Public Interest Disclosures Act 2012 (Vic)

Version No. 030

Public Interest Disclosures Act 2012

No. 85 of 2012

Version incorporating amendments as at

10 February 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Meaning of improper conduct

5Meaning of police complaint disclosure

6Definitions of public body, public officer and public sector

7Other protections preserved

8Act binds the Crown

Part 2—Public interest disclosures

Division 1—General

9Public interest disclosure

10Not necessary to identify person or body to whom public interest disclosure relates

11Complaints, notifications and disclosures under other Acts may be public interest disclosures

Division 2—How and to whom a public interest disclosure may be made

12How a public interest disclosure may be made

12APublic interest disclosure may be made anonymously

13Persons or bodies to which public interest disclosures may be made

14Persons or bodies to which certain public interest disclosures must be made

15Disclosures by employees, etc. of public service body or public officer

16Public interest disclosures relating to Councils

17Public interest disclosures relating to members of Parliament, Ministers or Parliamentary Secretaries

18Misdirected disclosures

Division 3—Disclosures that are not public interest disclosures

19Person making disclosure may state that disclosure is not a public interest disclosure

20Disclosure made in performance of functions or duties

Part 3—Notification and assessment of public interest disclosures

Division 1—Notification

21Notification of disclosure to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee

22Chief Commissioner of Police must notify police complaint disclosure to the IBAC

23Provision of other information in respect of notified disclosure

24Advice to person making disclosure

Division 2—Determination of whether disclosure is a public interest complaint

26Assessment of public interest disclosure and determination by the IBAC

26AFurther assessment of disclosure determined not to be public interest complaint

27Advice to notifying entity

28Disclosure determined to be a public interest complaint—advice to person who made disclosure

29Disclosure determined not to be a public interest complaint—advice to person who made disclosure

30Advice regarding alternative procedures for dealing with disclosure

31Assessment of disclosure and determination by Integrity Oversight Victoria

31AFurther assessment of disclosure determined not to be public interest complaint

31BAssessment of disclosure and determination by the Integrity and Oversight Committee

Part 4—Disclosures determined to be public interest complaints

32Disclosure determined by the IBAC to be a public interest complaint

33Disclosure determined by Integrity Oversight Victoria to be a public interest complaint

33ADisclosure determined by the Integrity and Oversight Committee to be a public interest complaint

Part 4A—Engagement of independent person to investigate public interest complaints made or notified to the Integrity and Oversight Committee

33BPublic interest complaint relating to the Chief Integrity Inspector

33CAction by the Integrity and Oversight Committee on receipt of recommendation by the Minister

33DPublic interest complaint relating to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer

33EIntegrity and Oversight Committee may decline to engage independent investigator to investigate public interest complaint

33FFurther information provided to investigator

Part 5—Notification of related disclosures made in course of investigation

34Related disclosures

35Related disclosure made by person who made public interest complaint

36Related disclosure made by other person

37Related disclosure notified to an appropriate entity

37AInvestigation of related disclosure referred to investigating entity by an appropriate entity

Part 6—Protection of person making public interest disclosure

38Disclosures to which this Part applies

38AExternal disclosures

39Immunity from liability

40Confidentiality provisions do not apply

41Protection from defamation action

42Liability for own conduct

43Detrimental action in reprisal for public interest disclosure

44Management action not prevented

45Protection from reprisal

46Order for damages or reinstatement

47Proceedings for damages for reprisal

48Vicarious liability of public body

49Injunction or order

50Application for injunction or order

51Transfer of employee

Part 7—Confidentiality of disclosures

52Content of assessable disclosure must not be disclosed

53Identity of person making assessable disclosure must not be disclosed

54Circumstances in which information may be disclosed

Part 8—Functions and powers of the IBAC, Integrity Oversight Victoria and the Integrity and Oversight Committee

55Functions and powers of the IBAC

56Functions and powers of Integrity Oversight Victoria

56AFunctions and powers of the Integrity and Oversight Committee

Part 9—Guidelines, procedures and education

Division 1—Guidelines and procedures

57Guidelines

58Procedures—entities required to establish procedures

59Procedures—requirements

60Review of procedures

61Recommendation following review by the IBAC

62Review of procedures established by the IBAC, the Judicial Commission and the Ombudsman

63Recommendation following review by Integrity Oversight Victoria

Division 2—Guidelines and procedures relating to the Presiding Officers

64Guidelines

65Presiding Officer may establish procedures

Division 3—Advisory role

66The IBAC may give advice to the public sector

Part 10—Reports

67Annual report by the IBAC

68Annual report by Integrity Oversight Victoria

69Annual report by other investigating entities

70Annual report by public bodies that are not investigating entities

71Information likely to lead to identification of person who has made assessable disclosure

71AReport by person engaged by the Integrity and Oversight Committee to investigate public interest complaint

Part 11—General

Division 1—Offences and proceedings

72Offence to make false disclosure or provide false further information

73Offence to falsely claim disclosure is a public interest disclosure or is a public interest complaint

75Power to bring proceedings

Division 2—Miscellaneous

76Protection of public officers

77Immunity of the IBAC and Integrity Oversight Victoria and officers

78Exemption from Freedom of Information Act 1982

79Regulations

Part 12—Transitional and savings provisions

81Offence to reveal confidential information obtained or received under the Whistleblowers Protection Act 2001

82Transitional and savings provisions

83Transitional provisions—Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019

Schedule 1––Transitional and savings provisions

Schedule 2—Persons permitted to receive public interest disclosure on behalf of entity

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 030

Public Interest Disclosures Act 2012

No. 85 of 2012

Version incorporating amendments as at

10 February 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to encourage and facilitate disclosures of—

(i)improper conduct by public officers, public bodies and other persons; and

(ii)detrimental action taken in reprisal for a person making a disclosure under this Act; and

(b)to provide protection for—

(i)persons who make those disclosures; and

(ii)persons who may suffer detrimental action in reprisal for those disclosures; and

(ba)to ensure that those disclosures are properly assessed and, where necessary, investigated;

(c)to provide for the confidentiality of the content of those disclosures and the identity of persons who make those disclosures.

2Commencement

This Act comes into operation on a day or days to be proclaimed.

3Definitions

In this Act—

*                *                *                *                *

assessable disclosure means—

(a)a disclosure that, under section 21(2), must be notified to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee;

*                *                *                *                *

(c)a disclosure that, under section 36(2), must be notified to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee;

(d)a disclosure made to the IBAC in accordance with Division 2 of Part 2;

(e)a disclosure made to Integrity Oversight Victoria under section 14(b);

(f)a disclosure made to the Integrity and Oversight Committee under section 14(a);

(g)a police complaint disclosure that, under section 22, must be notified to the IBAC;

(h)a police complaint disclosure made to the IBAC;

*                *                *                *                *

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

Chief Municipal Inspector has the same meaning as it has in section 3(1) of the Local Government Act 2020;

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

Council has the same meaning as it has in section 3(1) of the Local Government Act 2020;

Councillor has the same meaning as it has in section 3(1) of the Local Government Act 2020;

detrimental action includes—

(a)action causing injury, loss or damage;

(b)intimidation or harassment;

(c)discrimination, disadvantage or adverse treatment in relation to a person's employment, career, profession, trade or business, including the taking of disciplinary action;

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

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

improper conduct has the meaning given by section 4;

Information Commissioner has the same meaning as it has in section 5(1) of the Freedom of Information Act 1982;

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

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

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

investigating entity means—

(a)the IBAC;

(b)Victoria Police;

(c)the Ombudsman;

(d)Integrity Oversight Victoria;

(e)the Judicial Commission and if the Judicial Commission has appointed an investigating panel to investigate a complaint that is, or includes, a public interest complaint, the investigating panel;

(f)the Chief Municipal Inspector;

(g)the Racing Integrity Commissioner;

(h)the Information Commissioner;

(i)the Parliamentary Workplace Standards and Integrity Commission;

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

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

Judicial Commission officer has the same meaning as in the Judicial Commission of Victoria Act 2016;

judicial officer means the following—

(a)a Judge of the Supreme Court;

(b)an Associate Judge of the Supreme Court;

(c)a reserve Judge within the meaning of the Constitution Act 1975;

(ca)a reserve Associate Judge within the meaning of the Supreme Court Act 1986;

(d)a Judge or a reserve Judge of the Supreme Court who is appointed or assigned to VCAT;

(e)a judge of the County Court;

(f)an associate judge of the County Court;

(g)a reserve judge within the meaning of the County Court Act 1958;

(ga)a reserve associate judge within the meaning of the County Court Act 1958;

(h)a judge or a reserve judge of the County Court who is appointed or assigned to VCAT;

(i)a magistrate of the Magistrates' Court;

(j)a reserve magistrate within the meaning of the Magistrates' Court Act 1989;

(k)a magistrate or a reserve magistrate who is appointed or assigned to the Coroners Court, the Children's Court or VCAT;

(l)a coroner;

(la)a reserve coroner within the meaning of the Coroners Act 2008;

(m)a judicial registrar;

judicial registrar means a judicial registrar of the Supreme Court, the County Court, the Magistrates' Court, the Children's Court or the Coroners Court;

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

misdirected disclosure has the meaning given in section 18(1);

*                *                *                *                *

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

Ombudsman officer has the same meaning as it has in section 2(1) of the Ombudsman Act 1973;

*                *                *                *                *

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

police complaint disclosure has the meaning given by section 5;

*                *                *                *                *

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

Note

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

*                *                *                *                *

Presiding Officer means—

(a)the Speaker of the Legislative Assembly; or

(b)the President of the Legislative Council;

*                *                *                *                *

*                *                *                *                *

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

public body has the meaning given by section 6;

public interest complaint means a disclosure that has been determined under section 26, 31 or 31B to be a public interest complaint;

public interest disclosure has the meaning given in section 9;

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

public officer has the meaning given by section 6;

public sector has the meaning given by section 6;

Racing Integrity Commissioner has the same meaning as it has in section 3(1) of the Racing Act 1958;

Special Investigations Monitor means the Special Investigations Monitor appointed under section 5 of the Major Crime (Special Investigations Monitor) Act 2004;

*                *                *                *                *

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

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

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

*                *                *                *                *

*                *                *                *                *

4Meaning of improper conduct

(1)For the purposes of this Act, improper conduct means—

(a)corrupt conduct; or

(b)conduct of a public officer or public body engaged in by the public officer or public body in their capacity as a public officer or a public body that constitutes—

(i)a criminal offence; or

(ii)serious professional misconduct; or

(iii)dishonest performance of public functions; or

(iv)an intentional or reckless breach of public trust; or

(v)an intentional or reckless misuse of information or material acquired in the course of the performance of the functions of the public officer or public body; or

(vi)a substantial mismanagement of public resources; or

(vii)a substantial risk to the health or safety of one or more persons; or

(viii)a substantial risk to the environment; or

(c)conduct of any person that—

(i)adversely affects the honest performance by a public officer or public body of their functions as a public officer or public body; or

(ii)is intended to adversely affect the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body and results in the person, or an associate of the person, obtaining—

(A)a licence, permit, approval, authority or other entitlement under any Act or subordinate instrument; or

(B)an appointment to a statutory office or as a member of the board of any public body under any Act or subordinate instrument; or

(C)a financial benefit or real or personal property; or

(D)any other direct or indirect monetary or proprietary gain—

that the person or associate would not have otherwise obtained; or

(d)conduct of any person that could constitute a conspiracy or attempt to engage in any of the conduct referred to in paragraph (a), (b) or (c).

(2)Despite subsection (1), conduct that is trivial does not constitute improper conduct for the purposes of this Act.

(2A)For the purposes of section 4(1)(c)(ii), the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body may be adversely affected notwithstanding that the public officer or public body does not engage in any corrupt conduct or other misconduct in performing or exercising those functions or powers.

(2B)For the purposes of section 4(1)(c)(ii), an associate of a first person is—

(a)a person or entity who has an agreement, arrangement or understanding with the first person or holds any relevant financial interest in any business of the first person;

(b)if the first person is a natural person, a person who is a relative of the first person;

(c)if the first person is a body corporate—

(i)an entity of whom the first person is an associate within the meaning of section 11 of the Corporations Act; or

(ii)an employee or officer of a related body corporate within the meaning of the Corporations Act to the first person.

(2C)For the purposes of subsection (2B)—

relative means—

(a)the spouse or domestic partner of the first person;

(b)a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the first person;

(c)a step-father, step-mother, legal guardian, step-son, step-daughter, step-brother, step-sister, father‑in‑law, mother-in-law, son‑in-law, daughter-in-law, brother-in-law or sister-in-law of the first person;

(d)a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the spouse or domestic partner of the first person;

(e)a step-father, step-mother, legal guardian, step-son, step-daughter, step-brother, step-sister, father‑in‑law, mother-in-law, son‑in-law, daughter-in-law, brother-in-law or sister-in-law of the spouse or domestic partner of the first person;

relevant financial interest includes any share in the capital of a business of the first person or any entitlement to receive any income or payment from a business of the first person.

(3)This Act does not apply to any conduct of any person that can be considered by the Court of Disputed Returns in proceedings in relation to a petition under Part 8 of the Electoral Act 2002.

*                *                *                *                *

5Meaning of police complaint disclosure

(1)For the purposes of this Act, a police complaint disclosure is a complaint made by a police officer or protective services officer about another police officer or protective services officer to—

(a)the Chief Commissioner of Police; or

(b)the IBAC; or

(c)another police officer or protective services officer of more senior rank who is not the Chief Commissioner of Police that is referred by that police officer or protective services officer to the Chief Commissioner under section 168 of the Victoria Police Act 2013.

(2)A complaint referred to in subsection (1) is taken to be a disclosure for the purposes of this Act.

*                *                *                *                *

6Definitions of public body, public officer and public sector

For the purposes of this Act—

public body means—

(a)a public body within the meaning of section 6 of the Independent Broad-based Anti-corruption Commission Act 2011; or

(b)the IBAC; or

(ba)Integrity Oversight Victoria; or

(c)any other body or entity prescribed for the purposes of this definition;

public officer means—

(a)a public officer within the meaning of section 6 of the Independent Broad-based Anti-corruption Commission Act 2011; or

(b)an IBAC Officer; or

(ba)an Integrity Oversight Victoria Officer; or

(bb)a Public Interest Monitor; or

(c)any other person prescribed for the purposes of this definition;

public sector means the sector comprising all public bodies and public officers.

7Other protections preserved

This Act does not limit the protection given by any other Act or law to a person who makes a disclosure of any kind.

8Act binds the Crown

(1)This Act binds the Crown—

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

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

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

PART 2—PUBLIC INTEREST DISCLOSURES

Division 1—General

9Public interest disclosure

(1)Subject to subsection (3) and Division 3, a public interest disclosure is a disclosure by a natural person of—

(a)information that shows or tends to show—

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

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

(b)information that the person reasonably believes shows or tends to show—

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

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

(2)A public interest disclosure may be about conduct that has occurred before the commencement of this section.

(3)A disclosure regarding the conduct of, or actions taken by, any of the following is not a public interest disclosure—

(a)the Office of the Special Investigations Monitor;

(b)the Special Investigations Monitor;

(c)a court;

(d)an investigating panel;

(e)a member of an investigating panel.

10Not necessary to identify person or body to whom public interest disclosure relates

A public interest disclosure may be made even if the person making the disclosure cannot identify the person or the body to whom or to which the disclosure relates.

11Complaints, notifications and disclosures under other Acts may be public interest disclosures

A disclosure may be a public interest disclosure even if it is a complaint, notification or disclosure (however described) made under another Act.

Division 2—How and to whom a public interest disclosure may be made

12How a public interest disclosure may be made

(1)A public interest disclosure to an entity must be made in accordance with the procedures established by the entity under section 58.

(2)A public interest disclosure to an entity may be made to a person permitted to receive a disclosure on behalf of the entity (a permitted person).

(3)A public interest disclosure may be made orally or in writing.

(4)A public interest disclosure made to an entity in writing must be addressed to the entity or a permitted person and sent (by post or electronically) or delivered to, or left at, the office of the entity or the permitted person.

(5)For the purposes of this Division, a person specified in column 2 of the Table in Schedule 2 is permitted to receive a public interest disclosure on behalf of the entity specified opposite in column 1 of that Table.

12APublic interest disclosure may be made anonymously

(1)Despite any contrary provision in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006), a public interest disclosure may be made anonymously.

(2)A provision of this or any other Act requiring an entity to notify, advise or otherwise communicate with a person who has made a public interest disclosure does not apply if the person makes the disclosure anonymously.

13Persons or bodies to which public interest disclosures may be made

(1)Unless required to be made to another entity under section 14 or 17, a public interest disclosure must be made to a person or entity in accordance with this section.

(2)A public interest disclosure may be made to—

(a)the IBAC; or

(b)the Ombudsman; or

(c)Integrity Oversight Victoria.

(3)A public interest disclosure may be made to a public service body within the meaning of section (4)(1) of the Public Administration Act 2004 if the disclosure relates to the conduct of the public service body or of a member, officer or employee of the public service body.

(4)Subsection (3) does not apply in relation to a service, program or initiative provided by a prescribed entity.

(5)A public interest disclosure may be made to a public officer prescribed for the purposes of this section if the disclosure relates to an employee of, or any person otherwise engaged by, or acting on behalf of, or acting as a deputy or delegate of that public officer.

