Victorian Current Acts Victorian Current Acts(1) Subject to subsection (3), the Victorian Inspectorate may provide a complainant with information about the results of an investigation or inquiry including—
(a) any action taken by the Victorian Inspectorate; and
S. 88(1)(b) amended by Nos 2/2019 s. 70(1), 50/2021 s. 123(1), 31/2023 s. 38(1).
(b) any recommendation by the Victorian Inspectorate under section 79(1) or (3), 81, 83, 85 or 85E that any action or further action be taken by a person or body referred to in that section.
S. 88(2) amended by No. 2/2019 s. 70(2).
(2) Subject to subsection (3), the Victorian Inspectorate must provide a complainant with the information referred to in subsection (1) if the investigation or inquiry relates to a public interest complaint.
(3) The Victorian Inspectorate must not provide any information under this section if the Victorian Inspectorate considers that the provision of the information 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
S. 88(3)(d) amended by No. 37/2014 s. 10(Sch. item 179.7).
(d) prejudice an investigation under this Act or an investigation by the IBAC or Victoria Police; or
S. 88(3)(e) amended by No. 12/2019 s. 17.
(e) prejudice an audit or assurance review by the Auditor-General; or
(f) prejudice an examination by the Chief Examiner or an Examiner; or
(g) prejudice an investigation by Victoria Police of an organised crime offence within the meaning of the Major Crime (Investigative Powers) Act 2004 ; or
(h) be likely to lead to the disclosure of protected information within the meaning of section 12A(5) of the Major Crime (Investigative Powers) Act 2004 ; or
(i) prejudice an investigation by the Ombudsman; or
S. 88(3)(ia) inserted by No. 20/2017 s. 124.
(ia) prejudice an investigation by the Office of the Victorian Information Commissioner; or
S. 88(3)(ib) inserted by No. 50/2021 s. 123(2), repealed by No. 31/2023 s. 38(2).
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S. 88(3)(j) amended by No. 37/2014 s. 10(Sch. item 179.7).
(j) be likely to lead to the disclosure of any secret investigative method used by the Victorian Inspectorate, the IBAC or Victoria Police; or
(k) otherwise contravene any applicable statutory secrecy obligations or which would involve the unreasonable disclosure of information relating to the personal affairs of any person.
S. 88(4) inserted by No. 2/2019 s. 70(3).
(4) Where an investigation relates to a public interest complaint about the conduct of a Public Interest Monitor, the Victorian Inspectorate must not provide a complainant with any information that—
(a) discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or
(b) indicates that a particular investigation has been, is being, or is to be conducted; or
(c) would compromise the operational activities or methodologies of Victoria Police or of any approved authority within the meaning of section 3(1) of the Witness Protection Act 1991 ; or
(d) would prejudice any criminal proceedings or criminal investigations or an investigation by the IBAC, of which the Victorian Inspectorate is aware; or
(e) is likely to lead to the identification of a person who made an assessable disclosure and that is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies; or
(f) identifies, or is likely to identify, any person who is being, or has been examined under the Major Crime (Investigative Powers) Act 2004 or the nature of any ongoing investigation of an organised crime offence within the meaning of that Act; or
(g) would disclose information about the identity or location, or compromise the security, of a person who is or has been included in the Victorian witness protection program, within the meaning of the Witness Protection Act 1991 , or to whom alternative protection arrangements, within the meaning of that Act, are being or have been provided.
S. 89 amended by Nos 19/2012 s. 16, 28/2012 s. 33, 82/2012 ss 57, 218, 280.