Victorian Numbered Acts Victorian Numbered ActsFor Parts 2 and 3 of the Principal Act substitute —
(1) Subject to subsection (3) and Division 3, a public interest disclosure is a disclosure by a natural person of—
(a) information that shows or tends to show—
(i) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(ii) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(b) information that the person reasonably believes shows or tends to show—
(i) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(ii) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45.
(2) A public interest disclosure may be about conduct that has occurred before the commencement of this section.
(3) A disclosure regarding the conduct of, or actions taken by, any of the following is not a public interest disclosure—
(a) the Office of the Special Investigations Monitor;
(b) the Special Investigations Monitor;
(c) a court;
(d) an investigating panel;
(e) a member of an investigating panel.
A public interest disclosure may be made even if the person making the disclosure cannot identify the person or the body to whom or to which the disclosure relates.
A disclosure may be a public interest disclosure even if it is a complaint, notification or disclosure (however described) made under another Act.
(1) A public interest disclosure to an entity must be made in accordance with the procedures established by the entity under section 58.
(2) A public interest disclosure to an entity may be made to a person permitted to receive a disclosure on behalf of the entity (a permitted person ).
(3) A public interest disclosure may be made orally or in writing.
(4) A public interest disclosure made to an entity in writing must be addressed to the entity or a permitted person and sent (by post or electronically) or delivered to, or left at, the office of the entity or the permitted person.
(5) For the purposes of this Division, a person specified in column 2 of the Table in Schedule 2 is permitted to receive a public interest disclosure on behalf of the entity specified opposite in column 1 of that Table.
(1) Despite any contrary provision in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006 ), a public interest disclosure may be made anonymously.
(2) A provision of this or any other Act requiring an entity to notify, advise or otherwise communicate with a person who has made a public interest disclosure does not apply if the person makes the disclosure anonymously.
(1) Unless required to be made to another entity under section 14 or 17, a public interest disclosure must be made to a person or entity in accordance with this section.
(2) A public interest disclosure may be made to—
(a) the IBAC; or
(b) the Ombudsman; or
(c) the Victorian Inspectorate.
(3) A public interest disclosure may be made to a public service body within the meaning of section (4)(1) of the Public Administration Act 2004 if the disclosure relates to the conduct of the public service body or of a member, officer or employee of the public service body.
(4) Subsection (3) does not apply in relation to a service, program or initiative provided by a prescribed entity.
(5) A public interest disclosure may be made to a public officer prescribed for the purposes of this section if the disclosure relates to an employee of, or any person otherwise engaged by, or acting on behalf of, or acting as a deputy or delegate of that public officer.
Except as provided in section 15, a public interest disclosure must be made—
(a) to the Integrity and Oversight
Committee or a Presiding Officer,
if the disclosure relates to—
(i) the Victorian Inspectorate; or
(ii) a Victorian Inspectorate Officer;
(b) to the Victorian Inspectorate, if the disclosure relates to—
(i) the IBAC; or
(ii) an IBAC Officer; or
(iii) a Public Interest Monitor;
(c) to the IBAC or the Judicial Commission, if the disclosure relates to—
(i) a judicial officer; or
(ii) a member of VCAT who is not a judicial officer;
(d) to the IBAC or to Victoria Police, if the disclosure relates to a member of Victoria Police personnel, other than the Chief Commissioner of Police;
(e) to the IBAC or the Ombudsman, if the disclosure relates to—
(i) a Councillor; or
(ii) the Information Commissioner; or
(iii) the Health Complaints Commissioner appointed under the Health Complaints Act 2016 ;
(f) to the IBAC or the Victorian Inspectorate, if the disclosure relates to—
(i) the Chief Examiner or an Examiner appointed under section 21 of the Major Crime (Investigative Powers) Act 2004 ; or
(ii) an Ombudsman officer; or
(iii) a VAGO officer; or
(iv) a Judicial Commission officer, other than a judicial member of the Board of the Judicial Commission;
