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Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016

No. 30 of 2016

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purpose 12 Commencement 2

Part 2—Independent Broad-based Anti-corruption Commission Act 2011 3

3 Amendment of section 3—Definitions 34 Amendment of section 4—Corrupt conduct 55 Amendment of section 8—Objects of Act 86 Amendment of section 11—Conduct occurring before the

commencement of this section 87 New section 11A inserted—Determination of matter

previously considered by the IBAC 98 Amendment of section 15—Functions of the IBAC 99 Consequential repeal of section 17—Delegation 1010 Amendment of section 30—Acting appointment 1011 Section 32 substituted—Delegations 1012 Consequential amendment to section 37 1413 Amendment of section 41—Disclosure or provision of

information by the IBAC 1414 Amendment of section 42—Confidentiality notice 1615 Amendment of section 44—Disclosure subject to

confidentiality notice 1716 Amendment of section 47—Protected documents and other

things in proceedings, processes or actions other than criminal proceedings 17

17 Amendment of section 48—Production and inspection of protected documents and things in criminal proceedings 17

18 Amendment of section 56—The IBAC may receive information 17

19 Amendment of section 57—Notifications to the IBAC 1820 New sections 57A and 57B inserted 1821 Amendment of section 59—Notice of dismissal, investigation

or referral of complaint or notification 2022 New Division 3A inserted in Part 3—Preliminary inquiries 21

1

23 Amendment of section 60—Conducting investigations about corrupt conduct 33

24 Amendment of section 66—Conducting investigations into protected disclosure complaints about detrimental action 33

25 Amendment of section 68—When certain complaints or notifications to the IBAC are dismissed 33

26 Amendment of section 73—Referral of complaint or notification for investigation by another person or body 34

27 Amendment of section 85—The Commissioner must authorise use of powers under this Division 34

28 Amendment of section 91—Search warrant 3429 Amendment of section 115—Power to hold examinations 3530 Amendment of section 118—Offence to be present at

examination 3631 Amendment of section 119—The IBAC may give directions 3732 Amendment of section 124—Service of witness summons 3733 Amendment of section 126—Witness already held in custody 3734 New section 129A inserted—The IBAC may issue

suppression order 3835 Amendment of section 130—Actions to be taken before

questioning of a witness or requiring production of a document or other thing 39

36 Amendment of section 136—Offence for summoned witness to refuse or fail to answer question 40

37 Amendment of section 139—Warrant to arrest witness who fails to appear 40

38 Amendment of section 140—Bail for person arrested 4039 Amendment of section 142—Report to Victorian Inspectorate

on issue of arrest warrant 4140 Section 150 substituted—Reimbursement of expenses of

certain witnesses 4141 Amendment of section 151—Provision of legal assistance to

witnesses 4142 Amendment of section 163—Advice to a complainant and

other persons 4243 Amendment of section 180—Offence to hinder or obstruct an

IBAC officer 4244 Section 185 substituted 4245 Amendment of section 196—Regulations—specific matters 4546 Insertion of notes 4547 Amendment of section 189—Power to bring proceedings 4848 Amendment of section 190—Power for the IBAC to bring

criminal proceedings 4849 Amendments relating to the Legal Profession Uniform Law

(Victoria) 49

Part 3—Audit Act 1994 50

50 Amendment of section 16AB—Transmission of reports to Parliament 50

51 Amendment of section 19A— Mandatory notification of corrupt conduct to IBAC 50

52 Amendment of section 19B—Mandatory notification to Victorian Inspectorate 50

53 Amendment of section 19C—Communication of information to specified persons or bodies 51

54 Amendment of section 20A—Improper use of information 52

Part 4—Ombudsman Act 1973 53

55 Amendment of section 2—definitions 5356 Amendment of section 13A —Conducting of enquiries 5357 Amendment of section 14—Making a complaint 5458 Amendment of section 15—How the Ombudsman is to deal

with certain complaints 5459 Amendment of section 15A—Ombudsman may refuse to deal

with certain complaints 5560 Amendment of section 15C—Ombudsman must investigate

protected disclosure complaints 5561 Amendment of section 15E—Ombudsman may refuse to

investigate certain protected disclosure complaints 5662 Amendment of section 16A—Ombudsman may conduct own

motion investigation 5663 Amendment of section 16E—Notification to IBAC 5764 Amendment of section 16F—Notification to the Victorian

Inspectorate 5865 Amendment of section 16L—Disclosure of information by the

Ombudsman 5866 New section 16M inserted—Disclosure of information for

specified purposes 6067 Amendment of section 17—Procedure relating to

investigations 6268 Amendment of section 25AA—Transmission of sections 23(6)

and 25 reports to Parliament 6369 Amendment of section 26A—Unauthorised disclosure 6470 Amendments relating to gender neutral language 64

Part 5—Public Interest Monitor Act 2011 69

71 Amendment of section 8—Eligibility for appointment 6972 Amendment of section 12—Vacancy and registration 6973 Amendment of section 17—Confidentiality 6974 New section 17A inserted—Immunity 70

Part 6—Victorian Inspectorate Act 2011 71

75 New section 12A inserted—Specific powers in relation to the IBAC 71

76 New Division 1A inserted in Part 6—Preliminary inquiries 7277 Amendment relating to the Legal Profession Uniform Law

(Victoria) 73

Part 7—Amendment of other Acts 74

78 Amendment of section 61 of the Commission for Children and Young People Act 2012—Mandatory notification of corrupt conduct to IBAC 74

79 Amendment of section 19A of the Electoral Act 2002—Mandatory notification of corrupt conduct to IBAC 74

80 Amendment of section 54C of the Environment Protection Act 1970—Mandatory notification of corrupt conduct to IBAC 75

81 Amendment of section 46 of the Health Records Act 2001—Complaint to Health Services Commissioner 75

82 Amendment of section 6 of the Legal Aid Act 1978—Functions and powers 75

83 Amendment of sections 223B and 223CC of the Local Government Act 1989 76

84 Amendment of section 4 of the Protected Disclosure Act 2012—Meaning of improper conduct 76

85 Amendment of section 26 of the Protected Disclosure Act 2012—Assessment of disclosure and determination by the IBAC 79

86 Amendment of section 73 of the Public Administration Act 2004—Mandatory notification of corrupt conduct to IBAC 80

87 Amendment of section 37G of the Racing Act 1958—Mandatory notification of corrupt conduct to IBAC 80

88 Amendment of section 20A—Surveillance Devices Act 1999—Revocation of surveillance device warrant 81

89 Amendment of section 613 of the Workplace Injury Rehabilitation and Compensation Act 2013—Mandatory notification of corrupt conduct to IBAC 81

Part 8—Audit Act 1994—Accountability amendments 82

90 Amendment of section 1—Purposes 8291 Amendment of section 3—Definitions 8292 Amendment of section 3A—Objectives 8393 New section 3B inserted—Extra-territorial operation of Part 3 8494 Amendment of section 7A—Auditor-General's annual plan 8595 Consequential amendment of section 11D—Advance notice of

performance audits 8596 Amendment of section 12—Access to information 8697 Amendment of section 15—Performance audits 86

98 Amendment of section 16—Audit reports to Parliament 8999 New section 16FA inserted—Collaboration with other

Auditors-General 90100 Amendment of section 20A—Improper use of information 92101 Repeals 92

Part 9—Repeal of amending Act 93

102 Repeal of amending Act 93═══════════════

Endnotes 94

1 General information 94

Integrity and Accountability Legislation Amendment (A Stronger System) Act

2016†

No. 30 of 2016

[Assented to 31 May 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purpose

The purpose of this Act is to amend the Independent Broad-based Anti-corruption Commission Act 2011, the Audit Act 1994, the Ombudsman Act 1973, the Public Interest Monitor Act 2011, the Victorian Inspectorate Act 2011 and certain other Acts to implement a stronger system of integrity and accountability.

Victoria

1

2 Commencement

(1) This Part comes into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision of this Act does not come into operation before 10 December 2016, it comes into operation on that day.

Section Page

2

Part 2—Independent Broad-based Anti-corruption Commission Act 20113 Amendment of section 3—Definitions

In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011—

(a) in the definition of detained person, for paragraphs (d) and (e) substitute—

"(d) a patient detained in a designated mental health service within the meaning of the Mental Health Act 2014; or

(e) a person detained in a residential service, residential institution or residential treatment facility under Part 8 of the Disability Act 2006; or";

(b) in the definition of integrity body—

(i) for paragraph (j) substitute—

"(j) the Crime and Corruption Commission established under section 220 of the Crime and Corruption Act 2001 of Queensland;";

(ii) after paragraph (n) insert—

"(na) the Chief Municipal Inspector appointed under section 223A of the Local Government Act 1989;

(nb) a municipal monitor appointed under section 223CA of the Local Government Act 1989;

(nc) the Racing Integrity Commissioner established under the Racing Act 1958;";

Part 2—Independent Broad-based Anti-corruption Commission Act 2011


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(c) after the definition of law enforcement agency insert—

"mandatory notification provision means any of the following—

(a) section 57;

(b) section 19A of the Audit Act 1994;

(c) section 61 of the Commission for Children and Young People Act 2012;

(d) section 19A of the Electoral Act 2002;

(e) section 54C of the Environment Protection Act 1970;

(f) section 16E of the Ombudsman Act 1973;

(g) section 73 of the Public Administration Act 2004;

(h) section 37G of the Racing Act 1958;

(i) section 613(1) of the Workplace Injury Rehabilitation and Compensation Act 2013.";

(d) in the definition of notification to the IBAC, in paragraph (h), for "section 74A" substitute "section 73";

(e) after the definition of police recruit insert—

"preliminary inquiry means a preliminary inquiry under section 59A or 59B;"

(f) in the definition of relevant offence, after paragraph (b)(iii) insert—

"(iv) misconduct in public office;";



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(g) in the definition of restricted matter—

(i) for paragraph (a) substitute—

"(a) any evidence or information given to, or obtained by, the IBAC;";

(ii) in paragraph (b), after "produced to" insert ", or obtained by,";

(h) in the definition of witness summons, after "section" insert "59E(1) or".

4 Amendment of section 4—Corrupt conduct

(1) In section 4(1) of the Independent Broad-based Anti-corruption Commission Act 2011 omit ", if the facts were proved beyond reasonable doubt at a trial,".

(2) After section 4(1)(d) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—

"(da) of a person (the first person) intended to adversely affect the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body and result in the first person or an associate of the first person obtaining—

(i) a licence, permit, approval, authority or other entitlement under any Act or subordinate instrument; or

(ii) an appointment to a statutory office or as a member of the board of any public body under any Act or subordinate instrument; or

(iii) a financial benefit or real or personal property; or



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(iv) any other direct or indirect monetary or proprietary gain—

that they would not have otherwise obtained; or".

