal funding or decision making of a political party;

(f)private or personal matters;

(g)conduct that is subject to parliamentary privilege.

(2)The Commission must dismiss, or redirect under section 14, a referral that it considers is not supported by sufficient evidence, based on information in the referral and information provided on request under section 10, to be dealt with under Division 2.

(3)For the purposes of subsection (2), the Commission must make reasonable requests under section 10 before considering that a referral is not supported by sufficient evidence.

(4)The Commission may dismiss, or redirect under section 14, a referral that is made more than 12 months after the referrer became aware of the alleged conduct.

(5)If further information is requested from a referrer and is not provided within 90 days of the request or any longer period specified by the Commission, the Commission may dismiss the referral or redirect it under section 14.

(6)The Commission may dismiss a referral that it considers to be—

(a)lacking in substance or credibility; or

(b)trivial, frivolous or vexatious; or

(c)not made in good faith; or

(d)related to an allegation of conduct engaged in at a time that is too remote to justify an investigation; or

(e)related to a matter that has already been dealt with by—

(i)an integrity body; or

(ii)a law enforcement agency; or

(iii)an entity with the power to require the production of documents or the answering of questions; or

(iv)a prescribed entity; or

(f)otherwise unjustifiable or unnecessary to deal with.

(7)Subsections (1) to (6) do not apply in respect of a referral that is a public interest disclosure that the Commission must notify to the IBAC.

Note

See section 21 of the Public Interest Disclosures Act 2012.

(8)The Commission may consult any person or body it considers appropriate for the purpose of determining whether to dismiss a referral under this section.

(9)The Commission must give written notice of a dismissal under this section, including the reason for the dismissal, to the referrer.

12Notification of referral

(1)Subject to this section, the Commission must give written notice of a referral to the person who is the subject of the referral.

(2)The Commission is not required to give written notice under subsection (1) if—

(a)before dealing with the referral under Division 2, the Commission dismisses it under section 11 or redirects it under section 14; or

(b)the referral is made by a self-referrer.

(3)The Commission is not required to give written notice under subsection (1) if the Commission considers that notification—

(a)may breach a confidentiality or secrecy provision under this Act or any other Act; or

(b)is not in the public interest or the interests of justice; or

(c)is likely to prejudice—

(i)the safety of a person; or

(ii)the fair trial of a person who has been or may be charged with an offence; or

(iii)an investigation by the Ombudsman, the IBAC or Integrity Oversight Victoria.

(4)The Commission must not include in a written notice any information that may identify a person who is not the subject of the referral, unless—

(a)that person consents to its inclusion; or

(b)the Commission has made reasonable attempts to obtain their consent and is unable to determine whether or not that person consents.

Note

See also section 53 of the Public Interest Disclosures Act 2012.

13Deferral of action

(1)The Commission may defer dealing with a referral if the subject‑matter of the referral is being investigated by another entity.

(2)The Commission may consult an entity investigating the subject‑matter of a referral to determine whether it is appropriate to defer dealing with the referral.

(3)The Commission must not defer dealing with a referral for a period that is unreasonable.

(4)If the Commission defers dealing with a referral, the Commission must give written notice of the deferral to the referrer.

(5)If a deferral continues for a period longer than 12 months and the referral is not withdrawn, dismissed under section 11 or redirected under section 14, the Commission must—

(a)give written notice of the ongoing deferral to the referrer; and

(b)consult the referrer as to whether the referral should be withdrawn or dismissed.

14Redirection of referral to appropriate entity

(1)At any time before, during or after dealing with a referral, the Commission may redirect the referral to an entity specified in subsection (2) if it considers that the subject‑matter of the referral—

(a)is related to the functions of that entity; and

(b)would be more appropriately dealt with by that entity.

(2)The following entities are specified for subsection (1)—

(a)an integrity body;

(b)a law enforcement agency;

(c)a prosecutorial body;

(d)the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the Equal Opportunity Act 2010;

(e)a coroner;

(f)a Privileges Committee;

(g)the presiding officer of a House;

(h)a person or body with an appropriate public or official function;

(i)a person or body specified in Schedule 3 to the Ombudsman Act 1973;

(j)a prescribed person or body.

(3)The Commission may consult an entity specified in subsection (2) for the purpose of determining whether to redirect a referral under this section.

(4)The Commission must give written notice of a redirection under this section, including the reason for the redirection, to the referrer.

(5)An entity to whom a referral is redirected must return to the Commission, on request, any document or other thing given to the entity under this section if it is no longer reasonably necessary for the entity to retain the document or thing.

(6)The Commission may continue dealing with a referral that is redirected under this section if the referral does not relate to a matter specified in section 11(1).

Note

The Commission may also be subject to obligations under the Independent Broad-based Anti-corruption Commission Act 2011 and the Public Interest Disclosures Act 2012 in respect of a referral.

Division 2—Dealing with referrals

15Requirement to deal with referral expeditiously

The Commission, in dealing with a referral under this Division, must act as expeditiously and with as little formality as the requirements of this Act and the proper consideration of the referral permit.

16Determination for appropriate dispute resolution

(1)The Commission may determine that a referral be dealt with through an appropriate dispute resolution process that—

(a)includes the following parties—

(i)an affected person;

(ii)the person who is the subject of the referral;

(iii)any other person that the Commission considers appropriate; and

(b)does not require any payment by a party to participate in the process; and

(c)does not involve arbitration.

(2)Without limiting subsection (1), the Commission may determine that a referral be dealt with through an appropriate dispute resolution process—

(a)at any time before, during or after conducting an investigation in relation to the referral; or

(b)as an alternative to conducting an investigation in relation to the referral.

(3)The Commission must not make a determination under subsection (1) if the referral is a disclosure that the IBAC has determined to be a public interest complaint.

Note

See section 26 of the Public Interest Disclosures Act 2012.

(4)Subject to subsection (5), if the Commission makes a determination under subsection (1), the Commission must—

(a)ensure that the appropriate dispute resolution process takes place as soon as practicable; and

(b)provide reasonable assistance to the parties during the process.

(5)An appropriate dispute resolution process must not take place without the agreement of all parties, including agreement to the format and location of the process.

17Participation in appropriate dispute resolution

(1)A party to an appropriate dispute resolution process may withdraw from the process at any time.

(2)A person who is under the age of 16 years but of or over the age of 10 years (a young person) may participate in an appropriate dispute resolution process if accompanied by a parent or guardian or an independent person.

(3)For the purposes of subsection (2), an independent person is—

(a)a person nominated by or acceptable to the young person; or

(b)if no person is nominated by or acceptable to the young person, a person who is chosen by the Commission and is not an excluded person.

(4)For the purposes of subsection (3), the following are excluded persons—

(a)an affected person;

(b)the referrer;

(c)the person who is the subject of the referral;

(d)any other person who is already a party to the appropriate dispute resolution process;

(e)a person who has provided information to the Commission on a request under section 10(2) in relation to the referral;

(f)a person to whom an investigation request has been made in relation to the referral;

(g)a person whose name appears in any information, document or thing provided to the Commission on a request under section 10 or an investigation request in relation to the referral.

(5)Unless it is not practicable to do so, the Commission must ensure that an independent person chosen under subsection (3)(b) is—

(a)involved in the care or supervision of the young person; and

(b)of the same gender as the young person or, if the young person identifies as being of a particular gender, that gender.

(6)Participation in an appropriate dispute resolution process does not affect the right of a party to the process to take action under any other law.

18Protection of disclosure in appropriate dispute resolution

(1)The Commission must not—

(a) use for the purposes of an investigation, or include in an investigative report, any information disclosed in an appropriate dispute resolution process that may identify a party to the process, unless it does so with the consent of all parties to the process; or

(b)disclose to another person or body any information obtained by the Commission in the course of an appropriate dispute resolution process, unless it does so with the consent of all parties to the process or as required under an Act.

(2)Evidence of anything said or done in an appropriate dispute resolution process is not admissible in a court or tribunal proceeding related to the subject‑matter of the referral without the consent of all parties to the process.

19Outcome of appropriate dispute resolution

(1)If the Commission considers that a referral has been resolved by an appropriate dispute resolution process, the Commission may end the process.

(2)If the Commission considers that a referral is unable to be resolved by an appropriate dispute resolution process, the Commission may end the process and do any of the following—

(a)conduct an investigation in relation to the referral;

(b)redirect the referral under section 14;

(c)defer dealing with the referral under section 13;

(d)dismiss the referral.

(3)If the Commission ends an appropriate dispute resolution process under subsection (2), the Commission must give written notice to the parties stating that the referral has not been resolved by an appropriate dispute resolution process.

(4)The Commission may include in a notice under subsection (3) information regarding further action that the Commission intends to take in relation to the referral.

(5)The Commission is not required to include in a notice under subsection (3) any reason why the referral has not been resolved.

20Report on outcome of appropriate dispute resolution

(1)The Commission must prepare a report on the outcome of an appropriate dispute resolution process unless it considers that it is not in the public interest to do so.

(2)The Commission must provide an outcome report to the following—

(a)if the Premier is the subject of the referral, the Privileges Committee of the Legislative Assembly;

(b)if a Minister (other than the Premier) or Parliamentary Secretary is the subject of the referral, the Premier;

(c)in any other case, the Privileges Committee of the House of which the person who is the subject of the referral is or was a Member.

(3)The Commission must not include in an outcome report any information that may identify a person, other than the person who is the subject of the referral, without their consent.

(4)If the Premier receives an outcome report, the Premier must cause the report to be transmitted as soon as practicable to the House of which the person who is the subject of the referral is a Member.

(5)If a Privileges Committee receives an outcome report, the Privileges Committee must cause the report to be transmitted as soon as practicable to its House.

Note

See section 112 for general requirements relating to transmission of reports to Parliament.

21Investigation of referral

(1)Subject to this section, the Commission may conduct an investigation in relation to a referral if it considers it appropriate to do so.

(2)The Commission must consider conducting an investigation in relation to a referral if, at the end of an appropriate dispute resolution process, an affected person who participated in the process requests the Commission to do so.

(3)The Commission must give written notice of its decision to conduct an investigation in relation to a referral to the referrer.

(4)In conducting an investigation in relation to a referral, the Commission—

(a)is not bound by the rules of evidence; and

(b)is bound by the rules of procedural fairness.

22Request for information relating to investigation

(1)The Commission, by written notice, may request a person to provide to the Commission, within 28 days or any longer period specified by the Commission, any document, information or other thing in the person's possession that the Commission considers necessary for the purposes of conducting an investigation in relation to a referral.

(2)A request under subsection (1) must—

(a)be in the prescribed form (if any); and

(b)include the following—

(i)a statement of the person's rights and responsibilities in relation to the request;

Note

See, in particular, sections 25, 27 and 107.

(ii)a statement that the person may seek legal advice in relation to the request;

(iii)a statement that the person is not required to comply with the request if the person has a reasonable excuse;

(iv)a statement that the person may make a complaint to Integrity Oversight Victoria about the conduct of the Commission or a Commission officer in making the request;

(v)the prescribed information (if any).

Note

See also section 111 for service requirements.            

(3)If the Commission makes a request under subsection (1), the Commission must provide the following to Integrity Oversight Victoria as soon as practicable—

(a)a copy of the request;

(b)a report that sets out the reasons for making the request.

(4)The Commission may take a statutory declaration from a person.

(5)If a person who receives a request under subsection (1) elects to provide information to the Commission orally, the Commission must—

(a)make arrangements with the person for their attendance at a specified time and place to provide the information; and

(b)inform the person that they may—

(i)be accompanied by one or both of the following—

(A)a legal representative;

(B)a support person approved by the Commission; and

(ii)request that the attendance be recorded.

(6)If a person requests a recording under subsection (5)(b)(ii), the Commission must provide the following to the person and to Integrity Oversight Victoria within a reasonable time—

(a)a copy of the recording;

(b)a copy of any transcript of the attendance prepared by the Commission.

23Return of documents etc. provided

(1)The Commission must return any document or other thing provided on a request under section 22 at the earliest of the following—

(a)the end of the investigation;

(b)when the document or thing is no longer necessary for the purposes of conducting the investigation.

(2)The Commission may make and keep a copy of any document provided on a request under section 22.

24Request to attend for interview

(1)The Commission, by written notice, may request a person to attend at a specified place, within 28 days or any longer period specified by the Commission, to be interviewed in connection with an investigation in relation to a referral.

(2)A request under subsection (1) must—

(a)be in the prescribed form (if any); and

(b)include the following—

(i)a statement of the person's rights and responsibilities in relation to the request;

Note

See, in particular, sections 25, 27 and 107.

(ii)a statement that the person may seek legal advice in relation to the request;

(iii)a statement that the person is not required to comply with the request if the person has a reasonable excuse;

(iv)a statement that the person may be accompanied at the interview by one or both of the following—

(A)a legal representative;

(B)a support person approved by the Commission;

(v)a statement that the person may make a complaint to Integrity Oversight Victoria about the conduct of the Commission or a Commission officer in making the request;

(vi)the prescribed information (if any).

Note

See also section 111 for service requirements.

(3)If the Commission makes a request under subsection (1), the Commission must provide the following to Integrity Oversight Victoria as soon as practicable—

(a)a copy of the request;

(b)a report that sets out the reasons for making the request.

(4)The Commission must record an interview and provide the following to the person and to Integrity Oversight Victoria within a reasonable time—

(a)a copy of the recording;

(b)a copy of any transcript of the interview prepared by the Commission.

25Withdrawal or variation of investigation request

(1)Subject to subsection (2), the Commission may at any time—

(a)withdraw an investigation request; or

(b)vary an investigation request by further written notice under section 22 or 24.

(2)The Commission must withdraw an investigation request or vary the request by further written notice under section 22 or 24 if—

(a)the Commission and the person agree that the person is not able to comply with the request; or

(b)the person has a reasonable excuse not to comply with the request.

(3)Without limiting subsection (2)(b), a person has a reasonable excuse not to comply with an investigation request if—

(a)compliance would contravene a secrecy requirement of an enactment that applies to the person; or

(b)the person would be entitled to claim a privilege with respect to the request in a court or tribunal proceeding.

(4)If a person intends not to comply with an investigation request on the basis of a reasonable excuse, the person must notify the Commission of that intention in writing.

(5)If the Commission receives a notice under subsection (4), the Commission may request the person to provide evidence establishing the reasonable excuse that is claimed.

(6)If the Commission withdraws an investigation request, the Commission must provide to Integrity Oversight Victoria a report that sets out the reason for the withdrawal.

26Determination of reasonable excuse

(1)If the Commission receives a notice under section 25(4) by which a person claims to have a reasonable excuse specified in section 25(3)(a) or (b), the Commission may apply to the Supreme Court to determine whether that reasonable excuse is established.

(2)If the Commission makes an application under subsection (1), the Supreme Court must—

(a)determine the application in closed court; and

(b)give written notice of its determination to the Commission.

(3)The Commission must provide to Integrity Oversight Victoria a copy of a notice received under subsection (2).

27Failure to comply with investigation request

If a Member or former Member fails to comply with an investigation request and does not have a reasonable excuse, the Commission may report the failure to the House of which the person is or was a Member.

28Investigative report for referral

(1)The Commission must prepare an investigative report at the end of an investigation in relation to a referral.

(2)An investigative report must include the following—

(a)the findings made by the Commission;

(b)for any finding of serious parliamentary misconduct, the sanctions (if any) that the Commission recommends be imposed on the person who is the subject of the referral;

(c)for any finding of parliamentary misconduct other than serious parliamentary misconduct, the sanctions (if any) imposed by the Commission on the person who is the subject of the referral;

(d)for any failure by the person who is the subject of the referral to comply with an investigation request without reasonable excuse—

(i)the details of that failure; and

(ii)the sanctions (if any) that the Commission recommends be imposed on the person who is the subject of the referral;

(e)a statement as to whether the Commission considers, having regard to the matters in subsection (3), that transmitting the report to either House would be contrary to the public interest;

(f)if the Commission considers that transmitting the report to either House would be contrary to the public interest, the reasons for that opinion.

(3)For the purposes of subsection (2)(e), the matters are the following—

(a)if the referral is made by an individual referrer, any request for confidentiality from the individual referrer;

(b)if the report does not include any finding of parliamentary misconduct (including serious parliamentary misconduct)—

(i)any preference of the person who is the subject of the referral concerning whether the report is transmitted to either House; and

(ii)any failure by the person who is the subject of the referral to comply with an investigation request without reasonable excuse.

(4)An investigative report must not include any of the following—

(a)information that is likely to lead to the identification of—

(i)an individual referrer without their consent; or

(ii)an affected person without their consent;

(b)a finding or opinion that a person is guilty of or has committed an offence;

(c)a recommendation that a person be prosecuted for an offence.

(5)For the purposes of subsection (4)(b), a finding of parliamentary misconduct is not a finding that a person is guilty of or has committed an offence.

(6)If the Commission intends to include in an investigative report any adverse finding about a person, the Commission must—

(a)give the person an opportunity to respond to the proposed finding; and

(b)consider any response by the person in preparing the report; and

(c)set out the response against any relevant finding in the report.

(7)The Commission must provide an investigative report as soon as practicable to the following—

(a)if the referral is made by an individual referrer, the individual referrer;

(b)the person who is the subject of the referral;

(c)if a finding in the report relates to the person who is the subject of the referral in their capacity as the Premier, the Privileges Committee of the Legislative Assembly;

(d)if a finding in the report relates to the person who is the subject of the referral in their capacity as a Minister (other than the Premier) or Parliamentary Secretary, the Premier;

(e)if a finding in the report relates to the person who is the subject of the referral in their capacity as a Member, or if the report includes details of their failure to comply with an investigation request without reasonable excuse, the Privileges Committee of the House of which the person is or was a Member.

(8)If the Commission provides an investigative report to a Privileges Committee under subsection (7)(e) and the person who is the subject of the referral is a Minister (other than the Premier) or Parliamentary Secretary, the Commission must also provide a copy of the report to the Premier.

(9)If an investigative report includes a statement that transmitting the report to either House would be contrary to the public interest, the Commission must ensure that the copy of the report provided to the Premier or a Privileges Committee under subsection (7) is accompanied by a summary of the report that—

(a)is suitable to be transmitted to either House instead of the report; and

(b)includes the reasons referred to in subsection (2)(f).

29Recommendation of sanctions

(1)The Commission may recommend that one or more of the sanctions specified in subsection (2) be imposed on the Premier in connection with—

(a)a finding of serious parliamentary misconduct by the Premier; or

(b)a failure by the Premier to comply with an investigation request without reasonable excuse.

(2)The following sanctions are specified for subsection (1)—

(a)a requirement to give a written apology or explanation to an affected person;

(b)a requirement to participate in a facilitated meeting with an affected person;

(c)any other sanction that the Commission considers appropriate.

(3)The Commission may recommend that one or more of the sanctions specified in subsection (4) be imposed on a Minister (other than the Premier) or Parliamentary Secretary in connection with—

(a)a finding of serious parliamentary misconduct by the Minister or Parliamentary Secretary; or

(b)a failure by the Minister or Parliamentary Secretary to comply with an investigation request without reasonable excuse.

(4)The following sanctions are specified for subsection (3)—

(a)a requirement to give a written apology or explanation to an affected person;

(b)a requirement to participate in a facilitated meeting with an affected person;

(c)withdrawal of services, removal of access to certain facilities or any other personal restriction relating to the functions of the Minister or Parliamentary Secretary;

(d)withdrawal of the person's commission or appointment as a Minister or Parliamentary Secretary;

(e)any other sanction that the Commission considers appropriate.

(5)The Commission may recommend that one or more of the sanctions specified in subsection (6) be imposed on a Member in connection with—

(a)a finding of serious parliamentary misconduct by the Member; or

(b)a failure by the Member to comply with an investigation request without reasonable excuse.

(6)The following sanctions are specified for subsection (5)—

(a)a requirement to give a written apology or explanation to an affected person;

(b)a requirement to participate in a facilitated meeting with an affected person;

(c)withdrawal of services, removal of access to certain facilities or any other personal restriction relating to the functions of the Member;

(d)discharge from a parliamentary committee;

(e)for serious parliamentary misconduct that is a contravention of the Members Code of Conduct or a wilful, repeated or deliberate contravention of Part 4 of the Members of Parliament (Standards) Act 1978, a penalty in accordance with section 31 of the Members of Parliament (Standards) Act 1978;

(f)any other sanction that the Commission considers appropriate.

30Imposition of sanctions

(1)The Commission may impose one or more of the following sanctions on the Premier or a Member in connection with a finding of parliamentary misconduct by the Premier or Member that is not serious parliamentary misconduct—

(a)a requirement to issue a public apology in a manner and form determined by the Commission;

(b)a requirement to give a written apology or explanation to an affected person;

(c)a requirement to participate in an education or training program determined by the Commission;

(d)a requirement to participate in mediation with an affected person;

(e)a requirement to enter into a behaviour agreement with the presiding officer of the House of which they are a Member.

(2)The Commission may impose one or more of the following sanctions on a Minister (other than the Premier) or Parliamentary Secretary in connection with a finding of parliamentary misconduct by the Minister or Parliamentary Secretary that is not serious parliamentary misconduct—

(a)a requirement to issue a public apology in a manner and form determined by the Commission;

(b)a requirement to give a written apology or explanation to an affected person;

(c)a requirement to participate in an education or training program determined by the Commission;

(d)a requirement to participate in mediation with an affected person;

(e)a requirement to enter into a behaviour agreement with the Premier.

