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PARLIAMENT OF VICTORIA
Victorian Inspectorate Bill 2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Objects of Act 3
5 Act binds the Crown 3
PART 2--THE VICTORIAN INSPECTORATE 5
6 Establishment of the Victorian Inspectorate 5
7 The Victorian Inspectorate is a body corporate 5
8 Constitution of the Victorian Inspectorate 5
9 Functions of the Victorian Inspectorate 6
10 Powers of the Victorian Inspectorate 6
11 Delegation 7
12 Victorian Inspectorate not subject to direction or control 7
13 Independence of the Inspector 7
14 Appointment of the Inspector 8
15 Veto of proposed Inspector 9
16 Duties, functions and powers of the Inspector 10
17 Terms and conditions 10
18 Vacancy and resignation 12
19 Suspension and removal from office 13
20 Declaration of inability to act 14
21 Acting appointment 14
22 Oath or affirmation of office 15
23 Delegation 15
24 Staff 16
25 Consultants 16
26 Oath or affirmation by staff and consultants 17
27 Obligation on persons employed or engaged under section 24 17
28 Obligation to avoid actual or perceived conflicts of interest 18
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Clause Page
PART 3--INVESTIGATIONS 19
29 Complaints 19
30 Investigation of complaint 19
31 Own motion investigation 20
32 Conduct of investigation 20
33 Requirement to provide assistance 21
PART 4--RECOMMENDATIONS AND REPORTS 22
34 Recommendation to IBAC 22
35 Recommendation for further action 23
36 Special reports 23
37 Outcome of investigation 26
38 Matters to be included in annual report 26
PART 5--GENERAL 29
Division 1--Miscellaneous 29
39 Immunity 29
40 Exemption from Freedom of Information Act 1982 29
41 Regulations 30
42 Regulations--specific matters 31
Division 2--Amendments to other Acts 32
43 Amendment of the Independent Broad-based Anti-corruption
Commission Act 2011 32
5A Application of Act 32
44 Amendment of the Parliamentary Committees Act 2003 32
45 Amendment of the Juries Act 2000 34
46 Amendment of the Ombudsman Act 1973 34
47 Amendment of Public Administration Act 2004 34
48 Amendment of the Whistleblowers Protection Act 2001 35
49 Repeal of amending provisions 35
ENDNOTES 36
571188B.I-25/10/2011 ii BILL LA INTRODUCTION 25/10/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Victorian Inspectorate Bill 2011
A Bill for an Act to establish the Victorian Inspectorate to provide
oversight of the Independent Broad-based Anti-corruption
Commission, to amend certain Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to establish the
Victorian Inspectorate to provide oversight of the
5 Independent Broad-based Anti-corruption
Commission.
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s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 July 2012, it comes into
operation on that day.
3 Definitions
In this Act--
Australian legal practitioner has the same
10 meaning as it has in the Legal Profession
Act 2004;
Commissioner has the same meaning as it has in
section 3 of the Independent Broad-based
Anti-corruption Commission Act 2011;
15 Deputy Commissioner has the same meaning as it
has in section 3 of the Independent Broad-
based Anti-corruption Commission Act
2011;
IBAC has the same meaning as it has in section 3
20 of the Independent Broad-based Anti-
corruption Commission Act 2011;
IBAC Committee means the Joint House
Committee established under section 5(fa) of
the Parliamentary Committees Act 2003;
25 IBAC Officer has the same meaning as it has in
section 3 of the Independent Broad-based
Anti-corruption Commission Act 2011;
IBAC personnel means--
(a) an IBAC Officer;
30 (b) a person engaged by the IBAC under
section 29(2) or 30 of the Independent
Broad-based Anti-corruption
Commission Act 2011 to provide the
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Part 1--Preliminary
s. 4
IBAC with services, information or
advice;
(c) a person who was formerly a person
referred to in paragraph (a) or (b);
5 Inspector means the person appointed under
section 14;
Victorian Inspectorate means the Victorian
Inspectorate established under section 6;
Victorian Inspectorate Officer means--
10 (a) the Inspector;
(b) a member of staff of the Victorian
Inspectorate;
(c) a person engaged by the Victorian
Inspectorate to provide the Inspectorate
15 with services, information or advice.
4 Objects of Act
The objects of this Act are to--
(a) enhance the compliance of the IBAC and
IBAC personnel with the Independent
20 Broad-based Anti-corruption Commission
Act 2011 and other laws; and
(b) assist in improving the capacity of the IBAC
and IBAC personnel in the performance of
their duties and functions and the exercise of
25 their powers.
5 Act 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
30 Parliament permits, in all its other capacities.
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s. 5
(2) To avoid doubt, the Crown is a body corporate for
the purposes of this Act and the regulations.
__________________
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Part 2--The Victorian Inspectorate
s. 6
PART 2--THE VICTORIAN INSPECTORATE
6 Establishment of the Victorian Inspectorate
(1) The Victorian Inspectorate is established.
(2) The Victorian Inspectorate does not represent the
5 Crown.
7 The Victorian Inspectorate is a body corporate
(1) The Victorian Inspectorate--
(a) is a body corporate with perpetual
succession;
10 (b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all acts and things that a
15 body corporate may by law do and suffer.
