Victorian Current Acts

PUBLIC INTEREST DISCLOSURES ACT 2012

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of improper conduct  
   5.      Meaning of police complaint disclosure  
   6.      Definitions of public body, public officer and public sector  
   7.      Other protections preserved  
   8.      Act binds the Crown  

   PART 2--PUBLIC INTEREST DISCLOSURES

           Division 1--General

   9.      Public interest disclosure  
   10.     Not necessary to identify person or body to whom public interest disclosure relates  
   11.     Complaints, notifications and disclosures under other Acts may be public interest disclosures  

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

   12.     How a public interest disclosure may be made  
   12A.    Public interest disclosure may be made anonymously  
   13.     Persons or bodies to which public interest disclosures may be made  
   14.     Persons or bodies to which certain public interest disclosures must be made  
   15.     Disclosures by employees, etc. of public service body or public officer  
   16.     Public interest disclosures relating to Councils  
   17.     Public interest disclosures relating to members of Parliament, Ministers or Parliamentary Secretaries  
   18.     Misdirected disclosures  

           Division 3--Disclosures that are not public interest disclosures

   19.     Person making disclosure may state that disclosure is not a public interest disclosure  
   20.     Disclosure made in performance of functions or duties  

   PART 3--NOTIFICATION AND ASSESSMENT OF PUBLIC INTEREST DISCLOSURES

           Division 1--Notification

   21.     Notification of disclosure to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee  
   22.     Chief Commissioner of Police must notify police complaint disclosure to the IBAC  
   23.     Provision of other information in respect of notified disclosure  
   24.     Advice to person making disclosure  

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

   26.     Assessment of public interest disclosure and determination by the IBAC  
   26A.    Further assessment of disclosure determined not to be public interest complaint  
   27.     Advice to notifying entity  
   28.     Disclosure determined to be a public interest complaint—advice to person who made disclosure  
   29.     Disclosure determined not to be a public interest complaint—advice to person who made disclosure  
   30.     Advice regarding alternative procedures for dealing with disclosure  
   31.     Assessment of disclosure and determination by Integrity Oversight Victoria  
   31A.    Further assessment of disclosure determined not to be public interest complaint  
   31B.    Assessment of disclosure and determination by the Integrity and Oversight Committee  

   PART 4--DISCLOSURES DETERMINED TO BE PUBLIC INTEREST COMPLAINTS

   32.     Disclosure determined by the IBAC to be a public interest complaint  
   33.     Disclosure determined by Integrity Oversight Victoria to be a public interest complaint  
   33A.    Disclosure determined by the Integrity and Oversight Committee to be a public interest complaint  

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

   33B.    Public interest complaint relating to the Chief Integrity Inspector  
   33C.    Action by the Integrity and Oversight Committee on receipt of recommendation by the Minister  
   33D.    Public interest complaint relating to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer  
   33E.    Integrity and Oversight Committee may decline to engage independent investigator to investigate public interest complaint  
   33F.    Further information provided to investigator  

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

   34.     Related disclosures  
   35.     Related disclosure made by person who made public interest complaint  
   36.     Related disclosure made by other person  
   37.     Related disclosure notified to an appropriate entity  
   37A.    Investigation of related disclosure referred to investigating entity by an appropriate entity  

   PART 6--PROTECTION OF PERSON MAKING PUBLIC INTEREST DISCLOSURE

   38.     Disclosures to which this Part applies  
   38A.    External disclosures  
   39.     Immunity from liability  
   40.     Confidentiality provisions do not apply  
   41.     Protection from defamation action  
   42.     Liability for own conduct  
   43.     Detrimental action in reprisal for public interest disclosure  
   44.     Management action not prevented  
   45.     Protection from reprisal  
   46.     Order for damages or reinstatement  
   47.     Proceedings for damages for reprisal  
   48.     Vicarious liability of public body  
   49.     Injunction or order  
   50.     Application for injunction or order  
   51.     Transfer of employee  

   PART 7--CONFIDENTIALITY OF DISCLOSURES

   52.     Content of assessable disclosure must not be disclosed  
   53.     Identity of person making assessable disclosure must not be disclosed  
   54.     Circumstances in which information may be disclosed  

   PART 8--FUNCTIONS AND POWERS OF THE IBAC, INTEGRITY OVERSIGHT VICTORIA AND THE INTEGRITY AND OVERSIGHT COMMITTEE

   55.     Functions and powers of the IBAC  
   56.     Functions and powers of Integrity Oversight Victoria  
   56A.    Functions and powers of the Integrity and Oversight Committee  

   PART 9--GUIDELINES, PROCEDURES AND EDUCATION

           Division 1--Guidelines and procedures

   57.     Guidelines  
   58.     Procedures—entities required to establish procedures  
   59.     Procedures—requirements  
   60.     Review of procedures  
   61.     Recommendation following review by the IBAC  
   62.     Review of procedures established by the IBAC, the Judicial Commission and the Ombudsman  
   63.     Recommendation following review by Integrity Oversight Victoria  

           Division 2--Guidelines and proceduresrelating to the Presiding Officers

   64.     Guidelines  
   65.     Presiding Officer may establish procedures  

           Division 3--Advisory role

   66.     The IBAC may give advice to the public sector  

   PART 10--REPORTS

   67.     Annual report by the IBAC  
   68.     Annual report by Integrity Oversight Victoria  
   69.     Annual report by other investigating entities  
   70.     Annual report by public bodies that are not investigating entities  
   71.     Information likely to lead to identification of person who has made assessable disclosure  
   71A.    Report by person engaged by the Integrity and Oversight Committee to investigate public interest complaint  

   PART 11--GENERAL

           Division 1--Offences and proceedings

   72.     Offence to make false disclosure or provide false further information  
   73.     Offence to falsely claim disclosure is a public interest disclosure or is a public interest complaint  
   75.     Power to bring proceedings  

           Division 2--Miscellaneous

   76.     Protection of public officers  
   77.     Immunity of the IBAC and Integrity Oversight Victoria and officers  
   78.     Exemption from Freedom of Information Act 1982  
   79.     Regulations  

   PART 12--TRANSITIONAL AND SAVINGS PROVISIONS

   81.     Offence to reveal confidential information obtained or received under the Whistleblowers Protection Act 2001  
   82.     Transitional and savings provisions  
   83.     Transitional provisions—Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES