Untitled document
Independent Broad-based Anti-corruption Commission Amendment (Examinations) Act 2012
No. 28 of 2012
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of the Independent Broad-based Anti-corruption Commission Act 2011
3Amendment of section 3—Definitions
4Corrupt conduct
5New section 5B inserted
5BInvestigation of conduct occurring before the commencement of this section
6Consequential amendment to Part 2
7Functions of the IBAC
8Delegation—section 11
9Deputy Commissioners
10Acting appointment
11Delegation—section 26
12Section 32 substituted
32Obligation on staff employed or engaged under section 29 not to make public comment
13New Divisions 2 to 4 inserted into Part 2
Division 2—Disclosure by the IBAC
33AUnauthorised disclosures
33BDisclosure of information by the IBAC
Division 3—Confidentiality notices
33CConfidentiality notice
33DIBAC to provide Victorian Inspectorate with copies
33EDisclosure subject to confidentiality notice
Division 4—Protection of persons and documents
33FWho is a protected person?
33GWhat is a protected document or other thing?
33HProtected documents and other things in proceedings, processes or actions other than criminal proceedings
33IProduction and inspection of protected documents
and things in criminal proceedings33JCourt may appoint special counsel to represent party
33KCompellability of protected persons as witnesses
14New Division 2A of Part 3 inserted
Division 2A—IBAC obligations in relation to complaints
and notifications to the IBAC40AIBAC must dismiss, investigate or make referral
40BNotice of dismissal, investigation or referral of complaint or notification
15Conducting investigations about corrupt conduct
16The IBAC must dismiss certain complaints or notifications
to the IBAC17Complaints or notifications to the IBAC that do not warrant investigation
18New section 47A inserted
47AWhen certain complaints or notifications to the IBAC
are dismissed
19New sections 49A and 49B inserted
49AThe IBAC to disclose to Victorian Inspectorate complaint or notification involving conduct of the
IBAC or IBAC Officers49BThe IBAC may conduct coordinated investigations
20New Division 4 of Part 3 inserted
Division 4—Referrals
49CReferral of complaint or notification for investigation
by another person or body49DReferrals to prosecutorial bodies
49EReferrals to prosecutorial bodies for advice
49FConsultation prior to referral
49GInformation to be provided with referral
49HProvision to the IBAC of information about referred complaint or notification
49IWithdrawal of referred complaint or notification
49JNotice of withdrawal of referral
21New Part 5A inserted
Part 5A—examinations
Division 1—Examinations
82APower to hold examinations
82BConduct of examinations
82CExaminations generally to be held in private
82DOffence to be present at examination
82EThe IBAC may give directions or order
82FWitness summons
82GContent and form of witness summons
82HIBAC to report to Victorian Inspectorate on issue of witness summonses
82IWitness summons directed to person under 16 years
82JService of witness summons
82KSupreme Court may order service by other means
82LWitness already held in custody
82MLegal representation of witnesses and other persons
82NIBAC to inform Victorian Inspectorate of direction
in relation to specified Australian legal practitioner82OSpecific provisions relating to witnesses
82PActions to be taken before questioning of a witness
or requiring production of a document or other thing82QPower to examine on oath or affirmation
82RVideo recording of examination
82SIBAC to give copy of video recording and any
transcript to Victorian Inspectorate82TOffence for summoned witness to fail to attend examination
82UOffence for summoned witness to refuse or fail to answer question
82VOffence for summoned witness to fail to produce document or other thing
82WOffence to fail to take oath or make affirmation
Division 2—Arrest for failure to appear
82XWarrant to arrest witness who fails to appear
82YBail for person arrested
82ZPerson held in custody
82ZAReport to Victorian Inspectorate on issue of arrest warrant
Division 3—Privileges and secrecy provisions applying to examinations
82ZBPrivileges and secrecy generally
82ZCPrivilege against self-incrimination abrogated—
witness summons82ZDProcedure for determining claims of privilege or
claims of a secrecy requirement82ZEApplication to Supreme Court to determine privilege
or application of secrecy requirement82ZFDetermination of claim
82ZGProtection of legal practitioners and witnesses
Division 4—Assistance for witnesses
82ZHReimbursement of expenses
82ZIProvision of legal assistance to witnesses
Division 5—Contempt
82ZJContempt of the IBAC
82ZKCharging and arresting a person for contempt
82ZLReport to Victorian Inspectorate on issue of arrest warrants
82ZMBail pending court appearance for contempt
82ZNCustody pending court appearance for contempt
82ZOSupreme Court to deal with contempt
82ZPAct or omission constituting both an offence and contempt
22The IBAC may request the Chief Commissioner of Police to
take certain actions23Outcome of investigation
24New section 89A inserted
89APersons who receive reports or information prior to publication
25The IBAC may have regard to evidence in certain
circumstances26Taking a sample when an IBAC Officer is unconscious or otherwise unable to comply with direction
27Admissibility of test result in certain proceedings
28New section 106A inserted
106APower for the IBAC to bring criminal proceedings
29Validity and effect of notices, orders and other documents
and deemed service30New section 108A inserted
108AImmunity of the IBAC and IBAC Officers
31Regulations—specific matters
Part 3—Amendment of The Victorian
Inspectorate Act 2011
32New Part 2A inserted
Part 2A—Matters to be Reported to the Victorian Inspectorate By The IBAC
28GCoercive questioning
33Outcome of investigation
34Regulations—specific matters
Part 4—Amendments to other Act and Repeal
35Amendment of Evidence (Miscellaneous Provisions) Act 1958—List of persons who may witness statutory declarations
36Repeal of amending Act
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Endnotes
Independent Broad-based Anti-corruption Commission Amendment (Examinations) Act 2012
No. 28 of 2012
[Assented to 29 May 2012]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Independent Broad-based Anti-corruption Commission Act 2011 to provide for examination powers, referral powers and other matters relating to the operation of the IBAC; and
(b)to further amend the Victorian Inspectorate Act 2011.
2Commencement
This Act comes into operation on a day or days to be proclaimed.