(2) All courts must take judicial notice of the official
seal of the Victorian Inspectorate affixed to a
document and, until the contrary is proved, must
presume that it was duly affixed.
20 (3) The official seal of the Victorian Inspectorate
must--
(a) be kept in such custody as the Victorian
Inspectorate determines; and
(b) not be used except as authorised by the
25 Victorian Inspectorate.
Note
The Victorian Inspectorate is a special body under section 6(1) of
the Public Administration Act 2004.
8 Constitution of the Victorian Inspectorate
30 The Victorian Inspectorate consists of one
Inspector appointed by the Governor in Council in
accordance with section 14.
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9 Functions of the Victorian Inspectorate
(1) The Victorian Inspectorate has the functions
conferred on the Victorian Inspectorate under this
Act or any other Act.
5 (2) Without limiting the generality of subsection (1),
the Victorian Inspectorate has the following
functions--
(a) to monitor the compliance of the IBAC and
IBAC personnel with the Independent
10 Broad-based Anti-corruption Commission
Act 2011 and other laws;
(b) to assess the effectiveness and
appropriateness of the policies and
procedures of the IBAC which relate to the
15 legality and propriety of IBAC's activities;
(c) to receive complaints under this Act in
accordance with this Act;
(d) to investigate and assess the conduct of the
IBAC and IBAC personnel in the
20 performance or exercise or purported
performance or purported exercise of their
duties, functions and powers;
(e) to report on, and make recommendations as a
result of, the performance of its duties and
25 functions.
10 Powers of the Victorian Inspectorate
The Victorian Inspectorate has power to do all
things that are necessary or convenient to be done
for or in connection with, or as incidental to, the
30 achievement of the objects of this Act and the
performance of its duties and functions.
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11 Delegation
(1) The Victorian Inspectorate by instrument may
delegate to the Inspector any duty, function or
power of the Victorian Inspectorate under this Act
5 or any other Act or the regulations under this Act
other than this power of delegation.
(2) A delegation under this section to a former judge
of the Supreme Court or the County Court or a
former Chief Magistrate does not affect any
10 pension or other rights or privileges that the
person has as a former judge or Chief Magistrate.
12 Victorian Inspectorate not subject to direction or
control
The Victorian Inspectorate is not subject to the
15 direction or control of the Minister in respect of
the performance of its duties and functions and the
exercise of its powers.
13 Independence of the Inspector
(1) The Inspector is an independent officer of the
20 Parliament.
(2) The functions, powers, immunities and obligations
of the Inspector are as specified in this Act and
other laws of the State.
(3) There are no implied functions, powers, rights,
25 immunities or obligations arising from the
Inspector being an independent officer of the
Parliament.
(4) The powers of the Parliament to act in relation to
the Inspector are as specified in or applying under
30 this Act, the Constitution Act 1975 and other
laws of the State.
(5) There are no implied powers of the Parliament
arising from the Inspector being an independent
officer of the Parliament.
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(6) Subject to this Act and other laws of the State, the
Inspector has complete discretion in the
performance or exercise of his or her duties,
functions or powers.
5 (7) In particular and without limiting subsection (6),
the Inspector is not subject to the direction or
control of the Minister in respect of the
performance or exercise of his or her duties,
functions or powers.
10 14 Appointment of the Inspector
(1) Subject to section 15, the Governor in Council on
the recommendation of the Minister may by
instrument appoint an eligible person to be the
Inspector.
15 (2) A person is an eligible person if he or she--
(a) is or has been, or is qualified for appointment
as, a judge of--
(i) the High Court; or
(ii) the Federal Court; or
20 (iii) the Supreme Court of Victoria or
another State or a Territory;
(b) is not a member of the Parliament of Victoria
or of the Commonwealth or of another State
or a Territory;
25 (c) is not, and has not been, a Commissioner,
Acting Commissioner, Deputy
Commissioner, or Acting Deputy
Commissioner, of the IBAC.
(3) A person holding a judicial office immediately
30 before being appointed to be the Inspector must
cease to hold that judicial office upon being
appointed to be the Inspector.
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15 Veto of proposed Inspector
(1) Subject to subsection (4), the Minister must not
make a recommendation under section 14
unless--
5 (a) the Minister has submitted details of the
proposed recommendation to the IBAC
Committee; and
(b) either--
(i) within the time specified in subsection
10 (2) the IBAC Committee has informed
the Minister that it has decided not to
veto the recommendation; or
(ii) the time specified in subsection (2) has
elapsed and the IBAC Committee has
15 not vetoed the recommendation.
(2) The IBAC Committee must make a decision under
this section within 30 days after the Minister has
submitted details of the proposed recommendation
to the IBAC Committee.
20 (3) The IBAC Committee--
(a) may decide to veto or not to veto the
proposed recommendation;
(b) must notify the Minister in writing of its
decision within the period specified in
25 subsection (2).