14Persons or bodies to which certain public interest disclosures must be made

Except as provided in section 15, a public interest disclosure must be made—

(a)to the Integrity and Oversight Committee or a Presiding Officer, if the disclosure relates to—

(i)Integrity Oversight Victoria; or

(ii)an Integrity Oversight Victoria Officer;

(b)to Integrity Oversight Victoria, if the disclosure relates to—

(i)the IBAC; or

(ii)an IBAC Officer; or

(iii)a Public Interest Monitor;

*                *                *                *                *

(c)to the IBAC or the Judicial Commission, if the disclosure relates to—

(i)a judicial officer; or

(ii)a member of VCAT who is not a judicial officer;

(d)to the IBAC or to Victoria Police, if the disclosure relates to a member of Victoria Police personnel, other than the Chief Commissioner of Police;

*                *                *                *                *

(e)to the IBAC or the Ombudsman, if the disclosure relates to—

*                *                *                *                *

(ii)the Information Commissioner; or

(iii)the Health Complaints Commissioner appointed under the Health Complaints Act 2016;

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

(f)to the IBAC or Integrity Oversight Victoria, if the disclosure relates to—

(i)the Chief Examiner or an Examiner appointed under section 21 of the Major Crime (Investigative Powers) Act 2004; or

(ii)an Ombudsman officer; or

(iii)a VAGO officer; or

(iv)a Judicial Commission officer, other than a judicial member of the Board of the Judicial Commission; or

(v)the Parliamentary Workplace Standards and Integrity Commission or a commissioner or Commission officer within the meaning of the Parliamentary Workplace Standards and Integrity Act 2024;

(g)to the IBAC, if the disclosure relates to—

(i)the Chief Commissioner of Police; or

(ii)the Director of Public Prosecutions appointed under the Constitution Act 1975; or

(iii)the Chief Crown Prosecutor appointed under the Public Prosecutions Act 1994; or

(iv)the Solicitor-General appointed under the Attorney-General and Solicitor-General Act 1972; or

(v)the Governor appointed under the Constitution Act 1975; or

(vi)the Lieutenant-Governor or Administrator appointed under the Constitution Act 1975; or

(vii)the Director, Police Integrity, appointed under the Police Integrity Act 2008; or

(viii)the Electoral Commissioner appointed under the Electoral Act 2002; or

(ix)a commissioner within the meaning of the Inquiries Act 2014; or

(x)a member of a Board of Inquiry within the meaning of the Inquiries Act 2014; or

(xi)a judicial employee employed under Division 3 of Part 6 of the Public Administration Act 2004; or

(xii)a Ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004; or

(xiii)a Parliamentary adviser employed under Division 2 of Part 6 of the Public Administration Act 2004; or

(xiv)an electorate officer employed under Part 4 of the Parliamentary Administration Act 2005; or

(xv)a Parliamentary officer within the meaning of section 4(1) of the Parliamentary Administration Act 2005.

15Disclosures by employees, etc. of public service body or public officer

(1)A public interest disclosure, including a disclosure that otherwise is required to be made to another entity under section 14 or 17(3), may be made in accordance with this section.

(2)A public interest disclosure may be made to a public service body by a member, officer or employee of the public service body.

(3)A public interest disclosure may be made to a public officer prescribed for the purposes of section 13(5) by a member, officer or employee of the public officer.

(4)A public interest disclosure that relates to a member of Parliament may not be made under this section.

16Public interest disclosures relating to Councils

(1)A public interest disclosure that relates to the conduct of a Council or of a member, officer or employee of a Council may be made to that Council or to the Chief Municipal Inspector.

(2)A public interest disclosure may be made to a Council or to the Chief Municipal Inspector by a person who is a member, officer or employee of the Council unless—

(a)the disclosure is required to be made to another entity under section 14 or 17(3); or

(b)the disclosure relates to a member of Parliament.

17Public interest disclosures relating to members of Parliament, Ministers or Parliamentary Secretaries

(1)A public interest disclosure that relates to a member of the Legislative Assembly (whether in the member's capacity as a member of Parliament, a Minister of the Crown or a Parliamentary Secretary) must be made to—

(a)the Speaker of the Legislative Assembly; or

(b)the Parliamentary Workplace Standards and Integrity Commission; or

(c)the IBAC.

(2)A public interest disclosure that relates to a member of the Legislative Council (whether in the member's capacity as a member of Parliament, a Minister of the Crown or a Parliamentary Secretary) must be made to—

(a)the President of the Legislative Council; or

(b)the Parliamentary Workplace Standards and Integrity Commission; or

(c)the IBAC.

(3)Except as provided in section 15, a public interest disclosure that relates to a Minister of the Crown who is not a member of Parliament must be made to—

(a)the Parliamentary Workplace Standards and Integrity Commission; or

(b)the IBAC.

18Misdirected disclosures

(1)A public interest disclosure made to an entity (the receiving entity) that is not an entity to which the disclosure may or must be made under this Division is a misdirected disclosure if—

(a)the receiving entity is an entity to which a public interest disclosure may be made under this Division; and

(b)the person who made the disclosure honestly believed that the receiving entity was an appropriate entity to which to make the disclosure.

Note

A misdirected disclosure may be notified for assessment under section 21 if the receiving entity considers that the disclosure shows or tends to show either of the matters mentioned in section 21(1)(b)(i) or (ii). Also, the protections under Part 6 apply to a misdirected disclosure. See section 38.

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Division 3—Disclosures that are not public interest disclosures

19Person making disclosure may state that disclosure is not a public interest disclosure

(1)Despite section 9, a disclosure is not a public interest disclosure if the person making the disclosure expressly states in writing that the disclosure is not a public interest disclosure.

Note

Consequently, the disclosure is not required to be notified to, or assessed by, the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee and the protections under Part 6 do not apply to the disclosure.

(2)A written statement referred to in subsection (1) must be given to the entity to which the disclosure is made no later than 28 days after the disclosure is made.

Note

Subsection (2) does not operate to prevent a receiving entity from notifying a disclosure under Division 1 of Part 3 at any time before the expiry of the 28 day period referred to in that subsection if, at the time of the notification, the person has not made a statement under subsection (1).

20Disclosure made in performance of functions or duties

(1)A disclosure is not a public interest disclosure if the disclosure is made by an officer or employee of an investigating entity in the performance of the officer's or the employee's functions or duties under the Act under which the investigating entity is authorised to investigate public interest complaints.

(2)Subsection (1) does not apply if—

(a)at the time the disclosure is made, the person making the disclosure expressly states in writing that the disclosure is a public interest disclosure; and

(b)the disclosure is otherwise made in accordance with Division 2.

PART 3—NOTIFICATION AND ASSESSMENT OF PUBLIC INTEREST DISCLOSURES

Division 1—Notification

21Notification of disclosure to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee

(1)This section applies if—

(a)a public interest disclosure—

(i)is made in accordance with Division 2 of Part 2 to an entity other than to—

(A)the IBAC; or

(B)Integrity Oversight Victoria under section 14(b); or

(C)the Integrity and Oversight Committee under section 14(a); or

(ii)is a misdirected disclosure; and

(b)the entity that received the disclosure (the receiving entity) considers that the disclosure may be a disclosure that—

(i)shows or tends to show—

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

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

(ii)the person who made the disclosure believes on reasonable grounds shows or tends to show—

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

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

(2)The receiving entity must, no later than 28 days after the disclosure is made, notify the disclosure to the appropriate entity for assessment under this Part.

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(4)For the purposes of subsection (2), the appropriate entity to which a public interest disclosure must be notified is—

(a)the Integrity and Oversight Committee—if the disclosure relates to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer; or

(b)Integrity Oversight Victoria—if the disclosure relates to the IBAC, an IBAC Officer or a Public Interest Monitor; or

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(c)the IBAC—if the disclosure relates to any other person or body.

Note

The protections under Part 6 apply to a public interest disclosure whether or not the disclosure is notified to the appropriate entity under this section.

22Chief Commissioner of Police must notify police complaint disclosure to the IBAC

(1)This section applies if—

(a)a police complaint disclosure is made to the Chief Commissioner of Police or referred to the Chief Commissioner under section 168 of the Victoria Police Act 2013; and

(b)the Chief Commissioner considers that the disclosure may be a disclosure that—

(i)shows or tends to show—

(A)a police officer or protective services officer has engaged, is engaging or proposes to engage in improper conduct; or

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

(ii)the person who made the disclosure believes on reasonable grounds shows or tends to show—

(A)a police officer or protective services officer has engaged, is engaging or proposes to engage in improper conduct; or

(B)a police officer or protective services officer has taken, is taking or proposes to take detrimental action against a person in contravention of section 45.

(2)The Chief Commissioner of Police must, no later than 28 days after the police complaint disclosure is made or referred to the Chief Commissioner, notify the disclosure to the IBAC for assessment under this Part.

Note

The protections under Part 6 apply to a police complaint disclosure whether or not the disclosure is notified to the IBAC under this section.

23Provision of other information in respect of notified disclosure

(1)An entity that has notified a public interest disclosure to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee (the notified entity) under section 21 or 22 may provide to the notified entity any information in respect of the disclosure obtained in the course of determining that the disclosure is a disclosure that must be notified.

(2)Information may be provided to the notified entity under subsection (1) at the time of the notification of the public interest disclosure or at any later time.

24Advice to person making disclosure

(1)This section applies if—

(a)a public interest disclosure referred to in section 21(1)(a) is made to an entity; or

(b)a police complaint disclosure is made or referred to the Chief Commissioner of Police.