__________________
Part 2—Amendment of the Independent Broad-based Anti-corruption Commission Act 2011
3Amendment of section 3—Definitions
(1)In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011 insert the following definitions—
"arrest warrant means a warrant to arrest a person issued under section 82X(2) or section 82ZK(1);
certificate of charge means a certificate issued under section 82ZK(1);
complaint means—
(a)a complaint under section 34;
(b)a police personnel conduct complaint;
confidentiality notice means a notice issued by the IBAC under section 33C(1);
disciplinary process or action means in relation to a person's employment as a public sector employee within the meaning of section 4(1) of the Public Administration Act 2004 or police personnel—
(a)any process undertaken for the purposes of determining what, if any, disciplinary action is warranted in relation to a breach or possible breach of the person's terms and conditions of employment;
(b)any action taken following a process specified in paragraph (a) that is permitted under legislation or the person's terms and conditions of employment;
(c)any review process or proceeding, including an appeal process or proceeding, in relation to a process specified in paragraph (a) or an action specified in paragraph (b);
(d)any administrative or judicial process or proceeding involving a claim for any remedy in relation to a process specified in paragraph (a) or an action specified in paragraph (b);
domestic partner of a person means—
(a)a person who is in a registered relationship with a person; or
Note
A registered relationship is defined in subsection (4).
(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
examination means an examination under Part 5A;
integrity body means—
(a)the Auditor-General appointed under section 94A of the Constitution Act 1975;
(b)the Commissioner for Law Enforcement Data Security appointed under section 5 of the Commissioner for Law Enforcement Data Security Act 2005;
(c)the Ombudsman appointed under section 3 of the Ombudsman Act 1973;
(d)the Privacy Commissioner appointed under section 50 of the Information Privacy Act 2000;
(e)the Integrity Commissioner appointed under section 175 of the Law Enforcement Integrity Commissioner Act 2006 of the Commonwealth;
(f)the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;
(g)the Independent Commission Against Corruption established under section 4 of the Independent Commission Against Corruption Act 1988 of New South Wales;
(h)the Police Integrity Commission established under section 6 of the Police Integrity Commission Act 1996 of New South Wales;
(i)the Crime and Misconduct Commission established under section 220 of the Crime and Misconduct Act 2001 of Queensland;
(j)the Integrity Commission established under section 7 of the Integrity Commission Act 2009 of Tasmania;
(k)the Corruption and Crime Commission established under section 6 of the Corruption and Crime Commission Act 2003 of Western Australia;
(l)the Commonwealth Ombudsman established under section 4 of the Ombudsman Act 1976 of the Commonwealth;
(m)an Ombudsman of another State or a Territory established under an Act of that jurisdiction corresponding to the Ombudsman Act 1973;
(n)any other prescribed person or body which has an integrity function;
law enforcement agency means—
(a)the Chief Commissioner of Police;
(b)the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;
(c)the Environment Protection Authority established under section 5 of the Environment Protection Act 1970;
(d)the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth;
(e)the police force or police service (however described) of another State or a Territory;
(f)any other prescribed person or body which has a law enforcement function;
prosecutorial body means—
(a)the Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975;
(b)the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;
(c)the Director of Public Prosecutions of the Commonwealth appointed under section 18 of the Director of Public Prosecutions Act 1983 of the Commonwealth;
(d)the Director of Public Prosecutions of another State or a Territory;
(e)any other prescribed person or body which has a prosecutorial function;
referral means a referral under Division 4 of Part 3;
report of the Chief Commissioner of Police means—
(a)a report on an investigation completed by the Chief Commissioner of Police under Part IVA of the Police Regulation Act 1958;
(b)a report to the IBAC under section 40(3);
restricted matter means—
(a)any evidence given to the IBAC;
(b)the contents of any document, or a description of any thing, produced to the IBAC;
(c)the contents of any document, or a description of any thing, which the IBAC has made a copy of or seized under Division 3 or Division 4 of Part 4;
(d)the existence of, or any information about, a confidentiality notice or a witness summons;
(e)the subject matter of an investigation in relation to which a witness summons has been issued;
(f)any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document or thing to, the IBAC, to be identified or located;
(g)the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document or thing to, the IBAC;
spouse of a person means a person to whom the person is married;
Victorian Inspectorate Officer has the same meaning as it has in section 3 of the Victorian Inspectorate Act 2011;
witness summons means a witness summons issued under section 82F(1).".
(2)In section 3(3) of the Independent Broad-based Anti-corruption Commission Act 2011—
(a)in paragraph (a) for "and (3)(a)" substitute ", (3)(a) and (3)(c)";
(b)in paragraph (b) for "and (3)(b)" substitute ", (3)(b) and (3)(c)".
(3)After section 3(3) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"(4)For the purposes of the definition of domestic partner in subsection (1)—
(a)registered relationship has the same meaning as it has in the Relationships Act 2008; and
(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.".
4Corrupt conduct
After section 3A(1) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"(1A)Conduct may be corrupt conduct for the purposes of this Act if—
(a)all or any part of the conduct occurs outside Victoria, including outside Australia; and
(b)the conduct would be corrupt conduct if it occurred in Victoria.".
5New section 5B inserted
After section 5A of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
5BInvestigation of conduct occurring before the commencement of this section"
This Act applies to and in respect of conduct all or part of which occurred before the commencement of this section if the conduct—
(a)is the conduct of, or in relation to, a person or body (whether or not still in existence) who or which would have been a public officer or public body within the meaning of this Act had this section been in force at the time the conduct occurred; and
(b)would have been corrupt conduct or police personnel conduct within the meaning of this Act had this section been in force at the time the conduct occurred.".
6Consequential amendment to Part 2
After the heading to Part 2 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
Division 1—Constitution and Staff"".
7Functions of the IBAC
(1)In section 9(3)(b)(iii) of the Independent Broad-based Anti-corruption Commission Act 2011 for "2006." substitute "2006;";
(2)After section 9(3)(b) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"(c)to hold examinations;
(d)to make referrals to other persons or bodies.".
8Delegation—section 11
(1)In section 11(1A)(a) of the Independent Broad-based Anti-corruption Commission Act 2011 for "or 106" substitute ", 106 or 106A".