(g) to the IBAC, if the disclosure relates to—
(i) the Chief Commissioner of Police; or
(ii) the Director of Public Prosecutions appointed under the Constitution Act 1975 ; or
(iii) the Chief Crown Prosecutor appointed under the Public Prosecutions Act 1994 ; or
(iv) the Solicitor-General appointed under the Attorney-General and Solicitor-General Act 1972 ; or
(v) the Governor appointed under the Constitution Act 1975 ; or
(vi) the Lieutenant-Governor or Administrator appointed under the Constitution Act 1975 ; or
(vii) the Director, Police Integrity, appointed under the Police Integrity Act 2008 ; or
(viii) the Electoral Commissioner appointed under the Electoral Act 2002 ; or
(ix) a commissioner within the meaning of the Inquiries Act 2014 ; or
(x) a member of a Board of Inquiry within the meaning of the Inquiries Act 2014 ; or
(xi) a judicial employee employed under Division 3 of Part 6 of the Public Administration Act 2004 ; or
(xii) a Ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004 ; or
(xiii) a Parliamentary adviser employed under Division 2 of Part 6 of the Public Administration Act 2004 ; or
(xiv) an electorate officer employed under Part 4 of the Parliamentary Administration Act 2005 ; or
(xv) a Parliamentary officer within the meaning of section 4(1) of the Parliamentary Administration Act 2005 .
(1) A public interest disclosure, including a disclosure that otherwise is required to be made to another entity under section 14 or 17(3), may be made in accordance with this section.
(2) A public interest disclosure may be made to a public service body by a member, officer or employee of the public service body.
(3) A public interest disclosure may be made to a public officer prescribed for the purposes of section 13(5) by a member, officer or employee of the public officer.
(4) A public interest disclosure that relates to a member of Parliament may not be made under this section.
(1) A public interest disclosure that relates to the conduct of a Council or of a member, officer or employee of a Council may be made to that Council.
(2) A public interest disclosure may be made to a Council by a person who is a member, officer or employee of the Council unless—
(a) the disclosure is required to be made to another entity under section 14 or 17(3); or
(b) the disclosure relates to a member of Parliament.
(1) A public interest disclosure that relates to a member of the Legislative Assembly (whether in the member's capacity as a member of Parliament or as a Minister of the Crown) must be made to the Speaker of the Legislative Assembly.
(2) A public interest disclosure that relates to a member of the Legislative Council (whether in the member's capacity as a member of Parliament or as a Minister of the Crown) must be made to the President of the Legislative Council.
(3) Except as provided in section 15, a public interest disclosure that relates to a Minister of the Crown who is not a member of Parliament must be made to the IBAC.
(1) A public interest disclosure made to an entity (the receiving entity ) that is not an entity to which the disclosure may or must be made under this Division is a misdirected disclosure if—
(a) the receiving entity is an entity to which a public interest disclosure may be made under this Division; and
(b) the person who made the disclosure honestly believed that the receiving entity was an appropriate entity to which to make the disclosure.
Note
A misdirected disclosure may be notified for assessment under section 21 if the receiving entity considers that the disclosure shows or tends to show either of the matters mentioned in section 21(1)(b)(i) or (ii). Also, the protections under Part 6 apply to a misdirected disclosure. See section 38.
(2) Subsection (1) does not apply to a public interest disclosure that relates to a member of Parliament.
(1) Despite section 9, a disclosure is not a public interest disclosure if the person making the disclosure expressly states in writing that the disclosure is not a public interest disclosure.
Note
Consequently, the disclosure is not required to be notified to, or assessed by, the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee and the protections under Part 6 do not apply to the disclosure.
(2) A written statement referred to in subsection (1) must be given to the entity to which the disclosure is made no later than 28 days after the disclosure is made.
Note
Subsection (2) does not operate to prevent a receiving entity from notifying a disclosure under Division 1 of Part 3 at any time before the expiry of the 28 day period referred to in that subsection if, at the time of the notification, the person has not made a statement under subsection (1).