(2)If the disclosure is notified under section 21(2) or 22(2), the entity or the Chief Commissioner (the receiving entity) must advise the person who made the disclosure that the disclosure has been notified to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee (as the case may be) for assessment under this Act.

(3)Subject to subsection (5), if the disclosure is not notified under section 21(2) or 22(2), the receiving entity must advise the person who made the disclosure that—

(a)the receiving entity considers that—

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

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

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

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

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

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

(b)consequently, the disclosure has not been notified for assessment under this Act; but

(c)the protections under Part 6 apply to the disclosure.

(4)Advice given under subsection (2) or (3) must be—

(a)in writing; and

(b)given no later than 28 days after the disclosure is made to the receiving entity.

(5)A receiving entity is not required to advise the person under subsection (3) unless the person has indicated to the receiving entity, or it otherwise appears to the receiving entity, that the person wishes to receive the protections that apply to a public interest disclosure under this Act.

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Division 2—Determination of whether disclosure is a public interest complaint

26Assessment of public interest disclosure and determination by the IBAC

(1)If—

(a)a public interest disclosure is made to the IBAC in accordance with Division 2 of Part 2; or

(b)a public interest disclosure is notified to the IBAC under section 21; or

(c)a police complaint disclosure is notified to the IBAC under section 22; or

(d)a police complaint disclosure is made to the IBAC—

the IBAC must assess the disclosure to determine whether or not the disclosure is a public interest complaint.

(2)If a disclosure is made or notified to the IBAC in accordance with any other Act, the IBAC may assess the disclosure to determine whether or not the disclosure is a public interest complaint.

(3)Following an assessment under subsection (1) or (2), the IBAC must—

(a)determine that the disclosure is a public interest complaint if the IBAC considers that—

(i)the disclosure shows or tends to show—

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

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

(ii)the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show—

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

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

(b)determine that the disclosure is not a public interest complaint in any other case.

Note

The protections under Part 6 apply to a public interest disclosure or a police complaint disclosure whether or not the IBAC has determined that the disclosure is a public interest complaint.

(4)A determination under subsection (3) must be made within a reasonable time after the disclosure is made, or notified, to the IBAC.

(5)Despite subsection (3)(a) and subject to subsection (6), the IBAC may determine that a disclosure which has been notified to the IBAC under section 21 or 22 is not a public interest complaint if the IBAC considers that—

(a)it would be more appropriate for the matter which is the subject of the disclosure to be dealt with by the notifying entity or another public body; or

(b)the matter which is the subject of the disclosure has been adequately dealt with—

(i)by the notifying entity or another public body as required by law or by another Act; or

(ii)as required under an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth.

(6)Before determining under subsection (5) that a notified disclosure is not a public interest complaint, the IBAC must—

(a)consult with the notifying entity; and

(b)unless the disclosure was made anonymously, obtain the consent of the person who made the disclosure for the disclosure to be dealt with other than as a public interest complaint.

(7)The IBAC must not exercise any of its powers of investigation under the Independent Broad-based Anti-corruption Commission Act 2011 when making an assessment under subsection (1) or (2).

26AFurther assessment of disclosure determined not to be public interest complaint

If the IBAC has determined under section 26 that a disclosure is not a public interest complaint, the IBAC may—

(a)assess whether the disclosure is a complaint or notification under the Independent Broad-based Anti-corruption Commission Act 2011; and

(b)if so, deal with the disclosure as a complaint or notification under that Act.

27Advice to notifying entity

(1)If a disclosure has been notified to the IBAC by an entity under section 21 or 22, the IBAC must advise the entity of the IBAC's determination under section 26.

(2)The advice must be—

(a)in writing; and

(b)given within a reasonable time after the determination is made.

28Disclosure determined to be a public interest complaint—advice to person who made disclosure

(1)If the IBAC determines that a disclosure is a public interest complaint, the IBAC must advise the person who made the disclosure that—

(a)the IBAC has determined that the disclosure is a public interest complaint; and

(b)the protections under Part 6 apply to the disclosure.

(2)The advice must be—

(a)in writing; and

(b)given within a reasonable time after the determination is made.

(3)The advice must include a written statement containing the prescribed matters relating to the rights, protections and obligations under this Act of a person who has made a public interest disclosure.

29Disclosure determined not to be a public interest complaint—advice to person who made disclosure

(1)Subject to subsection (3), if the IBAC determines that a disclosure is not a public interest complaint, the IBAC must advise the person who made the disclosure that—

(a)the IBAC has determined that the disclosure is not a public interest complaint; and

(b)as a consequence of that determination—

(i)the disclosure will not be investigated as a public interest complaint; and

(ii)the confidentiality provisions under Part 7 of this Act no longer apply in relation to the disclosure; but

(c)the protections under Part 6 apply to the disclosure.

(2)The advice must—

(a)be in writing; and

(b)state the reasons why the IBAC has determined that the disclosure is not a public interest complaint; and

(c)be given within a reasonable time after the determination is made.

(3)If the disclosure was made by a person to the IBAC, the IBAC is not required to advise the person under subsection (1) unless the person has indicated to the IBAC, or it otherwise appears to the IBAC, that the person wishes to receive the protections that apply to a public interest disclosure under this Act.

30Advice regarding alternative procedures for dealing with disclosure

If the IBAC determines that a disclosure is not a public interest complaint but considers that the matter which is the subject of the disclosure may be able to be dealt with by another entity, the IBAC may advise the person who made the disclosure that—

(a)the matter which is the subject of the disclosure may be able to be dealt with by that entity other than as a public interest complaint; and

(b)if the person wishes to pursue the matter, the person should make a complaint directly to that entity.

31Assessment of disclosure and determination by Integrity Oversight Victoria

(1)If a public interest disclosure that relates to the IBAC, an IBAC Officer or a Public Interest Monitor—

(a)is made to Integrity Oversight Victoria in accordance with Division 2 of Part 2; or

(b)is notified to Integrity Oversight Victoria under section 21—

Integrity Oversight Victoria must assess the disclosure to determine whether or not the disclosure is a public interest complaint.

(2)Following an assessment under subsection (1), Integrity Oversight Victoria must—

(a)determine that the disclosure is a public interest complaint if Integrity Oversight Victoria considers that—

(i)the disclosure shows or tends to show—

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

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

(ii)the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show—

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

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

(b)determine that the disclosure is not a public interest complaint in any other case.

Note

The protections under Part 6 apply to a public interest disclosure whether or not Integrity Oversight Victoria has determined that the disclosure is a public interest complaint.

(3)A determination under subsection (2) must be made within a reasonable time after the disclosure is made, or notified, to Integrity Oversight Victoria.

(4)Integrity Oversight Victoria must not exercise any of its powers of investigation under the Integrity Oversight Victoria Act 2011 when making an assessment under subsection (1).

(5)Sections 27, 28, 29 and 30 apply to a public interest disclosure assessed by Integrity Oversight Victoria under subsection (1) as if a reference to the IBAC were a reference to Integrity Oversight Victoria.

31AFurther assessment of disclosure determined not to be public interest complaint

If Integrity Oversight Victoria has determined under section 31 that a disclosure is not a public interest complaint, Integrity Oversight Victoria may—

(a)assess whether the disclosure is a complaint under the Integrity Oversight Victoria Act 2011; and

(b)if so, deal with the disclosure as a complaint under that Act.

31BAssessment of disclosure and determination by the Integrity and Oversight Committee

(1)If a public interest disclosure that relates to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer—

(a)is made to the Integrity and Oversight Committee in accordance with Division 2 of Part 2; or

(b)is notified to the Integrity and Oversight Committee under section 21—

the Integrity and Oversight Committee must assess the disclosure to determine whether or not the disclosure is a public interest complaint.

(2)Following an assessment under subsection (1), the Integrity and Oversight Committee must—

(a)determine that the disclosure is a public interest complaint if the Committee considers that—

(i)the disclosure shows or tends to show—

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

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

(ii)the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show—

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

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

(b)determine that the disclosure is not a public interest complaint in any other case.

Note

The protections under Part 6 apply to a public interest disclosure whether or not the Integrity and Oversight Committee has determined that the disclosure is a public interest complaint.

(3)A determination under subsection (2) must be made within a reasonable time after the disclosure is made, or notified, to the Integrity and Oversight Committee.

(4)The Integrity and Oversight Committee must not exercise any of its powers of investigation under the Parliamentary Committees Act 2003 when making an assessment under subsection (1).

(5)Sections 27, 28, 29 and 30 apply to a public interest disclosure assessed by the Integrity and Oversight Committee under subsection (1) as if a reference to the IBAC were a reference to the Integrity and Oversight Committee.

PART 4—DISCLOSURES DETERMINED TO BE PUBLIC INTEREST COMPLAINTS

32Disclosure determined by the IBAC to be a public interest complaint

If the IBAC determines that a disclosure is a public interest complaint, the IBAC must deal with the disclosure in accordance with the Independent Broad-based Anti-corruption Commission Act 2011.