(2)After section 11(1A)(a) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"(ab)a duty, function or power under section 33C(7), 49I(2), 82C(1), 82C(3), 82M(2), 82M(8), 82X, 82Z, 82ZK or 82ZN(1);".
9Deputy Commissioners
In section 17(2) of the Independent Broad-based Anti-corruption Commission Act 2011 for "not recommend that a person be appointed as a Deputy Commissioner unless the person" substitute ", in making a recommendation, ensure that at least one Deputy Commissioner".
10Acting appointment
(1)In section 24(1)(a) of the Independent Broad-based Anti-corruption Commission Act 2011 after "vacancy" insert "(including an initial vacancy)".
(2)For section 24(4) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute—
"(4)An acting appointment or acting appointments in respect of each vacancy referred to in subsection (1)(a) or each period referred to in subsection (1)(b) must not exceed a total of 12 months in duration, if—
(a)a Deputy Commissioner or Deputy Commissioners are appointed to act; or
(b)the person appointed to act is a person who is eligible for appointment as the Commissioner under section 14; or
(c)the person appointed to act is a person who, in the opinion of the Minister—
(i)has the experience and qualifications necessary to enable the IBAC to achieve the objects of this Act and perform its duties and functions; and
(ii)has prior experience in a senior role in a body with investigative functions, intelligence gathering functions or substantially similar functions.".
(3)In section 24(7)(b) of the Independent Broad-based Anti-corruption Commission Act 2011 before "is entitled" insert "unless subsection (8) applies,".
(4)After section 24(7) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"(8) If there is no current holder of the office of Commissioner under section 14 or Deputy Commissioner under section 17, a person appointed to act as the Commissioner or to act as the Deputy Commissioner is entitled to be paid the remuneration and allowances specified in the instrument of appointment of that person as acting Commissioner or acting Deputy Commissioner.".
11Delegation—section 26
(1)In section 26(1)(a) of the Independent Broad-based Anti-corruption Commission Act 2011—
(a)before "54" insert "33C(7), 49I(2)";
(b)after "60," insert "82C(1), 82C(3), 82M(2), 82M(8), 82X, 82Z, 82ZK, 82ZN(1),";
(c)for "or 106" substitute ", 106 or 106A".
(2)In section 26(1)(b) of the Independent Broad-based Anti-corruption Commission Act 2011 after "106" insert "or 106A".
(3)In section 26(2)(a) of the Independent Broad-based Anti-corruption Commission Act 2011—
(a)before "50" insert "33C(1), 33C(3), 33C(4) 33C(5), 33C(7), 33H(2), 33K(2), 49C, 49D, 49E, 49H(2), 49I(2),";
(b)after "60," insert "82A, 82C(1), 82C(3), 82E, 82M(2), 82M(8), 82X, 82Z, 82ZK, 82ZN(1),";
(c)for "or 106" substitute ", 106 or 106A".
(4)In section 26(2)(b) of the Independent Broad-based Anti-corruption Commission Act 2011 after "106" insert "or 106A".
12Section 32 substituted
For section 32 of the Independent Broad-based Anti-corruption Commission Act 2011 substitute—
32Obligation on staff employed or engaged under section 29 not to make public comment"
A person employed or engaged under section 29 must not publicly comment on—
(a)the administration of this Act; or
(b)the performance of duties and functions or the exercise of powers by the IBAC.".
13New Divisions 2 to 4 inserted into Part 2
At the end of Part 2 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
Division 2—Disclosure by the IBAC"
33AUnauthorised disclosures
A person who is, or was, an IBAC Officer must not, directly or indirectly, provide or disclose any information acquired by the person or the IBAC by reason of, or in the course of, the performance of the duties and functions or the exercise of powers of the person or the IBAC under this Act or any other Act except—
(a)for the performance of the duties and functions or the exercise of the powers of the person or the IBAC in accordance with this Act or any other Act; or
(b)for the purposes of—
(i)proceedings for an offence; or
(ii)a disciplinary process or action—
instituted as a result of an investigation conducted by the IBAC or by the Victorian Inspectorate; or
(c)as is otherwise authorised or required to be made by or under this Act.
Penalty:120 penalty units or imprisonment for 12 months or both.
33BDisclosure of information by the IBAC
(1)If the IBAC considers it appropriate, the IBAC, at any time, may provide or disclose any information acquired by reason of, or in the course of, the performance of its duties and functions or the exercise of its powers under this Act or any other Act to any of the following persons or bodies if the IBAC considers that the information is relevant to the performance of the duties and functions or the exercise of powers of that person or body—
(a)an integrity body;
(b)a law enforcement agency;
(c)a prosecutorial body;
(d)the relevant principal officer.
(2)Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).
Division 3—Confidentiality notices
33CConfidentiality notice
(1)If during an investigation the IBAC considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice—
(a)that investigation; or
(b)the safety or reputation of a person; or
(c)the fair trial of a person who has been, or may be, charged with an offence—
the IBAC may issue a confidentiality notice in respect of that investigation to a person (other than an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or restricted matters in accordance with this section.
(2)A confidentiality notice must—
(a)be in the prescribed form;
(b)specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued;
(c)include a copy of the provisions of subsections (3) to (8) and section 33E and an explanation of the effect of those provisions;
(d)if a restricted matter specified in the confidentiality notice is the fact that the person has been, or is proposed to be, examined by, or has produced, or may produce, any document or thing to, the IBAC, specify that the IBAC authorises the person to whom the confidentiality notice is issued to disclose the restricted matter to—
(i)the person's spouse or domestic partner; and
(ii)the person's employer or manager or both, for the purpose of enabling the person to whom the confidentiality notice is issued to take the appropriate leave from his or her employment in order to comply with the witness summons—
except to the extent that the IBAC considers that the authorisation to make the disclosure to the person's spouse, domestic partner, employer or manager would be likely to prejudice any of the matters specified in subsection (1)(a), (b) or (c).
(3)If at any time the IBAC considers on reasonable grounds that it is necessary to restrict disclosure of a different restricted matter from any of those specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1) are not likely to be prejudiced, the IBAC must issue to the person to whom the confidentiality notice was issued—
(a)a notice cancelling the previous confidentiality notice; and
(b)a new confidentiality notice in respect of that investigation under subsection (1).