31Presentation of investigative report or summary report to Parliament—Privileges Committee

(1)If a Privileges Committee receives an investigative report that does not include a finding of serious parliamentary misconduct or details of any failure by the person who is the subject of the referral to comply with an investigation request without reasonable excuse, the Privileges Committee must cause to be transmitted as soon as practicable to its House—

(a)the summary report that accompanied the investigative report; or

(b)in the case that no summary report accompanied the investigative report, the investigative report.

(2)Subject to subsection (3), if a Privileges Committee receives an investigative report that includes a finding of serious parliamentary misconduct or details of any failure by the person who is the subject of the referral to comply with an investigation request without reasonable excuse, the Privileges Committee must—

(a)consider the report; and

(b)in the case that the report includes sanctions recommended by the Commission—

(i)invite the person who is the subject of the referral to provide within 30 days a written response regarding the sanctions recommended; and

(ii)consider any response provided within 30 days by the person who is the subject of the referral; and

(c)prepare and cause to be transmitted to its House, no later than 10 sitting days after the period referred to in paragraph (b), a report that contains—

(i)either—

(A)the summary report that accompanied the investigative report; or

(B)in the case that no summary report accompanied the investigative report, the investigative report; and

(ii)the recommendations of the Privileges Committee regarding sanctions; and

(iii)an explanation for any differences between the recommendations of the Commission and the recommendations of the Privileges Committee.

(3)As soon as practicable after a Privileges Committee receives an investigative report that it must consider under subsection (2), a Member of the Privileges Committee who has a direct or indirect interest in the subject-matter of the referral, being an interest that could conflict with the performance of their duties as a Member of the Privileges Committee in considering the report, must—

(a)recuse themselves from the consideration of the report until the Privileges Committee has caused a report to be transmitted to its House in accordance with subsection (2)(c); or

(b)resign from the Privileges Committee.

(4)For the purposes of subsection (3), a direct or indirect interest in the subject-matter of a referral does not include being a member of the same political party as the person who is the subject of the referral.

(5)A Privileges Committee must not reconsider or review any findings of the Commission in an investigative report.

Note

See section 112 for general requirements relating to transmission of reports to Parliament.

32Presentation of investigative report or summary report to Parliament—Premier

(1)If the Premier receives an investigative report that does not include a finding of serious parliamentary misconduct, the Premier must cause to be transmitted as soon as practicable to the House of which the person who is the subject of the referral is or was a Member—

(a)the summary report that accompanied the investigative report; or

(b)in the case that no summary report accompanied the investigative report, the investigative report.

(2)If the Premier receives an investigative report that includes a finding of serious parliamentary misconduct, the Premier must—

(a)consider the report; and

(b)in the case that the report includes sanctions recommended by the Commission—

(i)invite the person who is the subject of the referral to provide within 30 days a written response regarding the sanctions recommended; and

(ii)consider any response provided within 30 days by the person who is the subject of the referral; and

(c)prepare and cause to be transmitted to the House of which the person who is the subject of the referral is or was a Member, no later than 10 sitting days after the period referred to in paragraph (b), a report that contains—

(i)either—

(A)the summary report that accompanied the investigative report; or

(B)in the case that no summary report accompanied the investigative report, the investigative report; and

(ii)a statement of the actions that the Premier has taken in response to the investigative report; and

(iii)an explanation for any differences between the recommendations of the Commission and the actions taken by the Premier.

(3)Subsections (1) and (2) do not apply in respect of an investigative report received by the Premier under section 28(8).

(4)The Premier must not reconsider or review any findings of the Commission in an investigative report.

Note

See section 112 for general requirements relating to transmission of reports to Parliament.

32ANon-compliance with sanctions imposed by Commission

(1)Subject to subsection (2), if the Commission is satisfied that a person has failed to comply, within a reasonable time, with a sanction imposed under section 30, the Commission—

(a)must prepare a report of that failure; and

(b)may recommend that one or more sanctions be imposed on the person as if the Commission had made a finding of serious parliamentary misconduct by the person.

(2)The Commission must not prepare a non‑compliance report unless the Commission has—

(a)given the person an opportunity to respond to the proposed report; and

(b)considered any response by the person.

(3)A non-compliance report must include the following—

(a)the details of the Commission's finding that the person has failed to comply with the sanction;

(b)the sanctions (if any) that the Commission recommends be imposed on the person;

(c)any response by the person under subsection (2)(b).

(4)A non-compliance report must not include any of the following—

(a)information that is likely to lead to the identification of—

(i)an individual referrer without their consent; or

(ii)an affected person without their consent;

(b)a finding or opinion that a person is guilty of or has committed an offence;

(c)a recommendation that a person be prosecuted for an offence.

(5)The Commission must provide a non-compliance report as soon as practicable to the following—

(a)the individual referrer (if any) who made the referral for which an investigative report was prepared and the sanction was imposed;

(b)the person who is the subject of the non‑compliance report;

(c)any other person or body to whom the Commission provided the investigative report under section 28(7) or (8).

32BPresentation of non-compliance report to Parliament—Privileges Committee

(1)Subject to subsection (2), if a Privileges Committee receives a non-compliance report, the Privileges Committee must—

(a)consider the report; and

(b)in the case that the report includes sanctions that the Commission recommends be imposed on the person who is the subject of the report—

(i)invite the person to provide within 30 days a written response regarding the sanctions recommended; and

(ii)consider any response provided within 30 days by the person; and

(c)prepare and cause to be transmitted to its House, no later than 10 sitting days after the period referred to in paragraph (b), a report that contains—

(i)the non-compliance report; and

(ii)the recommendations of the Privileges Committee regarding sanctions; and

(iii)an explanation for any differences between the recommendations of the Commission and the recommendations of the Privileges Committee.

(2)As soon as practicable after a Privileges Committee receives a non-compliance report, a Member of the Privileges Committee who has a direct or indirect interest in the subject-matter of the report, being an interest that could conflict with the performance of their duties as a Member of the Privileges Committee in considering the report, must—

(a)recuse themselves from the consideration of the report until the Privileges Committee has caused a report to be transmitted to its House in accordance with subsection (l)(c); or

(b)resign from the Privileges Committee.

(3)For the purposes of subsection (2), a direct or indirect interest in the subject-matter of a non‑compliance report does not include being a member of the same political party as the person who is the subject of the report.

(4)A Privileges Committee must not reconsider or review any finding of the Commission in a non‑compliance report.

Note

See section 112 for general requirements relating to transmission of reports to Parliament.

32CPresentation of non-compliance report to Parliament—Premier

(1)If the Premier receives a non-compliance report, the Premier must—

(a)consider the report; and

(b)in the case that the report includes sanctions that the Commission recommends be imposed on the person who is the subject of the report—

(i)invite the person to provide within 30 days a written response regarding the sanctions recommended; and

(ii)consider any response provided within 30 days by the person; and

(c)prepare and cause to be transmitted to the House of which the person who is the subject of the report is or was a Member, no later than 10 sitting days after the period referred to in paragraph (b), a report that contains—

(i)the non-compliance report; and

(ii)a statement of the actions that the Premier has taken in response to the non-compliance report; and

(iii)an explanation for any differences between the recommendations of the Commission and the actions taken by the Premier.

(2)Subsection (1) does not apply in respect of a non‑compliance report that is related to an investigative report received by the Premier under section 28(8).

(3)The Premier must not reconsider or review any finding of the Commission in a non-compliance report.

Note

See section 112 for general requirements relating to transmission of reports to Parliament.