Note

Under section 7 of the Independent Broad-based Anti-corruption Commission Act 2011, a public interest complaint is taken to be a complaint for the purposes of that Act (other than Divisions 1 and 2 of Part 3).

33Disclosure determined by Integrity Oversight Victoria to be a public interest complaint

If Integrity Oversight Victoria determines that a disclosure is a public interest complaint, Integrity Oversight Victoria must deal with the disclosure in accordance with the Integrity Oversight Victoria Act 2011.

Note

Under section 4 of the Integrity Oversight Victoria Act 2011, a public interest complaint is taken to be a complaint for the purposes of that Act.

33ADisclosure determined by the Integrity and Oversight Committee to be a public interest complaint

If the Integrity and Oversight Committee determines that a disclosure is a public interest complaint, the Committee must engage an independent person to investigate the disclosure in accordance with Part 4A.

PART 4A—ENGAGEMENT OF INDEPENDENT PERSON TO INVESTIGATE PUBLIC INTEREST COMPLAINTS MADE OR NOTIFIED TO THE INTEGRITY AND OVERSIGHT COMMITTEE

33BPublic interest complaint relating to the Chief Integrity Inspector

(1)If the Integrity and Oversight Committee has determined that a public interest disclosure relating to the Chief Integrity Inspector is a public interest complaint, the Committee must—

(a)notify the Minister that the Committee has received a public interest disclosure relating to the Chief Integrity Inspector that the Committee has determined to be a public interest complaint; and

(b)request that the Minister recommend one or more independent persons to investigate the public interest complaint; and

(c)provide to the Minister sufficient information about the nature of the disclosure to enable the Minister to make that recommendation.

(2)The information referred to in subsection (1)(c) must not identify the person who made the public interest disclosure.

(3)Within 30 days after receiving a notification under subsection (1), the Minister must recommend to the Integrity and Oversight Committee one or more independent persons who, in the opinion of the Minister, are suitable to investigate the public interest complaint.

(4)In this section—

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

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33CAction by the Integrity and Oversight Committee on receipt of recommendation by the Minister

(1)On receipt of the recommendation by the Minister of a person or persons to investigate the public interest complaint, the Integrity and Oversight Committee may—

(a)engage one of the persons recommended by the Minister to investigate the public interest complaint under section 30 of the Parliamentary Committees Act 2003; or

(b)decide to accept none of the persons recommended by the Minister.

(2)If the Integrity and Oversight Committee engages a person recommended by the Minister to investigate the public interest complaint, the Committee must notify the Minister in writing of its decision within 30 days after the Minister's recommendation is received by the Committee.

(3)If the Integrity and Oversight Committee decides to accept none of the persons recommended by the Minister, the Committee must request that the Minister recommend to the Committee one or more additional persons to investigate the public interest complaint.

(4)Within 30 days after receiving a request from the Integrity and Oversight Committee under subsection (3), the Minister must recommend one or more additional persons to investigate the public interest complaint.

(5)Subsections (1) to (3) apply in relation to a recommendation made by the Minister under subsection (4).

33DPublic interest complaint relating to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer

(1)If the Integrity and Oversight Committee has determined that a public interest disclosure relating to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer is a public interest complaint, the Committee must engage an independent person to investigate the public interest complaint under section 30 of the Parliamentary Committees Act 2003.

(2)The Integrity and Oversight Committee must notify the engagement of an independent person to investigate a public interest complaint relating to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer to—

(a)the Minister; and

(b)the Chief Integrity Inspector, unless the Committee reasonably believes that notifying the Chief Integrity Inspector could prejudice the investigation.

(3)For the purposes of this section, an Integrity Oversight Victoria Officer does not include the Chief Integrity Inspector.

(4)In this section—

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

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33EIntegrity and Oversight Committee may decline to engage independent investigator to investigate public interest complaint

(1)Despite section 33B(1) and 33D(1), the Integrity and Oversight Committee may decide not to request the Minister to recommend an independent person to investigate a public interest complaint or decide not to engage an independent person to investigate a public interest complaint if the Committee considers—

(a)the subject matter of the public interest complaint has already been investigated or otherwise dealt with by—

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

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

(b)the person who made the public interest complaint—

(i)made the disclosure that was determined to be a public interest complaint more than 12 months after becoming aware of the disclosed matter; and

(ii)fails to give a satisfactory explanation for the delay in making the disclosure.

(2)If subsection (1) applies, the Integrity and Oversight Committee must, within a reasonable time after receiving the public interest complaint, inform the person who made the public interest disclosure of—

(a)the refusal to investigate the public interest complaint; and

(b)the reason for that refusal.

33FFurther information provided to investigator

If a person engaged under this Part to conduct an investigation is provided with further information that relates to the public interest complaint that is the subject of the investigation, the person conducting the investigation must—

(a)notify the further information to the Integrity and Oversight Committee; and

(b)state in the notification that the further information is to be treated as if it were a disclosure to which the protections under Part 6 apply.

PART 5—NOTIFICATION OF RELATED DISCLOSURES MADE IN COURSE OF INVESTIGATION

34Related disclosures

(1)For the purposes of this Part a disclosure is a related disclosure if—

(a)the disclosure is made to an investigating entity, other than in the circumstances specified in subsection (2), in the course of its investigation of a public interest complaint; and

(b)the investigating entity is an entity to which the disclosure may be made under Division 2 of Part 2; and

(c)the disclosure concerns the same subject matter as the public interest complaint being investigated by that entity.

(2)For the purposes of subsection (1)(a), the following circumstances are specified—

(a)the disclosure is made to—

(i)the IBAC; or

(ii)Integrity Oversight Victoria in the course of its investigation of a public interest complaint made to it under section 14(b); or

(b)the investigating entity to which the disclosure is made—

(i)is unable to investigate the disclosure because it is not authorised to do so under the Act authorising the investigation of the public interest complaint to which the disclosure relates; or

(ii)is able to investigate the disclosure but does not intend to investigate the disclosure as part of its investigation of the public interest complaint to which the disclosure relates.

35Related disclosure made by person who made public interest complaint

A related disclosure made to an investigating entity by the person who made the public interest complaint to which it relates—

(a)is taken to be part of the public interest complaint; and

(b)despite section 21, is not required to be notified to the IBAC for assessment under Part 3; and

(c)must be investigated by the investigating entity as part of its investigation of the public interest complaint.

Note

Under section 38(5) further information relating to a public interest disclosure provided by the person who made the disclosure is to be treated for the purposes of Part 6 as if it were a public interest disclosure.

36Related disclosure made by other person

(1)This section applies—

(a)if a related disclosure is made to an investigating entity by a person other than the person who made the public interest complaint; and

(b)regardless of whether the related disclosure is made in accordance with Division 2 of Part 2.

(2)Despite section 21, the investigating entity must notify the related disclosure to the appropriate entity if, and only if, the investigating entity considers that—

(a)the related disclosure shows or tends to show—

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

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

(b)the person who made the related disclosure believes on reasonable grounds that the disclosure shows or tends to show—

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

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

(3)A related disclosure notified to the appropriate entity under subsection (2) is taken to have been notified to the appropriate entity under section 21.

(4)In this section, appropriate entity has the same meaning as in section 21(4).

37Related disclosure notified to an appropriate entity

(1)If a related disclosure is notified to an appropriate entity by an investigating entity under section 36(2), the investigating entity must advise the person who made the related disclosure that the related disclosure has been notified to an appropriate entity for assessment under this Act.

(2)The advice given under subsection (1) must—

(a)be in writing; and

(b)be given no later than 28 days after the disclosure is made to the entity.

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37AInvestigation of related disclosure referred to investigating entity by an appropriate entity

An investigating entity may investigate a related disclosure notified to an appropriate entity under section 36(2) as part of its investigation of the public interest complaint to which it relates if the appropriate entity—

(a)has determined that the related disclosure is a public interest complaint; and

(b)has referred the related disclosure to the investigating entity for investigation.

PART 6—PROTECTION OF PERSON MAKING PUBLIC INTEREST DISCLOSURE

38Disclosures to which this Part applies

(1)This Part applies to the following disclosures—

(a)a public interest disclosure made in accordance with Division 2 of Part 2;

(b)a misdirected disclosure;

(c)a complaint by a police officer or a protective services officer about the conduct of another police officer or protective services officer made in accordance with section 167(3) of the Victoria Police Act 2013;

(d)an external disclosure made in accordance with section 38A.

(2)A reference in this Part (other than a reference in this section or section 38A) to a public interest disclosure is taken to be a reference to a disclosure to which this Part applies.

(3)This Part applies to a public interest disclosure made in accordance with Division 2 of Part 2 or a misdirected disclosure from the time the disclosure is made—

(a)whether or not the entity to which the disclosure was made has notified the disclosure to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee; and

(b)whether or not the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee has determined that the disclosure is a public interest complaint.

(4)This Part applies to a complaint referred to in subsection (1)(c) from the time the complaint is made—

(a)whether or not the complaint is investigated by the Chief Commissioner of Police; and

(b)whether or not the Chief Commissioner of Police has notified the complaint to the IBAC under section 22; and

(c)whether or not the IBAC has determined that the complaint is a public interest complaint.

