Victorian Numbered Acts

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VICTORIAN INSPECTORATE ACT 2011 (NO. 70 OF 2011) - SECT 38

Matters to be included in annual report

    (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;

        (c)     details of the IBAC's compliance with this Act and the Independent Broad-based Anti-corruption Commission Act 2011 ;

        (d)     details of the comprehensiveness and adequacy of reports made to the Victorian Inspectorate by the IBAC under this Act;

        (e)     details of the extent to which action recommended by the Victorian Inspectorate to be taken by the IBAC has been taken.

    (2)     If the Victorian Inspectorate intends to include in its annual report a comment or opinion which is adverse to the IBAC or any IBAC personnel, the Victorian Inspectorate must first provide the IBAC or the relevant IBAC personnel a reasonable opportunity to respond to the adverse material and fairly set out the defence in its annual report.

    (3)     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.

    (4)     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.

    (5)     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.

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PART 5—GENERAL



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