Victorian Numbered Regulations Victorian Numbered RegulationsFor Form 1 in the Schedule to the Principal Regulations substitute —
' FORM 1
Regulation 32(1)
Independent Broad-based Anti-corruption Commission Act 2011
CONFIDENTIALITY NOTICE FOR AN INVESTIGATION
To: [ insert name of person subject to confidentiality notice ]
Address: [ insert address details ]
THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.
PENALTIES INCLUDING IMPRISONMENT MAY APPLY.
1. What is this notice?
This confidentiality notice is issued under section 42(1) of the Independent Broad-based Anti-corruption Commission Act 2011 in respect of the following restricted matters:
[ specify restricted matter or matters ]
Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed " When are you authorised to disclose information? ".
If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
You should also note that additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.
2. Why have you been given this notice?
You have been given this confidentiality notice because the Independent Broad-based Anti-corruption Commission ("IBAC") considers that your disclosure of any of the restricted matters described above would be likely to prejudice:
* • an investigation being conducted by the IBAC; or
* • the safety or reputation of a person; or
* • the fair trial of a person who has been, or may be, charged with an offence.
3. When are you authorised to disclose information?
Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.
If a person or an organisation does not appear under "You can disclose this restricted matter:" or under "Can you disclose in any other circumstances?", then you cannot disclose the restricted matter to that person or organisation. For example, if "your spouse or domestic partner" does not appear under those headings, then you cannot disclose the restricted matter to your spouse or domestic partner.
|
Restricted matter: [ Specify restricted matter or matters ] |
You can disclose this restricted matter: * ✓ to your spouse or domestic partner. * ✓ to your employer or your manager or both. * ✓ to a registered health practitioner for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✓ for the purpose of an application to the Fair Work Commission, including any related proceeding. |
| |
The IBAC has directed that you cannot disclose this restricted matter: * ✗ to your spouse or domestic partner. * ✗ to your employer or your manager. * ✗ to a registered health practitioner. * ✗ to a trade union. * ✗ to an employee assistance program. * ✗ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✗ for the purpose of an application to the Fair Work Commission, including any related proceeding. |
[ Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above. ]
Can you disclose in any other circumstances?
You are always permitted to disclose a restricted matter in the following circumstances—
• for the purposes of making a complaint to the Victorian Inspectorate about the conduct of the IBAC or of an IBAC Officer;
• for the purposes of complying with a witness summons served on you by the Victorian Inspectorate under the Victorian Inspectorate Act 2011 ;
• to Victoria Police, if—
• the IBAC has disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct; and
• the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct;
• if the IBAC directs you or authorises you to disclose a restricted matter;
• if the disclosure is authorised or required by the Independent Broad-based Anti-corruption Commission Act 2011 ;
• if the disclosure is necessary for you to obtain any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order of the Supreme Court extending a confidentiality notice, including:
• to an interpreter if you do not know enough English to understand the nature of the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;
• to a parent, guardian or independent person if you are under the age of 18 years;
• to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;
• to a legal practitioner for the purposes of obtaining legal advice or representation in relation to this notice, a witness summons or an order extending this confidentiality notice, or your rights, liabilities, obligations and privileges under:
• the Independent Broad-based Anti-corruption Commission Act 2011 ;
• the Public Interest Disclosures Act 2012 ;
• the Ombudsman Act 1973 ;
• the Victorian Inspectorate Act 2011 ;
• Part 10 of the Victoria Police Act 2013 ;
• the Fair Work Act 2009 of the Commonwealth;
• the Judicial Commission of Victoria Act 2016 ;
• Part IIIA of the Constitution Act 1975 ;
• the Local Government Act 1989 ;
• the Racing Act 1958 ; or
• the Freedom of Information Act 1982 ;
unless the IBAC has restricted you from being represented by or obtaining advice from that legal practitioner;
• if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;
• for the purposes of a proceeding for an offence against, or a disciplinary process or action initiated in respect of conduct that could constitute an offence against the Judicial Commission of Victoria Act 2016 or Part IIIAA of the Constitution Act 1975 ;
• if the restricted matter disclosed is information that has been made public in accordance with the Independent Broad-based Anti-corruption Commission Act 2011 or any other Act;
• if the restricted matter disclosed is information that has been published in a report by the IBAC, the Integrity and Oversight Committee or any of the following investigating entities:
• Victoria Police;
• the Victorian Ombudsman;
• the Victorian Inspectorate;
• the Judicial Commission, including an investigating panel appointed by the Judicial Commission;
• the Racing Integrity Commissioner;
• the Information Commissioner;
• the Chief Municipal Inspector;
• to an investigating entity listed immediately above, if the IBAC has referred the relevant matter to that investigating entity.
Your obligations if you make a permitted disclosure
If you disclose information about a restricted matter to another person because the disclosure is permitted, you must, when making that disclosure, give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
4. When does this confidentiality notice expire?
This confidentiality notice expires on the date when the first of the following events occurs:
• the IBAC cancels this confidentiality notice and issues you with a new one that includes different restricted matters;
• the IBAC cancels this confidentiality notice and issues you with a new one because it believes that it is no longer necessary to restrict disclosure of one or more restricted matters in this notice;
• the IBAC cancels this confidentiality notice because it believes that it is no longer necessary to restrict disclosure of any restricted matters in this notice;
• unless the Supreme Court has ordered the extension of this confidentiality notice, 5 years after the first confidentiality notice about the current investigation was issued;
• if the date on which this confidentiality notice expires is extended by the Supreme Court, the date on which the period of extension expires.
5. Where can I get more information about this confidentiality notice?
A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.
You can also obtain legal advice about this confidentiality notice from a legal practitioner, unless the IBAC has restricted you from being represented by or taking advice from a specified legal practitioner.
[ attach:
• a copy of sections 42(3) to (8) and section 44 of the Independent Broad-based Anti-corruption Commission Act 2011 and an explanation of the effect of those provisions;
• if applicable, a copy of Part 7 of the Public Interest Disclosures Act 2012 . ]
[ signature ]
[ name ]
[ title ]
[ date ].
*Delete if not applicable.
FORM 1AA
Regulation 32(2)
Independent Broad-based Anti-corruption Commission Act 2011
CONFIDENTIALITY NOTICE FOR PRELIMINARY INQUIRY
To: [ insert name of person subject to confidentiality notice ]
Address: [ insert address details ]
THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.
PENALTIES INCLUDING IMPRISONMENT MAY APPLY.
1. What is this notice?
This confidentiality notice is issued under section 42(1A) of the Independent Broad-based Anti-corruption Commission Act 2011 in respect of the following restricted matters:
[ specify restricted matter or matters ]
Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed " When are you authorised to disclose information? ".
If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
You should also note that additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.
2. Why have you been given this notice?
You have been given this confidentiality notice because you have been issued with a witness summons in relation to an Independent Broad-based Anti-corruption Commission ("IBAC") preliminary inquiry and the IBAC considers that your disclosure of any of the restricted matters described above would be likely to prejudice the IBAC preliminary inquiry.
3. When are you authorised to disclose information?
Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.
If a person or an organisation does not appear under "You can disclose this restricted matter:" or under "Can you disclose in any other circumstances?", then you cannot disclose the restricted matter to that person or organisation. For example, if "your spouse or domestic partner" does not appear under those headings, then you cannot disclose the restricted matter to your spouse or domestic partner.
|
Restricted matter: [ Specify restricted matter or matters ] |
You can disclose this restricted matter: * ✓ to your spouse or domestic partner. * ✓ to your employer or your manager or both. * ✓ to a registered health practitioner for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✓ for the purpose of an application to the Fair Work Commission, including any related proceeding. |
| |
The IBAC has directed that you cannot disclose this restricted matter: * ✗ to your spouse or domestic partner. |
| |
* ✗ to your employer or your manager. * ✗ to a registered health practitioner. * ✗ to a trade union. * ✗ to an employee assistance program. * ✗ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✗ for the purpose of an application to the Fair Work Commission, including any related proceeding. |
[ Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above. ]
Can you disclose in any other circumstances?
You are always permitted to disclose a restricted matter in the following circumstances—
• for the purposes of making a complaint to the Victorian Inspectorate about the conduct of the IBAC or of an IBAC Officer;
• for the purposes of complying with a witness summons served on you by the Victorian Inspectorate under the Victorian Inspectorate Act 2011 ;
• to Victoria Police, if—
• the IBAC has disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct; and
• the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct.
• if the IBAC directs you or authorises you to disclose a restricted matter;
• if the disclosure is authorised or required by the Independent Broad-based Anti-corruption Commission Act 2011 ;
• if the disclosure is necessary for you to obtain any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order of the Supreme Court extending a confidentiality notice, including:
• to an interpreter if you do not know enough English to understand the nature of the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;
• to a parent, guardian or independent person if you are under the age of 18 years;
• to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;
• to a legal practitioner for the purposes of obtaining legal representation or legal advice about this notice, a witness summons or an order extending this confidentiality notice, or your rights, liabilities, obligations and privileges under:
• the Independent Broad-based Anti-corruption Commission Act 2011 ;
• the Public Interest Disclosures Act 2012 ;
• the Ombudsman Act 1973 ;
• the Victorian Inspectorate Act 2011 ;
• Part 10 of the Victoria Police Act 2013 ;
• the Fair Work Act 2009 of the Commonwealth;
• the Judicial Commission of Victoria Act 2016 ;
• Part IIIA of the Constitution Act 1975 ;
• the Local Government Act 1989 ;
• the Racing Act 1958 ; or
• the Freedom of Information Act 1982 ;
unless the IBAC has restricted you from being represented by or obtaining advice from that legal practitioner;
• if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;
• for the purposes of a proceeding for an offence against, or a disciplinary process or action initiated in respect of conduct that could constitute an offence against the Judicial Commission of Victoria Act 2016 or Part IIIAA of the Constitution Act 1975 ;
• if the restricted matter disclosed is information which has been made public in accordance with the Independent Broad-based Anti-corruption Commission Act 2011 or any other Act;
• if the restricted matter disclosed is information which has been published in a report by the IBAC, the Integrity and Oversight Committee or any of the following investigating entities:
• Victoria Police;
• the Victorian Ombudsman;
• the Victorian Inspectorate;
• the Judicial Commission, including an investigating panel appointed by the Judicial Commission;
• the Racing Integrity Commissioner;
• the Information Commissioner;
• the Chief Municipal Inspector;
• to an investigating entity listed immediately above, if the IBAC has referred the relevant matter to that investigating entity.
Your obligations if you make a permitted disclosure
If you disclose information about a restricted matter to another person because the disclosure is permitted, you must, when making that disclosure, give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
4. Where can I get more information about this confidentiality notice?
A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.
You can also obtain legal advice about this confidentiality notice from a legal practitioner, unless the IBAC has restricted you from being represented by or taking advice from a specified legal practitioner.
[ attach:
• a copy of sections 42(3) to (8) and section 44 of the Independent Broad-based Anti-corruption Commission Act 2011 and an explanation of the effect of those provisions;
• if applicable, a copy of Part 7 of the Public Interest Disclosures Act 2012 .]
[ signature ]
[ name ]
[ title ]
[ date ].
*Delete if not applicable.'.
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