(4) Subsections (1) to (3) do not apply to the
appointment of the first Inspector under this Act
and the Minister may make the recommendation
for the appointment of the first Inspector after the
30 Premier has consulted in relation to the proposed
recommendation with the member of the
Legislative Assembly who is for the time being
the Leader of Her Majesty's Opposition.
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16 Duties, functions and powers of the Inspector
The Inspector--
(a) constitutes the Victorian Inspectorate under
section 8;
5 (b) is responsible for undertaking the strategic
leadership of the Victorian Inspectorate for
the purpose of achieving the objects of this
Act;
(c) is the public service body Head of the
10 Victorian Inspectorate for the purposes of
section 16 of the Public Administration Act
2004.
(d) has the duties, functions and powers
delegated to the Inspector by the Victorian
15 Inspectorate;
(e) has any other duties, functions and powers
conferred on the Inspector under this Act or
any other Act.
17 Terms and conditions
20 (1) The Inspector holds office for the period not
exceeding 5 years as is specified in the instrument
of appointment.
(2) The Inspector is eligible to be re-appointed.
(3) Subject to this section, the Inspector is appointed
25 on a full-time or part-time basis on the terms and
conditions (including remuneration and
allowances) that are specified in the instrument of
appointment.
(4) The remuneration of the Inspector cannot be
30 reduced during his or her term of office unless he
or she consents to the reduction.
(5) If a person who has been a judge of the Supreme
Court or the County Court or has been the Chief
Magistrate is appointed as the Inspector, the
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appointment does not affect any pension or other
rights or privileges the person has as a former
judge or Chief Magistrate.
(6) If the Inspector was immediately before his or her
5 appointment a judge of the Supreme Court, his or
her service as the Inspector shall count as service
in the office of judge of the Supreme Court for the
purposes of entitlement to a pension under
section 83 of the Constitution Act 1975.
10 (7) If the Inspector was immediately before his or her
appointment a judge of the County Court, his or
her service as the Inspector shall count as service
in the office of judge of the County Court for the
purposes of entitlement to a pension under
15 section 14 of the County Court Act 1958.
(8) If the Inspector was immediately before his or her
appointment the Chief Magistrate, his or her
service as the Inspector shall count as service in
the office of Chief Magistrate for the purposes of
20 entitlement to a pension under section 10A of the
Magistrates' Court Act 1989.
(9) If the Inspector was immediately before his or her
appointment an officer within the meaning of the
State Superannuation Act 1988, he or she
25 continues to be such an officer during his or her
term of office as the Inspector.
(10) The Inspector must not engage in any
employment, business or community activity
outside the Victorian Inspectorate that may create
30 an actual or perceived conflict of interest with his
or her role as the Inspector.
(11) Without limiting the generality of subsection (10),
the Inspector must not enter into a contract by
which he or she is to provide services or provide
35 services under any contract if the provision of
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Part 2--The Victorian Inspectorate
s. 18
services may create an actual or perceived conflict
of interest with his or her role as the Inspector.
(12) In addition to subsection (10), the Inspector must
not, without the approval of the Governor in
5 Council--
(a) apply for, or hold, a licence or permit to
conduct any trade, business or profession; or
Note
This includes a legal practising certificate under the
10 Legal Profession Act 2004.
(b) conduct any trade, business or profession; or
(c) accept any other employment.
(13) The Public Administration Act 2004 does not
apply to the Inspector in respect of the office of
15 Inspector as such except for the purposes of
section 16 of that Act.
18 Vacancy and resignation
(1) The Inspector ceases to hold office if he or she--
(a) resigns by writing delivered to the Governor;
20 or
(b) becomes an insolvent under administration;
or
(c) is convicted, or found guilty, of an indictable
offence or an offence that, if committed in
25 Victoria, would be an indictable offence; or
(d) nominates for election for the Parliament of
Victoria or of the Commonwealth or of
another State or a Territory; or
(e) is appointed to a judicial office; or
30 (f) is appointed as Commissioner, Acting
Commissioner, Deputy Commissioner or
Acting Deputy Commissioner, of the IBAC;
or
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Part 2--The Victorian Inspectorate
s. 19
(g) becomes a represented person within the
meaning of the Guardianship and
Administration Act 1986.
(2) The Inspector ceases to hold office if he or she is
5 removed from office under section 19.
19 Suspension and removal from office
(1) The Governor in Council may suspend the
Inspector from office on any of the following
grounds--
10 (a) misconduct;
(b) neglect of duty;
(c) inability to perform the duties of the office;
(d) any other ground on which the Governor in
Council is satisfied that the Inspector is unfit
15 to hold office.
(2) The Minister must cause a full statement of the
grounds of suspension to be presented to each
House of the Parliament on or before the
7th sitting day of that House of the Parliament
20 after the suspension.
(3) The Governor in Council must remove the
Inspector from office if each House of the
Parliament on or before the 7th sitting day of that
House of the Parliament after the statement of the
25 grounds of suspension is presented to it, declares
by resolution that the Inspector ought to be
removed from office.
(4) The Governor in Council must remove the
suspension and restore the Inspector to office
30 unless each House of the Parliament makes a
declaration of the kind specified in subsection (3)
within the time specified in that subsection.
