{"id":"victorian-inspectorate-act-2011","name":"Integrity Oversight Victoria Act 2011","slug":"integrity-oversight-victoria-act-2011","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177918,"registerId":"vic-victorian-inspectorate-act-2011-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"33","sectionType":"section","heading":"Unauthorised disclosures or provision of information 62","content":"33 Unauthorised disclosures or provision of information 62\n\n","sortOrder":0},{"sectionNumber":"34","sectionType":"section","heading":"Special provision applying in respect of function under section 11(2)(g) 63","content":"34 Special provision applying in respect of function under section 11(2)(g) 63\n\n35 Special provisions applying in respect of functions under section 11(2)(i) and (j) and Major Crime (Investigative Powers) Act 2004 64\n\n36 Integrity Oversight Victoria may provide or disclose information for specified purposes 65\n\n36A Disclosure of information by Integrity Oversight Victoria 66\n\n36B Disclosure of findings in relation to Parliamentary Workplace Standards and Integrity Commissioners 68\n\n37 Restrictions on compelling production or disclosure 69\n\nDivision 3—Confidentiality notices 70\n\n38 Confidentiality notice 70\n\n39 Disclosure subject to confidentiality notice 74\n\nPart 3—Matters to be reported to Integrity Oversight Victoria by the IBAC 80\n\n40 Coercive questioning 80\n\n40A Review of notices etc. provided by the IBAC 81\n\nPart 4—Matters to be reported to Integrity Oversight Victoria by the Auditor‑General 83\n\n41 Coercive questioning 83\n\n41A Review of notices etc. provided by the Auditor-General 84\n\nPart 5—Matters to be reported to Integrity Oversight Victoria by the Ombudsman 86\n\n42 Coercive questioning 86\n\n42AA Review of notices etc. provided by the Ombudsman 87\n\nPart 5A—Matters to be reported to Integrity Oversight Victoria by the Information Commissioner 89\n\n42A Coercive questioning 89\n\nPart 5B—Matters to be reported to Integrity Oversight Victoria by other persons and bodies 91\n\n42B Review of notices etc. provided by the Chief Examiner 91\n\n42C Review of notices etc. provided by the Information Commissioner 92\n\n42F Review of information provided by Parliamentary Workplace Standards and Integrity Commission 94\n\nPart 6—Investigations and inquiries 97\n\nDivision 1—Investigations 97\n\n43 Complaints 97\n\n43A Form of complaint 102\n\n44 Investigation of complaint 102\n\n44A Integrity Oversight Victoria may refuse to investigate certain public interest complaints 105\n\n44B Investigation of public interest complaint when other proceedings on foot 106\n\n45 Advice to person who made public interest complaint 107\n\n46 Own motion investigation 109\n\n47 Conduct of investigation 112\n\n48 Requirement to provide assistance 120\n\n48A Withdrawal of complaint 122\n\nDivision 1A—Preliminary inquiries 123\n\n48B Integrity Oversight Victoria may conduct preliminary inquiry 123\n\n48C Integrity Oversight Victoria may conduct a preliminary inquiry in relation to an own motion investigation 123\n\n48D Divisions 2 and 3 do not apply 124\n\n48E Persons to provide assistance 124\n\nDivision 2—Inquiries 124\n\n49 Power to hold inquiry 124\n\n50 Conduct of inquiry 124\n\n51 Examination must be held in private 125\n\n52 Integrity Oversight Victoria may give directions or order 127\n\n53 Witness summons 128\n\n54 Content and form of witness summons 130\n\n55 Witness summons directed to person under 16 years 133\n\n56 Service of witness summons 133\n\n57 Supreme Court may order service by other means 136\n\n57A Witness already held in custody 137\n\n58 Legal representation of witnesses and other persons 138\n\n59 Specific provisions relating to witnesses 141\n\n60 Actions to be taken before questioning of a witness or requiring production of a document or other thing 142\n\n61 Witness attending examination in relation to investigation of public interest complaint to be informed of confidentiality obligations 144\n\n62 Power to examine on oath or affirmation 144\n\n63 Powers of entry, inspection and seizure 145\n\n64 Offence for summoned witness to fail to attend examination 150\n\n65 Offence for summoned witness to refuse or fail to answer question 151\n\n66 Offence for summoned witness to fail to produce document or other thing 152\n\n67 Offence to fail to take oath or make affirmation 152\n\n67A Act applies equally to attendance in person or by audio visual link or audio link 152\n\nDivision 3—Privileges and secrecy provisions applying to inquiries 154\n\n68 Privileges and secrecy generally 154\n\n69 Journalist privilege does not apply 158\n\n70 Privilege against self-incrimination abrogated—witness summons 158\n\n71 Protection of legal practitioners and witnesses 159\n\nDivision 