(5)Any further information relating to a public interest disclosure provided by the person who made the disclosure is to be treated as if it were a public interest disclosure.

(6)Subsection (5) applies only to further information provided, whether orally or in writing, to—

(a)in the case of a public interest disclosure made in accordance with Division 2 of Part 2—the entity to which the disclosure was made; or

(b)the IBAC; or

(c)Integrity Oversight Victoria; or

(d)the Integrity and Oversight Committee; or

(e)an investigating entity that is investigating the disclosure; or

(f)a person engaged by the Integrity and Oversight Committee under Part 4A to investigate a public interest disclosure;

(g)the Privileges Committee of a House of the Parliament; or

(h)a person engaged to support the Privileges Committee of a House of the Parliament.

38AExternal disclosures

(1)An external disclosure is a public interest disclosure made to a person or body who is not an entity to whom a public interest disclosure may be made under Division 2 of Part 2.

(2)Subject to subsection (3), an external disclosure is made in accordance with this section if—

(a)the person making the external disclosure has previously made a public interest disclosure in accordance with Division 2 of Part 2 (the original disclosure) and the original disclosure was not made anonymously; and

(b)the original disclosure was determined under Division 2 of Part 3 to be a public interest complaint and the person has been notified of that determination; and

(c)the subject matter of the external disclosure is substantially the same as the subject matter of the original disclosure; and

(d)either subsection (3) or (4) applies.

(3)This subsection applies if—

(a)the person has not been notified by the investigating entity about any action taken in relation to the original disclosure within 6 months after being notified that the original disclosure has been determined to be a public interest complaint; and

(b)the person has requested advice on the progress of the public interest complaint from the investigating entity and has not received a response within 30 days after that request.

(4)This subsection applies if—

(a)an investigation of the public interest complaint has not been completed within 12 months after the person was notified that the original disclosure has been determined to be a public interest complaint; and

(b)the person has requested advice on the progress of the public interest complaint from the investigating entity; and

(c)either—

(i)the person has not received a response within 30 days after the request; or

(ii)the person received a response within 30 days after the request advising that the investigation is still ongoing but has not been advised that the investigation has been completed within 6 months after that response.

(5)An external disclosure is not a disclosure made in accordance with this section if it contains information that—

(a)may prejudice a criminal investigation, criminal proceeding or other legal proceeding of which the person making the external disclosure is aware; or

(b)is likely to lead to the disclosure of any investigative method used by the IBAC or members of Victoria Police personnel.

Note

Despite being taken to be a public interest disclosure for the purposes of this Part, the confidentiality provisions of Part 7 do not apply to an external disclosure made in accordance with this section.

39Immunity from liability

(1)A person who makes a public interest disclosure is not subject to any civil or criminal liability or any liability arising by way of administrative process (including disciplinary action) for making the disclosure.

(2)Subsection (1) does not apply to a person who, in making the public interest disclosure, has contravened section 72(1) or (2) in relation to the information disclosed.

40Confidentiality provisions do not apply

(1)Without limiting section 39, a person who makes a public interest disclosure does not by doing so—

(a)commit an offence under section 95 of the Constitution Act 1975 or a provision of any other Act that imposes a duty to maintain confidentiality with respect to a matter or any other restriction on the disclosure of information; or

(b)breach an obligation by way of oath or affirmation or rule of law or practice or under an agreement requiring him or her to maintain confidentiality or otherwise restricting the disclosure of information with respect to a matter.

(2)Subsection (1) does not apply to a person who, in making the public interest disclosure, has contravened section 72(1) or (2) in relation to the information disclosed.

41Protection from defamation action

(1)Without limiting section 39, in any proceeding for defamation there is a defence of absolute privilege in respect of the making of a public interest disclosure.

(2)Subsection (1) does not apply to a person who, in making the public interest disclosure, has contravened section 72(1) or (2) in relation to the information disclosed.

42Liability for own conduct

Despite anything to the contrary in this Part, a person's liability for his or her own conduct is not affected by the person's disclosure of that conduct under this Act.

43Detrimental action in reprisal for public interest disclosure

(1)For the purposes of this Act and subject to subsections (2) and (3), a person takes detrimental action against another person in reprisal for a public interest disclosure if—

(a)the person takes or threatens to take detrimental action against the other person because, or in the belief that—

(i)the other person or anyone else has made, or intends to make, the disclosure; or

(ii)the other person or anyone else has cooperated, or intends to cooperate, with an investigation of the disclosure; or

(b)for either of those reasons, the person incites or permits someone else to take or threaten to take detrimental action against the other person.

(2)A person does not take detrimental action against another person in reprisal for a public interest disclosure made by the other person if the other person has contravened section 72(1) or (2) in relation to the information disclosed by the public interest disclosure.

*                *                *                *                *

44Management action not prevented

(1)Nothing in this Part is intended to prevent a manager from taking management action in relation to an employee who has made a public interest disclosure.

(2)A manager may take management action that is detrimental action in relation to an employee who has made a public interest disclosure only if the fact that the employee has made the public interest disclosure is not a reason for the manager taking the action.

(3)Without limiting subsection (1) and subject to subsection (2), management action that may be taken in relation to an employee who has made a public interest disclosure includes any action that may or is required to be taken—

(a)in respect of performance development (including training), conditions of employment or discipline; or

(b)to ensure the safety of the workplace.

45Protection from reprisal

(1)A person must not take detrimental action against another person in reprisal for a public interest disclosure.

Penalty:240 penalty units or 2 years imprisonment or both.

(2)It is a defence in a proceeding for an offence against subsection (1) if a reason referred to in section 43(1)(a) was not a reason for the person taking the detrimental action against the other person.

(3)It is a defence in a proceeding for an offence against subsection (1) if—

(a)the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee has determined that the disclosure is not a public interest complaint; and

(b)at the time the person took the detrimental action, the person knew of that determination.

(4)Despite subsection (3), it is not a defence in a proceeding for an offence against subsection (1) if the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee (as the case may be) determined the disclosure is not a public interest complaint under section 26(5).

46Order for damages or reinstatement

(1)If a person is convicted or found guilty of an offence against section 45, the court may, in addition to imposing a penalty, order that, within a specified time, the offender pay to the person against whom the detrimental action was taken damages that the court considers appropriate to compensate the person for any injury, loss or damage.

(2)If—

(a)the employer of a person; or

(b)someone in the course of employment with, or while acting as an agent of, the employer of a person—

is convicted or found guilty of an offence against section 45 in relation to detrimental action taken against that person, the court may, in addition to imposing a penalty and in addition to any damages ordered under subsection (1), order that the employer reinstate or re-employ the person in his or her former position or, if that position is not available, in a similar position.

(3)Without limiting the court's discretion, when making an order under subsection (1), the court may take into account any remedy granted under section 47 or any order made under section 49 in relation to the same conduct.

47Proceedings for damages for reprisal

(1)A person who takes detrimental action against another person in reprisal for a public interest disclosure is liable in damages for any injury, loss or damage to that other person.

(2)The damages may be recovered in proceedings as for a tort in any court of competent jurisdiction.

(3)Any remedy that may be granted by a court with respect to a tort, including exemplary damages, may be granted by a court in proceedings under this section.

(4)The right of a person to bring proceedings for damages does not affect any other right or remedy available to the person arising from the detrimental action.

(5)Proceedings for damages under this section may be brought even if a prosecution in relation to the detrimental action has not been brought under section 45.

(6)Without limiting the court's discretion, when granting a remedy under this section, the court may take into account any order made under section 46 or 49 in relation to the same conduct.

(7)In proceedings under this section, costs against the person alleging that detrimental action has been taken in reprisal for a public interest disclosure must not be awarded unless the court is satisfied—

(a)the person's claim that detrimental action had occurred is vexatious; or

(b)the person did not conduct the litigation reasonably.

48Vicarious liability of public body

(1)If a person in the course of employment with, or while acting as an agent of, a public body takes detrimental action against another person in reprisal for a public interest disclosure—

(b)immediately before the commencement day, the document or thing is in the possession of the Director—

on and after the commencement day, section 61BH of the WPA continues to apply in relation to the thing or document as if a reference in that section to the Director were a reference to the IBAC.

(5)For the purposes of this clause, police personnel premises has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011.

14Request for copy of thing or information seized

(1)This clause applies to a request under section 61BD(1) of the WPA for a copy of a thing or information seized that has not been determined before the commencement day.

(2)Despite the repeal of the WPA, section 61BD of that Act continues to apply to that request on and after the commencement day except that—

(a)subject to subclause (3), a reference in that section to a request made to an authorised officer is to be read as a reference to a request made to an IBAC Officer appointed to be an authorised officer under section 81 of the Independent Broad-based Anti-corruption Commission Act 2011; and

(b)a reference in that section to the Director is to be read as a reference to the IBAC.