(4)If at any time the IBAC considers on reasonable grounds that it is no longer necessary to restrict disclosure of a particular restricted matter specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1) are not likely to be prejudiced, the IBAC must issue to the person to whom the confidentiality notice was issued—
(a)a notice cancelling the previous confidentiality notice; and
(b)a new confidentiality notice in respect of that investigation under subsection (1).
(5)If at any time the IBAC considers on reasonable grounds that it is no longer necessary to restrict disclosure of the restricted matter or restricted matters specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1) are not likely to be prejudiced, the IBAC must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice.
(6)A confidentiality notice in respect of a particular investigation ceases to have effect on whichever of the following occurs first—
(a)the date on which the IBAC issues a notice cancelling the confidentiality notice under subsection (3), (4) or (5);
(b)the date which is the expiry of the period of 5 years from the date on which the first confidentiality notice in respect of that investigation was issued to that person or, if an extension is granted under subsection (8), the date on which the period of extension expires.
(7)If the IBAC considers on reasonable grounds that it is necessary to extend the period of 5 years specified in subsection (6)(b) on any of the grounds specified in subsection (8), the IBAC may apply to the Supreme Court for an extension of the period.
(8)The Supreme Court, on the application of the IBAC, may, by order, extend the period of 5 years specified in subsection (6)(b), if the Supreme Court is satisfied that an extension is necessary to avoid prejudice to—
(a)the investigation being conducted by the IBAC; or
(b)the safety or reputation of a person; or
(c)the fair trial of a person who has been, or may be, charged with an offence; or
(d)any proceedings that are proposed to be commenced or which have not been finally determined.
(9)A confidentiality notice under subsection (1) or a notice cancelling a confidentiality notice under subsection (3), (4) or (5) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served under section 82J(3), 82J(4), 82J(5) or 82K.
33DIBAC to provide Victorian Inspectorate with copies
The IBAC, as soon as reasonably practicable, must provide the Victorian Inspectorate with a copy of—
(a)each confidentiality notice issued by the IBAC;
(b)each notice cancelling a confidentiality notice issued by the IBAC under section 33C(3), (4) or (5);
(c)each application to the Supreme Court under section 33C(7) to extend the period of a confidentiality notice;
(d)each order made under section 33C(8) by the Supreme Court extending the period of a confidentiality notice.
33EDisclosure subject to confidentiality notice
(1)Subject to subsections (2), (3), (4) and (5), a person who—
(a)is duly served with a confidentiality notice by the IBAC under section 33C(9), and if applicable, any order extending the confidentiality notice; or
(b)receives a copy of a confidentiality notice under subsection (6) or (7) and, if applicable, a copy of any order extending the confidentiality notice—
must not disclose a restricted matter specified in the confidentiality notice while it has effect.
Penalty:120 penalty units or imprisonment for 12 months or both.
(2)Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances—
(a)in accordance with a direction or authorisation given by the IBAC;
(b)to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 33C, including if the person—
(i)does not have a sufficient knowledge of the English language to understand the nature of the witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 33C, to an interpreter;
(ii)is a person under the age of 18 years, to a parent, guardian or independent person;
(iii)is a person who is illiterate or has a mental, cognitive, physical or other impairment which prevents the person from understanding the witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 33C without assistance, to an independent person;
(c)subject to section 82M(2) and (8), for the purposes of obtaining legal advice or representation in relation to—
(i)a witness summons, a confidentiality notice or an order extending a confidentiality notice under section 33C;
(ii)the person's rights, liabilities, obligations and privileges under this Act;
(d)by an Australian legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure arising from his or her professional relationship with his or her client;
(e)as is otherwise authorised or required to be made by or under this Act.
(3)Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of making a complaint to the Victorian Inspectorate about the conduct of the IBAC or of an IBAC Officer.
(4)Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of complying with a witness summons served on a person by the Victorian Inspectorate under the Victorian Inspectorate Act 2011.
(5)Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure made is of information that has been published by the IBAC in a report or has otherwise been made public in accordance with this Act.
(6)A person who makes a disclosure of information permitted by subsection (2) must, when making the disclosure, provide the person to whom the disclosure is made with a copy of the confidentiality notice and of any order extending the confidentiality notice under section 33C, unless the person has a reasonable excuse for not doing so.
Penalty:120 penalty units or imprisonment for 12 months or both.
(7)If in respect of a particular investigation a person who makes a disclosure of information permitted by subsection (2) receives a new confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice under section 33C, the person must as soon as reasonably practicable provide a copy of the new confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice to each person to whom the disclosure has been made, unless the person has a reasonable excuse for not doing so.
Penalty:120 penalty units or imprisonment for 12 months or both.
Division 4—Protection of persons and documents
33FWho is a protected person?
For the purposes of this Division, a protected person means a person who is or was at any time—
(a)an IBAC Officer; or
(b)a person other than a natural person engaged under section 30, if any officer or employee of the person has taken an oath or made an affirmation under section 31; or
(c)the members of a body engaged under section 30, if any member, officer or employee of the body has taken an oath or made an affirmation under section 31.
33GWhat is a protected document or other thing?
For the purposes of this Division, a protected document or other thing is a document or other thing the production or inspection of which—
(a)is likely to—
(i)reveal the identity of an informer or put an informer's safety at risk; or
(ii)reveal the identity of a person who has been summoned, or who has appeared, as a witness in an examination, or put that person's safety at risk; or
(iii)reveal the identity of a person who has provided the IBAC with information relating to an investigation, or put that person's safety at risk; or
(iv)reveal the identity of a person whose name appears in any evidence given or information provided to the IBAC relating to an investigation, or put that person's safety at risk; or
(v)reveal the identity of a person who is, or has been, the subject of an investigation, or put that person's safety at risk; or
(b)is likely to place at risk—
(i)an investigation under this Act; or
(ii)any other investigation by the Victorian Inspectorate, a law enforcement agency or an integrity body; or
(c)is likely to risk the disclosure of any secret investigative method used by the IBAC, the Victorian Inspectorate, a law enforcement agency or an integrity body; or
(d)is otherwise not in the public interest.
33HProtected documents and other things in proceedings, processes or actions other than criminal proceedings
(1)This section applies to—
(a)any legal proceeding other than a criminal proceeding;
(b)any proceeding, other than a criminal proceeding, of any tribunal, authority or person having power to require the production of documents or the answering of questions, other than the Victorian Inspectorate;
(c)any disciplinary process or action.
(2)In any proceeding, process or action to which this section applies, a protected person is not compellable to produce, or permit inspection of, any document or other thing that has come into his or her possession or control in the performance of the duties and functions or the exercise of the powers of the person or the IBAC under this Act or any other Act, if the IBAC certifies in writing that in the IBAC's opinion the document or thing is a protected document or other thing.
33IProduction and inspection of protected documents and things in criminal proceedings
(1)This section applies if, in a criminal proceeding—
(a)a subpoena is issued for a protected person to produce any document or other thing that has come into his or her possession or control in the performance of the duties and functions or the exercise of the powers of the person or the IBAC under this Act or any other Act; and
(b)the protected person objects, on the basis that the document or other thing is a protected document or other thing, to—
(i)the production of the document or other thing in the criminal proceeding; or
(ii)the inspection of the document or other thing by one or more parties to the criminal proceeding.
(2)The protected person must—
(a)give notice of the objection to each party to the criminal proceeding, indicating the category of the document or other thing; and
(b)apply to the court hearing the criminal proceeding to determine the application—
(i)by confidential affidavit that is not disclosed to one or more of the parties or any representative of those parties; or
(ii)at a hearing held in closed court in which the protected person and each party to the proceeding has a right to be heard by the court regarding the objection; or
(iii)at a hearing held without notice to, and without the presence of, one or more of the parties or any representative of those parties; or
(iv)by any combination of the methods set out in subparagraphs (i) to (iii).
(3)If the court is satisfied that it is not in the public interest to determine the application under subsection (2) by the method elected by the protected person, the court may determine the application by any other method set out in subsection (2)(b) that it thinks fit.
(4)In deciding which method to use to determine the application, the court must take into account—
(a)the public interest in protecting the confidentiality of any secret investigative method used by the IBAC, the Victorian Inspectorate, a law enforcement agency or an integrity body and documents and other things in the possession or control of the IBAC; and
(b)the extent to which the method of determining the objection which is the subject of the application may disclose information that—
(i)reveals the identity of an informer or puts an informer's safety at risk; or
(ii)reveals the identity of a person who has been summoned, or who has appeared, as a witness in an examination, or puts that person's safety at risk; or
(iii)reveals the identity of a person who has provided the IBAC with information relating to an investigation, or puts that person's safety at risk; or
(iv)reveals the identity of a person whose name appears in any evidence given or information provided to the IBAC relating to an investigation, or puts that person's safety at risk; or
(v)reveals the identity of a person who is or has been the subject of an investigation, or puts that person's safety at risk; or
(vi)places at risk an ongoing investigation under this Act or by the Victorian Inspectorate, a law enforcement agency or an integrity body; or
(vii)places at risk the disclosure of any secret investigative method used by the IBAC, the Victorian Inspectorate, a law enforcement agency or an integrity body; or
(viii)it would otherwise not be in the public interest to disclose.
(5)If the court determines the objection by the method of confidential affidavit set out in subsection (2)(b)(i), the court may require the protected person to provide the court with any further confidential affidavits the court requires to determine the objection.
(6)Without limiting any other basis on which the court may refuse to require production of the document or other thing, or to allow a party to the criminal proceeding to inspect the document or other thing, the court must refuse to so require or allow if the court determines that the document or other thing is a protected document or other thing.
(7)Subsection (6) does not apply if the party seeking production or inspection of the document or other thing satisfies the court that exceptional circumstances exist that require the production or inspection of the document or other thing.
33JCourt may appoint special counsel to represent party
(1)If a court decides to determine an objection referred to in section 33I, the court may appoint a special counsel to represent the interests of a party to the proceeding at the hearing.
(2)A special counsel must be a barrister within the meaning of the Legal Profession Act 2004 who, in the opinion of the court, has the appropriate skills and ability to represent the interests of the party at the hearing.
(3)At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the objection, the special counsel may communicate with the party whose interests he or she is representing, or any representative of that party, for the purpose of obtaining information from the party or representative in relation to the criminal proceeding.
(4)At any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the objection, the special counsel—
(a)must not take instructions from the party whose interests he or she is representing, or from any representative of that party; and
(b)may communicate to that party or a representative of that party any order made by the court at or in relation to the hearing; and
(c)must not communicate any other information in relation to the hearing to that party or a representative of that party without leave of the court.
33KCompellability of protected persons as witnesses
(1)This section applies to—
(a)any legal proceeding;
(b)any proceeding of any tribunal, authority or person having power to require the production of documents or the answering of questions, other than the Victorian Inspectorate;
(c)any disciplinary process or action.
(2)In any proceeding, process or action to which this section applies, a protected person is not compellable to disclose any matter or thing of which the person has knowledge as a result of the performance of the duties and functions or the exercise of powers of the person or the IBAC under this Act or any other Act, unless the IBAC certifies in writing that in the IBAC's opinion the giving of evidence by the protected person is in the public interest.".
14New Division 2A of Part 3 inserted
After Division 2 of Part 3 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
Division 2A—IBAC "obligations in relation to complaints and notifications to the IBAC
40AIBAC must dismiss, investigate or make referral
In relation to any complaint or notification to the IBAC, the IBAC must, in accordance with this Act—
(a)dismiss the complaint or notification if there are grounds to do so; or
(b)investigate the complaint or notification; or
(c)make a referral of the complaint or notification.
40BNotice of dismissal, investigation or referral of complaint or notification
(1)Subject to subsection (2), the IBAC may notify the person who made a complaint or notification to the IBAC of the action referred to in section 40A which the IBAC has taken.
(2)The IBAC must not notify a person under subsection (1) if the IBAC considers that notifying that person would—
(a)not be in the public interest or in the interests of justice; or
(b)put a person's safety at risk; or
(c)cause unreasonable damage to a person's reputation; or
(d)prejudice an investigation under this Act or an investigation by the police force or the person or body to which the referral was made; or
(e)otherwise contravene any applicable statutory secrecy obligations or privacy laws.".
15Conducting investigations about corrupt conduct
After section 41(2) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"(3)The IBAC may conduct an investigation under subsection (1) in relation to conduct of, or in relation to—
(a)a person who was a public officer at the time of the conduct even if that person is no longer a public officer;
(b)a body that was a public body at the time of the conduct even if that body is no longer a public body or has ceased to exist as a body or as a public body;
(c)a person referred to in section 3A(1)(a) which is, or was, a corporation even if that corporation has been deregistered under the Corporations Act.
(4)The IBAC must not conduct an investigation under subsection (1) in relation to conduct which occurred entirely before the commencement of section 5B unless the IBAC is reasonably satisfied that—
(a)it is in the public interest for the IBAC to investigate that conduct; and
(b)in all the circumstances it is appropriate for the IBAC to investigate that conduct, having regard to the IBAC's functions of identifying and exposing serious corrupt conduct; and
(c)in the case of conduct that another investigatory body has already investigated or decided not to investigate—
(i)there is reliable, substantial and highly probative evidence that was not considered by the investigatory body; or
(ii)there is reliable, substantial and highly probative evidence that the investigation or decision not to investigate was materially affected by error.
(5)In this section—
investigatory body means—
(a)an integrity body; or
(b)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.".
16The IBAC must dismiss certain complaints or notifications to the IBAC
In the heading to section 44 of the Independent Broad-based Anti-corruption Commission Act 2011 after "to the IBAC" insert "about judicial officers".
17Complaints or notifications to the IBAC that do not warrant investigation
Section 47(4) of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed.
18New section 47A inserted
After section 47 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"47A When certain complaints or notifications to the IBAC are dismissed
A complaint or notification to the IBAC is dismissed if the IBAC—
(a)determines under section 46(2) or section 47(1) that the complaint or notification does not warrant investigation; or
(b)decides not to investigate the complaint or notification in accordance with section 47(3).".
19New sections 49A and 49B inserted
After section 49 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
49AThe IBAC to disclose to Victorian Inspectorate complaint or notification involving conduct of the IBAC or IBAC Officers"
The IBAC must notify the Victorian Inspectorate of any complaint or notification to the IBAC if that complaint or notification involves conduct of—
(a)the IBAC; or
(b)any person who is, or was at the time of the conduct, an IBAC Officer.
49BThe IBAC may conduct coordinated investigations
(1)For the purposes of, or in connection with, its investigative functions under this Act, the IBAC may conduct an investigation under this Division in coordination with any integrity body or law enforcement agency.
(2)An investigation conducted in coordination with an integrity body or a law enforcement agency—
(a)must be conducted by the IBAC as an exercise of the duties, functions and powers of the IBAC; and
(b)may otherwise be conducted in any way the IBAC sees fit.
(3)Without limiting subsection (2), for the purposes of an investigation conducted in coordination with an integrity body or a law enforcement agency, the IBAC may—
(a)consult, coordinate and cooperate with any integrity body or law enforcement agency which is, in accordance with that body's or agency's own duties, functions and powers, conducting an investigation in respect of the same matter or similar or related subject matter;
(b)in accordance with section 33B, provide or disclose information to an integrity body or a law enforcement agency with which the IBAC is conducting a coordinated investigation;
(c)in accordance with Part 3, receive information from an integrity body or a law enforcement agency with which the IBAC is conducting a coordinated investigation;
(d)enter into a memorandum of understanding or an agreement with any integrity body or law enforcement agency in relation to the conduct of coordinated investigations with that integrity body or law enforcement agency.
(4)Without limiting subsection (3)(d), a memorandum of understanding or an agreement under that subsection may be in relation to—
(a)coordinated investigations generally; or
(b)specific coordinated investigations or classes of coordinated investigation.
(5)Nothing in this section permits a duty or function of the IBAC to be performed or a power of the IBAC to be exercised other than—
(a)by a person authorised to perform that duty or function, or exercise that power, under this Act; and
(b)in a manner required or authorised under this Act.".
20New Division 4 of Part 3 inserted
After Division 3 of Part 3 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
Division 4—Referrals"
49CReferral of complaint or notification for investigation by another person or body
(1)The IBAC must refer to a person or body specified in subsection (2) a complaint or notification to the IBAC if, at any time, the IBAC considers that—
(a)the subject matter of the complaint or notification is relevant to the performance of the duties and functions or the exercise of powers of that person or body; and
(b)it would be more appropriate for the complaint or notification to be investigated by that person or body rather than by the IBAC.
(2)For the purposes of subsection (1), the following persons and bodies are specified—
(a)the Chief Commissioner of Police;
(b)the Ombudsman appointed under section 3 of the Ombudsman Act 1973;
(c)the Auditor-General appointed under section 94A of the Constitution Act 1975;
(d)the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;
(e)the Environment Protection Authority established under section 5 of the Environment Protection Act 1970;
(f)the relevant principal officer;
(g)any other prescribed person or body which has a law enforcement function or an integrity function.
(3)Despite subsection (1), the IBAC must not refer to the Chief Commissioner of Police any complaint or notification to the IBAC to the extent that the complaint or notification relates to conduct of—
(a)the Chief Commissioner of Police; or
(b)a Deputy Commissioner of Police; or
(c)an Assistant Commissioner of Police.
(4)If the IBAC refers to the Chief Commissioner of Police under this section a complaint or notification to the IBAC relating to the conduct of a member of the police force, the Chief Commissioner must investigate that complaint or notification under Division 2 of Part IVA of the Police Regulation Act 1958.
49DReferrals to prosecutorial bodies
(1)If the IBAC considers it appropriate, the IBAC, at any time, may refer to a prosecutorial body any matter that the IBAC considers is relevant to the performance of the prosecutorial duties and functions or the exercise of prosecutorial powers of that prosecutorial body.
(2)Without limiting any matter which may be referred under this section, the IBAC may refer—
(a)any matter under investigation by the IBAC;
(b)any matter raised in a report of the Chief Commissioner of Police.
