Victorian Current Acts Victorian Current Acts(1) The independent performance auditor may make a report of a performance audit conducted under section 90D.
(2) A report under subsection (1)—
(a) may include any information and recommendations the independent performance auditor considers relevant; and
(b) must set out the reasons for opinions expressed in the report.
(3) The independent performance auditor must not make a report under subsection (1) unless—
(a) at least 20 business days before making the report, the independent performance auditor gives the Victorian Inspectorate a copy of the proposed report or a summary of findings and proposed recommendations; and
(b) the independent performance auditor asks the Victorian Inspectorate in writing for comment before a specified date, being at least 10 business days after the material referred to in paragraph (a) is given to the Victorian Inspectorate; and
(c) the independent performance auditor includes in the report any comments made before the specified date, or a summary of those comments, in a form agreed between the independent performance auditor and the Victorian Inspectorate.
(4) The independent performance auditor must, within 7 sitting days of making the report, transmit the report to each House of the Parliament.
(5) The independent performance auditor must not include in a report under subsection (1)—
(a) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or
(b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence.
(6) The independent performance auditor must not include in a report under subsection (1)—
(a) information that the independent performance auditor considers would prejudice any criminal proceedings or criminal investigations, or any investigations by the IBAC or by the Victorian Inspectorate or an investigation under the Judicial Commission of Victoria Act 2016 ; or
(b) information that discloses the identity of a person to whom, or in respect of whom, a direction has been given under—
(i) Division 1 of Part 9 of the Independent Broad-based Anti‑corruption Commission Act 2011 ; or
(ii) Part 5 of the Victoria Police Act 2013 ; or
(c) any information that—
(i) is likely to lead to the identification of a person who has made an assessable disclosure; and
(ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies; or
(d) information that 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
(e) information that a particular investigation has been, is being or is to be, conducted.
(7) If the independent performance auditor intends to include in a report under subsection (1) a comment or an opinion that is adverse to any person who is to be named in the report and who is employed under Part 3 of the Public Administration Act 2004 pursuant to section 28(1) or engaged under section 28(2) or 29, the Victorian Inspectorate must, after receiving a copy of the proposed report or the relevant part of the proposed report, give the person a reasonable opportunity to respond to the Victorian Inspectorate in relation to the adverse material.
S. 91 amended by Nos 19/2012 s. 17, 82/2012 ss 59, 219, 281, 320(c), 85/2012 s. 122.