(1) A disclosure is not a public interest disclosure if the disclosure is made by an officer or employee of an investigating entity in the performance of the officer's or the employee's functions or duties under the Act under which the investigating entity is authorised to investigate public interest complaints.
(2) Subsection (1) does not apply if—
(a) at the time the disclosure is made, the person making the disclosure expressly states in writing that the disclosure is a public interest disclosure; and
(b) the disclosure is otherwise made in accordance with Division 2.
(1) This section applies if—
(a) a public interest disclosure—
(i) is made in accordance with Division 2 of Part 2 to an entity other than to—
(A) the IBAC; or
(B) the Victorian Inspectorate under section 14(b); or
(C) the Integrity and Oversight Committee under section 14(a); or
(ii) is a misdirected disclosure; and
(b) the entity that received the disclosure (the receiving entity ) considers that the disclosure may be a disclosure that—
(i) shows or tends to show—
(A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(ii) the person who made the disclosure believes on reasonable grounds shows or tends to show—
(A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45.
(2) Subject to subsection (3), the receiving entity must, no later than 28 days after the disclosure is made, notify the disclosure to the appropriate entity for assessment under this Part.
(3) If the disclosure is made to the Presiding Officer, the Presiding Officer may notify the disclosure to the appropriate entity for assessment under this Part.
(4) For the purposes of subsections (2) and (3), the appropriate entity to which a public interest disclosure must or may be notified is—
(a) the Integrity and Oversight Committee—if the disclosure relates to the Victorian Inspectorate or a Victorian Inspectorate Officer; or
(b) the Victorian Inspectorate—if the disclosure relates to the IBAC, an IBAC Officer or a Public Interest Monitor; or
(c) the IBAC—if the disclosure relates to any other person or body.
Note
The protections under Part 6 apply to a public interest disclosure whether or not the disclosure is notified to the appropriate entity under this section.
(1) This section applies if—
(a) a police complaint disclosure is made to the Chief Commissioner of Police or referred to the Chief Commissioner under section 168 of the Victoria Police Act 2013 ; and
(b) the Chief Commissioner considers that the disclosure may be a disclosure that—
(i) shows or tends to show—
(A) a police officer or protective services officer has engaged, is engaging or proposes to engage in improper conduct; or
(B) a police officer or protective services officer has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(ii) the person who made the disclosure believes on reasonable grounds shows or tends to show—
(A) a police officer or protective services officer has engaged, is engaging or proposes to engage in improper conduct; or
(B) a police officer or protective services officer has taken, is taking or proposes to take detrimental action against a person in contravention of section 45.
(2) The Chief Commissioner of Police must, no later than 28 days after the police complaint disclosure is made or referred to the Chief Commissioner, notify the disclosure to the IBAC for assessment under this Part.
Note
The protections under Part 6 apply to a police complaint disclosure whether or not the disclosure is notified to the IBAC under this section.
(1) An entity that has notified a public interest disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee (the notified entity ) under section 21 or 22 may provide to the notified entity any information in respect of the disclosure obtained in the course of determining that the disclosure is a disclosure that must be notified.
(2) Information may be provided to the notified entity under subsection (1) at the time of the notification of the public interest disclosure or at any later time.
(1) This section applies if—
(a) a public interest disclosure referred to in section 21(1)(a) is made to an entity other than a Presiding Officer; or
(b) a police complaint disclosure is made or referred to the Chief Commissioner of Police.
(2) If the disclosure is notified under section 21(2) or 22(2), the entity or the Chief Commissioner (the receiving entity ) must advise the person who made the disclosure that the disclosure has been notified to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee (as the case may be) for assessment under this Act.
(3) Subject to subsection (5), if the disclosure is not notified under section 21(2) or 22(2), the receiving entity must advise the person who made the disclosure that—
(a) the receiving entity considers that the disclosure does not show and does not tend to show—
(i) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(ii) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; and
(b) consequently, the disclosure has not been notified for assessment under this Act; but
(c) the protections under Part 6 apply to the disclosure.
(4) Advice given under subsection (2) or (3) must be—
(a) in writing; and
(b) given no later than 28 days after the disclosure is made to the receiving entity.