Division 3—Public interest complaints

33Investigation of public interest complaint

(1)Subject to this section, the Commission must conduct an investigation in relation to a public interest complaint referred to it by the IBAC.

Note

See section 73A of the Independent Broad-based Anti‑corruption Commission Act 2011.

(2)The Commission must not conduct an investigation in relation to a public interest complaint referred to it by the IBAC unless it is satisfied that—

(a)the complaint relates to a current or former Member, Minister or Parliamentary Secretary; and

(b)if the complaint relates to a current Member, Minister or Parliamentary Secretary, the requirements of subsection (3) are met; and

(c)if the complaint relates to a former Member, Minister or Parliamentary Secretary, the requirements of subsection (4) are met.

(3)For the purposes of subsection (2)(b), the requirements are the following—

(a)the complaint shows or tends to show that, at any time on or after the commencement of section 8, the current Member, Minister or Parliamentary Secretary—

(i)has engaged, is engaging or proposes to engage in improper conduct; or

(ii)has taken, is taking or proposes to take detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012;

(b)the improper conduct or detrimental action constitutes parliamentary misconduct.

(4)For the purposes of subsection (2)(c), the requirements are the following—

(a)the complaint shows or tends to show that, at any time on or after the commencement of section 8, the former Member, Minister or Parliamentary Secretary—

(i)engaged in improper conduct; or

(ii)took detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012;

(b)the improper conduct or detrimental action constitutes parliamentary misconduct.

(5)The Commission may but is not required to conduct an investigation in relation to a public interest complaint referred to it by the IBAC if it considers that the subject-matter of the complaint—

(a)is lacking in substance or credibility; or

(b)is trivial, frivolous or vexatious; or

(c)has already been investigated or otherwise dealt with by—

(i)an integrity body within the meaning of the Independent Broad-based Anti‑corruption Commission Act 2011; or

(ii)any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions.

(6)The Commission must give written notice of a decision not to conduct an investigation in relation to a public interest complaint, including the reason for the decision, to the person who made the disclosure that was determined to be the public interest complaint.

(7)In conducting an investigation in relation to a public interest complaint, the Commission—

(a)is not bound by the rules of evidence; and

(b)is bound by the rules of procedural fairness; and

(c)must act as expeditiously and with as little formality as the requirements of this Act and the proper consideration of the complaint permit.

34Public interest complaint may be treated as referral instead

(1)If the Commission is not satisfied of the matters specified in section 33(2) but is satisfied that the public interest complaint contains an allegation that a current or former Member, Minister or Parliamentary Secretary has engaged in parliamentary misconduct, the Commission may treat the complaint as a referral made under section 8.

(2)This Act, except sections 8(3) and (4), 9(2) and 11(7), applies in respect of a public interest complaint that is treated as a referral as if—

(a)the person who made the disclosure that was determined to be the complaint were the referrer; and

(b)the current or former Member, Minister or Parliamentary Secretary referred to in the complaint were the person who is the subject of the referral.

(3)If the Commission decides under subsection (1) to treat a public interest complaint as a referral made under section 8, the Commission must give written notice of its decision, including the reason for the decision, to the person who made the disclosure that was determined to be the public interest complaint.

Note

See Division 2 for the process by which the Commission may deal with a public interest complaint that it has decided to treat as a referral instead.

35Application of investigation provisions

Sections 22, 23, 24, 25, 26 and 27 apply in respect of an investigation in relation to a public interest complaint as if it were an investigation in relation to a referral.

36Investigative report for public interest complaint

(1)The Commission must prepare an investigative report at the end of an investigation in relation to a public interest complaint.

(2)An investigative report must include the following—

(a)the findings made by the Commission;

(b)for any finding of improper conduct or detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012, the sanctions (if any) that the Commission recommends be imposed on the person who is the subject of the complaint;

(c)for any failure by the person who is the subject of the complaint to comply with an investigation request without reasonable excuse—

(i)the details of that failure; and

(ii)the sanctions (if any) that the Commission recommends be imposed on the person who is the subject of the complaint;

(d)a statement as to whether the Commission considers, having regard to the matters in subsection (3), that transmitting the report to either House would be contrary to the public interest;

(e)if the Commission considers that transmitting the report to either House would be contrary to the public interest, the reasons for that opinion.

(3)For the purposes of subsection (2)(d), the matters are the following—

(a)if the disclosure that was determined to be the public interest complaint was initially a referral made under section 8 by an individual referrer, any request for confidentiality from the individual referrer;

(b)if the disclosure that was determined to be the public interest complaint was not initially a referral made under section 8, any request for confidentiality from the person who made the disclosure;

(c)if the report does not include any finding of improper conduct or detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012—

(i)any preference of the person who is the subject of the complaint concerning whether the report is transmitted to either House; and

(ii)any failure by the person who is the subject of the complaint to comply with an investigation request without reasonable excuse.

(4)An investigative report must not include any of the following—

(a)if the disclosure that was determined to be the public interest complaint was initially a referral made under section 8, information that is likely to lead to the identification of—

(i)an individual referrer without their consent; or

(ii)an affected person without their consent;

(b)if the disclosure that was determined to be the public interest complaint was not initially a referral made under section 8, information that is likely to lead to the identification of the person who made the disclosure;

(c)a finding or opinion that a person is guilty of or has committed an offence;

(d)a recommendation that a person be prosecuted for an offence.

(5)For the purposes of subsection (4)(c), a finding of improper conduct or detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012 is not a finding that a person is guilty of or has committed an offence.

(6)If the Commission intends to include in an investigative report any adverse finding about a person, the Commission must—

(a)give the person an opportunity to respond to the proposed finding; and

(b)consider any response by the person in preparing the report; and

(c)set out the response against any relevant finding in the report.

(7)The Commission must provide an investigative report as soon as practicable to the following—

(a)if the disclosure that was determined to be the public interest complaint was initially a referral made under section 8 by an individual referrer, the individual referrer;

(b)if the disclosure that was determined to be the public interest complaint was not initially a referral made under section 8, the person who made the disclosure;

(c)the person who is the subject of the complaint;

(d)if a finding in the report relates to the person who is the subject of the complaint in their capacity as the Premier, the Privileges Committee of the Legislative Assembly;

(e)if a finding in the report relates to the person who is the subject of the complaint in their capacity as a Minister (other than the Premier) or Parliamentary Secretary, the Premier;

(f)if a finding in the report relates to the person who is the subject of the complaint in their capacity as a Member, or if the report includes details of their failure to comply with an investigation request without reasonable excuse, the Privileges Committee of the House of which the person is or was a Member.

(8)If the Commission provides an investigative report to a Privileges Committee under subsection (7)(f) and the person who is the subject of the complaint is a Minister (other than the Premier) or Parliamentary Secretary, the Commission must also provide a copy of the report to the Premier.

(9)If an investigative report includes a statement that transmitting the report to either House would be contrary to the public interest, the Commission must ensure that the copy of the report provided to the Premier or a Privileges Committee under subsection (7) is accompanied by a summary of the report that—

(a)is suitable to be transmitted to either House instead of the report; and

(6B)Without limiting the generality of subsection (6A), a complaint may be made on the basis that specified conduct was—

(a)contrary to law; or

(b)unreasonable, unjust, oppressive or improperly discriminatory; or

(c)based on improper motives; or

(d)an abuse of power; or

(e)otherwise improper.".

