Victorian Numbered Acts

INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT (PUBLIC INTEREST DISCLOSURES, OVERSIGHT AND INDEPENDENCE) ACT 2019 (NO. 2 OF 2019) - SECT 42

After section 71 of the Principal Act insert —

        " 71A     Report by person engaged by the Integrity and Oversight Committee to investigate public interest complaint

    (1)     This section applies if an independent person engaged by the Integrity and Oversight Committee under Part 4A to investigate a public interest complaint has completed the investigation.

    (2)     In the case of a public interest complaint that relates to the Inspector, the independent person must report the findings of the investigation to—

        (a)     the Integrity and Oversight Committee; and

        (b)     the responsible Minister.

    (3)     In the case of a public interest complaint that relates to the Victorian Inspectorate or a Victorian Inspectorate Officer, other than the Inspector, the independent person must report the findings of the investigation to—

        (a)     the Integrity and Oversight Committee; and

        (b)     the responsible Minister; and

        (c)     the Inspector.

    (4)     The Integrity and Oversight Committee may cause a report under subsection (2) to be transmitted to each House of Parliament.

    (5)     The Integrity and Oversight Committee must not include in a report transmitted to each House of Parliament—

        (a)     information that the Committee considers would prejudice any criminal proceeding, criminal investigation or investigation by the IBAC, the Ombudsman or the Victorian Inspectorate; or

        (b)     a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit a criminal offence; or

        (c)     a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence; or

        (d)     information that is likely to lead to the identification of a person who has made an assessable disclosure and is not information to which section 53(2)(a) , (c) or (d) applies.

    (6)     In this section—

"Inspector" has the same meaning as in section 3(1) of the Victorian Inspectorate Act 2011 .".