Victorian Current Acts

PUBLIC INTEREST DISCLOSURES ACT 2012 - SECT 38

    (1)     This Part applies to the following disclosures—

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

        (b)     a misdirected disclosure;

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

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

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

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

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

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

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

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

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

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

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

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

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

        (b)     the IBAC; or

        (c)     the Victorian Inspectorate; or

        (d)     the Integrity and Oversight Committee; or

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

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

S. 38A inserted by No. 2/2019 s. 21.