Victorian Numbered Acts

INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT (PUBLIC INTEREST DISCLOSURES, OVERSIGHT AND INDEPENDENCE) ACT 2019 (NO. 2 OF 2019) - SECT 119

    (1)     In section 117(1) of the Independent Broad-based Anti-corruption Commission Act 2011 —

        (a)     in paragraph (c), for "wellbeing." substitute "wellbeing; and";

        (b)     after paragraph (c) insert —

    "(d)     the conduct that is the subject of the investigation may constitute—

              (i)     serious corrupt conduct; or

              (ii)     systemic corrupt conduct; or

              (iii)     serious police personnel misconduct; or

              (iv)     systemic police personnel misconduct.".

    (2)     After section 117(3) of the Independent Broad-based Anti-corruption Commission Act 2011 insert —

    "(3A)     If the IBAC holds an examination in public, the IBAC may hold any part of the examination in private—

        (a)     on application by—

              (i)     a person attending the examination in accordance with a witness summons; or

              (ii)     a person authorised by the IBAC under section 119A to appear at the public examination; or

        (b)     on its own motion.

    (3B)     In deciding whether or not to hold part of the examination in private, the IBAC may have regard to—

        (a)     whether it is in the public interest to keep that part of the examination open to the public; and

        (b)     whether holding the examination in private is necessary to prevent unreasonable damage to a person's reputation, safety or wellbeing.".

    (3)     For section 117(4) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute —

    "(4)     For the purposes of subsection (1)(b) and (3B)(a), the factors the IBAC may take into account in determining whether or not it is in the public interest to hold a public examination or part of an examination open to the public (as applicable) include, but are not limited to—

        (a)     in the case of an investigation of conduct that may constitute serious corrupt conduct or serious police personnel misconduct—whether the conduct relates to an individual or is an isolated incident or systemic in nature; and

        (b)     in the case of an investigation of conduct that may constitute systemic corrupt conduct or systemic police personnel misconduct—the seriousness of the matter being investigated; and

        (c)     the benefit of exposing to the public, and making the public aware of, corrupt conduct or police personnel misconduct.".

    (4)     In section 117(5) of the Independent Broad-based Anti-corruption Commission Act 2011 , for "7 days" substitute "10 business days".

    (5)     After section 117(5) of the Independent Broad-based Anti-corruption Commission Act 2011 insert —

    "(5A)     The IBAC must not make a public announcement of its intention to hold a public examination for the purposes of an investigation unless the IBAC has notified the Victorian Inspectorate in accordance with subsection (5) of its intention to do so.".