Victorian Current Acts Victorian Current Acts(1) A person or body may, in any of the circumstances set out in subsection (2), disclose—
(a) the content, or information about the content, of an assessable disclosure; or
(b) information likely to lead to the identification of a person who has made an assessable disclosure.
(2) For the purposes of subsection (1) information may be disclosed in the following circumstances—
(a) where necessary for the purpose of the exercise of functions under this Act;
S. 54(2)(b) amended by Nos 37/2014 s. 10(Sch. item 134.6(a)), 16/2016 s. 173(1), substituted by No. 2/2019 s. 32(1)(a).
(b) by an investigating entity, or an officer of an investigating entity, where necessary for the purpose of the exercise of functions under the Act, or part of the Act, under which the investigating entity, or the officer of the investigating entity, is authorised to investigate a public interest complaint;
S. 54(2)(ba) inserted by No. 2/2019 s. 32(1)(a).
(ba) to Victoria Police where an investigating entity has previously disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct and the information is relevant to an investigation by Victoria Police of the criminal conduct;
S. 54(2)(c) substituted by No. 31/2024 s. 65(a).
(c) for the purpose of a proceeding for an offence against a relevant Act;
S. 54(2)(d) substituted by No. 31/2024 s. 65(a).
(d) for the purpose of a disciplinary process or action instituted in respect of conduct that could constitute an offence against a relevant Act;
S. 54(2)(da) inserted by No. 3/2019 s. 37(a).
(da) for the purpose of, or in the course of, a restorative engagement process, with the written consent of the person participating in the process who alleges that they are the victim of sex discrimination or sexual harassment;
(e) for the purpose of obtaining legal advice or representation in relation to—
(i) a witness summons, a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice;
(ii) the person's rights, liabilities, obligations and privileges under a relevant Act;
(f) by an Australian legal practitioner to whom an assessable disclosure or information has been disclosed in the circumstances specified in paragraph (e), for the purpose of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with his or her client;
(g) to an interpreter, for the purpose of enabling a person who does not have a sufficient knowledge of the English language to comply with this Part;
(h) to a parent or guardian of a person or to an independent person, for the purpose of enabling a person who is under the age of 18 years to comply with this Part;
S. 54(2)(i) amended by No. 2/2019 s. 32(1)(b).
(i) to an independent person, for the purpose of enabling a person who is illiterate or has a mental or physical impairment that prevents the person from understanding an obligation imposed under this Part to comply with this Part;
S. 54(2)(j) inserted by No. 2/2019 s. 32(1)(c).
(j) to any of the following for the purpose of assisting the person who made the assessable disclosure to seek advice or support in relation to the assessable disclosure—
(i) a registered health practitioner;
S. 54(2)(j)(ii) amended by No. 31/2024 s. 65(b).
(ii) a trade union, within the meaning of section 93AB(11) of the Competition and Consumer Act 2010 of the Commonwealth, of which the person who made the assessable disclosure is a member;
(iii) an employee assistance program;
S. 54(2)(k) inserted by No. 2/2019 s. 32(1)(c).
(k) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim;
S. 54(2)(l) inserted by No. 2/2019 s. 32(1)(c).
(l) to a prescribed service for a purpose prescribed for that service;
S. 54(2)(m) inserted by No. 2/2019 s. 32(1)(c).
(m) for the purpose of an application to the Fair Work Commission, including any related proceeding.
(3) For the purposes of subsection (2)—
S. 54(3) def. of confidentiality notice amended by Nos 82/2012 s. 315(e)(i), 2/2019 s. 32(2)(a), 9/2020 s. 390(Sch. 1 item 84.3), 27/2024 s. 157(1), 31/2024 s. 113(Sch. 1 item 28.32(a)).