(5) The Inspector can only be removed from office in
accordance with this section.
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s. 20
20 Declaration of inability to act
The Inspector may declare himself or herself
unable to act in respect of a particular matter by
reason of an actual or perceived conflict of
5 interest.
21 Acting appointment
(1) The Governor in Council may on the
recommendation of the Minister appoint a person
to act in the office of Inspector during--
10 (a) any vacancy in the office of the Inspector; or
(b) any period when the person holding the
office--
(i) is absent from duty; or
(ii) is for any other reason unable to
15 perform the duties of the office.
(2) Subject to this section, a person appointed under
subsection (1) can be appointed for a period not
exceeding 6 months.
(3) An acting appointment or acting appointments in
20 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 6 months in
duration.
(4) A vacancy in the office of the Inspector must be
25 filled by a person appointed in accordance with
section 14 within the period of 6 months after the
vacancy occurred.
(5) The Governor in Council may at any time remove
a person acting in the office of the Inspector from
30 the office.
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(6) While a person is acting in the office of Inspector
the person--
(a) has and may exercise all the powers, and
must perform all the functions and duties, of
5 that office; and
(b) is entitled to be paid the remuneration and
allowances which the Inspector would have
been entitled to.
22 Oath or affirmation of office
10 (1) Before a person appointed to be the Inspector or to
act in the office of the Inspector assumes the
office, he or she must have taken an oath or made
an affirmation that he or she--
(a) will faithfully and impartially perform the
15 duties and functions and exercise the powers
of the office; and
(b) will not disclose, except as authorised or
required by law, any information received in
the performance of the duties and functions
20 or the exercise of the powers of the office.
(2) The oath or affirmation is to be administered by
the Speaker of the Legislative Assembly.
23 Delegation
(1) The Inspector by instrument may delegate to a
25 member of staff employed or engaged under
section 24 or a person engaged as a consultant
under section 25 any duty, function or power of
the Inspector under this Act or any other Act other
than, unless subsection (2) applies, the
30 following--
(a) this power of delegation; or
(b) the duty or power to make a report under
section 36 or 38.
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Part 2--The Victorian Inspectorate
s. 24
(2) If the Inspector makes a declaration under
section 20 in respect of any matter, the Inspector
may delegate under subsection (1) to any
Victorian Inspectorate Officer who would be
5 qualified under section 14 to be appointed as the
Inspector any duty, function or power of the
Inspector under this Act or any other Act which is
necessary to enable that matter to be dealt with.
(3) A delegation under this section to a former judge
10 of the Supreme Court or the County Court or a
former Chief Magistrate does not affect any
pension or other rights or privileges that the
person has as a former judge or Chief Magistrate.
24 Staff
15 (1) Any employees that are necessary for the purposes
of this Act may be employed under Part 3 of the
Public Administration Act 2004.
(2) The Victorian Inspectorate may enter into
agreements or arrangements for the use of the
20 services of any staff of a Department, statutory
authority or other public body.
25 Consultants
(1) The Victorian Inspectorate may engage persons
with suitable qualifications and experience as
25 consultants.
(2) Without limiting the generality of subsection (1),
the Victorian Inspectorate may appoint an
Australian legal practitioner to assist the Victorian
Inspectorate as counsel, either generally or in
30 reference to a particular matter.
(3) An engagement under this section may be on any
terms and conditions the Victorian Inspectorate
considers appropriate.
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s. 26
26 Oath or affirmation by staff and consultants
(1) Before commencing employment with the
Victorian Inspectorate, a person referred to in
section 24 must take an oath or make an
5 affirmation that he or she--
(a) will faithfully and impartially perform their
duties and functions and exercise their
powers; and
(b) will not disclose, except as authorised or
10 required by law, any information received in
the performance of their duties and functions
or the exercise of their powers.
(2) The Victorian Inspectorate may require a person
engaged under section 24(2) or 25 or an officer,
15 sub-contractor, agent or employee of a person
engaged under section 25 to take an oath or make
an affirmation that he or she--
(a) will faithfully and impartially perform their
duties and functions and exercise their
20 powers in the course of the engagement; and
(b) will not disclose, except as authorised or
required by law, any information received in
the performance of their duties and functions
or the exercise of their powers in the course
25 of the engagement.
(3) The oath or affirmation is to be administered by
the Inspector.
27 Obligation on persons employed or engaged under
section 24
30 A person employed or engaged under section 24
must not--
(a) publicly comment upon the administration of
this Act or the performance of functions or
the exercise of powers by the Victorian
35 Inspectorate;
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Part 2--The Victorian Inspectorate
s. 28
(b) make use of, or disclose, any information
obtained in the course of their employment
or engagement under section 24, except in
the course of the performance of their
5 functions or the exercise of their powers in
accordance with the law.
28 Obligation to avoid actual or perceived conflicts of
interest
A Victorian Inspectorate Officer must ensure that
10 any actual or perceived conflicts of interest are
avoided in the performance of their duties and
functions and in the exercise of their powers as a
Victorian Inspectorate Officer.
__________________
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Part 3--Investigations
s. 29
PART 3--INVESTIGATIONS
29 Complaints
(1) A person may make a complaint to the Victorian
Inspectorate about the conduct of the IBAC or
5 IBAC personnel in respect of the--
(a) performance or exercise; or
(b) failure to perform or exercise; or
(c) purported performance or purported
exercise--
10 by the IBAC or IBAC personnel of the duties,
functions or powers conferred on the IBAC or
IBAC personnel in relation to any matter.
(2) Without limiting the generality of subsection (1),
a complaint may be made on the basis that
15 specified conduct of the IBAC or IBAC personnel
was--
(a) contrary to law; or
(b) unreasonable, unjust, oppressive or
improperly discriminatory; or
20 (c) based on improper motives; or
(d) an abuse of power; or
(e) otherwise improper.
30 Investigation of complaint
(1) The Victorian Inspectorate may investigate a
25 complaint made under section 29 in order to
assess the conduct in respect of which the
complaint is made or any other conduct relevant
to the matter.
(2) If the Victorian Inspectorate decides to investigate
30 a complaint, the Victorian Inspectorate must
notify the IBAC in writing unless the Victorian
Inspectorate reasonably believes that giving notice
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Part 3--Investigations
s. 31
of the investigation could prejudice the
investigation of the complaint.
31 Own motion investigation
The Victorian Inspectorate may on its own motion
5 in the course of performing its functions
investigate the conduct of the IBAC or IBAC
personnel in respect of the--
(a) performance or exercise; or
(b) failure to perform or exercise; or
10 (c) purported performance or purported
exercise--
by the IBAC or IBAC personnel of the duties,
functions or powers conferred on the IBAC or
IBAC personnel in relation to any matter.
15 32 Conduct of investigation
(1) For the purposes of conducting an investigation,
the Victorian Inspectorate--
(a) may investigate any aspect of the IBAC's
operations or any conduct of IBAC
20 personnel;
(b) has full and free access to all the records of
the IBAC;
(c) may require the IBAC or any IBAC
personnel to give the Victorian Inspectorate
25 any information in its or that person's
possession which the Victorian Inspectorate
considers is relevant to the investigation;
(d) may require any IBAC personnel to attend
before the Victorian Inspectorate to answer
30 questions or to produce documents or other
things relating to IBAC's operations or the
conduct of IBAC personnel.
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(2) The Victorian Inspectorate may commence or
continue an investigation despite the fact that any
proceedings are on foot, or are instituted, in any
court or tribunal that relate to or are otherwise
5 connected with the subject-matter of the
investigation.
(3) If the Victorian Inspectorate is or becomes aware
that proceedings referred to in subsection (2) are
on foot or have been instituted, the Victorian
10 Inspectorate must take all reasonable steps to
ensure that the conduct of the investigation does
not prejudice those proceedings.
(4) The Victorian Inspectorate may adjourn or
suspend the conduct of an investigation if the
15 Victorian Inspectorate considers that it is in the
interests of justice to do so.
(5) If the Victorian Inspectorate considers that it is
necessary to do so, the Victorian Inspectorate may
conduct an investigation even though the IBAC is
20 investigating a related matter.
33 Requirement to provide assistance
The IBAC must--
(a) give any assistance; and
(b) ensure that IBAC personnel give any
25 assistance--
to the Victorian Inspectorate which the Victorian
Inspectorate reasonably requires to enable the
Victorian Inspectorate to conduct any
investigation under this Part.
__________________
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Part 4--Recommendations and Reports
s. 34
PART 4--RECOMMENDATIONS AND REPORTS
34 Recommendation to IBAC
(1) The Victorian Inspectorate may at any time make
recommendations to the IBAC in relation to any
5 action that the Victorian Inspectorate considers
should be taken.
(2) Without limiting subsection (1), the Victorian
Inspectorate may recommend taking action--
(a) to prevent specified conduct from continuing
10 or occurring in the future;
(b) to remedy any harm or loss arising from the
conduct of the IBAC or any IBAC personnel.
(3) A recommendation to IBAC which is not
contained in a report must be made in private.
15 (4) Subsection (3) does not limit the power of the
Victorian Inspectorate to make a public
recommendation if the Victorian Inspectorate
considers that the IBAC has failed to take
appropriate action in relation to the
20 recommendation.
(5) The Victorian Inspectorate may require the IBAC
to give a report to the Victorian Inspectorate,
within a reasonable specified time, stating--
(a) whether or not the IBAC has taken, or
25 intends to take, action recommended by the
Victorian Inspectorate; and
(b) if the IBAC has not taken the recommended
action, or does not intend to take the
recommended action, the reason for not
30 taking or intending to take the action.
(6) The IBAC must comply with a requirement of the
Victorian Inspectorate under subsection (5).
571188B.I-25/10/2011 22 BILL LA INTRODUCTION 25/10/2011
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Part 4--Recommendations and Reports
s. 35
35 Recommendation for further action
(1) The Victorian Inspectorate may at any time
recommend in private to the IBAC the taking of
disciplinary action against any IBAC personnel
5 other than the Commissioner.
(2) Subsection (1) does not limit the power of the
Victorian Inspectorate to make a public
recommendation if the Victorian Inspectorate
considers that the IBAC has failed to take
10 appropriate action in relation to the
recommendation.
(3) If the Victorian Inspectorate is satisfied that any
conduct of any IBAC personnel which has been
the subject of a complaint, investigation or other
15 finding should be the subject of any further
investigatory or enforcement action, the Victorian
Inspectorate may make a recommendation to that
effect to any or all of the following--
(a) Victoria Police;
20 (b) the Director of Public Prosecutions;
(c) the Australian Federal Police;
(d) the Auditor-General.
36 Special reports
(1) The Victorian Inspectorate may at any time cause
25 a report to be transmitted to each House of the
Parliament on any matter relating to the
performance of its duties and functions.
(2) If the Victorian Inspectorate intends to include in
a report under this section a comment or opinion
30 which is adverse to the IBAC or any IBAC
personnel, the Victorian Inspectorate must first
provide the IBAC or the relevant IBAC personnel
a reasonable opportunity to respond to the adverse
material and fairly set out the defence in its report.
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Part 4--Recommendations and Reports
s. 36
(3) If the Victorian Inspectorate is aware of a criminal
investigation or criminal proceedings in relation to
a matter or person to be included in a report under
this section the Victorian Inspectorate must not
5 include in the report any information which would
prejudice the criminal investigation or criminal
proceedings.
(4) If the Victorian Inspectorate is aware of an IBAC
investigation in relation to a matter or person to be
10 included in a report under this section the
Victorian Inspectorate must not include in the
report any information which would prejudice the
IBAC investigation.
(5) The Victorian Inspectorate must not include in a
15 report under this section a statement as to--
(a) a finding or opinion that a specified person is
guilty of or has committed, is committing or
is about to commit, any criminal offence or
disciplinary offence; or
20 (b) a recommendation that a specified person be,
or an opinion that a specified person should
be, prosecuted for a criminal offence or
disciplinary offence.
(6) The clerk of each House of the Parliament must
25 cause the report to be laid before the House of the
Parliament on the day on which it is received or
on the next sitting day of that House of the
Parliament.
(7) If the Victorian Inspectorate proposes to transmit
30 a report to the Parliament on a day on which
neither House of the Parliament is actually sitting,
the Victorian Inspectorate must--
(a) give one business day's notice of intention to
do so to the clerk of each House of the
35 Parliament; and
571188B.I-25/10/2011 24 BILL LA INTRODUCTION 25/10/2011
Victorian Inspectorate Bill 2011
Part 4--Recommendations and Reports
s. 36
(b) give the report to the clerk of each House of
the Parliament on the day indicated in the
notice; and
(c) publish the report on the Victorian
5 Inspectorate's Internet website as soon as
practicable after giving it to the clerks.
(8) The clerk of each House of the Parliament must--
(a) notify each member of the House of the
Parliament of the receipt of the notice under
10 subsection (7)(a) on the same day that the
clerk receives that notice; and
(b) give a copy of the report to each member of
the House of the Parliament as soon as
practicable after the report is received under
15 subsection (7)(b); and
(c) cause the report to be laid before the House
of the Parliament on the next sitting day of
the House of the Parliament.
(9) A report that is given to the clerks under
20 subsection (7)(b) is taken to have been published
by order, or under the authority, of the Houses of
the Parliament.
(10) The publication of a report by the Victorian
Inspectorate under subsection (7)(c) is absolutely
25 privileged and the provisions of sections 73
and 74 of the Constitution Act 1975 and any
other enactment or rule of law relating to the
publication of the proceedings of the Parliament
apply to and in relation to the publication of the
30 report as if it were a document to which those
sections applied and had been published by the
Government Printer under the authority of the
Parliament.
571188B.I-25/10/2011 25 BILL LA INTRODUCTION 25/10/2011
Victorian Inspectorate Bill 2011
Part 4--Recommendations and Reports
s. 37
37 Outcome of investigation
After conducting an investigation, the Victorian
Inspectorate may--
(a) make a recommendation to the IBAC in
5 accordance with section 34;
(b) make a recommendation to the IBAC in
accordance with section 35;
(c) make a recommendation to Victoria Police in
accordance with section 35;
10 (d) make a recommendation to the Director of
Public Prosecutions in accordance with
section 35;
(e) make a recommendation to the Australian
Federal Police in accordance with section 35;
15 (f) make a recommendation to the Auditor-
General in accordance with section 35;
(g) transmit a special report under section 36;
(h) do any combination or all of the matters
referred to in paragraphs (a) to (g);
20 (g) determine to make no finding or take no
action following the investigation.
38 Matters to be included in annual report
(1) The Victorian Inspectorate in its annual report for
a financial year under Part 7 of the Financial
25 Management Act 1994 must include--
(a) the prescribed information relating to the
performance of its duties and functions;
(b) a description of its activities in relation to the
performance of its duties and functions;
30 (c) details of the IBAC's compliance with this
Act and the Independent Broad-based
Anti-corruption Commission Act 2011;
571188B.I-25/10/2011 26 BILL LA INTRODUCTION 25/10/2011
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Part 4--Recommendations and Reports
s. 38
(d) details of the comprehensiveness and
adequacy of reports made to the Victorian
Inspectorate by the IBAC under this Act;
(e) details of the extent to which action
5 recommended by the Victorian Inspectorate
to be taken by the IBAC has been taken.
(2) If the Victorian Inspectorate intends to include in
its annual report a comment or opinion which is
adverse to the IBAC or any IBAC personnel, the
10 Victorian Inspectorate must first provide the
IBAC or the relevant IBAC personnel a
reasonable opportunity to respond to the adverse
material and fairly set out the defence in its annual
report.
15 (3) If the Victorian Inspectorate is aware of a criminal
investigation or criminal proceedings in relation to
a matter or person to be included in its annual
report the Victorian Inspectorate must not include
in the annual report any information which would
20 prejudice the criminal investigation or criminal
proceedings.
(4) If the Victorian Inspectorate is aware of an IBAC
investigation in relation to a matter or person to be
included in its annual report the Victorian
25 Inspectorate must not include in the annual report
any information which would prejudice the IBAC
investigation.
(5) The Victorian Inspectorate must not include in its
annual report a statement as to--
30 (a) a finding or opinion that a specified person is
guilty of or has committed, is committing or
is about to commit, any criminal offence or
disciplinary offence; or
571188B.I-25/10/2011 27 BILL LA INTRODUCTION 25/10/2011
Victorian Inspectorate Bill 2011
Part 4--Recommendations and Reports
s. 38
(b) a recommendation that a specified person be,
or an opinion that a specified person should
be, prosecuted for a criminal offence or
disciplinary offence.
__________________
571188B.I-25/10/2011 28 BILL LA INTRODUCTION 25/10/2011
Victorian Inspectorate Bill 2011
Part 5--General
s. 39
PART 5--GENERAL
Division 1--Miscellaneous
39 Immunity
(1) The Victorian Inspectorate or a Victorian
5 Inspectorate 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 function or the
exercise of a power under this Act; or
10 (b) in the reasonable belief that the act or
omission was in the course of the
performance of a function or the exercise of
a power under this Act.
(2) Any liability resulting from an act or omission
15 that, but for subsection (1), would attach to the
Victorian Inspectorate or a Victorian Inspectorate
Officer attaches instead to the State.
40 Exemption from Freedom of Information Act 1982
(1) The Freedom of Information Act 1982 does not
20 apply to a document that is in the possession of a
relevant person or body to the extent to which the
document discloses information that relates to--
(a) a complaint made under this Act; or
(b) an investigation conducted under this Act; or
25 (c) a recommendation made by the Victorian
Inspectorate under this Act; or
(d) a report, including a progress report, on an
investigation conducted under this Act.
571188B.I-25/10/2011 29 BILL LA INTRODUCTION 25/10/2011
Victorian Inspectorate Bill 2011
Part 5--General
s. 41
(2) In this section--
document has the same meaning as in the
Freedom of Information Act 1982;
relevant person or body means--
5 (a) the Victorian Inspectorate;
(b) a Victorian Inspectorate Officer;
(c) the IBAC;
(d) Victoria Police;
(e) the Director of Public Prosecutions;
10 (f) the Australian Federal Police;
(g) the Auditor-General.
41 Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
15 or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
(2) The regulations--
(a) may be of general or specially limited
20 application;
(b) may differ according to differences in time,
place or circumstance;
(c) may leave any matter or thing to be from
time to time determined, applied, dispensed
25 with or regulated by a specified person or
class of persons;
(d) may provide in a specified case or class of
case for the exemption of persons or things
or a class of persons or things from any of
30 the provisions of the regulations, whether
unconditionally or on specified conditions
and either wholly or to the extent specified;
571188B.I-25/10/2011 30 BILL LA INTRODUCTION 25/10/2011
Victorian Inspectorate Bill 2011
Part 5--General
s. 42
(e) may confer powers or impose duties in
connection with the regulations on any
specified person or specified class of
persons;
5 (f) may apply, adopt or incorporate with or
without modification, any matter contained
in any document, code, standard, rule,
specification or method formulated, issued,
prescribed or published by any person--
10 (i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
15 (iii) as formulated, issued, prescribed or
published from time to time;
(g) may impose a penalty not exceeding
20 penalty units for a contravention of the
regulations.
20 42 Regulations--specific matters
Without limiting the generality of section 41, the
regulations may prescribe--
(a) security checks for Victorian Inspectorate
Officers;
25 (b) requirements relating to the issue of identity
cards to Victorian Inspectorate Officers and
the use of the identity cards;
(c) requirements for the disclosure and reporting
of pecuniary interests by Victorian
30 Inspectorate Officers, including providing
for the manner of disclosure (whether by
statutory declaration or otherwise) and the
compilation, maintenance and publication of
registers of pecuniary interests;
571188B.I-25/10/2011 31 BILL LA INTRODUCTION 25/10/2011
Victorian Inspectorate Bill 2011
Part 5--General
s. 43
(d) the information to be included by the
Victorian Inspectorate in its annual report.