49EReferrals to prosecutorial bodies for advice
(1)After receiving a report of the Chief Commissioner of Police, the IBAC may refer to a prosecutorial body for advice any matter that the IBAC considers is relevant to the performance of the prosecutorial duties and functions or the exercise of prosecutorial powers of that prosecutorial body.
(2)If the IBAC refers a matter to a prosecutorial body for advice under subsection (1) the IBAC must notify in writing the Chief Commissioner of Police—
(a)of the referral; and
(b)of the advice received by the IBAC from the prosecutorial body in respect of the referral.
(3)The Chief Commissioner of Police must not conduct any disciplinary process or action against the person who is the subject of a referral under subsection (1) until the Chief Commissioner of Police has received the notification from the IBAC under subsection (2)(b).
49FConsultation prior to referral
For the purposes of deciding whether to make a referral under this Division to a person or body, the IBAC may consult with the relevant person or body.
49GInformation to be provided with referral
In accordance with section 33B, the IBAC may provide or disclose to a person or body to which a referral is made under this Division any information that the IBAC has in relation to the matter referred.
49HProvision to the IBAC of information about referred complaint or notification
(1)This section applies to a referral under section 49C other than a referral to the Chief Commissioner of Police in relation to conduct of a person who is not a member of police personnel.
(2)If the IBAC has made a referral to which this section applies, the IBAC, at any time, may require the person or body to which the referral is made to provide to the IBAC, within a reasonable time specified by the IBAC, information regarding—
(a)any investigation of the referred matter;
(b)any action taken in respect of the referred matter.
(3)A person or body to which a requirement is made under this section must provide the required information to the IBAC within the time specified by the IBAC under subsection (2).
49IWithdrawal of referred complaint or notification
(1)This section applies to a referral under section 49C other than a referral to the Chief Commissioner of Police in relation to conduct of a person who is not a member of police personnel.
(2)At any time after the IBAC has made a referral to which this section applies of a complaint or notification to the IBAC, the IBAC may—
(a)determine to investigate that complaint or notification under Division 3; and
(b)withdraw that referral by providing written notice to the person or body to which the complaint or notification was referred.
(3)A person or body which receives a notice from the IBAC withdrawing a referral under subsection (2) must—
(a)cease its investigation of the referred complaint or notification; and
(b)provide the IBAC with any evidence that the person or body has in its possession or control in relation to that referred complaint or notification; and
(c)cooperate with the IBAC and ensure that its officers provide all reasonable assistance requested by the IBAC in relation to that complaint or notification.
(4)The IBAC, as soon as reasonably practicable, must notify the Victorian Inspectorate in writing of the withdrawal under this section of any referral.
49JNotice of withdrawal of referral
(1)Subject to subsection (2), if the IBAC withdraws a complaint or notification to the IBAC referred to a person or body under section 49I, the IBAC may notify the person or body who made the complaint or notification of that withdrawal of the referral and that the IBAC is to investigate the complaint or notification.
(2)The IBAC must not notify a person or a body under subsection (1) if the IBAC considers that notifying that person would—
(a)not be in the public interest or in the interests of justice; or
(b)put a person's safety at risk; or
(c)cause unreasonable damage to a person's reputation; or
(d)prejudice an investigation under this Act or an investigation by the police force or the person or body to which the referral was made; or
(e)otherwise contravene any applicable statutory secrecy obligations or privacy laws.".
21New Part 5A inserted
After Part 5 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
Part 5A—examinations"
Division 1—Examinations
82APower to hold examinations
For the purposes of an investigation, the IBAC may hold an examination.
82BConduct of examinations
In holding an examination, the IBAC—
(a)is not bound by the rules of evidence; and
(b)may regulate the procedure of the examination as the IBAC considers appropriate.
82CExaminations generally to be held in private
(1)An examination is not open to the public unless the IBAC considers on reasonable grounds—
(a)there are exceptional circumstances; and
(b)it is in the public interest to hold a public examination; and
(c)a public examination can be held without causing unreasonable damage to a person's reputation, safety or wellbeing.
(2)For the purposes of subsection (1)(b), the factors the IBAC may take into account in determining whether or not it is in the public interest to hold a public examination include, but are not limited to—
(a)whether the corrupt conduct or the police personnel conduct being investigated is related to an individual and was an isolated incident or systemic in nature;
(b)the benefit of exposing to the public, and making it aware of, corrupt conduct or police personnel misconduct;
(c)in the case of police personnel conduct investigations, the seriousness of the matter being investigated.
(3)Not less than 7 days before a public examination is held, the IBAC must—
(a)inform the Victorian Inspectorate that the IBAC intends to hold the public examination; and
(b)provide a written report to the Victorian Inspectorate giving the reasons the IBAC decided to hold a public examination in accordance with subsection (1).
(4)A judicial officer is not required to attend a public examination but may consent to doing so.
82DOffence to be present at examination
A person (other than an IBAC Officer or a Victorian Inspectorate Officer) must not be present at an examination that is not open to the public unless he or she is—
(a)attending in accordance with a witness summons duly served under section 82J; or
(b)subject to section 82M(2), an Australian legal practitioner representing a person who is attending in accordance with a witness summons; or
(c)entitled to be present by reason of a direction given by the IBAC under section 82E; or
(d)an Australian legal practitioner, or other person, engaged by the IBAC to assist the IBAC in the examination; or
(e)any other person authorised to be present by the IBAC or otherwise authorised to be present under this Act or any other law.
Penalty:120 penalty units or imprisonment for 12 months or both.
82EThe IBAC may give directions or order
(1)The IBAC may give directions as to the persons who—
(a)may be present during an examination or part of an examination;
(b)must not be present during an examination or part of an examination.
(2)A direction under subsection (1) must not prevent the presence, when evidence is being taken at an examination, of—
(a)subject to section 82M(2), an Australian legal practitioner representing a person attending in accordance with a witness summons; or
(b)an IBAC Officer; or
(c)a Victorian Inspectorate Officer; or
(d)any other person authorised to be present under this Act or any other law.