"confidentiality notice" means—
(a) a confidentiality notice issued by the IBAC under section 42(1) of the Independent Broad-based Anti-corruption Commission Act 2011 ; or
(b) a confidentiality notice issued by Integrity Oversight Victoria under section 38(1) of the Integrity Oversight Victoria Act 2011 ; or
(c) a confidentiality notice issued by the Ombudsman under section 26C(1) of the Ombudsman Act 1973 ;
(d) a confidentiality notice issued by the Chief Municipal Inspector under section 193 of the Local Government Act 2020 ; or
(e) a confidentiality notice issued by the Racing Integrity Commissioner under section 37T of the Racing Act 1958 ; or
(f) a confidentiality notice issued by the Information Commissioner under section 61TJ of the Freedom of Information Act 1982 ; or
(g) a confidentiality notice issued by the Parliamentary Workplace Standards and Integrity Commission under section 77 of the Parliamentary Workplace Standards and Integrity Act 2024 ;
S. 54(3) def. of Fair Work Commission inserted by No. 2/2019 s. 32(2)(d).
"Fair Work Commission" means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth;
S. 54(3) def. of officer of an investigating entity amended by No. 2/2019 s. 32(2)(b).
"officer of an investigating entity" means a person who is—
(a) carrying out investigative functions in relation to a public interest complaint; and
(b) is authorised to perform those functions by or under the Act under which the public interest complaint is being investigated by the investigating entity;
S. 54(3) def. of registered health practitioner inserted by No. 2/2019 s. 32(2)(d).
"registered health practitioner" means a person registered under the Health Practitioner National Law to practise a health profession (other than as a student);
S. 54(3) def. of relevant Act amended by Nos 37/2014 s. 10(Sch. item 134.6(b)), 16/2016 s. 173(2)(a)(b), 2/2019 s. 32(2)(c), 9/2020 s. 390(Sch. 1 item 84.4), 27/2024 s. 157(2), 31/2024 s. 113(Sch. 1 item 28.32(b)).
"relevant Act" means—
(a) this Act; or
(b) the Independent Broad-based Anti-corruption Commission Act 2011 ; or
(c) the Integrity Oversight Victoria Act 2011 ; or
(d) the Ombudsman Act 1973 ; or
(e) Part 10 of the Victoria Police Act 2013 ; or
(f) the Judicial Commission of Victoria Act 2016 ; or
(g) Part IIIAA of the Constitution Act 1975 ; or
(h) the Local Government Act 2020 ; or
(i) the Racing Act 1958 ; or
(j) the Freedom of Information Act 1982 ; or
(k) the Parliamentary Workplace Standards and Integrity Act 2024 ;
S. 54(3) def. of restorative engagement process inserted by No. 3/2019 s. 37(b).
restorative engagement process has the meaning given in section 174A(1) of the Victoria Police Act 2013 ;
S. 54(3) def. of Victorian WorkCover Authority inserted by No. 2/2019 s. 32(2)(d).
"Victorian WorkCover Authority" has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013 ;
S. 54(3) def. of witness summons amended by Nos 82/2012 s. 315(e)(ii), 16/2016 s. 173 (2)(c)(d), 31/2024 ss 65(c), 113(Sch. 1 item 28.32(c)).
"witness summons" means—
(a) a witness summons issued by the IBAC under section 120(1) of the Independent Broad-based Anti‑corruption Commission Act 2011 ; or
(b) a witness summons issued by Integrity Oversight Victoria under section 53(1) of the Integrity Oversight Victoria Act 2011 ; or
(c) a witness summons issued by the Ombudsman under section 18(1) of the Ombudsman Act 1973 ; or
(d) a requirement to produce a document or thing under section 69 of the Judicial Commission of Victoria Act 2016 ; or
(e) a witness summons issued under
section 70 of the Judicial Commission of Victoria Act 2016 .
Pt. 8 (Heading) amended by Nos 2/2019 s. 33, 31/2024 s. 113(Sch. 1 item 28.33).
Part 8—Functions and powers of the IBAC, Integrity Oversight Victoria and the Integrity and Oversight Committee