Division 2--Amendments to other Acts
43 Amendment of the Independent Broad-based Anti-
5 corruption Commission Act 2011
After section 5 of the Independent Broad-based
Anti-corruption Commission Act 2011 insert--
"5A Application of Act
This Act does not apply to the Victorian
10 Inspectorate or any Victorian Inspectorate
Officer within the meaning of the Victorian
Inspectorate Act 2011.".
44 Amendment of the Parliamentary Committees
Act 2003
15 (1) In section 3 of the Parliamentary Committees
Act 2003 insert the following definitions--
"Inspector has the same meaning as it has in
section 3 of the Victorian Inspectorate Act
2011;
20 Victorian Inspectorate means the Victorian
Inspectorate established under the Victorian
Inspectorate Act 2011;".
(2) In section 12A of the Parliamentary Committees
Act 2003--
25 (a) for "2011." substitute "2011;";
(b) after paragraph (e) insert--
"(f) to monitor and review the performance
of the duties and functions of the
Victorian Inspectorate;
30 (g) to report to both Houses of the
Parliament on any matter connected
with the performance of the duties and
571188B.I-25/10/2011 32 BILL LA INTRODUCTION 25/10/2011
Victorian Inspectorate Bill 2011
Part 5--General
s. 44
functions of the Victorian Inspectorate
that require the attention of the
Parliament;
(h) to examine any reports made by the
5 Victorian Inspectorate;
(i) to consider any proposed appointment
of an Inspector and to exercise a power
of veto in accordance with the
Victorian Inspectorate Act 2011.".
10 (3) At the end of section 12A of the Parliamentary
Committees Act 2003 insert--
"(2) Despite anything to the contrary in
subsection (1), the IBAC Committee
cannot--
15 (a) investigate a matter relating to
particular conduct the subject of any
report made by the Victorian
Inspectorate;
(b) review any decision to investigate, not
20 to investigate, or to discontinue the
investigation of a particular complaint
made to the Victorian Inspectorate in
accordance with the Victorian
Inspectorate Act 2011;
25 (c) review any findings, recommendations,
determinations or other decisions of the
Victorian Inspectorate in relation to a
particular complaint made to, or
investigation conducted by, the
30 Victorian Inspectorate in accordance
with the Victorian Inspectorate Act
2011;
(d) disclose any information relating to the
performance of a function or exercise
35 of a power by the Victorian
Inspectorate which may--
571188B.I-25/10/2011 33 BILL LA INTRODUCTION 25/10/2011
Victorian Inspectorate Bill 2011
Part 5--General
s. 45
(i) prejudice any criminal
investigation or criminal
proceedings; or
(ii) prejudice an investigation being
5 conducted by the IBAC; or
(iii) contravene any secrecy or
confidentiality provision in any
relevant Act.".
45 Amendment of the Juries Act 2000
10 In Schedule 2 to the Juries Act 2000, after
clause 1(ld) insert--
"(le) the Inspector of the Victorian Inspectorate
within the meaning of the Victorian
Inspectorate Act 2011;".
15 (lf) any other Victorian Inspectorate Officer
within the meaning of the Victorian
Inspectorate Act 2011;".
46 Amendment of the Ombudsman Act 1973
After section 13(3)(db) of the Ombudsman Act
20 1973 insert--
"(dc) by the Inspector within the meaning of the
Victorian Inspectorate Act 2011;
(dd) by any other Victorian Inspectorate Officer
within the meaning of the Victorian
25 Inspectorate Act 2011;".
47 Amendment of Public Administration Act 2004
(1) After section 6(1)(j) of the Public
Administration Act 2004 insert--
"(ja) the Victorian Inspectorate within the
30 meaning of the Victorian Inspectorate Act
2011;".
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Victorian Inspectorate Bill 2011
Part 5--General
s. 48
(2) After section 16(1)(f) of the Public
Administration Act 2004 insert--
"(fa) the Inspector in relation to the Victorian
Inspectorate within the meaning of the
5 Victorian Inspectorate Act 2011;".
(3) In section 52(1)(c) of the Public Administration
Act 2004 after "2011" insert "or the Victorian
Inspectorate within the meaning of the Victorian
Inspectorate Act 2011".
10 48 Amendment of the Whistleblowers Protection
Act 2001
(1) In section 4(1) of the Whistleblowers Protection
Act 2001--
(a) for "2011." substitute "2011;";
15 (b) after paragraph (c) insert--
"(d) the Victorian Inspectorate within the
meaning of the Victorian Inspectorate
Act 2011.".
(2) After section 4(2)(ic) of the Whistleblowers
20 Protection Act 2001 insert--
"(id) a Victorian Inspectorate Officer within the
meaning of the Victorian Inspectorate Act
2011;".
49 Repeal of amending provisions
25 This Division is repealed on 1 July 2013.
Note
The repeal of these provisions does not affect the continuing
operation of the amendments made by those provisions (see
section 15(1) of the Interpretation of Legislation Act 1984).
571188B.I-25/10/2011 35 BILL LA INTRODUCTION 25/10/2011
Victorian Inspectorate Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571188B.I-25/10/2011 36 BILL LA INTRODUCTION 25/10/2011
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