(3)The exercise of a power or function by an IBAC Officer under section 61BD of the WPA pursuant to subclause (2)(a) is subject to any conditions or limitations on the IBAC Officer's appointment as an authorised officer under section 81 of the Independent Broad-based Anti-corruption Commission Act 2011.

15Application for return of document or thing seized

(1)This clause applies to an application to the Magistrates' Court under section 61BG(1) of the WPA for the return of a document or thing seized that has not been determined before the commencement day.

(2)Despite the repeal of the WPA, section 61BG of that Act continues to apply to that application on and after the commencement day as if a reference in that section to the Director is to be read as a reference to the IBAC.

16Claim of legal professional privilege made before commencement day

(1)This clause applies if, before the commencement day—

(a)a person has claimed under section 61BB(3)(a) or 61BC(2)(a) of the WPA that a document or thing is the subject of legal professional privilege; and

(b)the Magistrates' Court has not determined whether or not the document or thing is the subject of legal professional privilege.

(2)Despite the repeal of the WPA, on and after the commencement day—

(a)the procedure under section 61BE of the WPA continues to apply to the handling of the document or thing as if a reference in that section to an authorised officer were a reference to an IBAC Officer appointed to be an authorised officer under section 81 of the Independent Broad-based Anti-corruption Commission Act 2011; and

(b)section 61C of the WPA continues to apply as if a reference in that section to the Director were a reference to the IBAC; and

(c)the Magistrates' Court must make its decision under section 61BF of the WPA.

17Claim of legal professional privilege made on or after commencement day

(1)Any claim that a document or thing is the subject of legal professional privilege made on or after the commencement day must be dealt with in accordance with the Independent Broad-based Anti-corruption Commission Act 2011 and the claim determined by the Supreme Court under section 101 of that Act.

(2)Subclause (1) applies even if the document or thing is the subject of a warrant issued under the WPA.

18Direction given by the Director

(1)A direction given by the Director under section 55(1) of the WPA that is in force immediately before the commencement day is on the commencement day taken to have been given by the IBAC under section 84(2) of the Independent Broad-based Anti-corruption Commission Act 2011.

(2)A direction given by the Director under section 61L(2) of the WPA that is in force immediately before the commencement day is on the commencement day taken to have been given by the IBAC under section 126(1) of the Independent Broad-based Anti-corruption Commission Act 2011.

19Transmission of report to Parliament

(1)This clause applies if, before the commencement day, the Director is required under section 103A of the WPA to cause a report to be transmitted to each House of Parliament.

(2)On or after the commencement day, the IBAC may cause the report to be transmitted to each House of the Parliament if the Director has not already done so.

20Disclosure made to the Chief Commissioner of Police but not notified to Ombudsman

If, before the commencement day—

(a)a disclosure has been made to the Chief Commissioner of Police in accordance with Part 2 of the WPA; and

(b)the Chief Commissioner of Police has not referred the disclosure to the Ombudsman under section 29 or 31 of the WPA—

the disclosure is on the commencement day taken to have been made to the Chief Commissioner of Police in accordance with Division 2 of Part 2 of this Act and must be notified to the IBAC under section 21(2) of this Act.

21Investigation completed by Chief Commissioner of Police

(1)This clause applies if the Chief Commissioner of Police has completed an investigation of a disclosed matter under Part 7 of the WPA.

(2)Despite the repeal of the WPA, on and after the commencement day—

(a)Division 3 of Part 7 of the WPA applies to the investigation; and

(b)the Ombudsman may make a written report of the results of the investigation in accordance with section 103 of the WPA.

22Investigation commenced but not completed by Chief Commissioner of Police

(1)This clause applies if the Chief Commissioner of Police has commenced but not completed an investigation of a disclosed matter under Part 7 of the WPA before the commencement day.

(2)On and after the commencement day the Chief Commissioner of Police must continue the investigation of the disclosed matter as if it were a protected disclosure complaint referred to the Chief Commissioner of Police under the Independent Broad-based Anti-corruption Commission Act 2011.

23Investigation by Chief Commissioner of Police taken over by the Ombudsman

(1)This clause applies if the Ombudsman—

(a)has taken over an investigation by the Chief Commissioner of Police under section 86 of the WPA before the commencement day; and

(b)has not completed that investigation before that day.

(2)Despite the repeal of the WPA, on and after the commencement day, the Ombudsman must deal with the disclosed matter in accordance with that Act.

24Disclosure made to a public body before the commencement day

(1)This clause applies if, before the commencement day—

(a)a disclosure has been made to a public body, other than the Chief Commissioner of Police, in accordance with Part 2 of the WPA; and

(b)the public body has not referred the disclosure to the Ombudsman under section 29 or 31 of the WPA.

(2)On and after the commencement day—

(a)the public body must notify the disclosure to the IBAC no later than 28 days after the commencement day; and

(b)the disclosure must be dealt with by the IBAC as if it were an assessable disclosure in accordance with this Act.

25Investigation by public body

(1)This clause applies if a public body, other than the Chief Commissioner of Police, has commenced but not completed the investigation of a disclosed matter under the WPA before the commencement day.

(2)Despite the repeal of the WPA, on and after the commencement day, the public body must—

(a)complete the investigation of the disclosure under the WPA; and

(b)without limiting paragraph (a)—

(i)provide information to the Ombudsman about the progress of the investigation in accordance with section 80 of the WPA; and

(ii)report to the Ombudsman on the completion of the investigation in accordance with section 82 of the WPA; and

(iii)have regard to the procedures established by the public body under section 68 of the WPA and the guidelines prepared and established by the Ombudsman under section 69 of the WPA.

26Investigation by public body taken over by the Ombudsman

(1)This clause applies if the Ombudsman—

(a)has taken over an investigation by a public body, other than the Chief Commissioner of Police, under section 75 of the WPA before the commencement day; and

(b)has not completed that investigation before that day.

(2)Despite the repeal of the WPA, on and after the commencement day, the Ombudsman must deal with the disclosed matter in accordance with that Act.

27Disclosure made to a Presiding Officer

(1)This clause applies if a disclosure has been made to a Presiding Officer in accordance with Part 2 of the WPA but has not been referred under section 96 of that Act to the Ombudsman before the commencement day.

(2)On and after the commencement day—

(a)the Presiding Officer may notify the disclosure to the IBAC; and

(b)if the disclosure is notified to the IBAC, the disclosure is taken to be an assessable disclosure and must be dealt with by the IBAC in accordance with this Act.

28Disclosure referred by a Presiding Officer to the Ombudsman

(1)This clause applies if a disclosure has been referred to the Ombudsman by a Presiding Officer before the commencement day.

(2)Despite the repeal of the WPA, on and after the commencement day, the Ombudsman must deal with the disclosed matter in accordance with that Act.

29Disclosure made after the commencement day

(1)Subclause (2) applies if—

(a)a disclosure is made at any time no later than 6 months after the commencement day; and

(b)had the disclosure been made before the commencement day, it would be a disclosure made in accordance with Part 2 of the WPA; and

(c)the disclosure is not an assessable disclosure.

(2)Despite anything to the contrary in this Act, on and after the commencement day—

(a)if the disclosure is made to a Presiding Officer, the Presiding Officer may notify the disclosure to the IBAC;

(b)in any other case, the entity to which the disclosure is made must notify the disclosure to the IBAC no later than 28 days after the disclosure is made.

(3)A disclosure notified to the IBAC under subclause (2) is taken to be an assessable disclosure and must be dealt with by the IBAC in accordance with this Act.

30Exemptions from Freedom of Information Act 1982

Despite the repeal of the WPA, section 109 of that Act continues to apply to any document specified in that section.

31Reference to Director's functions in annual report of the IBAC

On and after the commencement day, a reference in section 165 of the Independent Broad-based Anti-corruption Commission Act 2011 to the performance of the IBAC's duties and functions is to be read as including a reference to the performance by the IBAC of any duties and functions under the WPA pursuant to this Schedule during the financial year to which the annual report relates.

32Investigations by the Special Investigations Monitor

(1)This clause applies if, before the commencement day, the Special Investigations Monitor has received a complaint under section 105E of the WPA and either has not commenced or has not completed an investigation of the complaint.

(2)On or after the commencement day, the complaint is taken to be a complaint made to Integrity Oversight Victoria under section 43 of the Integrity Oversight Victoria Act 2011 and must be dealt with in accordance with that Act.

(3)Subject to clause 8 of the Schedule to the Integrity Oversight Victoria Act 2011, Integrity Oversight Victoria may, in any investigation of the complaint under that Act, use or rely on any evidence given or document or other thing produced in relation to the complaint before the commencement day.

33Complaint regarding examination under the WPA

A complaint that could be made to the Special Investigations Monitor in accordance with section 105E of the WPA had that Act not been repealed may, on and after the commencement day, be made to Integrity Oversight Victoria.

Note

Under section 105E of the WPA a person who has attended the Director in the course of an investigation under the WPA may make a complaint within 3 days after the person was excused from attendance.  Consequently, this clause would only apply to a complaint in relation to an attendance occurring 3 days or less before the repeal of the WPA.

