Victorian Numbered Acts

INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT (PUBLIC INTEREST DISCLOSURES, OVERSIGHT AND INDEPENDENCE) ACT 2019 (NO. 2 OF 2019) - SECT 21

For section 38 of the Principal Act substitute —

        "     38     Disclosures to which this Part applies

    (1)     This Part applies to the following disclosures—

        (a)     a public interest disclosure made in accordance with Division 2 of Part 2;

        (b)     a misdirected disclosure;

        (c)     a complaint by a police officer or a protective services officer about the conduct of another police officer or protective services officer made in accordance with section 167(3) of the  Victoria Police Act 2013 ;

        (d)     an external disclosure made in accordance with section 38A.

    (2)     A reference in this Part (other than a reference in this section or section 38A) to a public interest disclosure is taken to be a reference to a disclosure to which this Part applies.

    (3)     This Part applies to a public interest disclosure made in accordance with Division 2 of Part 2 or a misdirected disclosure from the time the disclosure is made—

        (a)     whether or not the entity to which the disclosure was made has notified the disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee; and

        (b)     whether or not the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee has determined that the disclosure is a public interest complaint.

    (4)     This Part applies to a complaint referred to in subsection (1)(c) from the time the complaint is made—

        (a)     whether or not the complaint is investigated by the Chief Commissioner of Police; and

        (b)     whether or not the Chief Commissioner of Police has notified the complaint to the IBAC under section 22; and

        (c)     whether or not the IBAC has determined that the complaint is a public interest complaint.

    (5)     Any further information relating to a public interest disclosure provided by the person who made the disclosure is to be treated as if it were a public interest disclosure.

    (6)     Subsection (5) applies only to further information provided, whether orally or in writing, to—

        (a)     in the case of a public interest disclosure made in accordance with Division 2 of Part 2—the entity to which the disclosure was made; or

        (b)     the IBAC; or

        (c)     the Victorian Inspectorate; or

        (d)     the Integrity and Oversight Committee; or

        (e)     an investigating entity that is investigating the disclosure; or

        (f)     a person engaged by the Integrity and Oversight Committee under Part 4A to investigate a public interest disclosure.

        38A     External disclosures

    (1)     An external disclosure is a public interest disclosure made to a person or body who is not an entity to whom a public interest disclosure may be made under Division 2 of Part 2.

    (2)     Subject to subsection (3), an external disclosure is made in accordance with this section if—

        (a)     the person making the external disclosure has previously made a public interest disclosure in accordance with Division 2 of Part 2 (the original disclosure ) and the original disclosure was not made anonymously; and

        (b)     the original disclosure was determined under Division 2 of Part 3 to be a public interest complaint and the person has been notified of that determination; and

        (c)     the subject matter of the external disclosure is substantially the same as the subject matter of the original disclosure; and

        (d)     either subsection (3) or (4) applies.

    (3)     This subsection applies if—

        (a)     the person has not been notified by the investigating entity about any action taken in relation to the original disclosure within 6 months after being notified that the original disclosure has been determined to be a public interest complaint; and

        (b)     the person has requested advice on the progress of the public interest complaint from the investigating entity and has not received a response within 30 days after that request.

    (4)     This subsection applies if—

        (a)     an investigation of the public interest complaint has not been completed within 12 months after the person was notified that the original disclosure has been determined to be a public interest complaint; and

        (b)     the person has requested advice on the progress of the public interest complaint from the investigating entity; and

        (c)     either—

              (i)     the person has not received a response within 30 days after the request; or

              (ii)     the person received a response within 30 days after the request advising that the investigation is still ongoing but has not been advised that the investigation has been completed within 6 months after that response.

    (5)     An external disclosure is not a disclosure made in accordance with this section if it contains information that—

        (a)     may prejudice a criminal investigation, criminal proceeding or other legal proceeding of which the person making the external disclosure is aware; or

        (b)     is likely to lead to the disclosure of any investigative method used by the IBAC or members of Victoria Police personnel.

Note

Despite being taken to be a public interest disclosure for the purposes of this Part, the confidentiality provisions of Part 7 do not apply to an external disclosure made in accordance with this section.".