170Investigation of complaint

(1)After section 44(5) of the Integrity Oversight Victoria Act 2011 insert—

"(5A)If the Victorian Inspectorate decides to investigate a complaint referred to in section 43(6A), the Victorian Inspectorate must notify the Parliamentary Workplace Standards and Integrity Commission in writing unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.".

(2)In section 44(7) of the Integrity Oversight Victoria Act 2011, after "(5)," insert "(5A),".

171Own motion investigation

After section 46(3) of the Integrity Oversight Victoria Act 2011 insert—

"(3A)The Victorian Inspectorate, on its own motion, may investigate the conduct of the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer in respect of—

(a)the performance or exercise, or purported performance or exercise, of any of the duties, functions or powers conferred on the Parliamentary Workplace Standards and Integrity Commission or Parliamentary Workplace Standards and Integrity Commission officer in respect of any matter; or

(b)the compliance with procedural fairness requirements in the performance of functions under that Act or any other Act, including in the conduct of investigations and the making of reports and recommendations under that Act or any other Act.".

172Conduct of investigation

After section 47(3) of the Integrity Oversight Victoria Act 2011 insert—

"(3A)For the purposes of conducting an investigation in relation to the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer, the Victorian Inspectorate—

(a)may investigate any aspect of the Parliamentary Workplace Standards and Integrity Commission's operations or the conduct of Parliamentary Workplace Standards and Integrity Commission officers; and

(b)has full and free access to all the records of the Parliamentary Workplace Standards and Integrity Commission and may copy any record or part of any record of the Parliamentary Workplace Standards and Integrity Commission; and

(c)may require the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer to give the Victorian Inspectorate any information in the Parliamentary Workplace Standards and Integrity Commission's or Parliamentary Workplace Standards and Integrity Commission officer's possession which the Victorian Inspectorate considers is relevant to the investigation; and

(d)may require a Parliamentary Workplace Standards and Integrity Commission officer to attend before the Victorian Inspectorate to answer questions or to produce documents or other things relating to any aspect of the Parliamentary Workplace Standards and Integrity Commission's operations or the conduct of Parliamentary Workplace Standards and Integrity Commission officers.".

173Requirement to provide assistance

After section 48(3) of the Integrity Oversight Victoria Act 2011 insert—

"(3A)The Parliamentary Workplace Standards and Integrity Commission must—

(a)give any assistance; and

(b)ensure that Parliamentary Workplace Standards and Integrity Commission officers give any assistance—

to the Victorian Inspectorate which the Victorian Inspectorate reasonably requires to enable the Victorian Inspectorate to conduct any investigation in relation to the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer under this Part.".

174Persons to provide assistance

In section 48E of the Integrity Oversight Victoria Act 2011, after "Ombudsman" insert ", the Parliamentary Workplace Standards and Integrity Commission".

175Conduct of inquiry

After section 50(d) of the Integrity Oversight Victoria Act 2011 insert—

"(da)may, after notifying the Chair of the Parliamentary Workplace Standards and Integrity Commission, enter and search Parliamentary Workplace Standards and Integrity Commission premises and inspect, copy and seize any document or thing in accordance with section 63.".

176Content and form of witness summons

After section 54(4)(g)(iv) of the Integrity Oversight Victoria Act 2011 insert—

"(iva)if the person is a Parliamentary Workplace Standards and Integrity Commission officer, the Parliamentary Workplace Standards and Integrity Commission is not entitled to assert any privilege;".

177Legal representation of witnesses and other persons

In section 58(2)(c) and (d) and (8)(c) and (d) of the Integrity Oversight Victoria Act 2011, after "IBAC," insert "the Parliamentary Workplace Standards and Integrity Commission,".

178Powers of entry, inspection and seizure

After section 63(6) of the Integrity Oversight Victoria Act 2011 insert—

"(6A)Subject to subsection (6B), if the Victorian Inspectorate considers on reasonable grounds there are documents or other things that are relevant to an inquiry in relation to the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer which are on Parliamentary Workplace Standards and Integrity Commission premises, the Victorian Inspectorate may authorise a Victorian Inspectorate Officer, with such assistance as the Victorian Inspectorate Officer thinks fit, to—

(a)enter those premises at any time; and

(b)search those premises for documents or other things that are relevant to the inquiry; and

(c)inspect or copy any document or other thing found at those premises; and

(d)seize any document or other thing found at those premises that is relevant to the inquiry and keep it until the Victorian Inspectorate has completed its inquiry.

(6B)The Victorian Inspectorate must not exercise the power conferred by subsection (6A) in respect of the Parliamentary Workplace Standards and Integrity Commission unless the Victorian Inspectorate considers on reasonable grounds that the Parliamentary Workplace Standards and Integrity Commission, or any Parliamentary Workplace Standards and Integrity Commission officer, has wilfully failed to give assistance in accordance with section 48(3A).".

179Act applies equally to attendance in person or by audio visual link or audio link

In section 67A(1)(b) and (2)(b) of the Integrity Oversight Victoria Act 2011, after "(3)(d)," insert "(3A)(d),".

180Privileges and secrecy generally

After section 68(8) of the Integrity Oversight Victoria Act 2011 insert—

"(8A)If a person is a Parliamentary Workplace Standards and Integrity Commission officer any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in the person's service as a Parliamentary Workplace Standards and Integrity Commission officer imposed by any enactment or any rule of law—

(a)is overridden; and

(b)does not apply to the disclosure of information under this Part.

(8B)If a person is a Parliamentary Workplace Standards and Integrity Commission officer—

(a)the Parliamentary Workplace Standards and Integrity Commission is not entitled to assert any privilege in relation to any requirement for that person to provide information under Part 6; and

(b)any privilege referred to in paragraph (a) is abrogated.".

181Privilege against self-incrimination abrogated—witness summons

After section 70(2)(d) of the Integrity Oversight Victoria Act 2011 insert—

"(da)an offence against the Parliamentary Workplace Standards and Integrity Act 2024; or".

182New sections 83A and 83B inserted

After section 83 of the Integrity Oversight Victoria Act 2011 insert—

"83A Recommendation to Parliamentary Workplace Standards and Integrity Commission

(1)The Victorian Inspectorate may at any time make recommendations to the Parliamentary Workplace Standards and Integrity Commission in relation to any action that the Victorian Inspectorate considers should be taken.

(2)Without limiting subsection (1), the Victorian Inspectorate may recommend taking action—

(a)to prevent specified conduct from continuing or occurring in the future;

(b)to remedy any harm or loss arising from the conduct of any Parliamentary Workplace Standards and Integrity Commission officer.

(3)A recommendation to the Parliamentary Workplace Standards and Integrity Commission which is not contained in a report must be made in private.

(4)Subsection (3) does not limit the power of the Victorian Inspectorate to make a public recommendation if the Victorian Inspectorate considers that the Parliamentary Workplace Standards and Integrity Commission has failed to take appropriate action in relation to the recommendation.

(5)The Victorian Inspectorate may require the Parliamentary Workplace Standards and Integrity Commission to give a report to the Victorian Inspectorate, within a reasonable specified time, stating—

(a)whether or not the Parliamentary Workplace Standards and Integrity Commission has taken, or intends to take, action recommended by the Victorian Inspectorate; and

(b)if the Parliamentary Workplace Standards and Integrity Commission has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action.

(6)The Parliamentary Workplace Standards and Integrity Commission must comply with a requirement of the Victorian Inspectorate under subsection (5).

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

(1)The Victorian Inspectorate may at any time recommend in private to the Parliamentary Workplace Standards and Integrity Commission the undertaking of a disciplinary process or action against any Parliamentary Workplace Standards and Integrity Commission officer other than a Parliamentary Workplace Standards and Integrity Commissioner.

(2)Subsection (1) does not limit the power of the Victorian Inspectorate to make a public recommendation if the Victorian Inspectorate considers that the Parliamentary Workplace Standards and Integrity Commission has failed to take appropriate action in relation to the recommendation.

(3)If the Victorian Inspectorate is satisfied that any conduct of any Parliamentary Workplace Standards and Integrity Commission officer which has been the subject of a complaint, investigation or other finding should be the subject of any further investigatory or enforcement action, the Victorian Inspectorate may make a recommendation to that effect to any or all of the following—

(a)the Chief Commissioner of Police;

(b)the Australian Federal Police;

(c)the IBAC;

(d)the Victorian WorkCover Authority;

(e)any other person or body prescribed for the purposes of this subsection.".

183Recommendations must not include information likely to identify person who makes an assessable disclosure

In section 86(1) of the Integrity Oversight Victoria Act 2011, after "83," insert "83A, 83B,".

184Advice to a complainant

In section 88 of the Integrity Oversight Victoria Act 2011—

(a)in subsection (1)(b), after "83," insert "83B,";

(b)after subsection (3)(h) insert—

"(ha)prejudice an investigation by the Parliamentary Workplace Standards and Integrity Commission; or".

185Outcome of investigation

After section 89(3) of the Integrity Oversight Victoria Act 2011 insert—

"(3A)After conducting an investigation in relation to the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer, the Victorian Inspectorate may—

(a)make a recommendation to the Parliamentary Workplace Standards and Integrity Commission in accordance with section 83A;

(b)make a recommendation to the Parliamentary Workplace Standards and Integrity Commission in accordance with section 83B;

(c)make a recommendation to the Chief Commissioner of Police in accordance with section 83B;

(d)make a recommendation to the Australian Federal Police in accordance with section 83B;

(e)make a recommendation to the IBAC in accordance with section 83B;

(f)make a recommendation to the Victorian WorkCover Authority in accordance with section 83B;

(g)make a recommendation in accordance with section 83B to a person or body prescribed for the purposes of section 83B(3)(e);

(h)transmit a report under section 87;

(i)provide advice to a complainant in accordance with section 88;

(j)do any combination or all of the matters referred to in paragraphs (a) to (j);

(k)determine to make no findings or take no action following the investigation.".

186Matters to be included in annual report

(1)After section 91(1)(l) of the Integrity Oversight Victoria Act 2011 insert—

"(la)details of the results of the Victorian Inspectorate's monitoring of—

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

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

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

(lb)details of the comprehensiveness and adequacy of reports made to the Victorian Inspectorate by the Parliamentary Workplace Standards and Integrity Commission under this Act;

(lc)details of the extent to which action recommended by the Victorian Inspectorate to be taken by the Parliamentary Workplace Standards and Integrity Commission has been taken;".

(2)After section 91(8) of the Integrity Oversight Victoria Act 2011 insert—

"(8A)If the Victorian Inspectorate is aware of an investigation that is being or has been conducted by the Parliamentary Workplace Standards and Integrity Commission in relation to a matter or person to be included in its annual report, the Victorian Inspectorate must not include in the annual report any information which would prejudice the investigation.".

187Exemption from Freedom of Information Act 1982

In section 102(2) of the Integrity Oversight Victoria Act 2011, in the definition of relevant person or body, after paragraph (l) insert—

"(la)the Parliamentary Workplace Standards and Integrity Commission;

(lb)a Parliamentary Workplace Standards and Integrity Commission officer;".

Division 12—Amendments consequential on Victorian Inspectorate name change

188Amendment of Acts

On the commencement of an item in Schedule 3, the Act specified in the heading to that item is amended as set out in that item.

Division 13—Repeal of this Part and Schedule 3

189Repeal of this Part and Schedule 3

This Part and Schedule 3 are repealed on 13 May 2026.

Note

The repeal of this Part and Schedule 3 does not affect the continuing operation of the amendments made by them (see section 15(1) of the Interpretation of Legislation Act 1984).

SCHEDULE 1—INTEGRITY BODIES AND PROSECUTORIAL BODIES

Section 3

Part 1—Integrity bodies

1The Auditor-General appointed under section 94A of the Constitution Act 1975

2The Information Commissioner appointed under the Freedom ofInformation Act 1982 in the Information Commissioner's capacity under the Privacy and DataProtection Act 2014

3The Health Complaints Commissioner appointed under section 111 of the Health Complaints Act 2016

4The IBAC

5The Judicial Commission within the meaning of Part IIIAA of the Constitution Act 1975

6The Ombudsman

7Integrity Oversight Victoria

8The Chief Municipal Inspector appointed under section 182 of the Local Government Act 2020

9The Racing Integrity Commissioner appointed under the Racing Act 1958

10An entity of another State, a Territory or the Commonwealth that has functions corresponding to the functions of an entity specified in paragraphs 1 to 9

11A prescribed person or body that has an integrity function

Part 2—Prosecutorial bodies

1The Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975

2The Victorian WorkCover Authority

3The Director of Public Prosecutions of another State, a Territory or the Commonwealth

4A prescribed person or body that has a prosecutorial function

SCHEDULE 2—PROVISIONS FOR JUDICIAL OFFICERS AND OTHERS APPOINTED AS COMMISSIONERS, SUPERANNUATION AND SALARY SACRIFICE

Section 53(5)

1Effect of appointment of judicial officers

(1)A person holding a judicial office immediately before being appointed as a commissioner must cease to hold that judicial office on being appointed as a commissioner.

(2)If a commissioner was immediately before their appointment a judge of the Supreme Court, the commissioner's service as a commissioner counts as service in the office of judge of the Supreme Court for the purposes of entitlement to a pension under section 83 of the Constitution Act 1975.

(3)If a commissioner was immediately before their appointment a judge of the County Court, the commissioner's service as a commissioner counts as service in the office of judge of the County Court for the purposes of entitlement to a pension under section 14 of the County Court Act 1958.

(4)If a commissioner was immediately before their appointment the Chief Magistrate, the commissioner's service as a commissioner counts as service in the office of Chief Magistrate for the purposes of entitlement to a pension under section 10A of the Magistrates' Court Act 1989.

2Effect of appointment of former judicial officers

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

3Effect of appointment of certain other officers

If a commissioner was immediately before their appointment an officer within the meaning of the State Superannuation Act 1988, the commissioner continues to be such an officer during the commissioner's term of office as a commissioner.

4Salary sacrifice

(1)A commissioner, by notice in writing to the Minister, may enter into an arrangement under which the commissioner agrees to receive the whole or part of their total amount of future salary as non-salary benefits of an equivalent value.

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

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

(b)a later date.

(3)A commissioner may vary or revoke a notice the commissioner has given under subclause (1) by notice in writing to the Minister.

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

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

(b)a later date.

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

SCHEDULE 3—AMENDMENTS CONSEQUENTIAL ON VICTORIAN INSPECTORATE NAME CHANGE

Section 188

1Victorian Inspectorate Act 2011

1.1In section 36B—

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

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

1.2In section 42F—

(a)in subsection (1), for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)in subsection (3), for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

1.3In section 63—

(a)in subsection (6A)—

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

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

(b)in subsection (6B)—

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

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

1.4In section 83A—

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

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

1.5In section 83B—

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

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

2Parliamentary Workplace Standards and Integrity Act 2024

2.1In 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.

2.2In section 12(3)(c)(iii), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.3In section 22(2)(b)(iv), (3) and (6), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.4In section 24(2)(b)(v), (3) and (4), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.5In section 25(6), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.6In section 26(3), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.7In section 62(1)(b) and (2)(e), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.8In section 77—

(a)in subsection (1)(a)(i), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)for subsection (2)(e) substitute—

"(e)an Integrity Oversight Victoria Officer within the meaning of the Integrity Oversight Victoria Act 2011.".

2.9In the heading to section 80, for "Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.10In section 80, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.11In section 81—

(a)in subsections (3)(b) and (4)(b), for "the Victorian Inspectorate under the Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria under the Integrity Oversight Victoria Act 2011";

(b)in subsection (8), in the definition of relevant Act, in paragraph (c), for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.12In section 120, for '"and the Victorian Inspectorate" substitute ", the Victorian Inspectorate' substitute '"and Integrity Oversight Victoria" substitute ", Integrity Oversight Victoria'.

2.13In section 121, in proposed section 26A(2), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.14In section 122, for '"and the Victorian Inspectorate" substitute ", the Victorian Inspectorate' substitute '"and the Victorian Inspectorate" substitute ", Integrity Oversight Victoria'.

2.15In the heading to section 153, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.16In the heading to Division 11 of Part 6, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.17In section 162, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.18In section 163, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.19In the heading to section 164, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.20In section 164—

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

(b)in proposed section 11(4A), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.21In section 165—

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

(b)in proposed paragraph (ka), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.22In the heading to section 166, for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.23In section 166, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.24In section 167—

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

(b)in proposed section 36B—

(i)for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria".

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

2.25In section 168—

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

(b)in proposed section 42F—

(i)in subsection (1), for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria".

(ii)in subsection (3), for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

2.26In section 169—

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

(b)in proposed section 43(6A), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.27In section 170—

(a)in subsection (1)—

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

(ii)in proposed section 44(5A), for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria";

(b)in subsection (2), for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.28In section 171—

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

(b)in proposed section 46(3A), for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.29In section 172—

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

(b)in proposed section 47(3A), for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

2.30In section 173—

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

(b)in proposed section 48(3A), for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

2.31In section 174, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.32In section 175, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.33In section 176, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.34In section 177, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.35In section 178—

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

(b)in proposed section 63(6A)—

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

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

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

(c)in proposed section 63(6B)—

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

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

2.36In section 179, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.37In section 180, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.38In section 181, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.39In section 182—

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

(b)in proposed section 83A—

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

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

(c)in proposed section 83B—

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

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

2.40In section 183, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.41In section 184, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.42In section 185—

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

(b)in proposed section 89(3A), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.43In section 186—

(a)in subsection (1)—

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

(ii)in proposed section 91(1)(la), for "the Victorian Inspectorate's" substitute "Integrity Oversight Victoria's";

(iii)in proposed section 91(1)(lb) and (lc), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)in subsection (2)—

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

(ii)in proposed section 91(8A), for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

2.44In section 187, for "Victorian Inspectorate Act 2011" substitute "Integrity Oversight Victoria Act 2011".

2.45For item 7 of Part 1 of Schedule 1 substitute—

"7Integrity Oversight Victoria".

═════════════

ENDNOTES

1   General information

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

Minister's second reading speech—

Legislative Assembly: 29 May 2024

Legislative Council: 20 June 2024

The long title for the Bill for this Act was "A Bill for an Act to establish a Parliamentary Workplace Standards and Integrity Commission, Parliamentary Integrity Adviser and Parliamentary Ethics Committee, to make consequential and related amendments to Acts and for other purposes."

The Parliamentary Workplace Standards and Integrity Act 2024 was assented to on 20 August 2024 and comes into operation as follows:

Sections 1–187, 189, Schedules 1 and 2 on 31 December 2024: section 2(2).

Section 188 and Schedule 3 on 13 May 2025: section 2(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

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

References to ILA s. 39B

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

Interpretation

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

•     Headings

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

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

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

•     Location of "legislative items"

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

•     Other material

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

2   Table of Amendments

This publication incorporates amendments made to the Parliamentary Workplace Standards and Integrity Act 2024 by Acts and subordinate instruments.

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Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024[1]

Assent Date:	20.8.24
Commencement Date:	S. 188(Sch. 3 item 2) on 13.5.25: s. 2(3)
Current State:	This information relates only to the provision/s amending the Parliamentary Workplace Standards and Integrity Act 2024

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3   Explanatory details

[1] Table of Amendments (Parliamentary Workplace Standards and Integrity Act 2024): The amendments proposed by Schedule 3 items 2.13, 2.20(b), 2.21(b), 2.24(b), 2.25(b), 2.26(b), 2.27(a)(ii), 2.28(b), 2.29(b), 2.30(b), 2.35(b)(c), 2.39(b)(c), 2.42(b) and 2.43(a)(ii)(iii)(b)(ii) are not included in this publication because sections 121, 164, 165, 167–173, 178, 182, 185 and 186 had already commenced on 31 December 2024 and the provisions that they inserted into other Principal Acts were no longer "proposed".

Section 188(Schedule 3 items 2.13, 2.20(b), 2.21(b), 2.24(b), 2.25(b), 2.26(b), 2.27(a)(ii), 2.28(b), 2.29(b), 2.30(b), 2.35(b)(c), 2.39(b)(c), 2.42(b) and 2.43(a)(ii)(iii)(b)(ii)) read as follows:

2Parliamentary Workplace Standards and Integrity Act 2024

2.13In section 121, in proposed section 26A(2), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.20In section 164—

(b)in proposed section 11(4A), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.21In section 165—

(b)in proposed paragraph (ka), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.24In section 167—

(b)in proposed section 36B—

(i)for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria".

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

2.25In section 168—

(b)in proposed section 42F—

(i)in subsection (1), for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria".

(ii)in subsection (3), for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".

2.26In section 169—

(b)in proposed section 43(6A), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.27In section 170—

(a)in subsection (1)—

(ii)in proposed section 44(5A), for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria";

2.28In section 171—

(b)in proposed section 46(3A), for "The Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.29In section 172—

(b)in proposed section 47(3A), for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

2.30In section 173—

(b)in proposed section 48(3A), for "the Victorian Inspectorate" (wherever occurring) substitute "Integrity Oversight Victoria".

2.35In section 178—

(b)in proposed section 63(6A)—

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

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

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

(c)in proposed section 63(6B)—

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

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

2.39In section 182—

(b)in proposed section 83A—

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

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

(c)in proposed section 83B—

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

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

2.42In section 185—

(b)in proposed section 89(3A), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".

2.43In section 186—

(a)in subsection (1)—

(ii)in proposed section 91(1)(la), for "the Victorian Inspectorate's" substitute "Integrity Oversight Victoria's";

(iii)in proposed section 91(1)(lb) and (lc), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

(b)in subsection (2)—

(ii)in proposed section 91(8A), for "the Victorian Inspectorate" (where twice occurring) substitute "Integrity Oversight Victoria".