34Actions taken by Integrity Oversight Victoria under clause 32 or 33

For the purposes of clause 32 and 33—

(a)section 47 of the Integrity Oversight Victoria Act 2011 (except subsection (1)(a)) applies as if—

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

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

(b)section 48(1) of the Integrity Oversight Victoria Act 2011 applies as if a reference to an investigation in relation to the IBAC or IBAC personnel under Part 3 were a reference to an investigation under this clause;

(c)Division 2 of Part 3 of the Integrity Oversight Victoria Act 2011 applies as if a reference to an inquiry in relation to the IBAC or IBAC personnel were a reference to an inquiry for the purposes of an investigation under this clause;

(d)Divisions 3 and 4 of Part 3 of the Integrity Oversight Victoria Act 2011 apply;

(e)section 78 of the Integrity Oversight Victoria Act 2011 applies as if a reference to the conduct of the IBAC or IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;

(f)section 79(3) of the Integrity Oversight Victoria Act 2011 applies as if a reference to conduct of any IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;

(g)sections 87 and 88 of the Integrity Oversight Victoria Act 2011 apply;

(h)section 89(1) (except paragraph (b)) of the Integrity Oversight Victoria Act 2011 applies as if a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause;

(i)section 90 of the Integrity Oversight Victoria Act 2011 applies.

35Reports to Integrity Oversight Victoria

(1)Section 122 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to a summons issued by the Director under section 17 of the Evidence (Miscellaneous Provisions) Act 1958 unless the Director has given a written report on the summons to the SIM under section 105B of the WPA before the commencement day.

(2)Section 142 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to a warrant to arrest a person issued under section 61K(2) of the WPA unless the Director has given a written report on the warrant to the SIM under section 105C of the WPA before the commencement day.

(3)Section 134 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to the video‑recording, made under section 61BA of the WPA, and any transcript of an attendance by a person in the course of an investigation by the Director under the WPA or in compliance with a summons under section 17 of the Evidence (Miscellaneous Provisions) Act 1958 unless the Director has given a written report on and a copy video‑recording and any transcript of the attendance to the SIM under section 105D of the WPA before the commencement day.

(4)On and from the commencement day, the IBAC must comply with a requirement of Integrity Oversight Victoria under section 40 of the Integrity Oversight Victoria Act 2011 in relation to an attendance referred to in subclause (3) occurring before the commencement day as if that attendance were an examination of a person by the IBAC unless the Director has given a written report on and a copy video recording and any transcript of the attendance to the SIM under section 105D of the WPA before the commencement day.

36Annual report of Victorian Inspectorate

(1)For the purposes of the first annual report of the Victorian Inspectorate under Part 7 of the Financial Management Act 1994, a reference in section 91(1)(b) of the Victorian Inspectorate Act 2011 to activities in relation to the performance of the Victorian Inspectorate's duties and functions includes a reference to activities in relation to the performance of the SIM's duties and functions under the WPA during the financial year to which that report relates.

(2)If, before the commencement day, the SIM had not prepared any report required by section 105L(1) of the WPA for the financial year ending before the commencement day, the Victorian Inspectorate must prepare that report.

(3)If, before the commencement day, the SIM had prepared any report required by section 105L(1) of the WPA for the financial year ending before the commencement day but that report has not been laid before each House of the Parliament under section 105L of the WPA, the Victorian Inspectorate must cause that report to be laid before each House of the Parliament in accordance with the applicable requirements of section 105L of the WPA as in force immediately before its repeal.

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

(a)if the report relates to a whole financial year completed before the repeal of the WPA, the Victorian Inspectorate may prepare a report referred to in those subclauses as a separate report and cause the report to be laid before each House of the Parliament in accordance with section 105L of the WPA as in force immediately before its repeal; or

(b)if the report relates to a partial financial year completed before the repeal of the WPA, the Victorian Inspectorate may prepare a report referred to in those subclauses as part of its own annual report under section 91 of the Victorian Inspectorate Act 2011.

SCHEDULE 2—PERSONS PERMITTED TO RECEIVE PUBLIC INTEREST DISCLOSURE ON BEHALF OF ENTITY

Section 12(5)

Table

Column 1 Receiving entity	Column 2 Permitted person
1	The IBAC	An IBAC Officer
2	The Ombudsman	An Ombudsman officer
3	Integrity Oversight Victoria	An Integrity Oversight Victoria Officer
4	Victoria Police	A member of Victoria Police personnel with a rank, including an acting rank, of sergeant or above; or in the case of a disclosure made by a person who is a member of Victoria Police personnel—a direct or indirect manager or supervisor of that person
5	A public service body	The Head of the public service body within the meaning of the Public Administration Act 2004; or a person identified as a person who may receive disclosures in the procedures established by the public service body under section 58; or in the case of a disclosure made by a person who is a member, officer or employee of the public service body—a direct or indirect manager or supervisor of that person
6	A Council	The Chief Executive Officer of the Council within the meaning of the Local Government Act 2020; or a person identified as a person who may receive disclosures in the procedures established by the Council under section 58; or in the case of a disclosure made by a person who is a member, officer or employee of the Council—a direct or indirect manager or supervisor of that person
7	The Judicial Commission of Victoria	The Director of the Judicial Commission of Victoria
8	The Integrity and Oversight Committee	A member of the Integrity and Oversight Committee
*              *           *              *            *

═══════════════

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: 14 November 2012

Legislative Council: 29 November 2012

The long title for the Bill for this Act was "A Bill for an Act to encourage and facilitate disclosures of improper conduct by public officers, public bodies and other persons or of detrimental action taken in reprisal for a disclosure, to provide protection for persons who make those disclosures and to provide for the confidentiality of the content of those disclosures and the identity of persons who make those disclosures, to make related amendments to other Acts, to repeal the Whistleblowers Protection Act 2001 and for other purposes."

The Protected Disclosure Act 2012 was assented to on 18 December 2012 and came into operation on 10 February 2013: Special Gazette (No. 32) 6 February 2013 page 2.

The title of this Act was changed from the Protected Disclosure Act 2012 to the Public Interest Disclosures Act 2012 by section 4 of the Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019.

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 Public Interest Disclosures Act 2012 by Acts and subordinate instruments.

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

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	Ss 315, 316 on 11.2.13: s. 2(5)
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

Protected Disclosure Act 2012, No. 85/2012

Assent Date:	18.12.12
Commencement Date:	S. 174 on 10.2.14: s. 174; s. 80(4) on 10.2.15: s. 80(4)
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013

Assent Date:	26.2.13
Commencement Date:	S. 64 on 17.4.13: Special Gazette (No. 141) 16.4.13 p. 1
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013

Assent Date:	6.11.13
Commencement Date:	S. 95 on 1.2.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

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

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 77) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

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

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 134) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 37) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 29) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

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

Assent Date:	19.4.16
Commencement Date:	Ss 167–176 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

Health Complaints Act 2016, No. 22/2016

Assent Date:	3.5.16
Commencement Date:	S. 241 on 1.2.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

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

Assent Date:	31.5.16
Commencement Date:	Ss 84, 85 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

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

Assent Date:	16.5.17
Commencement Date:	S. 134(Sch. 1 item 14) on 1.9.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 102) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

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

Assent Date:	5.3.19
Commencement Date:	Ss 4–48 on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019

Assent Date:	13.3.19
Commencement Date:	S. 37 on 1.7.19: Special Gazette (No. 215) 4.6.19 p. 1
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, No. 5/2019

Assent Date:	19.3.19
Commencement Date:	S. 83 on 20.3.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 84) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

Special Investigator Act 2021, No. 50/2021

Assent Date:	30.11.21
Commencement Date:	Ss 136–141 on 1.12.21: s. 2
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

Special Investigator Repeal Act 2023, No. 31/2023

Assent Date:	8.11.23
Commencement Date:	Ss 50–55 on 2.2.24: Special Gazette (No. 687) 19.12.23 p. 1
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

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

Assent Date:	20.8.24
Commencement Date:	Ss 148–158 on 31.12.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

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

Assent Date:	10.9.24
Commencement Date:	Ss 62–65 on 11.9.24: s. 2(1); s. 113(Sch. 1 item 28) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Public Interest Disclosures Act 2012

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3   Explanatory details

[1] S. 3 def. of assessable disclosure: The amendment proposed by section 113(Schedule 1 item 28.1(b)) of the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024 has been only partially applied due to the earlier repeal of paragraph (b) of the definition of assessable disclosure by section 148(b) of the Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024.

Section 113(Schedule 1 item 28.1(b)) reads as follows:

28Public Interest Disclosures Act 2012

28.1In section 3—

(b)in the definition of assessable disclosure, in paragraphs (a), (b), (c) and (e), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria";

[2] S. 25 (repealed): The amendment proposed by section 113(Schedule 1 item 28.10) of the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024 is not included in this publication due to the earlier repeal of section 25 by section 155 of the Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024.

Section 113(Schedule 1 item 28.10) reads as follows:

28Public Interest Disclosures Act 2012

28.10In section 25(2), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria".