Victorian Current Acts Victorian Current Acts(1) The Victorian Inspectorate in its annual report for a financial year under Part 7 of the Financial Management Act 1994 must include—
(a) the prescribed information relating to the performance of its duties and functions;
(b) a description of its activities in relation to the performance of its duties and functions;
S. 91(1)(ba) inserted by No. 2/2019 s. 187(1).
(ba) an account of the implementation of the annual plan prepared by the Victorian Inspectorate under section 90B;
(c) details of the IBAC's compliance with this Act and the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 91(1)(d) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 12).
(d) details of the compliance by the IBAC with the Public Interest Disclosures Act 2012 during the financial year;
(e) details of the comprehensiveness and adequacy of reports made to the Victorian Inspectorate by the IBAC under this Act;
(f) details of the extent to which action recommended by the Victorian Inspectorate to be taken by the IBAC has been taken;
(g) details of the results of the Victorian Inspectorate's monitoring of—
(i) the exercise of coercive powers by VAGO officers; and
S. 91(1)(g)(ii) amended by No. 12/2019 s. 18(1).
(ii) compliance by VAGO officers with sections 30, 31, 32, 33, 34, 35, 36, 37, 39, 43, 44, 45, 46, 50 and 51 of the Audit Act 1994 ;
(h) details of the comprehensiveness and adequacy of reports made to the Victorian Inspectorate by the Auditor-General under this Act;
(i) details of the extent to which action recommended by the Victorian Inspectorate to be taken by the Auditor-General has been taken;
(j) details of the results of the Victorian Inspectorate's monitoring of—
(i) the exercise of coercive powers by Ombudsman officers; and
(ii) compliance by Ombudsman officers with procedural fairness requirements in the performance of functions under the Ombudsman Act 1973 or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the Ombudsman Act 1973 or any other Act;
(k) details of the comprehensiveness and adequacy of reports made to the Victorian Inspectorate by the Ombudsman under this Act;
(l) details of the extent to which action recommended by the Victorian Inspectorate to be taken by the Ombudsman has been taken;
(m) details of the compliance with this Act by the Chief Examiner or an Examiner;
(n) details of the comprehensiveness and adequacy of reports made to the Victorian Inspectorate by the Chief Examiner under this Act;
(o) details of the extent to which action recommended by the Victorian Inspectorate to be taken by the Chief Examiner has been taken;
S. 91(1)(oa) inserted by No. 16/2016 s. 184(1).
(oa) details of the extent to which recommendations by the Victorian Inspectorate have been implemented by the Judicial Commission;
S. 91(1)(p) amended by No. 20/2017 s. 126(1).
(p) a statement of the results of inspections by the Victorian Inspectorate of the relevant records of Public Interest Monitors;
S. 91(1)(q) inserted by No. 20/2017 s. 126(2).
(q) details of the results of the Victorian Inspectorate's monitoring of—
(i) the exercise of coercive powers by officers of the Office of the Victorian Information Commissioner; and
S. 91(1)(q)(ii) substituted by No. 2/2019 s. 141.
(ii) compliance with procedural fairness requirements by officers of the Office of the Victorian Information Commissioner in—
(A) the exercise, or purported exercise, of coercive powers under the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014 ; and
(B) the conduct of investigations under Part VIB of the Freedom of Information Act 1982 ; and
(C) the making of recommendations under section 61L of the Freedom of Information Act 1982 ; and
(D) the making of investigation reports under section 61Q of the Freedom of Information Act 1982 ; and
(E) the making of compliance notices under Part 3 of the Privacy and Data Protection Act 2014 ;
S. 91(1)(q)(iii) repealed by No. 2/2019 s. 141.
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S. 91(1)(r) inserted by No. 20/2017 s. 126(2).
(r) details of the comprehensiveness and adequacy of reports made to the Victorian Inspectorate by the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner;
S. 91(1)(s) inserted by No. 20/2017 s. 126(2), amended by No. 21/2020 s. 97(1).
(s) details of the extent to which action recommended by the Victorian Inspectorate to be taken by the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner has been taken;
S. 91(1)(t) inserted by No. 21/2020 s. 97(2).
(t) details of the results of the Victorian Inspectorate's monitoring of the exercise of coercive powers by the Wage Inspectorate Victoria or Wage Inspectorate Victoria officers;
S. 91(1)(u) inserted by No. 21/2020 s. 97(2).
(u) details of the comprehensiveness and adequacy of reports made to the Victorian Inspectorate by the Wage Inspectorate Victoria under this Act;
S. 91(1)(v) inserted by No. 21/2020 s. 97(2), amended by Nos 50/2021 s. 125(1)(a), 31/2023 s. 40(a).
(v) details of the extent to which action recommended by the Victorian Inspectorate to be taken by the Wage Inspectorate Victoria has been taken.
S. 91(1)(w) inserted by No. 50/2021 s. 125(1)(b), repealed by No. 31/2023 s. 40(1)(b).
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(2) If the Victorian Inspectorate intends to include in its annual report adverse findings about a public body, the Victorian Inspectorate must give the relevant principal officer of that public body an opportunity to respond to the adverse material and fairly set out each element of the response in its report.
(3) If the Victorian Inspectorate intends to include in its annual report a comment or an opinion which is adverse to any person, the Victorian Inspectorate must first provide the person a reasonable opportunity to respond to the adverse material and fairly set out each element of the response in its report.
(4) If the Victorian Inspectorate intends to include in its annual report a comment or an opinion about any person which is not adverse to the person, the Victorian Inspectorate must first provide that person with the relevant material in relation to which the Victorian Inspectorate intends to name the person.
(5) If the Victorian Inspectorate is aware of a criminal investigation or criminal proceedings in relation to a matter or person to be included in its annual report the Victorian Inspectorate must not include in the annual report any information which would prejudice the criminal investigation or criminal proceedings.
(6) If the Victorian Inspectorate is aware of an IBAC investigation in relation to a matter or person to be included in its annual report the Victorian Inspectorate must not include in the annual report any information which would prejudice the IBAC investigation.
S. 91(7) amended by No. 12/2019 s. 18(2).
(7) If the Victorian Inspectorate is aware of an audit or assurance review that is being or has been conducted by the Auditor-General in relation to a matter or person to be included in its annual report, the Victorian Inspectorate must not include in the annual report any information which would prejudice the audit or assurance review.
(8) If the Victorian Inspectorate is aware of an investigation that is being or has been conducted by the Ombudsman in relation to a matter or person to be included in its annual report, the Victorian Inspectorate must not include in the annual report any information which would prejudice the investigation.
(9) If the Victorian Inspectorate is aware of an investigation that is being or has been conducted by the Chief Examiner or an Examiner in relation to a matter or person to be included in its annual report, the Victorian Inspectorate must not include in the annual report any information which would—
(a) prejudice the investigation; or
(b) identify, or be likely to identify, any person who is being, or has been, examined under the Major Crime (Investigative Powers) Act 2004 ; or
(c) identify the nature of any ongoing investigation of an organised crime offence within the meaning of the Major Crime (Investigative Powers) Act 2004 .
S. 91(9A) inserted by No. 16/2016 s. 184(2).
(9A) If the Victorian Inspectorate is aware of an investigation that is being or has been conducted under the Judicial Commission of Victoria Act 2016 in relation to a matter or person to be included in its annual report, the Victorian Inspectorate must not include in the annual report any information which would prejudice the investigation.
S. 91(9B) inserted by No. 50/2021 s. 125(2), repealed by No. 31/2023 s. 40(2).
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(10) The Victorian Inspectorate must not include in its annual report a statement as to—
(a) a finding or opinion that a specified person is guilty of or has committed, is committing or is about to commit, any criminal offence or disciplinary offence; or
(b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence or disciplinary offence.
(11) The Victorian Inspectorate must not include in its annual report any information that would identify any person who is not the subject of any adverse comment or opinion unless the Victorian Inspectorate—
(a) is satisfied that it is necessary or desirable to do so in the public interest; and
(b) is satisfied that it will not cause unreasonable damage to a person's reputation, safety or wellbeing; and
(c) states in the report that the person is not the subject of any adverse comment or opinion.
(12) The Victorian Inspectorate must not include in its annual report any information that—
(a) 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 ;
S. 91(12)(a)(ii) substituted by No. 37/2014 s. 10(Sch. item 179.8).
(ii) Part 5 of the Victoria Police Act 2013 ; or
(b) is likely to lead to the identification of a person who has made an assessable disclosure.
S. 91(13) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 13).
(13) However, the Victorian Inspectorate may in an annual report include information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.
(14) Subject to subsection (15), if as a result of the inspection of the relevant records of Public Interest Monitors, the Victorian Inspectorate is of the opinion that there has been a contravention of the prescribed obligations, the Victorian Inspectorate may include in the annual report a report on the contravention.
(15) A report for the purposes of subsection (14) must not contain 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 within the meaning of section 19(5) of the Public Interest Monitor Act 2011 ; or
(b) indicates that a particular investigation has been, is being, or is to be, conducted.
(16) For the purposes of subsection (15), "investigation", law enforcement agency and relevant application have the meaning given by section 13(12).
S. 91(17) inserted by No. 34/2016 s. 39.
(17) A report for the purposes of subsection (14) that relates to the functions of the Public Interest Monitor under the Witness Protection Act 1991 must not include any information that would—
(a) prejudice a criminal investigation, criminal proceeding or other legal proceeding of which the Victorian Inspectorate is aware; or
(b) compromise the operational activities or methodologies of Victoria Police or of any authority or body referred to in the definition of approved authority in section 3(1) of the Witness Protection Act 1991 ; or
(c) disclose information about the identity or location, or compromise the security, of a person—
(i) who is or has been included in the Victorian witness protection program, within the meaning of the Witness Protection Act 1991 ; or
(ii) to whom alternative protection arrangements, within the meaning of the Witness Protection Act 1991 , are being or have been provided.
S. 91(18) inserted by No. 2/2019 s. 187(2).
(18) As soon as practicable after the end of each financial year, the Victorian Inspectorate must cause the annual report for that financial year to be transmitted to each House of Parliament.
Note to s. 91 amended by No. 2/2019 s. 72(Sch. 1 Pt B item 14).
Note
See also section 68 of the Public Interest Disclosures Act 2012 for additional matters that are to be included in the Victorian Inspectorate's annual report.
Pt 7 Div. 3 (Heading) inserted by No. 2/2019 s. 186.
Division 3—Miscellaneous
S. 92 inserted by No. 19/2012 s. 18.