82FWitness summons
(1)For the purposes of an investigation, the IBAC may issue the following witness summonses to a person—
(a)a summons to attend the IBAC to give evidence at an examination at a specified time and place on a specified date;
(a)the disclosure is permitted under subsection (2); and
(b)the advice required by subsection (6) is given at the same time the disclosure is made.
Penalty:120 penalty units or imprisonment for 12 months or both.
(2)For the purposes of subsection (1), a disclosure is permitted if the disclosure—
(a)is made in accordance with a direction or authorisation given by the IBAC; or
(b)is made by an officer of an entity to other officers of the entity for the purposes of enabling the entity to respond to the proposed report or draft or part of the proposed report; or
(c)subject to section 82M(2) and (8), is made for the purposes of obtaining legal advice or representation in relation to the proposed report or draft or part of the proposed report; or
(d)is otherwise authorised or required to be made by or under this Act.
(3)Despite subsection (1), a disclosure is permitted if the disclosure is made for the purposes of making a complaint to the Victorian Inspectorate about the conduct of the IBAC or of an IBAC Officer.
(4)Despite subsection (1), a disclosure is permitted if the disclosure is made for the purposes of complying with a witness summons served on a person by the Victorian Inspectorate under the Victorian Inspectorate Act 2011.
(5)Despite subsection (1), a disclosure is permitted if the disclosure is made after the information is published by the IBAC in a report or has otherwise been made public in accordance with this Act.
(6)A person who makes a disclosure of information permitted by subsection (2) must advise any person to whom the disclosure is made that this section applies in relation to the subsequent disclosure of that information by the person to whom the disclosure is made.".
25The IBAC may have regard to evidence in certain circumstances
In section 92(b) of the Independent Broad-based Anti-corruption Commission Act 2011 for "taking any disciplinary action" substitute "conducting any disciplinary process or action".
26Taking a sample when an IBAC Officer is unconscious or otherwise unable to comply with direction
In section 93(2)(c) of the Independent Broad-based Anti-corruption Commission Act 2011 for "disciplinary action" substitute "a disciplinary process or action".
27Admissibility of test result in certain proceedings
In section 94(2)(e) of the Independent Broad-based Anti-corruption Commission Act 2011 after "any disciplinary" insert "process or".
28New section 106A inserted
After section 106 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
106APower for the IBAC to bring criminal proceedings"
Proceedings for an offence in relation to any matter arising out of an IBAC investigation may be brought by—
(a)the IBAC;
(b)a sworn IBAC Officer who is authorised by the Commissioner;
(c)a member of the police force.".
29Validity and effect of notices, orders and other documents and deemed service
In section 108(1) of the Independent Broad-based Anti-corruption Commission Act 2011 after "or other document" (where first occurring) insert "given or made under this Act, other than Divisions 2 and 3 of Part 2 and Part 5A,".
30New section 108A inserted
In Division 3 of Part 7 of the Independent Broad-based Anti-corruption Commission Act 2011 before section 109 insert—
108AImmunity of the IBAC and IBAC Officers"
(1)The IBAC or an IBAC Officer is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—
(a)in the performance of a duty or a function or the exercise of a power under this Act or the regulations made under this Act; or
(b)in the reasonable belief that the act or omission was in the performance of a duty or a function or the exercise of a power under this Act or the regulations made under this Act.
(2)Any liability resulting from an act or omission that would, but for subsection (1), attach to the IBAC or an IBAC Officer attaches instead to the State.".
31Regulations—specific matters
After section 111(b) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"(ba)a person or body for the purposes of the definition of integrity body in section 3;
(bb)a person or body for the purposes of the definition of law enforcement agency in section 3;
(bc)a person or body for the purposes of the definition of prosecutorial body in section 3;
(bd)the content and form of a confidentiality notice;
(be)a person or body for the purposes of section 49C(2)(g);
(bf)the content and form of a witness summons;
(bg)matters which constitute proof of age for the purposes of section 82I(2);
(bh)content and form of a direction under section 82M;
(bi)for the purpose of section 82P(1)(e), actions which the IBAC is to take before questioning a witness at an examination or requiring a witness to produce a document or other thing;
(bj)scales of expenses payable to witnesses for the purposes of section 82ZH;
(bk)for the purposes of section 82ZI, persons who can approve legal assistance;
(bl)a person or body for the purposes of section 82ZI(5);".
__________________
Part 3—Amendment of The Victorian Inspectorate Act 2011
32New Part 2A inserted
After Part 2 of the Victorian Inspectorate Act 2011 insert—
Part 2A—Matters to be Reported to the Victorian Inspectorate By The IBAC"
28GCoercive questioning
(1)The Victorian Inspectorate may require the IBAC to provide a written report specifying, in relation to an examination of a person by the IBAC—
(a)the name of the person who attended;
(b)the name of any other person who was present during the attendance in an official capacity under any Act;
(c)the reasons for the attendance of the person being examined;
(d)the place and time of each attendance by the person for examination;
(e)the relevance of the attendance to the purpose of the investigation in relation to which the attendance occurred;
(f)any other prescribed matter.
(2)The IBAC must give the report requested under subsection (1) as soon as possible after the request is received.
__________________".
33Outcome of investigation
In section 37 of the Victorian Inspectorate Act 2011—
(a)paragraph (h), where secondly occurring, is repealed;
(b)paragraph (g), where secondly occurring, is repealed.
34Regulations—specific matters
After section 42(cg) of the Victorian Inspectorate Act 2011 insert—
"(ch)matters to be included in a report about coercive questioning;".
__________________
Part 4—Amendments to other Act and Repeal
35Amendment of Evidence (Miscellaneous Provisions) Act 1958—List of persons who may witness statutory declarations
After section 107A(1)(y) of the Evidence (Miscellaneous Provisions) Act 1958 insert—
"(ya)an IBAC Officer within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;".
36Repeal of amending Act
This Act is repealed on the day that is the first anniversary of the first day on which all the provisions of this Act are in operation.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 19 April 2012
Legislative Council: 3 May 2012
The long title for the Bill for this Act was "A Bill for an Act to make further amendments to the Independent Broad-based Anti-corruption Commission Act 2011 and the Victorian Inspectorate Act 2011, to make consequential amendments to other Acts and for other purposes."
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