(3) In section 4(1)(e) of the Independent Broad-based Anti-corruption Commission Act 2011, for "or (d)" substitute ", (d) or (da)".

(4) After section 4(1) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—

"(1A) For the purposes of this Act, in determining whether conduct would constitute a relevant offence, the IBAC may assume that the required state of mind to commit the relevant offence can be proven.".


"(2A) For the purposes of section 4(1)(da), the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body may be adversely affected notwithstanding that the public officer or public body does not engage in any corrupt conduct or other misconduct in performing or exercising those functions or powers.

(2B) For the purposes of section 4(1)(da), an associate of a first person is—

(a) a person or entity who has an agreement, arrangement or understanding with the first person or holds any relevant financial interest in any business of the first person;



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(b) if the first person is a natural person, a person who is a relative of the first person;

(c) if the first person is a body corporate—

(i) an entity of whom the first person is an associate within the meaning of section 11 of the Corporations Act; or

(ii) an employee or officer of a related body corporate within the meaning of the Corporations Act to the first person.

(2C) For the purposes of subsection (2B)—

relative means—

(a) the spouse or domestic partner of the first person;

(b) a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the first person;

(c) a step-father, step-mother, legal guardian, step-son, step-daughter, step-brother, step-sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law of the first person;

(d) a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the spouse or domestic partner of the first person;



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(e) a step-father, step-mother, legal guardian, step-son, step-daughter, step-brother, step-sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law of the spouse or domestic partner of the first person;

relevant financial interest includes any share in the capital of a business of the first person or any entitlement to receive any income or payment from a business of the first person.".

5 Amendment of section 8—Objects of Act

(1) For section 8(a)(i) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute—

"(i) corrupt conduct; and".

(2) After section 8(a) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—

"(aa) provide for the IBAC to prioritise the investigation and exposure of serious corrupt conduct or systemic corrupt conduct;".

6 Amendment of section 11—Conduct occurring before the commencement of this section

(1) In the heading to section 11 of the Independent Broad-based Anti-corruption Commission Act 2011, omit "Investigation of".

(2) In section 11 of the Independent Broad-based Anti-corruption Commission Act 2011, after "Act" (wherever occurring) insert "as amended by the Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016".



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7 New section 11A inserted—Determination of matter previously considered by the IBAC

After section 11 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—

"11A Determination of matter previously considered by the IBAC

The IBAC may determine to investigate any complaint or notification to the IBAC that the IBAC has before the commencement of section 7 of the Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016—

(a) dismissed under section 58(a); or

(b) referred to a person or body (other than the Ombudsman) under section 73; or

(c) referred to the Ombudsman under section 73 and the Ombudsman has dismissed it or has determined not to investigate it.".

8 Amendment of section 15—Functions of the IBAC


"(1A) In performing its functions, the IBAC must prioritise its attention to the investigation and exposure of corrupt conduct which the IBAC considers may constitute serious corrupt conduct or systemic corrupt conduct.

(1B) Subsection (1A) does not restrict the IBAC's discretion to determine to investigate any matter that the IBAC considers may constitute corrupt conduct.".



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(2) For section 15(2)(a) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute—

"(a) to identify, expose and investigate corrupt conduct;".

(3) After section 15(3)(b) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—

"(ba) to conduct preliminary inquiries;".

9 Consequential repeal of section 17—Delegation

Section 17 of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed.

10 Amendment of section 30—Acting appointment

(1) For section 30(7)(b) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute—

"(b) is entitled to be paid the remuneration and allowances specified in the instrument of appointment of that person as acting Commissioner or acting Deputy Commissioner.".

(2) Section 30(8) of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed.

11 Section 32 substituted—Delegations

For section 32 of the Independent Broad-based Anti-corruption Commission Act 2011 substitute—

"32 Delegations

(1) Subject to subsection (2), the IBAC, by instrument, may delegate to—

(a) the Commissioner;



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(b) a Deputy Commissioner—

any duty, function or power of the IBAC under this Act or any other Act.

(2) The IBAC can only delegate any duty, function or power of the IBAC under section 117(1), 141, 153(1), 156(1), 162 or 165 to the Commissioner.

(3) Subject to subsections (4), (5) and (6), the Commissioner, by instrument, may delegate to—

(a) a Deputy Commissioner;

(b) the Chief Executive Officer;

(c) a senior IBAC officer;

(d) a person appointed under section 36—

any duty, function or power of the Commissioner, including any duty, function or power delegated to the Commissioner under subsection (1) but excluding those specified in subsection (2).

(4) The Commissioner can only delegate any duty, function or power of the Commissioner under section 115 to a Deputy Commissioner.

(5) The Commissioner can only delegate any duty, function or power of the Commissioner under sections 42(1), 42(3), 42(4), 42(5), 42(7), 47(2), 50(2), 73, 74, 75, 79(2), 81, 84, 85, 91, 119, 127(2), 127(8) and 139(1) to—

(a) a Deputy Commissioner;

(b) the Chief Executive Officer.



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(6) Despite subsection (5), the Commissioner, by instrument, may delegate to a Deputy Commissioner or the Chief Executive Officer the power of the Commissioner under section 85 on the condition that it is only to be exercised by the delegate if—

(a) the Commissioner is absent or unavailable; and

(b) the delegate reasonably believes that a delay in the exercise of the power would significantly limit the effectiveness of the powers conferred by Division 3 of Part 4.

(7) A Deputy Commissioner, by instrument, may delegate to—

(a) a senior IBAC Officer;

(b) a person appointed under section 36—

any duty, function or power of the Deputy Commissioner, including any duty, function or power delegated to the Deputy Commissioner under subsection (1) or (3) but excluding those specified in subsection (4) or (5).

(8) The Chief Executive Officer, by instrument, may delegate to—

(a) a senior IBAC Officer;

(b) a person appointed under section 36—

any duty, function or power of the Chief Executive Officer, including any duty, function or power delegated to the Chief Executive Officer under subsection (3) but excluding those specified in subsection (5).



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(9) Despite subsection (3), if the Commissioner has made a declaration of inability to act in respect of a particular matter under section 29, the Commissioner, by instrument, may delegate to a sworn IBAC Officer who would be qualified to be appointed under section 20 to be the Commissioner, any duty, function or power of the Commissioner, including any duty, function or power delegated to the Commissioner under subsection (1), which the Commissioner considers is necessary to enable that sworn IBAC Officer to act in respect of that particular matter.

(10) Despite subsection (3), if a sworn IBAC Officer to whom section 61(1) applies is conducting an investigation referred to in section 61, the Commissioner, by instrument, may delegate to that sworn IBAC Officer any duty, function or power of the Commissioner, including any duty, function or power delegated to the Commissioner under subsection (1), which the Commissioner considers is necessary to enable that sworn IBAC Officer to act in respect of that particular investigation.

(11) A delegation under this section to a former judge of the Supreme Court or the County Court or a former Chief Magistrate does not affect any pension or other rights or privileges that the person has as a former judge or Chief Magistrate.



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(12) A delegation given under section 17 or 32 as in force before the commencement of sections 9 and 11 of the Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016 which if given after that commencement would not be valid, continues in force until—

(a) the expiry of the period of 6 months after that commencement; or

(b) it is revoked—

whichever first occurs.

(13) For the avoidance of doubt, a reference in this section to the Commissioner includes a reference to a person who is acting in the office of the Commissioner.

Note

See sections 42 and 42A of the Interpretation of Legislation Act 1984.".

12 Consequential amendment to section 37

In section 37(2) of the Independent Broad-based Anti-corruption Commission Act 2011, after "section 36" insert "or a person who is to be appointed as an examiner under section 115".

13 Amendment of section 41—Disclosure or provision of information by the IBAC

(1) In section 41(1)(d) of the Independent Broad-based Anti-corruption Commission Act 2011, after "officer" insert "or any other appropriate senior officer".



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"(4A) Subject to subsections (2) and (4), if—

(a) a House of the Parliament has by resolution referred a report made by the IBAC to a Parliamentary Committee of that House to determine whether there has been a breach of parliamentary privilege or contempt of Parliament; and

(b) the Parliamentary Committee requests the IBAC to provide or disclose any information acquired by reason of, or in the course of, preparing the report which the Parliamentary Committee considers may be necessary to determine whether there has been a breach of parliamentary privilege or contempt of Parliament—

the IBAC may at its discretion comply with the request.

(4B) The IBAC must not provide or disclose information under subsection (4A) that is likely to lead to the identification of a person who has made an assessable disclosure.".

(3) In section 41(5) of the Independent Broad-based Anti-corruption Commission Act 2011—

(a) in the definition of Royal Commission, for "Crown." substitute "Crown;";

(b) insert the following definition—

"senior officer means a person who holds a position or is a member of a class of positions that is prescribed for the purposes of this section;".



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14 Amendment of section 42—Confidentiality notice


"(1A) If during a preliminary inquiry the IBAC—

(a) has issued a witness summons to a person; and

(b) considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice the preliminary inquiry—

the IBAC may issue a confidentiality notice to the person (other than an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or restricted matters in accordance with this section.".

(2) In section 42 of the Independent Broad-based Anti-corruption Commission Act 2011—

(a) in subsections (3), (4) and (5), after "specified in subsection (1)" insert ", or in respect of a preliminary inquiry to ensure that the matters specified in subsection (1A),";

(b) in subsections (3) and (4), after "under subsection (1)" insert "or (1A)".


(a) after "subsection (1)" insert "or (1A)";

(b) after "section" insert "59I, 59J,".



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15 Amendment of section 44—Disclosure subject to confidentiality notice

In section 44(7) of the Independent Broad-based Anti-corruption Commission Act 2011, after "investigation" insert "or preliminary inquiry".

16 Amendment of section 47—Protected documents and other things in proceedings, processes or actions other than criminal proceedings

In section 47(2) of the Independent Broad-based Anti-corruption Commission Act 2011, after "thing that" insert "the protected person has created or that".

17 Amendment of section 48—Production and inspection of protected documents and things in criminal proceedings

In section 48(1)(a) of the Independent Broad-based Anti-corruption Commission Act 2011, after "thing that" insert "the protected person has created or that".

18 Amendment of section 56—The IBAC may receive information

(1) In section 56(1) of the Independent Broad-based Anti-corruption Commission Act 2011, after "section 15(7)(a)" insert "or conducting a preliminary inquiry under Division 3A".

(2) In section 56(3) of the Independent Broad-based Anti-corruption Commission Act 2011, after "functions" insert "or conducting a preliminary inquiry under Division 3A".



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19 Amendment of section 57—Notifications to the IBAC

For section 57(1) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute—

"(1) Subject to any exemption notices issued under section 57B, the relevant principal officer must notify the IBAC of any matter which the person suspects on reasonable grounds involves corrupt conduct occurring or having occurred.

(1A) Subsection (1) does not apply to—

(a) the Chief Commissioner of Police; or

(b) any person who is subject to a mandatory notification provision specified in paragraphs (b), (c), (d), (e), (f), (g), (h) or (i) of the definition of mandatory notification provision; or

(c) any matter involving corrupt conduct of the IBAC or IBAC personnel.".

20 New sections 57A and 57B inserted


"57A Directions

(1) The IBAC may issue Directions for or with respect to notifications to the IBAC that are made in accordance with a mandatory notification provision.

(2) Without limiting the generality of subsection (1), Directions may—

(a) specify the types of matters that must be notified;



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(b) relate to a specified mandatory notification provision or the obligations of a specified person under a mandatory notification provision;

(c) provide for the form, content and method of notification;

(d) be of general or limited application;

(e) specify any other matter or thing which the IBAC considers is necessary.

(3) Directions must be published in the Government Gazette and on the IBAC's Internet website as soon as is practicable after they are made.

(4) Directions take effect—

(a) on the day after the Directions are published in the Government Gazette; or

(b) on any later day specified in the Directions.

(5) A relevant principal officer, other than a person specified in subsection (6), must comply with Directions made under this section.

(6) Directions made under this section do not apply to—

(a) the Auditor-General;

(b) a Department Head of a Department of the Parliament;

(c) the Electoral Commissioner;

(d) the Ombudsman.



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57B Exemption notice

(1) The IBAC may issue an exemption notice for or with respect to a mandatory notification provision.

(2) An exemption notice may specify the types of matters that are not required to be notified to the IBAC.

(3) An exemption notice must be published in the Government Gazette and on the IBAC's Internet website as soon as is practicable after it is made.

(4) An exemption notice takes effect—

(a) on the day after the exemption notice is published in the Government Gazette; or

(b) on any later day specified in the exemption notice.".

21 Amendment of section 59—Notice of dismissal, investigation or referral of complaint or notification

(1) In section 59(1) of the Independent Broad-based Anti-corruption Commission Act 2011 omit "or notification".


"(3A) Subject to subsection (4), the IBAC may notify the person who made a notification to the IBAC of the action referred to in section 58 which the IBAC has taken.".

(3) In section 59(4) of the Independent Broad-based Anti-corruption Commission Act 2011, for "or (2)" substitute ", (2) or (3A)".



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22 New Division 3A inserted in Part 3—Preliminary inquiries

After Division 3 of Part 3 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—

"Division 3A—Preliminary inquiries59A IBAC may conduct preliminary inquiry

The IBAC may conduct a preliminary inquiry for the purpose of determining whether to dismiss, refer or investigate a complaint or notification under this Act.

59B IBAC may conduct a preliminary inquiry as to own motion investigation

The IBAC may conduct a preliminary inquiry for the purpose of determining whether to conduct an own motion investigation.

59C Parts 3 and 4 do not apply

(1) Parts 3 and 4 do not apply to, or in respect of, a preliminary inquiry.

(2) For the avoidance of doubt, a preliminary inquiry is not an investigation for the purposes of the definition of prescribed investigation within the meaning of the Telecommunications (interception and Access) Act 1979 of the Commonwealth in so far as it relates to the IBAC.

59D Power to request information

(1) For the purposes of a preliminary inquiry, the IBAC may request the relevant principal officer of a public body to provide any information that the IBAC requests that is relevant to the preliminary inquiry.



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(2) A relevant principal officer who receives a request under subsection (1)—

(a) must comply with the request within a reasonable time, being not less than 7 days after receiving the request; and

(b) subject to subsection (3), is not required to comply with the request if the relevant principal officer advises the IBAC of a reasonable excuse for not doing so.

(3) A relevant principal officer who complies with a request under this section and any person who assists a relevant principal officer in complying with this section has the same protection and immunity as a person appearing as a witness at an examination has under section 149(2).

59E Power to issue witness summons

(1) For the purposes of a preliminary inquiry, the IBAC may issue a witness summons to any person requiring the person to attend at a specified time and place on a specified date to produce documents or other things to the IBAC.

(2) The IBAC may, under subsection (1), issue a witness summons directed to a person if satisfied that it is reasonable to do so, having regard to—

(a) whether the production of the document or thing is necessary to determine whether to conduct an investigation on its own motion, dismiss, refer or investigate a complaint or notification; and



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(b) whether it is reasonably practicable to obtain the information in the document or thing by any other means; and

(c) the evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and

(d) the age of the person and any mental impairment to which the person is known or believed to be subject.

(3) The IBAC must not issue a witness summons to a person who is under the age of 18 years unless the IBAC considers on reasonable grounds that—

(a) the information, document or thing that the person could provide may be compelling and probative evidence; and

(b) it is not practicable to obtain the information, document or thing by any other means.

(4) If a person is issued with a witness summons referred to in subsection (1), the IBAC may excuse that person from attendance if the person produces the required documents or things to the IBAC before the time and date for production specified in the witness summons in accordance with any directions given by the IBAC.

59F Content and form of witness summons

(1) A witness summons must require the person to whom it is directed to attend at a specified time and place on a specified date to produce to the IBAC any documents or other things described in the witness summons that are in the person's possession or control.



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(2) A witness summons must—

(a) be in the prescribed form; and

(b) be accompanied by a copy of any relevant confidentiality notice; and

(c) be accompanied by a statement setting out the matters specified in subsection (3).

(3) A statement referred to in subsection (2)(c) must include the following—

(a) that failure to comply with the witness summons may be an offence and penalties may apply;

(b) that if the person summoned is under the age of 16 years at the date of issue of the witness summons, the person need not comply with the witness summons, subject to the requirements of section 59H;

(c) that the person is entitled to seek legal advice in relation to the witness summons;

(d) that a person may claim a privilege;

(e) that the person has a right to complain to the Victorian Inspectorate;

(f) any other prescribed matter.

59G IBAC to report to Victorian Inspectorate on issue of witness summonses

Within 3 days after the issue of a witness summons, the IBAC must give a written report to the Victorian Inspectorate specifying—

(a) the name of the person summoned;



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(b) the reasons why the witness summons was issued.

59H Witness summons directed to person under 16 years

(1) A witness summons directed to a person under the age of 16 years at the date of issue of the witness summons has no effect.

(2) A person who claims to be under the age of 16 years at the date of issue of a witness summons directed to the person must provide proof of age in accordance with the regulations to the IBAC.

59I Service of witness summons

(1) Subject to subsection (2), a witness summons must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the witness summons.

(2) The IBAC may issue a witness summons requiring immediate attendance by a person before the IBAC if the IBAC considers on reasonable grounds that a delay in the person's attendance is likely to result in—

(a) evidence being lost or destroyed; or

(b) the commission of an offence; or

(c) the escape of the person who is summoned; or

(d) serious prejudice to the conduct of the preliminary inquiry to which the witness summons relates.



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(3) A witness summons directed to a natural person must be served by serving a copy of the witness summons to the person personally.

(4) A witness summons directed to a body corporate must be served by sending a copy of the witness summons by registered post to the head office, a registered office, a principal office or a principal place of business of the body corporate or to a postal address of the body corporate.

(5) Subsection (4) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.

59J Supreme Court may order service by other means

(1) If it appears that it is not reasonably practicable to serve a witness summons in accordance with section 59I, the IBAC may apply to the Supreme Court for an order that the witness summons be served by another means.

(2) On an application under subsection (1), if the Supreme Court is satisfied that it is not reasonably practicable to serve a witness summons in accordance with section 59I, the Court may—

(a) order that the witness summons be served by any other means the Court considers appropriate; or

(b) make an order for substituted service.



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59K Actions to be taken before requiring production of a document or other thing

Before a witness summoned to attend a preliminary inquiry is required to produce a document or other thing, the IBAC must—

(a) confirm the age of a witness if the IBAC considers that a witness may be under the age of 18 years;

(b) release any witness under the age of 16 years from compliance with any witness summons;

(c) inform the witness orally and in writing of the person's rights and obligations as specified in section 59F(3) unless the witness informs the IBAC that—

(i) an Australian legal practitioner has explained the statement referred to in section 59F(2)(c) to the witness before the examination; and

(ii) the witness does not wish to be informed of the statement referred to in section 59F(2)(c) again;

(d) inform an Australian legal practitioner who is representing a witness or other person at the examination of any non-disclosure requirements that apply under the Act and, in the case of an investigation of a protected disclosure complaint, the confidentiality requirements under the Protected Disclosure Act 2012;

(e) take any other actions prescribed for the purposes of this subsection.



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59L Procedure for determining claims of privilege or claims of a secrecy requirement

(1) This section applies if a person claims on production of a document or other thing, before the IBAC that—

(a) the document or other thing is the subject of privilege; or

(b) the document or other thing cannot be disclosed due to a secrecy requirement of any enactment or other law that applies to the person.

(2) A person making a claim to which this section applies must attend before the IBAC in accordance with the witness summons.

(3) The IBAC must consider the claim of privilege or application of the secrecy requirement and either—

(a) withdraw the requirement to produce the document or other thing over which the claim is made; or

(b) not withdraw the requirement and require the claimant to immediately seal the document or other thing in an envelope, or otherwise secure it if it cannot be sealed in an envelope, and give it to the IBAC.

(4) The IBAC must not inspect the document or other thing in considering the claim.

(5) If the IBAC does not withdraw the requirement to produce the document or other thing the IBAC must—

(a) apply to the Supreme Court in accordance with section 59M for determination of the claim of privilege



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or application of the secrecy requirement; and

(b) if the IBAC requires the claimant to give the document or other thing to the IBAC under subsection (3)(b), the IBAC must immediately give the sealed envelope or the document or other thing otherwise secured to the proper court officer of the Supreme Court to be held in safe custody.

(6) Subject to section 59N, a person must not open a sealed envelope or interfere with a document or other thing secured otherwise than in an envelope before delivery to the proper officer of the Supreme Court.

59M Application to Supreme Court to determine privilege or application of secrecy requirement

(1) Within 7 days after the IBAC gives the sealed envelope or the document or other thing secured otherwise than in an envelope to the proper officer under section 59L, the IBAC may apply to the Supreme Court for a determination of—

(a) a claim of privilege under this Division;

(b) the application of a secrecy requirement under any enactment or other law.

(2) If no application is made under subsection (1) within the period of 7 days, the proper officer of the Supreme Court must return the document or other thing to the claimant.

(3) The IBAC must give notice of the application to the claimant within a



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reasonable time before the hearing of the application.

(4) Notice under subsection (3) must be in the prescribed form.

(5) The claimant is entitled to appear and be heard on the hearing of the application.

59N Determination of claim

(1) On an application under section 59M, the Supreme Court must determine whether or not the document or other thing in the sealed envelope or secured otherwise than in an envelope is the subject of—

(a) privilege; or

(b) any secrecy requirement under an enactment or other law.

(2) For the purposes of making a determination under subsection (1), the Judge constituting the Supreme Court and any other person authorised by the Court may—

(a) open the sealed envelope or access the document or other thing secured otherwise than in an envelope; and

(b) inspect the document or other thing.

(3) If the Court determines that the document or other thing is the subject of privilege or a secrecy requirement under an enactment or other law—

(a) the Court must order that the document or other thing be returned to the claimant; and

(b) the proper officer must return the document or other thing to the claimant.



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(4) If the Court determines that the document or other thing is not the subject of privilege or a secrecy requirement under an enactment or other law—

(a) the Court must order that the document or other thing be given to the IBAC; and

(b) the proper officer must release the document or other thing accordingly.

(5) Subject to subsection (2), a person must not open a sealed envelope or otherwise have access to the document or other thing contained in the sealed envelope before—

(a) the Court determines the claim of privilege or the application of a secrecy requirement to it; or

(b) the document or other thing is returned to the claimant.

Penalty: 120 penalty units or imprisonment for 12 months or both.

(6) Subject to subsection (2), a person must not open or otherwise have access to a document or other thing secured otherwise than in an envelope before—

(a) the Court determines the claim of privilege or the application of a secrecy requirement to it; or

(b) the document or other thing is returned to the claimant.

Penalty: 120 penalty units or imprisonment for 12 months or both.



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59O Offence for summoned witness to fail to produce document or other thing

(1) A person who is duly served with a witness summons to attend and produce a document or other thing must not, without reasonable excuse, refuse or fail to produce a document or other thing that he or she was required to produce by the witness summons.

Penalty: In the case of a natural person, 60 penalty units or imprisonment for 6 months or both;

In the case of a body corporate, 300 penalty units.

Note

Section 185 applies to an offence against this subsection.

(2) For the purposes of the application of subsection (1)—

(a) a claim of privilege; or

(b) a claim that the document or other thing cannot be disclosed due to a secrecy requirement of any enactment or other law that applies to the person—

is a reasonable excuse for not complying with a witness summons issued under this Division.

59P Prohibitions applying to the IBAC

The IBAC must not for the purposes of conducting a preliminary inquiry—

(a) make an application for the issue of a surveillance device warrant under section 15 of the Surveillance Devices Act 1999; or



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(b) authorise or conduct a controlled operation under the Crimes (Controlled Operations) Act 2004.".

23 Amendment of section 60—Conducting investigations about corrupt conduct

(1) For section 60(2) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute—

"(2) The IBAC must not conduct an investigation under subsection (1) unless the IBAC suspects on reasonable grounds that the conduct constitutes corrupt conduct.".

(2) In section 60(5) of the Independent Broad-based Anti-corruption Commission Act 2011 omit "serious".

24 Amendment of section 66—Conducting investigations into protected disclosure complaints about detrimental action


(a) for "is reasonably satisfied" substitute "suspects on reasonable grounds";

(b) omit "serious".

25 Amendment of section 68—When certain complaints or notifications to the IBAC are dismissed


(a) in paragraph (d), for "trivial; or" substitute "trivial.";

(b) paragraph (e) is repealed.



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26 Amendment of section 73—Referral of complaint or notification for investigation by another person or body


(a) paragraph (ea) is repealed;

(b) after paragraph (h) insert—

"(ha) the Chief Municipal Inspector appointed under section 223A of the Local Government Act 1989;

(hb) a municipal monitor appointed under section 223CA of the Local Government Act 1989;".

27 Amendment of section 85—The Commissioner must authorise use of powers under this Division

(1) In the heading to section 85 of the Independent Broad-based Anti-corruption Commission Act 2011, for "IBAC" substitute "Commissioner".

(2) The note to section 85 of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed.

28 Amendment of section 91—Search warrant

(1) In section 91 of the Independent Broad-based Anti-corruption Commission Act 2011—

(a) in subsection (1) for "subsection (1)" substitute "subsections (2) and (8)";

(b) in subsections (1) and (3), after "Court" insert "or a magistrate";

(c) in subsection (3), after "the Judge" insert "or the magistrate".



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(2) The note to section 91(2) of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed.


"(8) An authorised officer must apply to a Judge of the Supreme Court for a search warrant if—

(a) it relates to an investigation of a judicial officer; or

(b) it is to enter and search—

(i) court premises; or

(ii) any vehicle on court premises.

(9) In this section, court premises has the same meaning as it has in the Court Security Act 1980.".

29 Amendment of section 115—Power to hold examinations

At the end of section 115 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—

"(2) The IBAC may appoint a person as an examiner to preside at any examination if the person—

(a) would be eligible to be appointed to be the Commissioner in accordance with section 20(2); and

(b) has taken an oath or made an affirmation under section 37.



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(3) A consultant appointed under section 36 may be appointed as an examiner if the consultant meets the criteria specified in subsection (2).

(4) A person appointed under subsection (2) may perform any function or exercise any power that the IBAC has under this Part other than under section 115, 117, 132(1), 141, 153(1) or 156(1).

(5) A person appointed under subsection (2) may exercise the powers specified in section 132 as if the person was an IBAC officer authorised to do so by the Commissioner under section 132(1).

(6) For the avoidance of doubt, a person appointed to preside at any examination may preside at a public examination.

(7) The IBAC must as soon as practicable notify the Victorian Inspectorate of any appointment made under subsection (2).

(8) A notice under subsection (7) must specify details of the following—

(a) the person appointed;

(b) the reasons for the appointment.".

30 Amendment of section 118—Offence to be present at examination


"(2) In this section, present includes being remotely present.".



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31 Amendment of section 119—The IBAC may give directions

After section 119(1) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—

"(1A) For the purposes of subsection (1), a direction under subsection (1) may provide that a person may be remotely present during an examination or part of an examination.".

32 Amendment of section 124—Service of witness summons

For section 124(4) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute—

"(4) A witness summons directed to a body corporate must be served by sending a copy of the witness summons by registered post to the head office, a registered office, a principal office or a principal place of business of the body corporate or to a postal address of the body corporate.".

33 Amendment of section 126—Witness already held in custody

In section 126(4) of the Independent Broad-based Anti-corruption Commission Act 2011 omit "to whom a direction under subsection (1) applies".



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34 New section 129A inserted—The IBAC may issue suppression order


"129A The IBAC may issue suppression order

(1) The IBAC may issue a suppression order prohibiting or restricting the publication of

any information or evidence given during a public examination if the IBAC considers that the suppression order is necessary—

(a) to prevent prejudice or hardship being caused to any person, including harm to their safety or reputation; or

(b) to avoid the possibility of any prejudice to legal proceedings; or

(c) for any other reason having regard to all the circumstances.

(2) A suppression order must specify the ground on which it is made.

(3) The IBAC must cause a copy of the suppression order to be placed on the door of the place where the public examination is being held.

(4) The IBAC must take reasonable steps, including by publishing notice of the making of the suppression order on the IBAC's website, to notify any relevant person or body corporate that a suppression order has been made.

(5) If the suppression order is made in relation to information or evidence that is given by the IBAC to another person, the IBAC must



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cause a copy of the suppression order to be given to that person.

(6) A suppression order made under this section is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

(7) A person must not engage in conduct that constitutes a contravention of a suppression order that is in force under this section if the person—

(a) knows that the suppression order is in force; or

(b) is reckless as to whether the suppression order is in force.

Penalty: In the case of a natural person, 600 penalty units or imprisonment for 5 years;

In the case of a body corporate, 3000 penalty units.

Note

Section 185 applies to an offence against this subsection.

(8) An offence against subsection (7) is an indictable offence.".

35 Amendment of section 130—Actions to be taken before questioning of a witness or requiring production of a document or other thing

For section 130(1)(c) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute—

"(c) inform the witness orally and in writing of the person's rights and obligations as specified in section 121(4) unless the witness informs the IBAC that—



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(i) an Australian legal practitioner has explained the statement referred to in section 121(3)(c) to the witness before the examination; and

(ii) the witness does not wish to be informed of the statement referred to in section 121(3)(c) again;".

36 Amendment of section 136—Offence for summoned witness to refuse or fail to answer question


"(2) If a question that a witness is required to answer by the IBAC is relevant in any respect to the subject matter of the investigation, it is not a reasonable excuse to refuse or fail to answer the question on the ground that the question does not relate to the direct involvement of the witness in identified corrupt conduct.".

37 Amendment of section 139—Warrant to arrest witness who fails to appear

In section 139(1) and (2) of the Independent Broad-based Anti-corruption Commission Act 2011, after "Court" insert "or a magistrate".

38 Amendment of section 140—Bail for person arrested

In section 140 of the Independent Broad-based Anti-corruption Commission Act 2011, after "Court" (wherever occurring) insert "or the Magistrates' Court".



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39 Amendment of section 142—Report to Victorian Inspectorate on issue of arrest warrant

For section 142(b) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute—

"(b) the reasons in summary form as to why the IBAC applied for the issue of a search warrant.".

40 Section 150 substituted—Reimbursement of expenses of certain witnesses


"150 Reimbursement of expenses of certain witnesses

A person appearing as a witness in an examination who is entitled to a reimbursement of expenses in accordance with the regulations must be paid an amount for any expenses incurred by that appearance as provided in the prescribed scale.".

41 Amendment of section 151—Provision of legal assistance to witnesses

After section 151(2) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—

"(2A) The prescribed person, by instrument, may delegate to any employee or class of employees employed under Part 3 of the Public Administration Act 2004 any power of the prescribed person under this section.Note

See sections 42 and 42A of the Interpretation of Legislation Act 1984.".



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42 Amendment of section 163—Advice to a complainant and other persons


(a) omit "written";

(b) in paragraph (a) after "officer" insert "or any other appropriate senior officer".


"(9) For the purposes of this section, senior officer means a person who holds a position or is a member of a class of positions that is prescribed for the purposes of this section.".

43 Amendment of section 180—Offence to hinder or obstruct an IBAC officer

In section 180 of the Independent Broad-based Anti-corruption Commission Act 2011, for "5" substitute "6".

44 Section 185 substituted


"185 Criminal liability of officers of bodies corporate—accessorial liability

(1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer—

(a) authorised or permitted the commission of the offence by the body corporate; or



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(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.

(2) For the purposes of subsection (1), the following provisions are specified—

(a) section 44(1);

(b) section 44(6);

(c) section 44(7);

(d) section 54(7);

(e) section 59O(1);

(f) section 129A(7);

(g) section 135(1);

(h) section 135(2);

(i) section 136;

(j) section 137;

(k) section 166;

(l) section 179;

(m) section 180;

(n) section 181;

(o) section 182;

(p) section 183(1);

(q) section 184(1);

(r) section 184(2);

(s) section 184(3);

(t) section 184(4).



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(3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.

(4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.

(5) In this section—

body corporate has the same meaning as corporation has in section 57A of the Corporations Act;

officer in relation to a body corporate means—

(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or

(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.

(6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958.".



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45 Amendment of section 196—Regulations—specific matters

In section 196 of the Independent Broad-based Anti-corruption Commission Act 2011—

(a) after paragraph (f) insert—

"(fa) a person or body for the purposes of the definition of senior officer in section 41(5);";

(b) after paragraph (n) insert—

"(na) a person or body for the purposes of the definition of senior officer in section 163(9);";

46 Insertion of notes

(1) At the note at the foot of section 44(1) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—"Note 2

Section 185 applies to an offence against this subsection.".

(2) At the foot of section 44(6) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—"Note






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(7) At the foot of section 136 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—"Note

Section 185 applies to an offence against this section.".







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47 Amendment of section 189—Power to bring proceedings


"(2) The Commissioner may authorise a sworn IBAC officer or a police officer to bring proceedings for an offence under this Act or the regulations.".

48 Amendment of section 190—Power for the IBAC to bring criminal proceedings


"(2) The Commissioner may authorise a sworn IBAC officer to bring proceedings for an offence in relation to any matter arising out of an IBAC investigation.".



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49 Amendments relating to the Legal Profession Uniform Law (Victoria)

(1) In section 23(2) of the Independent Broad-based Anti-corruption Commission Act 2011 omit "within the meaning of the Legal Profession Act 2004".

(2) In the note to section 24(13)(a) of the Independent Broad-based Anti-corruption Commission Act 2011, for "Legal Profession Act 2004" substitute "Legal Profession Uniform Law (Victoria)".

(3) In section 49(2) of the Independent Broad-based Anti-corruption Commission Act 2011, for "Legal Profession Act 2004" substitute "Legal Profession Uniform Law (Victoria)".



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Part 3—Audit Act 199450 Amendment of section 16AB—Transmission of

reports to Parliament

For section 16AB(8) of the Audit Act 1994 substitute—

"(8) For the purposes of this section, Parliament is in recess when neither House is sitting.".

51 Amendment of section 19A— Mandatory notification of corrupt conduct to IBAC

(1) For section 19A(1) of the Audit Act 1994 substitute—

"(1) Subject to any exemption notice issued under section 57B of the Independent Broad based Anti-corruption Commission Act 2011, the Auditor-General must notify the IBAC of any matter that the Auditor-General suspects on reasonable grounds involves corrupt conduct occurring or having occurred, that the Auditor-General becomes aware of in the performance of functions or the exercise of powers under this Act or any other Act.".

(2) In section 19A(4) of the Audit Act 1994 omit "serious".

52 Amendment of section 19B—Mandatory notification to Victorian Inspectorate

In section 19B(1)(a) of the Audit Act 1994, for "conduct" (where first and secondly occurring) substitute "misconduct".



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53 Amendment of section 19C—Communication of information to specified persons or bodies

(1) After section 19C(1) of the Audit Act 1994 insert—

"(1A) Subsection (1) applies to the provision or disclosure of information specified in that subsection despite anything to the contrary in section 12(2) except in respect of information that, but for section 12(1), could not have been lawfully provided or disclosed because Cabinet confidentiality applies.".

(2) For section 19C(2)(d) of the Audit Act 1994 substitute—

"(d) Victoria Police;".

(3) For section 19C(2)(f) of the Audit Act 1994 substitute—

"(f) the Commissioner for Privacy and Data Protection established under section 95 of the Privacy and Data Protection Act 2014;

(g) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012;

(h) the Chief Municipal Inspector appointed under section 223A of the Local Government Act 1989;

(i) a municipal monitor appointed under section 223CA of the Local Government Act 1989;

(j) the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013;



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(k) the Environment Protection Authority established under section 5 of the Environment Protection Act 1970;

(l) the Racing Integrity Commissioner established under section 37A of the Racing Act 1958;

(m) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth;

(n) the police force or police service (however described) of another State or a Territory;

(o) any other prescribed person or body.".

(4) For section 19C(3) of the Audit Act 1994 substitute—

"(3) Subsection (1) applies subject to any other restriction on the provision or disclosure of information under this Act or any other Act or any Commonwealth Act.".

54 Amendment of section 20A—Improper use of information

After section 20A(3) of the Audit Act 1994 insert—

"(4) Subsection (1) does not apply to the provision or disclosure of information by the Auditor-General in accordance with section 16F or 19C.".



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Part 4—Ombudsman Act 197355 Amendment of section 2—definitions

In section 2(1) of the Ombudsman Act 1973—

(a) insert the following definition—

"police personnel misconduct has the same meaning as it has in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011;";

(b) in the definition of restricted matter—

(i) for paragraph (a) substitute—

"(a) any evidence or information given to, or obtained by, the Ombudsman;";

(ii) in paragraph (b), after "person" insert ", or obtained by the Ombudsman,".

56 Amendment of section 13A —Conducting of enquiries

(1) In section 13A(1) of the Ombudsman Act 1973—

(a) in paragraph (a) omit "(other than an investigation on a protected disclosure complaint)";

(b) in paragraph (b), after "matter" insert "(other than a protected disclosure complaint)".

(2) In section 13A(3) of the Ombudsman Act 1973, after "authority" insert "or a protected disclosure entity".



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57 Amendment of section 14—Making a complaint

For section 14(2) of the Ombudsman Act 1973 substitute—

"(2) If a complaint to the Ombudsman is not made in writing, the Ombudsman may require the complainant to provide a written statement in the form (if any) specified by the Ombudsman—

(a) confirming that the complainant wants the Ombudsman to consider the complaint; and

(b) specifying the details of the complaint.".

58 Amendment of section 15—How the Ombudsman is to deal with certain complaints

(1) For the heading to section 15 of the Ombudsman Act 1973 substitute—

"15 How the Ombudsman is to deal with certain complaints".

(2) For section 15(1) of the Ombudsman Act 1973 substitute—

"(1) The Ombudsman must not deal with a complaint that involves police personnel conduct, other than to notify the IBAC or the Victorian Inspectorate under Division 2C.

(1A) Subject to subsection (1B), the Ombudsman must not deal with a complaint that the Ombudsman suspects on reasonable grounds involves corrupt conduct until the Ombudsman notifies the IBAC or the Victorian Inspectorate under Division 2C.



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(1B) If the IBAC notifies the Ombudsman that it has determined under section 58 of the Independent Broad-based Anti-corruption Commission Act 2011 to investigate a matter involving corrupt conduct or to refer it to another body, the Ombudsman must not continue to deal with a complaint that involves the matter or continue to conduct an investigation in relation to the matter unless—

(a) the IBAC and the Ombudsman agree, to the extent and subject to the conditions agreed; or

(b) where the IBAC refers the matter to another body under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011, to the extent of the referral; or

(c) the IBAC completes or discontinues its investigation into the matter.".

59 Amendment of section 15A—Ombudsman may refuse to deal with certain complaints

After section 15A(2) of the Ombudsman Act 1973 insert—

"(3) The Ombudsman may refuse to deal with a complaint if the complainant fails to comply with a requirement made under section 14(2).".

60 Amendment of section 15C—Ombudsman must investigate protected disclosure complaints

In section 15C of the Ombudsman Act 1973, for "and 15E" substitute ", 15E and 17".



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61 Amendment of section 15E—Ombudsman may refuse to investigate certain protected disclosure complaints

After section 15E(1)(c) of the Ombudsman Act 1973 insert—

"(ca) the conduct which is the subject of the protected disclosure complaint does not amount to improper conduct; or

(cb) the conduct which is the subject of the protected disclosure complaint does not amount to detrimental action against a person in contravention of section 45 of the Protected Disclosure Act 2012; or".

62 Amendment of section 16A—Ombudsman may conduct own motion investigation

For section 16A(2) of the Ombudsman Act 1973 substitute—

"(2) Subject to subsection (2A), the Ombudsman must not conduct an own motion investigation into any administrative action that the Ombudsman suspects on reasonable grounds involves corrupt conduct until the Ombudsman notifies the IBAC or the Victorian Inspectorate under Division 2C.Note

See also section 16D.

(2A) If the IBAC notifies the Ombudsman that it has determined under section 58 of the Independent Broad-based Anti-corruption Commission Act 2011 to investigate a matter or to refer it to another body, the Ombudsman must not conduct, or continue to conduct, an own motion investigation into



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any administrative action that involves the matter unless—

(a) the IBAC and the Ombudsman agree, to the extent and subject to the conditions agreed; or

(b) where the IBAC refers the matter to another body under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011, to the extent of the referral; or

(c) the IBAC completes or discontinues its investigation into the matter.".

63 Amendment of section 16E—Notification to IBAC

(1) For section 16E(1) of the Ombudsman Act 1973 substitute—

"(1) Subject to any exemption notice issued under section 57B of the Independent Broad-based Anti-corruption Commission Act 2011, the Ombudsman must notify the IBAC of the following—

(a) a complaint or referred matter that the Ombudsman suspects on reasonable grounds involves corrupt conduct or police personnel misconduct occurring or having occurred;

(b) a matter that the Ombudsman suspects on reasonable grounds involves corrupt conduct or police personnel misconduct occurring or having occurred, of which the Ombudsman becomes aware in the course of dealing with a complaint, conducting an own motion investigation or performing any other functions under this Act.".



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(2) In section 16E(4) of the Ombudsman Act 1973, omit "serious".

64 Amendment of section 16F—Notification to the Victorian Inspectorate

In section 16F of the Ombudsman Act 1973—

(a) in subsection (1)(a), for "conduct" substitute "misconduct";

(b) in subsection (1)(b), for "conduct" (where first occurring) substitute "misconduct";

(c) in subsection (2), for "conduct" substitute "misconduct".

65 Amendment of section 16L—Disclosure of information by the Ombudsman

(1) For section 16L(2)(d) of the Ombudsman Act 1973 substitute—

"(d) Victoria Police;".

(2) For section 16L(2)(f), (g), (h) and (i) of the Ombudsman Act 1973 substitute—

"(f) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012;

(g) the Chief Municipal Inspector appointed under section 223A of the Local Government Act 1989;

(h) a municipal monitor appointed under section 223CA of the Local Government Act 1989;



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(i) the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013;

(j) the Environment Protection Authority established under section 5 of the Environment Protection Act 1970;

(k) the Racing Integrity Commissioner established under section 37A of the Racing Act 1958;

(l) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth;

(m) the police force or police service (however described) of another State or a Territory;

(n) a responsible Minister of the Crown;

(o) any authority or its principal officer;

(p) a person or body prescribed by Rules of Parliament made under this Act.".

(3) After section 16L(3) of the Ombudsman Act 1973 insert—

"(4) If—

(a) a House of the Parliament has by resolution referred a report made by the Ombudsman to a Parliamentary Committee of that House to determine whether there has been a breach of parliamentary privilege or contempt of Parliament; and

(b) the Parliamentary Committee requests the Ombudsman to provide or disclose any information received or obtained in the course of preparing the report which



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the Parliamentary Committee considers may be necessary to determine whether there has been a breach of parliamentary privilege or contempt of Parliament—

the Ombudsman may at his or her discretion comply with the request.

(5) The Ombudsman must not provide or disclose information under subsection (4) that is likely to lead to the identification of a person who has made an assessable disclosure.".

66 New section 16M inserted—Disclosure of information for specified purposes

After section 16L of the Ombudsman Act 1973 insert—

"16M Disclosure of information for specified purposes

(1) Subject to subsection (2), the Ombudsman may provide or disclose information received or obtained in the course of the performance of duties and functions or the exercise of powers under this Act—

(a) to the public, being information which relates to the commencement or progress of an own motion investigation and the Ombudsman is satisfied that the information does not include any information that—

(i) is likely to lead to the identification of a person; or

(ii) is adverse to an authority unless the information is already in the public domain or the authority has



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consented to the information being provided or disclosed; or

(b) to a person, body or authority that the Ombudsman considers appropriate where the Ombudsman considers that the provision or disclosure of the information is necessary to prevent or lessen the risk of harm to a person's health, safety or welfare; or

(c) to an authority where the Ombudsman considers that the provision or disclosure of the information is necessary to assist the authority to improve its administrative practices and procedures and the Ombudsman is satisfied that the information does not include any information that is likely to lead to the identification of any person.

(2) The Ombudsman must not provide or disclose any information under this section that includes—

(a) any information that the Ombudsman considers would prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, the IBAC or the Victorian Inspectorate; or

(b) any information, or information in any document, referred to in section 19, 19A or 19B; or

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

(d) a recommendation that a specified person be, or an opinion that a specified



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person should be, prosecuted for an offence; or

(e) any information that—

(i) is likely to lead to the identification of a person who has made an assessable disclosure; and

(ii) is not information to which section 53(2)(a), (c) or (d) of the Protected Disclosure Act 2012 applies.

(3) The operation of this section is not limited by sections 16L and 26A.".

67 Amendment of section 17—Procedure relating to investigations

After section 17(6A) of the Ombudsman Act 1973 insert—

"(6B) The Ombudsman may at any time during an investigation discontinue the investigation if in all the circumstances the Ombudsman considers that—

(a) a ground specified in section 15A for refusing to deal with the complaint or section 15E for refusing to conduct an investigation would now apply; or

(b) the matter has been sufficiently investigated and further investigation is not warranted.

(6C) The Ombudsman must at any time during an investigation discontinue the investigation if in all the circumstances the Ombudsman considers that a ground specified in section 15 for refusing to deal with the complaint or section 15D for refusing to conduct an investigation would now apply.



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(6D) If the Ombudsman discontinues an investigation in accordance with subsection (6B)(a) or (6C)—

(a) the Ombudsman must, within a reasonable time of discontinuing the investigation, inform any person informed of the investigation under subsection (1) of—

(i) the discontinuance of the investigation; and

(ii) the reason for that discontinuance; and

(b) sections 23, 23A and 24(1) cease to apply in relation to the investigation.

(6E) If the Ombudsman discontinues an investigation in accordance with subsection (6B)(b)—

(a) sections 23, 23A and 24(1) apply as if the investigation had been completed; and

(b) the Ombudsman must provide the reason for the discontinuance in any report or notification given under those sections.".

68 Amendment of section 25AA—Transmission of sections 23(6) and 25 reports to Parliament

For section 25AA(7) of the Ombudsman Act 1973 substitute—

"(7) For the purposes of this section, Parliament is in recess when neither House is sitting.".



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69 Amendment of section 26A—Unauthorised disclosure

After section 26A(2) of the Ombudsman Act 1973 insert—

"(3) This section does not apply to the provision or disclosure of information by the Ombudsman officer in accordance with section 16I, 16J, 16K, 16L, 16M or 17.".

70 Amendments relating to gender neutral language

(1) For section 3(5) of the Ombudsman Act 1973 substitute—

"(5) The Ombudsman ceases to hold office if the Ombudsman—

(a) resigns in writing and the resignation is accepted by the Governor in Council; or

(b) is removed from office upon the presentation of an address of both Houses of the Parliament praying for the Ombudsman's removal from office; or

(c) is suspended from office under section 4 and is not restored to office; or

(d) nominates for election for either House of the Parliament of Victoria or of any other State or Territory.".

(2) In the Ombudsman Act 1973—

(a) in section 4(1) for "him" substitute "the Ombudsman";

(b) in section 4(2)(b) for "his removal" substitute "the Ombudsman to be removed";



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(c) in section 5(2) for "his" (where twice occurring) substitute "the Ombudsman's";

(d) in section 6(2) for "he" substitute "the Acting Ombudsman";

(e) in section 8(2) for "his or her" (wherever occurring) substitute "their";

(f) in section 8(2)(a) and (b) for "he or she" substitute "the person";

(g) in section 9(1) for "his or her" (where twice occurring) substitute "their";

(h) in section 9(2) omit "his";

(i) in section 10(1) for "he or she" (where first occurring) substitute "the Ombudsman or Acting Ombudsman";

(j) in section 10(1) for "he or she" (where secondly occurring) substitute "they";

(k) in section 10(2) for "he or she" substitute "the member";

(l) in section 10(2)(a) for "his or her" substitute "their";

(m) in section 12(1) and (2) for "his or her" substitute "their";

(n) in section 13(2) for "he or she" substitute "the Ombudsman";

(o) in section 13AB(1) for "his or her functions or duties or exercise his or her powers" substitute "the functions or duties or exercise the powers of the Ombudsman";



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(p) in section 13AC(2) for "exercising his or her functions or duties or exercising his or her powers" substitute "performing the functions or duties or exercising the powers of the Ombudsman";

(q) in section 13A(2) for "on his or her" substitute "an";

(r) in section 16(1) and (2) for "him" substitute "the Ombudsman";

(s) in section 16A(1) for "investigation on his or her own motion" substitute "own motion investigation";

(t) in section 17(3) for "he" (where twice occurring) substitute "the Ombudsman";

(u) in section 17(7) for "his" substitute "the";

(v) in section 17(7) for "he" substitute "the Ombudsman";

(w) in section 18(1) for "he" substitute "the Ombudsman".


(a) in section 18(5) for "he" substitute "the person";

(b) in section 18E(2)(a) for "he or she" substitute "the person";

(c) in section 18E(4) omit "of him or her";

(d) in section 18F(6) for "his or her" substitute "the person's";

(e) in section 20(1)(b) for "himself" substitute "the person";

(f) in section 22(1)(a) and (b) for "him" substitute "that person";

(g) in section 22(1)(a) and (c) omit "his";



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(h) in section 22(1)(c) for "he" substitute "the person".


(a) in section 23(1) for "he" substitute "the Ombudsman";

(b) in section 23(2) for "his or her" substitute "the Ombudsman's";

(c) in section 23(5) for "him" substitute "the Ombudsman";

(d) in section 23(5) for "his making" substitute "the making of";

(e) in section 23(5) for "he" substitute "the Ombudsman";

(f) in section 25(1) and (2) for "his or her" substitute "the Ombudsman's";

(g) in section 25AA(3)(a) omit "his or her";

(h) in section 26 for "his functions" substitute "functions by the Ombudsman";

(i) in section 26 for "him" substitute "the Ombudsman".


(a) in section 26C(2)(d)(iii) for "his or her" substitute "their";

(b) in section 26F(2)(d) for "his or her" (where twice occurring) substitute "their";

(c) in section 26FA(5)(c) for "his or her" (where twice occurring) substitute "their";

(d) in section 28(5) omit "of which he or she".



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(a) in section 29(1) for "his" substitute "the Ombudsman's";

(b) in section 29(1) for "he" substitute "the Ombudsman or the officer";

(c) in section 29(2) for "his" substitute "the Ombudsman's";

(d) in section 29(3)(a) for "him" (wherever occurring) substitute "the Ombudsman";

(e) in section 29(4) for "his" (where first occurring) substitute "the Ombudsman's";

(f) in section 29(4) for "his" (where secondly occurring) substitute "the Ombudsman's or the officer's";

(g) in section 29(4) omit "his" (where thirdly occurring);

(h) in section 31(1) for "his" substitute "the Ombudsman's".


(a) in Schedule 1, in items 16, 17 and 18, omit "he or she is";

(b) in Schedule 2, in item 7(ma), for "his or her" substitute "their".



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Part 5—Public Interest Monitor Act 201171 Amendment of section 8—Eligibility for

appointment

In section 8(1) of the Public Interest Monitor Act 2011, for "Australian legal practitioner" substitute "Australian lawyer".

72 Amendment of section 12—Vacancy and registration

In section 12(i) of the Public Interest Monitor Act 2011, for "Australian legal practitioner" substitute "Australian lawyer".

73 Amendment of section 17—Confidentiality

(1) In section 17(1) of the Public Interest Monitor Act 2011—

(a) after "Public Interest Monitor" (where first occurring) insert "or assists or assisted a Public Interest Monitor";

(b) after "Public Interest Monitor" (where secondly occurring) insert "or in assisting a Public Interest Monitor".

(2) For section 17(2), (3) and (4) of the Public Interest Monitor Act 2011 substitute—

"(2) Subsection (1) does not apply to disclosure of information, other than lawfully intercepted information the disclosure of which is prohibited by section 63 of the Telecommunications (Interception and Access) Act 1979 of the Commonwealth, by a Public Interest Monitor in the performance of their functions as a Public Interest Monitor, including the disclosure of information to a person assisting the Public Interest Monitor in the performance of their



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functions or to another Public Interest Monitor.

(3) A person who is or was a Public Interest Monitor or a person assisting or who assisted a Public Interest Monitor is not compellable to disclose information obtained, or that came to the person's knowledge, in the course of or as a result of performing his or her functions or assisting a Public Interest Monitor in any proceedings before a court, board, commission or tribunal.".

74 New section 17A inserted—Immunity

After section 17 of the Public Interest Monitor Act 2011 insert—

"17A Immunity

(1) A Public Interest Monitor is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—

(a) in the performance of a function or the exercise of a power under this Act; or

(b) in the reasonable belief that the act or omission was in the course of the performance of a function or the exercise of a power under this Act.

(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to a Public Interest Monitor attaches instead to the State.".



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Part 6—Victorian Inspectorate Act 201175 New section 12A inserted—Specific powers in

relation to the IBAC

After section 12 of the Victorian Inspectorate Act 2011 insert—

"12A Specific powers in relation to the IBAC

(1) Without derogating from the generality of section 12, the Victorian Inspectorate has the duties and powers specified in this section for the purposes of performing the functions specified in section 11(2)(a), (b), (c) and (f).

(2) For the purposes of performing the functions specified in subsection (1), the Victorian Inspectorate—

(a) is entitled to have full and free access to all relevant records of the IBAC; and

(b) despite any other law, is entitled to make copies of, and to take extracts from, relevant records of the IBAC; and

(c) may require the IBAC or any IBAC personnel to give the Victorian Inspectorate any information in the possession or control of the IBAC that the Victorian Inspectorate considers on reasonable grounds is relevant to the performance of those functions; and

(d) may require in writing any IBAC personnel to attend at the office of the Victorian Inspectorate for the purpose of giving to the Victorian Inspectorate any information or document required by the Victorian Inspectorate which the Victorian Inspectorate considers on



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reasonable grounds is relevant to the performance of those functions.

(3) The IBAC must provide, and ensure that IBAC personnel provide, to the Victorian Inspectorate any assistance in connection with the performance of the functions specified in subsection (1) that the Victorian Inspectorate reasonably requires.".

76 New Division 1A inserted in Part 6—Preliminary inquiries

After section 48A of the Victorian Inspectorate Act 2011 insert—

"Division 1A—Preliminary inquiries48B The Victorian Inspectorate may conduct

preliminary inquiry

The Victorian Inspectorate may conduct a preliminary inquiry for the purpose of determining whether to investigate a complaint under section 44.

48C The Victorian Inspectorate may conduct a preliminary inquiry in relation to an own motion investigation

The Victorian Inspectorate may conduct a preliminary inquiry for the purpose of determining whether to conduct an own motion investigation into any matter or conduct under section 46.

48D Divisions 2 and 3 do not apply

Divisions 2 and 3 do not apply to, or in respect of, a preliminary inquiry.



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48E Persons to provide assistance

The IBAC, the Auditor-General, the Ombudsman and the Chief Examiner must provide any assistance to the Victorian Inspectorate that the Victorian Inspectorate reasonably requires in the conduct of a preliminary inquiry.".

77 Amendment relating to the Legal Profession Uniform Law (Victoria)

In the note to section 21(12)(a) of the Victorian Inspectorate Act 2011, for "Legal Profession Act 2004" substitute "Legal Profession Uniform Law (Victoria)".



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Part 7—Amendment of other Acts78 Amendment of section 61 of the Commission for

Children and Young People Act 2012—Mandatory notification of corrupt conduct to IBAC

(1) For section 61(1) of the Commission for Children and Young People Act 2012 substitute—

"(1) Subject to any exemption notice issued under section 57B of the Independent Broad-based Anti-corruption Commission Act 2011, the Commission must notify the IBAC of any matter that the Commission suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Commission becomes aware in the performance of functions or the exercise of powers under this Act or any other Act.".

(2) In section 61(3) of the Commission for Children and Young People Act 2012, for "section 49C" substitute "section 73".

(3) In section 61(4) of the Commission for Children and Young People Act 2012 omit "serious".

79 Amendment of section 19A of the Electoral Act 2002—Mandatory notification of corrupt conduct to IBAC

For section 19A(1) of the Electoral Act 2002 substitute—

"(1) Subject to any exemption notice issued under section 57B of the Independent Broad-based Anti-corruption Commission Act 2011, the Electoral Commissioner must notify the IBAC of any matter that the Electoral Commissioner suspects on



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reasonable grounds involves corrupt conduct occurring or having occurred, of which the Electoral Commissioner becomes aware in the performance of functions or duties or the exercise of powers under this Act or any other Act.".

80 Amendment of section 54C of the Environment Protection Act 1970—Mandatory notification of corrupt conduct to IBAC

(1) For section 54C(1) of the Environment Protection Act 1970 substitute—

"(1) Subject to any exemption notice issued under section 57B of the Independent Broad-based Anti-corruption Commission Act 2011, the Chairman must notify the IBAC of any matter that the Chairman suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Chairman becomes aware in the performance of functions or duties or the exercise of powers under this Act or any other Act.".

(2) In section 54C(4) of the Environment Protection Act 1970 omit "serious".

81 Amendment of section 46 of the Health Records Act 2001—Complaint to Health Services Commissioner

In section 46 of the Health Records Act 2001, for "section 16H" substitute "section 16I".

82 Amendment of section 6 of the Legal Aid Act 1978—Functions and powers

In section 6 of the Legal Aid Act 1978—

(a) in subsection (3)(a), for "a prescribed" substitute "the prescribed";



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(b) in subsection (4), for "section 82ZI" substitute "section 151".

83 Amendment of sections 223B and 223CC of the Local Government Act 1989

(1) After section 223B(6) of the Local Government Act 1989 insert—

"(7) If the Chief Municipal Inspector considers at any time that any matter referred to the Chief Municipal Inspector by the IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011 appears to involve conduct that is corrupt conduct, the Chief Municipal Inspector must inform the IBAC.".

(2) After section 223CC(6) of the Local Government Act 1989 insert—

"(7) If a municipal monitor considers at any time that any matter referred to the municipal monitor by the IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011 appears to involve conduct that is corrupt conduct, the municipal monitor must inform the IBAC.".

84 Amendment of section 4 of the Protected Disclosure Act 2012—Meaning of improper conduct

(1) After section 4(2)(d) of the Protected Disclosure Act 2012 insert—

"(da) of a person (the first person) intended to adversely affect the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body and result in the first person or an associate of the first person obtaining—



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(i) a licence, permit, approval, authority or other entitlement under any Act or subordinate instrument; or

(ii) an appointment to a statutory office or as a member of the board of any public body under any Act or subordinate instrument; or

(iii) a financial benefit or real or personal property; or

(iv) any other direct or indirect monetary or proprietary gain—

that they would not have otherwise obtained; or".

(2) In section 4(2)(e) of the Protected Disclosure Act 2012, for "or (d)" substitute ", (d) or (da)".

(3) After section 4(2) of the Protected Disclosure Act 2012 insert—

"(2A) For the purposes of section 4(2)(da), the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body may be adversely affected notwithstanding that the public officer or public body does not engage in any corrupt conduct or other misconduct in performing or exercising those functions or powers.

(2B) For the purposes of section 4(2)(da), an associate of a first person is—

(a) a person or entity who has an agreement, arrangement or understanding with the first person or holds any relevant financial interest in any business of the first person;

(b) if the first person is a natural person, a person who is a relative of the first



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person;

(c) if the first person is a body corporate—

(i) an entity of whom the first person is an associate within the meaning of section 11 of the Corporations Act; or

(ii) an employee or officer of a related body corporate within the meaning of the Corporations Act to the first person.

(2C) For the purposes of subsection (2B)—

relative means—

(a) the spouse or domestic partner of the first person;

(b) a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the first person;

(c) a step-father, step-mother, legal guardian, step-son, step-daughter, step-brother, step-sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law of the first person;

(d) a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the spouse or domestic partner of the first person;

(e) a step-father, step-mother, legal guardian, step-son, step-daughter, step-brother, step-sister,



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father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law of the spouse or domestic partner of the first person;

relevant financial interest includes any share in the capital of a business of the first person or any entitlement to receive any income or payment from a business of the first person.".

85 Amendment of section 26 of the Protected Disclosure Act 2012—Assessment of disclosure and determination by the IBAC

(1) In section 26(1) of the Protected Disclosure Act 2012—

(a) in paragraph (c), for "IBAC." substitute "IBAC; or";

(b) after paragraph (c) insert—

"(d) a disclosure is made or notified to the IBAC in accordance with any other Act.".

(2) For section 26(2) of the Protected Disclosure Act 2012 substitute—

"(2) The IBAC—

(a) must assess whether, in its view, a disclosure specified in subsection (1)(a), (b) or (c) is a protected disclosure;

(b) may assess whether, in its view, a disclosure specified in subsection (1)(d) is a protected disclosure.".



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86 Amendment of section 73 of the Public Administration Act 2004—Mandatory notification of corrupt conduct to IBAC

For section 73(1) of the Public Administration Act 2004 substitute—

"(1) Subject to any exemption notice issued under section 57B of the Independent Broad-based Anti-corruption Commission Act 2011, the Commissioner must notify the IBAC of any matter that the Commissioner suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Commissioner becomes aware in the performance of functions or duties or the exercise of powers under this Act or any other Act.".

87 Amendment of section 37G of the Racing Act 1958—Mandatory notification of corrupt conduct to IBAC

(1) For section 37G(1) of the Racing Act 1958 substitute—

"(1) Subject to any exemption notice issued under section 57B of the Independent Broad-based Anti-corruption Commission Act 2011, the Racing Integrity Commissioner must notify the IBAC of any matter that the Racing Integrity Commissioner suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Racing Integrity Commissioner becomes aware in the performance of functions or the exercise of powers under this Act or any other Act.".

(2) In section 37G(4) of the Racing Act 1958 omit "serious".



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88 Amendment of section 20A—Surveillance Devices Act 1999—Revocation of surveillance device warrant

In section 20A(4) of the Surveillance Devices Act 1999, after "magistrate" insert "or the chief officer of the law enforcement agency".

89 Amendment of section 613 of the Workplace Injury Rehabilitation and Compensation Act 2013—Mandatory notification of corrupt conduct to IBAC

(1) For section 613(1) of the Workplace Injury Rehabilitation and Compensation Act 2013 substitute—

"(1) Subject to any exemption notice issued under section 57B of the Independent Broad-based Anti-corruption Commission Act 2011, the Chief Executive Officer of the Authority must notify the IBAC of any matter that the Chief Executive Officer of the Authority suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Chief Executive Officer of the Authority becomes aware in the performance of functions or the exercise of powers under this Act or any other Act.".

(2) In section 613(4) of the Workplace Injury Rehabilitation and Compensation Act 2013 omit "serious".



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Part 8—Audit Act 1994—Accountability amendments

90 Amendment of section 1—Purposes

After section 1(a) of the Audit Act 1994 insert—

"(aa) without limiting the generality of paragraph (a), performance audits of authorities includes having regard to information called for from an associated entity to the extent necessary to ensure that the objectives specified in section 3A are achieved;".

91 Amendment of section 3—Definitions

In section 3(1) of the Audit Act 1994 insert the following definitions—

"associated entity means any person or body that provides services or performs functions for, or on behalf of, an authority, or on behalf of the State, for which an authority is responsible, and without limiting the generality of this definition includes—

(a) a contracted service provider or sub-contractor of the authority;

(b) an agent or delegate of the authority;

(c) the holder of a concession granted by the authority;

(d) a trustee of the authority;

(e) a person or body that has entered into—

(i) a partnership; or

(ii) an arrangement for sharing of profits; or

(iii) a union of interest; or



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(iv) a co-operative arrangement; or

(v) a joint venture; or

(vi) a reciprocal concession—

with the authority;

(f) a third party contractor;

third party contractor means a person or body that—

(a) enters into a contract with another associated entity or a contractor to another associated entity; or

(b) enters into a subcontract in a chain of contracts in which the primary contract is with another associated entity or a contractor to another associated entity;".

92 Amendment of section 3A—Objectives

(1) After section 3A(1)(b)(ii) of the Audit Act 1994 insert—

"(iii) there has been any wastage of public resources or any lack of probity or financial prudence in the management or application of public resources in the Victorian public sector;".

(2) After section 3A(1)(c) of the Audit Act 1994 insert—

"(ca) to ensure that the Auditor-General has the necessary powers when conducting a performance audit of an authority which involves information called for from an associated entity;".

(3) Section 3A(2) of the Audit Act 1994 is repealed.



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93 New section 3B inserted—Extra-territorial operation of Part 3

After section 3A of the Audit Act 1994 insert—

"3B Extra-territorial operation of Part 3

(1) This section applies to Part 3 and section 16C.

(2) Part 3 applies outside Victoria to the full extent of the legislative power of the State of Victoria.

(3) Without derogating from subsections (1) and (2), it is Parliament's intention that the operation of Part 3 should, so far as possible, include operation in relation to the following—

(a) land situated outside Victoria, whether in or outside Australia;

(b) things situated outside Victoria, whether in or outside Australia;

(c) acts, omissions and transactions done, entered into or occurring outside Victoria, whether in or outside Australia;

(d) things, acts, omissions and transactions (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.

(4) Nothing in this section limits the operation of any other provision of this Act.".



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94 Amendment of section 7A—Auditor-General's annual plan

After section 7A(1) of the Audit Act 1994 insert—

"(1A) The proposed work program described in the draft annual plan under subsection (1) must include details of any performance audit which involves information called for from an associated entity.

(1B) Despite subsection (1A), a failure to include details of an authority or associated entity in the annual plan does not affect the power of the Auditor-General to conduct a performance audit of an authority, including a performance audit which involves information called for from an associated entity.".

95 Consequential amendment of section 11D—Advance notice of performance audits

(1) In section 11D of the Audit Act 1994, for "section 15(2)" substitute "section 15".

(2) At the end of section 11D of the Audit Act 1994 insert—

"(2) If an associated entity relevant to a performance audit is identified after the performance audit has been commenced, the Auditor-General must provide a copy of an updated version of the specification to any relevant authority and the associated entity within a reasonable time before calling for information from that associated entity.".



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96 Amendment of section 12—Access to information

After section 12(3) of the Audit Act 1994 insert—

"(4) This section extends and applies to an associated entity and to persons employed by the associated entity.".

97 Amendment of section 15—Performance audits

For section 15(2) and (3) of the Audit Act 1994 substitute—

"(2) In the course of conducting an audit under subsection (1), the Auditor-General may consider the effectiveness, economy and efficiency of services provided or functions performed by an associated entity for, or on behalf of, an authority, or on behalf of the State, for which an authority is responsible.

(3) An audit having regard to information called for from an associated entity of an authority under this Act is limited to any matter relating to the use of public funds that are, or were, held or received by the authority and given to any associated entity, in accordance with the specification of the performance audit.

(4) Subject to subsection (5), before conducting a performance audit, the Auditor-General must prepare a specification for the audit that sets out the particular objectives of the audit and any particular issues to be addressed in consultation with—

(a) the authority; and

(b) at the discretion of the Auditor-General, any associated entity.



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(5) The Auditor-General must consult the Parliamentary Committee before conducting a performance audit if—

(a) it is—

(i) a collaborative audit; or

(ii) an audit that was not included in the annual plan; or

(iii) an audit that was included in the annual plan but there has been a material change to the objectives or issues to be addressed; or

(iv) an audit of an authority which involves information called for from an associated entity that has been identified before the specification is prepared; or

(b) the Committee has requested that it be consulted.

(6) If the Parliamentary Committee or an authority or associated entity does not respond to a request from the Auditor-General for comment on a draft specification for an audit within 15 business days of receiving the request—

(a) the Parliamentary Committee or authority or associated entity is to be taken to have no comment on the draft specification; and

(b) the Auditor-General may finalise the specification.

(7) The following provisions apply to an audit which involves information called for from an associated entity referred to in subsection (2) and apply (where appropriate) as if any references in those provisions to an



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authority were references to an associated entity—

(a) section 3A (objectives);

(b) section 3B (extra-territorial operation of Part 3);

(c) section 11 (power to call for persons or documents);

(d) section 11A (Auditor-General to report to Victorian Inspectorate on calling for persons or documents);

(e) section 11B (requirement given to person under 16 years);

(f) section 11C (legal advice and representation);

(g) section 11D (advance notice of performance audits);

(h) section 11E (further provisions relating to appearances);

(i) section 11F (audio or video recording of compulsory appearances);

(j) section 11G (protection of legal practitioners and witnesses at compulsory appearances);

(k) section 12 (access to information);

(l) section 13 (auditing standards);

(m) section 14 (offences);

(n) section 16 (audit reports to Parliament);

(o) section 16F (information to public officials during the course of an audit);

(p) section 20 (content of reports);

(q) section 20A (improper use of information).".



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98 Amendment of section 16—Audit reports to Parliament

(1) After section 16(2) of the Audit Act 1994 insert—

"(2A) The Auditor-General must not include in a report under this Act or any other Act any information that could lead to the disclosure of—

(a) a trade secret; or

(b) matters of a business, commercial or financial nature the disclosure of which could unreasonably expose any person, authority or associated entity to any material disadvantage—

unless the Auditor-General is satisfied that the public interest requires the inclusion of the information in the report.".

(2) In section 16(3) of the Audit Act 1994—

(a) in paragraph (a)(i) after "authority" insert "or associated entity";

(b) in paragraph (b) after "authority" (where first and secondly occurring) insert "; associated entity";

(c) in paragraph (b)(ii) after "authority" insert "or associated entity".


"(3A) The Auditor-General must give a copy of a proposed report to the Department Head of the Department of Premier and Cabinet.".

(4) In section 16(4) of the Audit Act 1994, after "authority" insert ", associated entity".



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"(4A) The report of a performance audit that includes information called for from an associated entity about services provided, or functions performed by, an associated entity for, or on behalf of, an authority, or on behalf of the State, for which an authority is responsible, must—

(a) only direct any recommendation to that authority; and

(b) not express an opinion about the associated entity that is not directly related to the Auditor-General's determination of the matters set out in section 15(1).".

99 New section 16FA inserted—Collaboration with other Auditors-General

After section 16F of the Audit Act 1994 insert—

"16FA Collaboration with other Auditors-General

(1) The Auditor-General may collaborate with the Auditor-General of another jurisdiction with respect to any matter that is the subject of an agreement between Victoria and the other jurisdiction relating to the provision by Victoria of funding for, or expenditure on, that matter.

(2) Subsection (1) does not empower the Auditor-General to conduct a joint audit with the Auditor-General of another jurisdiction.

(3) Despite anything to the contrary in this Act, the Auditor-General may share with the Auditor-General of another jurisdiction any information collected in the course of an



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audit under this Act or any other Act other than information which is—

(a) contained in a cabinet document within the meaning of section 28 of the Freedom of Information Act 1982; or

(b) information which relates to matters of a business, commercial or financial nature, the disclosure of which would be likely to unreasonably expose a person, an authority or an associated entity to disadvantage.

(4) Information provided under subsection (3) that has not already been published may only be provided on the condition that it is not disclosed or published by the Auditor-General to whom it is provided.

(5) The Auditor-General must report on the sharing of information in accordance with this section—

(a) in the relevant report of the audit in the course of which the information was obtained; or

(b) if the sharing of information occurs after the relevant report of the audit has been prepared, in the next annual report.

(6) In this section—

another jurisdiction means—

(a) the Commonwealth; or

(b) another Australian State; or

(c) an Australian Territory.".



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100 Amendment of section 20A—Improper use of information

(1) In section 20A(2)(a) of the Audit Act 1994, before "in" insert "where the person is an officer or employee of an authority,".

(2) In section 20A(3) of the Audit Act 1994—

(a) for "section 16F" substitute "sections 15, 16F or 19C";

(b) in paragraph (a) after "duties" insert "where the person received the information pursuant to section 16F or 19C";

(c) in paragraph (b) after "Auditor-General" insert "where the person received the information pursuant to section 15".

101 Repeals

Sections 22, 23 24, 26, 27 and 28 of the Audit Act 1994 are repealed.



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Part 9—Repeal of amending Act102 Repeal of amending Act

This Act is repealed on 10 December 2017.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


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http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 10 December 2015

Legislative Council: 24 March 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Independent Broad-based Anti-corruption Commission Act 2011, the Audit Act 1994, the Ombudsman Act 1973, the Public Interest Monitor Act 2011 and the Victorian Inspectorate Act 2011 to implement a stronger system of integrity and accountability, to consequentially amend certain other Acts and for other purposes."

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