(5) A receiving entity is not required to advise the person under subsection (3) unless the person has indicated to the receiving entity, or it otherwise appears to the receiving entity, that the person wishes to receive the protections that apply to a public interest disclosure under this Act.
(1) This section applies if a public interest disclosure is made to a Presiding Officer.
(2) If the Presiding Officer notifies the disclosure under section 21(3), the Presiding Officer may advise the person who made the disclosure that the disclosure has been notified to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee (as the case may be) for assessment under this Act.
(3) If the Presiding Officer does not notify the disclosure under section 21(3) , the Presiding Officer may advise the person who made the disclosure that the disclosure has not been notified for assessment under this Act.
(1) If—
(a) a public interest disclosure is made to the IBAC in accordance with Division 2 of Part 2; or
(b) a public interest disclosure is notified to the IBAC under section 21; or
(c) a police complaint disclosure is notified to the IBAC under section 22 ; or
(d) a police complaint disclosure is made to the IBAC—
the IBAC must assess the disclosure to determine whether or not the disclosure is a public interest complaint.
(2) If a disclosure is made or notified to the IBAC in accordance with any other Act, the IBAC may assess the disclosure to determine whether or not the disclosure is a public interest complaint.
(3) Following an assessment under subsection (1) or (2), the IBAC must—
(a) determine that the disclosure is a public interest complaint if the IBAC considers that—
(i) the disclosure shows or tends to show—
(A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(ii) the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show—
(A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(b) determine that the disclosure is not a public interest complaint in any other case.
Note
The protections under Part 6 apply to a public interest disclosure or a police complaint disclosure whether or not the IBAC has determined that the disclosure is a public interest complaint.
(4) A determination under subsection (3) must be made within a reasonable time after the disclosure is made, or notified, to the IBAC.
(5) Despite subsection (3)(a) and subject to subsection (6), the IBAC may determine that a disclosure which has been notified to the IBAC under section 21 or 22 is not a public interest complaint if the IBAC considers that—
(a) it would be more appropriate for the matter which is the subject of the disclosure to be dealt with by the notifying entity or another public body; or
(b) the matter which is the subject of the disclosure has been adequately dealt with—
(i) by the notifying entity or another public body as required by law or by another Act; or
(ii) as required under an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth.
(6) Before determining under subsection (5) that a notified disclosure is not a public interest complaint, the IBAC must—
(a) consult with the notifying entity; and
(b) unless the disclosure was made anonymously, obtain the consent of the person who made the disclosure for the disclosure to be dealt with other than as a public interest complaint.
(7) The IBAC must not exercise any of its powers of investigation under the Independent Broad-based Anti-corruption Commission Act 2011 when making an assessment under subsection (1) or (2).
If the IBAC has determined under section 26 that a disclosure is not a public interest complaint, the IBAC may—
(a) assess whether the disclosure is a complaint or notification under the Independent Broad-based Anti-corruption Commission Act 2011 ; and
(b) if so, deal with the disclosure as a complaint or notification under that Act.
(1) If a disclosure has been notified to the IBAC by an entity under section 21 or 22, the IBAC must advise the entity of the IBAC's determination under section 26.
(2) The advice must be—
(a) in writing; and
(b) given within a reasonable time after the determination is made.
(1) If the IBAC determines that a disclosure is a public interest complaint, the IBAC must advise the person who made the disclosure that—
(a) the IBAC has determined that the disclosure is a public interest complaint; and
(b) the protections under Part 6 apply to the disclosure.
(2) The advice must be—
(a) in writing; and
(b) given within a reasonable time after the determination is made.
(3) The advice must include a written statement containing the prescribed matters relating to the rights, protections and obligations under this Act of a person who has made a public interest disclosure.
(1) Subject to subsection (3), if the IBAC determines that a disclosure is not a public interest complaint, the IBAC must advise the person who made the disclosure that—
(a) the IBAC has determined that the disclosure is not a public interest complaint; and
(b) as a consequence of that determination—
(i) the disclosure will not be investigated as a public interest complaint; and
(ii) the confidentiality provisions under Part 7 of this Act no longer apply in relation to the disclosure; but
(c) the protections under Part 6 apply to the disclosure.
(2) The advice must—
(a) be in writing; and
(b) state the reasons why the IBAC has determined that the disclosure is not a public interest complaint; and
(c) be given within a reasonable time after the determination is made.
(3) If the disclosure was made by a person to the IBAC, the IBAC is not required to advise the person under subsection (1) unless the person has indicated to the IBAC, or it otherwise appears to the IBAC, that the person wishes to receive the protections that apply to a public interest disclosure under this Act.
If the IBAC determines that a disclosure is not a public interest complaint but considers that the matter which is the subject of the disclosure may be able to be dealt with by another entity, the IBAC may advise the person who made the disclosure that—
(a) the matter which is the subject of the disclosure may be able to be dealt with by that entity other than as a public interest complaint; and
(b) if the person wishes to pursue the matter, the person should make a complaint directly to that entity.
(1) If a public interest disclosure that relates to the IBAC, an IBAC Officer or a Public Interest Monitor—
(a) is made to the Victorian Inspectorate in accordance with Division 2 of Part 2; or
(b) is notified to the Victorian Inspectorate under section 21 —
the Victorian Inspectorate must assess the disclosure to determine whether or not the disclosure is a public interest complaint.
(2) Following an assessment under subsection (1), the Victorian Inspectorate must—
(a) determine that the disclosure is a public interest complaint if the Victorian Inspectorate considers that—
(i) the disclosure shows or tends to show—
(A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(ii) the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show—
(A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(b) determine that the disclosure is not a public interest complaint in any other case.
Note
The protections under Part 6 apply to a public interest disclosure whether or not the Victorian Inspectorate has determined that the disclosure is a public interest complaint.
(3) A determination under subsection (2) must be made within a reasonable time after the disclosure is made, or notified, to the Victorian Inspectorate.
(4) The Victorian Inspectorate must not exercise any of its powers of investigation under the Victorian Inspectorate Act 2011 when making an assessment under subsection (1).
(5) Sections 27, 28, 29 and 30 apply to a public interest disclosure assessed by the Victorian Inspectorate under subsection (1) as if a reference to the IBAC were a reference to the Victorian Inspectorate.
If the Victorian Inspectorate has determined under section 31 that a disclosure is not a public interest complaint, the Victorian Inspectorate may—
(a) assess whether the disclosure is a complaint under the Victorian Inspectorate Act 2011 ; and
(b) if so, deal with the disclosure as a complaint under that Act.
(1) If a public interest disclosure that relates to the Victorian Inspectorate or a Victorian Inspectorate Officer—
(a) is made to the Integrity and Oversight Committee in accordance with Division 2 of Part 2; or
(b) is notified to the Integrity and Oversight Committee under section 21—
the Integrity and Oversight Committee must assess the disclosure to determine whether or not the disclosure is a public interest complaint.
(2) Following an assessment under subsection (1), the Integrity and Oversight Committee must—
(a) determine that the disclosure is a public interest complaint if the Committee considers that—
(i) the disclosure shows or tends to show—
(A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(ii) the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show—
(A) a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct; or
(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or
(b) determine that the disclosure is not a public interest complaint in any other case.
Note
The protections under Part 6 apply to a public interest disclosure whether or not the Integrity and Oversight Committee has determined that the disclosure is a public interest complaint.
(3) A determination under subsection (2) must be made within a reasonable time after the disclosure is made, or notified, to the Integrity and Oversight Committee.
(4) The Integrity and Oversight Committee must not exercise any of its powers of investigation under the Parliamentary Committees Act 2003 when making an assessment under subsection (1).
(5) Sections 27, 28, 29 and 30 apply to a public interest disclosure assessed by the Integrity and Oversight Committee under subsection (1) as if a reference to the IBAC were a reference to the Integrity and Oversight Committee.".