4—Contempt 160\n\n72 Contempt of Integrity Oversight Victoria 160\n\n73 Charging and arresting a person for contempt 161\n\n74 Bail pending court appearance for contempt 162\n\n75 Custody pending court appearance for contempt 163\n\n76 Supreme Court to deal with contempt 164\n\n77 Act or omission constituting both an offence and contempt 164\n\nPart 7—Recommendations and reports 165\n\nDivision 1—Recommendations and action on completion of investigation 165\n\n78 Recommendation to IBAC 165\n\n79 Recommendation for further action in respect of IBAC personnel 166\n\n80 Recommendation to the Auditor-General 167\n\n81 Recommendation for further action in respect of VAGO officers 168\n\n82 Recommendation to the Ombudsman 169\n\n83 Recommendation for further action in respect of Ombudsman officers 170\n\n83A Recommendation to Parliamentary Workplace Standards and Integrity Commission 171\n\n83B Recommendation for further action in respect of Parliamentary Workplace Standards and Integrity Commission officers 172\n\n84 Recommendation to the Chief Examiner 173\n\n85 Recommendation for further action 174\n\n85A Recommendation to the Information Commissioner 175\n\n85B Recommendation for further action in respect of officers of the Office of the Victorian Information Commissioner 177\n\n85C Recommendation to the Judicial Commission 178\n\n85D Recommendations in relation to a Public Interest Monitor 179\n\n85E Recommendation for further action in respect of a Public Interest Monitor 179\n\n86 Recommendations must not include information likely to identify person who makes an assessable disclosure 181\n\n86A Recommendations relating to Public Interest Monitor must not include certain information 181\n\n87 Special reports 183\n\n87A Advance copy of report to Parliament 188\n\n88 Advice to a complainant and other persons 189\n\n89 Outcome of investigation 193\n\n90 Powers of Integrity Oversight Victoria after investigation 201\n\nDivision 2—Budget, annual plan and performance audit 201\n\n90A Budget 201\n\n90B Annual plan 202\n\n90C Transmission of annual plan to Parliament 203\n\n90D Independent performance audit 204\n\n90E Report of independent performance auditor 206\n\n91 Matters to be included in annual report 209\n\nDivision 3—Miscellaneous 221\n\n92 Persons who receive reports or information prior to publication 221\n\nPart 8—General 223\n\nDivision 1—Miscellaneous 223\n\n92A Complaints etc. by detained person 223\n\n93 Immunity 225\n\n94 Offence to impersonate an Integrity Oversight Victoria Officer 225\n\n95 Offence to hinder or obstruct an Integrity Oversight Victoria Officer 225\n\n96 Compliance with direction or requirement 226\n\n97 Statement which is false or misleading 226\n\n97AA Offence to disclose certain advice or information received from Integrity Oversight Victoria 227\n\n97A Criminal liability of officers of bodies corporate—accessorial liability 230\n\n97B Maximum fine for body corporate 232\n\n98 Responsible agency for the Crown 232\n\n99 Proceedings against successors to public bodies 233\n\n100 Power to bring proceedings 233\n\n101 Validity and effect of notices, orders and other documents and deemed service 234\n\n102 Exemption from Freedom of Information Act 1982 234\n\n103 Regulations 236\n\n104 Regulations—specific matters 237\n\n106 Schedule 238\n\nDivision 2—Saving and transitional provisions arising from Victorian Inspectorate name change 239\n\n107 Definition for this Division 239\n\n108 Operation of Interpretation of Legislation Act 1984 239\n\n109 Construction of references 239\n\n110 Saving provision—Victorian Inspectorate 240\n\n111 Saving provision—Inspector 240\n\nSchedule 241\n\n═══════════════\n\nEndnotes 251\n\n1 General information 251\n\n2 Table of Amendments 253\n\n3 Explanatory details 258\n\n**Version No.** **051**\n\n**Integrity Oversight Victoria Act 2011**\n\n**No. 70 of 2011**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts:**\n\n","sortOrder":1},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary[[1]](#endnote-2)","content":"Part 1—Preliminary[[1]](#endnote-2)\n\nS. 1 amended by Nos 19/2012 s. 3, 82/2012 s. 197, 31/2024 s. 113(Sch. 1 item 1.1).\n\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"Purpose","content":"\t1 Purpose\n\nThe purpose of this Act is to establish Integrity Oversight Victoria to provide oversight of other integrity, accountability or investigatory bodies or officers, including the Independent Broad-based Anti-corruption Commission and to monitor compliance by a Public Interest Monitor with the prescribed obligations.\n\n","sortOrder":3},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 July 2012, it comes into operation on that day.\n\nS. 3 amended by No. 19/2012 s. 4(3) (ILA s. 39B(1)).\n\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *arrest warrant* inserted by No. 19/2012 s. 4(1).\n\n***arrest warrant*** means an arrest warrant issued under section 73(1)(b);\n\nS. 3(1) def. of *assessable disclosure* inserted by No. 85/2012 s. 106, amended by No. 2/2019 s. 58(2)(a).\n\n***assessable disclosure*** has the same meaning as in the **Public Interest Disclosures Act 2012**;\n\nS. 3(1) def. of *audit* inserted by No. 82/2012 s. 198.\n\n***audit*** has the meaning given in section 3(1) of the **Audit Act 1994**;\n\nS. 3(1) def. of A*uditor-General* inserted by No. 82/2012 s. 198.\n\n***Auditor-General*** has the meaning given in section 3(1) of the **Audit Act 1994**;\n\nS. 3(1) def. of *Australian legal practitioner* repealed by No. 17/2014 s. 160(Sch. 2 item 106).\n\nS. 3(1) def. of *authorised legal representative* inserted by No. 11/2021 s. 171.\n\n***authorised legal representative*** of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;\n\nS. 3(1) def. of *certificate of charge* inserted by No. 19/2012 s. 4(1).\n\n***certificate of charge*** means a certificate of charge issued under section 73(1)(a);\n\nS. 3(1) def. of *Chief Commis-sioner of Police* inserted by No. 82/2012 s. 26(1), amended by No. 37/2014 s. 10(Sch. item 179.1(b)).\n\n***Chief Commissioner of Police*** means the Chief Commissioner of Police appointed under section 17 of the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *Chief Examiner* inserted by No. 82/2012 s. 26(1).\n\n***Chief Examiner*** means the Chief Examiner appointed under Part 3 of the **Major Crime (Investigative Powers) Act 2004**;\n\nS. 3(1) def. of *Chief Integrity Inspector* inserted by No. 31/2024 s. 113(Sch. 1 item 1.2(a)).\n\n***Chief Integrity Inspector*** means the person appointed under section 18;\n\nS. 3(1) def. of *coercive power* inserted by No. 82/2012 s. 26(1), amended by Nos 16/2016 s. 177(a), 20/2017 s. 107(a), 2/2019 ss 131(1), 202, 12/2019 s. 10, 21/2020 s. 84(2), 31/2024 s. 97(1), 35/2025 s. 91(a).\n\n***coercive power*** means—\n\n(a) in relation to a VAGO officer, any power of the Auditor-General or another VAGO officer under sections 30 and 43 of the **Audit Act 1994**;\n\n(b) in relation to an Ombudsman officer—any power of the Ombudsman or a member of the Ombudsman staff under Division 3 of Part IV of the **Ombudsman Act 1973**; or\n\n(c) in relation to the Chief Examiner or an Examiner—\n\n(i) the power of the Chief Examiner to issue a witness summons under section 15 of the **Major Crime (Investigative Powers) Act 2004**;\n\n(ii) the power of the Chief Examiner to make an order under section 18 of the **Major Crime (Investigative Powers) Act 2004**;\n\n(iii) the power under section 35A of the **Major Crime (Investigative Powers) Act 2004**;\n\n(iv) the power to require the production of documents or the giving of evidence at an examination under Part 4 of the **Major Crime (Investigative Powers) Act 2004**;\n\n(d) in relation to an officer of the Office of the Victorian Information Commissioner—\n\n(i) the power to issue a notice under sections 49KB, 61I(4) and 61P(2) of the **Freedom of Information Act 1982**, including the power to vary or revoke the notice under section 61V of that Act; or\n\n(ii) the power to issue a notice under section 68 or 79 of the **Privacy and Data Protection Act 2014**, including the power to vary or revoke the notice under section 83B of that Act;\n\n(da) in relation to the Judicial Commission, the power of the Judicial Commission to require the officer concerned to undergo a medical examination under section 29 of the **Judicial Commission of Victoria Act 2016**;\n\n(e) in relation to an investigating panel—\n\n(i) the power of an investigating panel to require the officer concerned to undergo a medical examination under section 57 of the **Judicial Commission of Victoria Act 2016**; or\n\n(ii) the power of an investigating panel to require the production of any document or thing under section 69 of the **Judicial Commission of Victoria Act 2016**; or\n\n(iii) the power of an investigating panel to issue a witness summons under section 70 of the **Judicial Commission of Victoria Act 2016**; or\n\n(iv) the power of a member of an investigating panel to examine a person under oath or affirmation under section 78 of the **Judicial Commission of Victoria Act 2016**; or\n\n(v) the power to apply for a search warrant under section 84 of the **Judicial Commission of Victoria Act 2016**;\n\n***Commissioner*** has the same meaning as it has in section 3 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *Commis-sioner of the Wage Inspectorate Victoria* inserted by No. 21/2020 s. 84(1), repealed by No. 35/2025 s. 91(b).\n\nS. 3(1) def. of *confidentiality notice* inserted by No. 19/2012 s. 4(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.2(b)).\n\n***confidentiality notice*** means a notice issued by Integrity Oversight Victoria under section 38(1);\n\n***Deputy Commissioner*** has the same meaning as it has in section 3 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *detained person* inserted by No. 59/2014 s. 25, amended by Nos 2/2019 s. 131(2), 19/2019 s. 274, 39/2022 s. 881, 9/2023 ss 252, 263.\n\n***detained person*** means—\n\n(a) a person in prison in the legal custody of the Secretary to the Department of Justice in accordance with the **Corrections Act 1986**; or\n\n(b) a person in a police gaol in the legal custody of the Chief Commissioner of Police in accordance with the **Corrections Act 1986**; or\n\n(c) a person in a remand centre, youth justice centre or youth residential centre in the legal custody of the Secretary to the Department of Justice and Community Safety in accordance with the **Children, Youth and Families Act 2005**; or\n\n(d) a patient detained in a designated mental health service within the meaning of the **Mental Health and Wellbeing Act 2022**; or\n\n(e) a person detained in a residential service, SDA dwelling or residential treatment facility under Part 8 of the **Disability Act 2006**; or\n\n(ea) a person in accommodation approved for supervised treatment under section 187 of the **Disability Act 2006**; or\n\n(f) a person detained at a treatment centre under a detention and treatment order made under section 20 of the **Severe Substance Dependence Treatment Act 2010**;\n\nS. 3(1) def. of *disciplinary process or action* inserted by No. 19/2012 s. 4(1), amended by No. 37/2014 s. 10(Sch. item 179.1(c)).\n\n***disciplinary process or action*** means in relation to a person's employment or appointment as a public sector employee or a member of Victoria Police personnel—\n\n(a) any process undertaken for the purposes of determining what, if any, disciplinary action is warranted in relation to a breach or possible breach of the person's terms and conditions of employment;\n\n(b) any action taken following a process specified in paragraph (a) that is permitted under legislation or the person's terms and conditions of employment;\n\n(c) any review process or proceeding, including an appeal process or proceeding, in relation to a process specified in paragraph (a) or an action specified in paragraph (b);\n\n(d) any administrative or judicial process or proceeding involving a claim for any remedy in relation to a process specified in paragraph (a) or an action specified in paragraph (b);\n\nS. 3(1) def. of *domestic partner* inserted by No. 19/2012 s. 4(1).\n\n***domestic partner*** of a person means—\n\n(a) a person who is in a registered relationship with a person; or\n\nA registered relationship is defined in subsection (2).\n\n(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);\n\nS. 3(1) def. of *Examiner* inserted by No. 82/2012 s. 26(1).\n\n***Examiner*** means an Examiner appointed under Part 3 of the **Major Crime (Investigative Powers) Act 2004**;\n\n***IBAC*** has the same meaning as it has in section 3 of the **Independent Broad-based  \nAnti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *IBAC Committee* repealed by No. 2/2019 s. 197(1)(a).\n\n***IBAC Officer*** has the same meaning as it has in section 3 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *IBAC personnel* substituted by No. 19/2012 s. 4(2).\n\n***IBAC personnel*** means—\n\n(a) an IBAC Officer;\n\n(b) a person who was formerly an IBAC Officer;\n\nS. 3(1) def. of *Information Commis-sioner* inserted by No. 20/2017 s. 107(b).\n\n***Information Commissioner*** means the Information Commissioner appointed under section 6C of the **Freedom of Information Act 1982**;\n\nS. 3(1) def. of *Inspector* repealed by No. 31/2024 s. 113(Sch. 1 item 1.3).\n\nS. 3(1) def. of *Integrity and Oversight Committee* inserted by No. 2/2019 s. 197(1)(b).\n\n***Integrity and Oversight Committee*** means the Integrity and Oversight Committee established by section 5(a) of the **Parliamentary Committees Act 2003**;\n\nS. 3(1) def. of *Integrity Oversight Victoria* inserted by No. 31/2024 s. 113(Sch. 1 item 1.2(a)).\n\n***Integrity Oversight Victoria*** means the body established by section 8(1);\n\nS. 3(1) def. of *Integrity Oversight Victoria Officer* inserted by No. 31/2024 s. 113(Sch. 1 item 1.2(a)).\n\n***Integrity Oversight Victoria Officer*** means—\n\n(a) the Chief Integrity Inspector; or\n\n(b) a member of staff of Integrity Oversight Victoria; or\n\n(c) a person engaged by Integrity Oversight Victoria to provide Integrity Oversight Victoria with services, information or advice;\n\nS. 3(1) def. of *investigating panel* inserted by No. 16/2016 s. 177(b).\n\n***investigating panel*** has the same meaning as in Part IIIAA of the **Constitution Act 1975**;\n\nS. 3(1) def. of *Judicial Commission* inserted by No. 16/2016 s. 177(b).\n\n***Judicial Commission*** has the same meaning as in Part IIIAA of the **Constitution Act 1975**;\n\nS. 3(1) def. of *member of Victoria Police personnel* inserted by No. 37/2014 s. 10(Sch. item 179.1(a)).\n\n***member of Victoria Police personnel*** has the same meaning as it has in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *office of the Ombudsman* inserted by No. 82/2012 s. 261.\n\n***office of the Ombudsman*** has the meaning given in section 2(1) of the **Ombudsman Act 1973**;\n\nS. 3(1) def. of *Office of the Special Investigator* inserted by No. 50/2021 s. 103, repealed by No. 31/2023 s. 18.\n\nS. 3(1) def. of *OSI officer* inserted by No. 50/2021 s. 103, repealed by No. 31/2023 s. 18.\n\nS. 3(1) def. of *OSI personnel* inserted by No. 50/2021 s. 103, repealed by No. 31/2023 s. 18.\n\nS. 3(1) def. of *Office of the Victorian Information Commis-sioner* inserted by No. 20/2017 s. 107(b).\n\n***Office of the Victorian Information Commissioner*** means the Office of the Victorian Information Commissioner established under section 6B of the **Freedom of Information Act 1982**;\n\nS. 3(1) def. of *officer of the Office of the Victorian Information Commis-sioner* inserted by No. 20/2017 s. 107(b).\n\n***officer of the Office of the Victorian Information Commissioner*** means—\n\n(a) the Information Commissioner appointed under section 6C of the **Freedom of Information Act 1982**; and\n\n(b) the Public Access Deputy Commissioner; and\n\n(c) the Privacy and Data Protection Deputy Commissioner; and\n\n(d) a person referred to in section 6Q of the **Freedom of Information Act 1982**;\n\nS. 3(1) def. of *Ombudsman officer* inserted by No. 82/2012 s. 261.\n\n***Ombudsman officer*** has the meaning given in section 2(1) of the **Ombudsman Act 1973**;\n\nS. 3(1) def. of O*mbudsman premises* inserted by No. 82/2012 s. 261.\n\n***Ombudsman premises*** has the meaning given in section 2(1) of the **Ombudsman Act 1973**;\n\nS. 3(1) def. of *Parliamentary Committee* inserted by No. 2/2019 s. 182.\n\n***Parliamentary Committee*** means the Integrity and Oversight Committee established under section 5(a) of the **Parliamentary Committees Act 2003**;\n\nS. 3(1) def. of *Parliamentary Workplace Standards and Integrity Commission* inserted by No. 27/2024 s. 162.\n\n***Parliamentary Workplace Standards and Integrity Commission*** means the body established by section 42 of the **Parliamentary Workplace Standards and Integrity Act 2024**;\n\nS. 3(1) def. of *Parliamentary Workplace Standards and Integrity Commission officer* inserted by No. 27/2024 s. 162.\n\n***Parliamentary Workplace Standards and Integrity Commission officer*** means a person who is or was—\n\n(a) a Parliamentary Workplace Standards and Integrity Commissioner; or\n\n(b) a Commission officer within the meaning of section 3(1) of the **Parliamentary Workplace Standards and Integrity Act 2024**;\n\nS. 3(1) def. of *Parliamentary Workplace Standards and Integrity Commission premises* inserted by No. 27/2024 s. 162.\n\n***Parliamentary Workplace Standards and Integrity Commission premises*** means any premises or part of premises occupied by the Parliamentary Workplace Standards and Integrity Commission, other than residential premises;\n\nS. 3(1) def. of *Parliamentary Workplace Standards and Integrity Commis-sioner* inserted by No. 27/2024 s. 162.\n\n***Parliamentary Workplace Standards and Integrity Commissioner*** means a commissioner as defined by section 3(1) of the **Parliamentary Workplace Standards and Integrity Act 2024**;\n\nS. 3(1) def. of *person in charge* inserted by No. 59/2014 s. 25.\n\n***person in charge***, in relation to a detained person, means the person who is in charge of the place or institution where the person is a detained person;\n\nS. 3(1) def. of *police force* inserted by No. 19/2012 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 179.1(d)).\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 179.1(a)), amended by No. 21/2015 s. 3(Sch. 1 item 65).\n\n***police officer*** has the same meaning as it has in the **Victoria Police Act 2013**;\n\nPolice officers include police reservists (see section 45(x) of the **Victoria Police Act 2013**) and special constables (see section 193(1) of that Act).\n\nS. 3(1) def. of *police personnel* inserted by No. 19/2012 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 179.1(d)).\n\nS. 3(1) def. of *police personnel misconduct* inserted by No. 19/2012 s. 4(1), amended by No. 82/2012 s. 320(a).\n\n***police personnel misconduct*** has the meaning given by section 5 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *police personnel premises* inserted by No. 19/2012 s. 4(1).\n\n***police personnel premises*** has the same meaning as it has in section 3(1) of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *premises of the Chief Examiner* inserted by No. 82/2012 s. 26(1).\n\n***premises of the Chief Examiner*** includes any premises of an Examiner but does not include any residential premises;\n\nS. 3(1) def. of *prescribed obligations* inserted by No. 19/2012 s. 4(1), amended by Nos 34/2016 s. 35, 31/2024 s. 36.\n\n***prescribed obligations*** means—\n\n(a) the requirement under section 3D(4) of the **Major Crime (Investigative Powers) Act 2004**;\n\n(b) the requirement under section 12D(3) of the **Surveillance Devices Act 1999**;\n\n(c) the requirement under section 4D(3) of the **Telecommunications (Interception) (State Provisions) Act 1988**;\n\n(ca) the requirement under section 4J(3) of the **Telecommunications (Interception) (State Provisions) Act 1988**;\n\n(d) the requirement under section 4F(4) or 4N of the **Terrorism (Community Protection) Act 2003**;\n\n(e) any requirement under the regulations made under the **Public Interest Monitor Act 2011** relating to the transmission, disposal and storage of documents or information that a Public Interest Monitor receives in performing his or her functions;\n\n(f) the requirement that applies to the Public Interest Monitor under section 20N of the **Witness Protection Act 1991**;\n\n(g) any requirement under the regulations made under the **Witness Protection Act 1991** relating to the transmission, disposal and storage of documents or information that the Public Interest Monitor receives in performing the functions of the Public Interest Monitor under that Act;\n\nS. 3(1) def. of *Principal Public Interest Monitor* inserted by No. 2/2019 s. 58(1).\n\n***Principal Public Interest Monitor*** has the same meaning as it has in section 4 of the **Public Interest Monitor Act 2011**;\n\nS. 3(1) def. of *Privacy and Data Protection Deputy Commis-rioner* inserted by No. 20/2017 s. 107(b).\n\n***Privacy and Data Protection Deputy Commissioner*** means the Privacy and Data Protection Deputy Commissioner appointed under section 8H of the **Privacy and Data Protection Act 2014**;\n\nS. 3(1) def. of *privilege* inserted by No. 19/2012 s. 4(1), amended by No. 52/2012 s. 25.\n\n***privilege*** means—\n\n(a) any privilege that a person is entitled to claim in any proceedings before a court or tribunal, other than the privilege provided for in Division 1C of Part 3.10 of the **Evidence Act 2008**; and\n\n(b) public interest immunity;\n\nS. 3(1) def. of *protected disclosure* *complaint* inserted by No. 85/2012 s. 106, repealed by No. 2/2019 s. 58(3).\n\nS. 3(1) def. of *protective services officer* inserted by No. 37/2014 s. 10(Sch. item 179.1(a)).\n\n***protective services officer*** has the same meaning as it has in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *Public Access Deputy Commis-rioner* inserted by No. 20/2017 s. 107(b).\n\n***Public Access Deputy Commissioner*** means the Public Access Deputy Commissioner appointed under section 6D of the **Freedom of Information Act 1982**;\n\nS. 3(1) def. of *public body* inserted by No. 19/2012 s. 4(1), amended by No. 82/2012 s. 320(b).\n\n***public body***  has the meaning given by section 6 of the **Independent Broad-based Anti-corruption Commission Act 2011** and includes the IBAC;\n\nS. 3(1) def. of *public interest complaint* inserted by No. 2/2019 s. 58(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.2(c)).\n\n***public interest complaint*** means—\n\n(a) a disclosure that Integrity Oversight Victoria has determined under section 31 of the **Public Interest Disclosures Act 2012** to be a public interest complaint; or\n\n(b) a disclosure that the IBAC has determined under section 26 of the **Public Interest Disclosures Act 2012** to be a public interest complaint and that is referred to Integrity Oversight Victoria by the IBAC under the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *Public Interest Monitor* inserted by No. 19/2012 s. 4(1).\n\n***Public Interest Monitor*** has the same meaning as it has in section 4 of the **Public Interest Monitor Act 2011**;\n\nS. 3(1) def. of *public sector employee* inserted by No. 19/2012 s. 4(1).\n\n***public sector employee*** has the same meaning as it has in section 4(1) of the **Public Administration Act 2004**;\n\nS. 3(1) def. of *relevant principal officer* inserted by No. 19/2012 s. 4(1).\n\n***relevant principal officer***  has the same meaning as it has in section 3(1) of the **Independent Broad-based Anti-corruption Commission Act 2011** and, in the case of the IBAC, means the Commissioner of the IBAC;\n\nS. 3(1) def. of *relevant records* inserted by No. 19/2012 s. 4(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.2(d)).\n\n***relevant records*** means records in the possession of a Public Interest Monitor which are relevant for the purpose of enabling Integrity Oversight Victoria to monitor compliance of the Public Interest Monitor with the prescribed obligations;\n\nS. 3(1) def. of *restricted matter* inserted by No. 19/2012 s. 4(1), amended by Nos 82/2012 s. 26(2), 2/2019 s. 58(2)(b), 31/2024 s. 113(Sch. 1 item 1.2(e)).\n\n***restricted matter*** means—\n\n(a) any evidence given to Integrity Oversight Victoria;\n\n(b) the contents of any document, or a description of any thing, produced to Integrity Oversight Victoria;\n\n(c) the contents of any document, or a description of any thing, which Integrity Oversight Victoria has obtained, made a copy of or seized under section 47 or 63;\n\n(d) the existence of, or any information about, a confidentiality notice or a witness summons;\n\n(e) the subject matter of an investigation in relation to which a witness summons has been issued;\n\n(f) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce any document or thing to, Integrity Oversight Victoria, to be identified or located;\n\n(g) the fact that a person has been, or is proposed to be, examined by, or who has produced, or may produce any document or thing to, Integrity Oversight Victoria;\n\n(h) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the **Public Interest Disclosures Act 2012**;\n\n(i) the fact that a disclosure or related disclosure has been determined under Part 3 of the **Public Interest Disclosures Act 2012** to be a public interest complaint;\n\nS. 3(1) def. of *Special Investigator* inserted by No. 50/2021 s. 103, repealed by No. 31/2023 s. 18.\n\nS. 3(1) def. of *spouse* inserted by No. 19/2012 s. 4(1).\n\n***spouse*** of a person means a person to whom the person is married;\n\nS. 3(1) def. of *VAGO officer* inserted by No. 82/2012 s. 198.\n\n***VAGO officer*** has the meaning given in section 3(1) of the **Audit Act 1994**;\n\nS. 3(1) def. of *VAGO premises* inserted by No. 82/2012 s. 198.\n\n***VAGO premises*** has the meaning given in section 3(1) of the **Audit Act 1994**;\n\nS. 3(1) def. of *Victoria Police* inserted by No. 37/2014 s. 10(Sch. item 179.1(a)).\n\n***Victoria Police*** has the same meaning as it has in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *Victoria Police employee* inserted by No. 37/2014 s. 10(Sch. item 179.1(a)).\n\n***Victoria Police employee*** has the same meaning as it has in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *Victorian Auditor-General's Office* inserted by No. 82/2012 s. 198.\n\n***Victorian Auditor-General's Office*** has the meaning given in section 3(1) of the **Audit Act 1994**;\n\nS. 3(1) def. of *Victorian Inspectorate* repealed by No. 31/2024 s. 113(Sch. 1 item 1.3).\n\nS. 3(1) def. of *Victorian Inspectorate Officer* repealed by No. 31/2024 s. 113(Sch. 1 item 1.3).\n\nS. 3(1) def. of *Wage Inspectorate Victoria* inserted by No. 21/2020 s. 84(1), repealed by No. 35/2025 s. 91(c).\n\nS. 3(1) def. of *Wage Inspectorate Victoria officer* inserted by No. 21/2020 s. 84(1), repealed by No. 35/2025 s. 91(d).\n\nS. 3(1) def. of *witness summons* inserted by No. 19/2012 s. 4(1), amended by No. 31/2024 s. 97(2).\n\n***witness summons*** means a witness summons issued under section 53(1).\n\nS. 3(2) inserted by No. 19/2012 s. 4(3).\n\n(2) For the purposes of the definition of ***domestic partner*** in subsection (1)—\n\n(a) registered relationship has the same meaning as it has in the **Relationships Act 2008**; and\n\n(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case.\n\nS. 4 inserted by No. 85/2012 s. 107, substituted by No. 2/2019 s. 59.\n\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Public interest complaint taken to be complaint","content":"\t4 Public interest complaint taken to be complaint\n\nFor the purposes of this Act—\n\n(a) a public interest complaint that would not otherwise constitute a complaint is taken to be a complaint under section 43; and\n\n(b) the person who made the public interest complaint is taken to be the complainant in relation to the complaint.\n\nS. 5 amended by Nos 19/2012 s. 5, 82/2012 ss 27 (as amended by No. 70/2013 s. 3(Sch. 1 item 24)), 199, 262.\n\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Objects of Act","content":"\t5 Objects of Act\n\nThe objects of this Act are to—\n\n(a) enhance the compliance of the IBAC and IBAC personnel with the **Independent Broad-based Anti-corruption Commission Act 2011** and other laws; and\n\n(b) assist in improving the capacity of the IBAC and IBAC personnel in the performance of their duties and functions and the exercise of their powers; and\n\n(c) monitor compliance by a Public Interest Monitor with the prescribed obligations; and\n\n(d) provide for the independent oversight of VAGO officers; and\n\n(e) provide for the independent oversight of Ombudsman officers; and\n\nS. 5(ea) inserted by No. 27/2024 s. 163.\n\n(ea) provide for the independent oversight of the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers; and\n\nS. 5(f) amended by No. 16/2016 s. 178(a).[[2]](#endnote-3)\n\n(f) provide for the independent oversight of the Chief Examiner and Examiners; and\n\nS. 5(g) inserted by No. 20/2017 s. 108(b), amended by No. 2/2019 s. 203(a).\n\n(g) provide for the independent oversight of officers of the Office of the Victorian Information Commissioner; and\n\nS. 5(g) inserted by No. 16/2016 s. 178(b), renumbered as s. 5(h) by No. 2/2019 s. 203(b), amended by No. 21/2020 s. 85(1).\n\n(h) monitor the use of coercive powers under the **Judicial Commission of Victoria Act 2016**; and\n\nS. 5(i) inserted by No. 21/2020 s. 85(2), amended by Nos 50/2021 s. 104(a), 31/2023 s. 19(a), repealed by No. 35/2025 s. 92.\n\nS. 5(j) inserted by No. 50/2021 s. 104(b), repealed by No. 31/2023 s. 19(b).\n\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Act binds the Crown","content":"\t6 Act binds the Crown\n\n(1) This Act binds the Crown—\n\n(a) in right of the State of Victoria; and\n\n(b) to the extent that the legislative power of the Parliament permits, in all its other capacities.\n\n(2) To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations.\n\nS. 7 inserted by No. 82/2012 s. 200, amended by No. 82/2012 s. 263.\n\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Investigation of conduct occurring before the commencement of this section","content":"\t7 Investigation of conduct occurring before the commencement of this section\n\nThis Act applies to and in respect of conduct all or part of which occurred at any time during the period of 12 months before the commencement of this section, if the conduct—\n\n(a) is the conduct of any VAGO officer or any Ombudsman officer (whether or not still an officer) who would have been subject to this Act had this section been in force at the time the conduct occurred; and\n\nS. 7(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.4).\n\n(b) would have been conduct of a kind which Integrity Oversight Victoria could have investigated had this section been in force at the time the conduct occurred, whether—\n\nS. 7(b)(i) amended by No. 31/2024 s. 113(Sch. 1 item 1.4).\n\n(i) on a complaint to Integrity Oversight Victoria under section 43(3) or (5); or\n\n(ii) on its own motion under section 46(2) or (3).\n\nPt 2 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.5).\n\n","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Integrity Oversight Victoria","content":"Part 2—Integrity Oversight Victoria\n\nPt 2 Div. 1 (Heading) inserted by No. 19/2012 s. 6.\n\n","sortOrder":10},{"sectionNumber":"Div 1","sectionType":"division","heading":"Constitution and staff","content":"Division 1—Constitution and staff\n\nS. 8 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.6).\n\n","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Establishment of Integrity Oversight Victoria","content":"\t8 Establishment of Integrity Oversight Victoria\n\nS. 8(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.7).\n\n(1) Integrity Oversight Victoria is established.\n\nS. 8(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.7).\n\n(2) Integrity Oversight Victoria does not represent the Crown.\n\nS. 9 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.8).\n\n","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Integrity Oversight Victoria is a body corporate","content":"\t9 Integrity Oversight Victoria is a body corporate\n\nS. 9(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.9(a)).\n\n(1) Integrity Oversight Victoria—\n\n(a) is a body corporate with perpetual succession;\n\n(b) has an official seal;\n\n(c) may sue and be sued;\n\n(d) may acquire, hold and dispose of real and personal property;\n\n(e) may do and suffer all acts and things that a body corporate may by law do and suffer.\n\nS. 9(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.9(b)).\n\n(2) All courts must take judicial notice of the official seal of Integrity Oversight Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.\n\nS. 9(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.9(b)).\n\n(3) The official seal of Integrity Oversight Victoria must—\n\nS. 9(3)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.9(b)).\n\n(a) be kept in such custody as Integrity Oversight Victoria determines; and\n\nS. 9(3)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.9(b)).\n\n(b) not be used except as authorised by Integrity Oversight Victoria.\n\nNote to s. 9 amended by No. 31/2024 s. 113(Sch. 1 item 1.10).\n\nIntegrity Oversight Victoria is a special body under section 6(1) of the **Public Administration Act 2004**.\n\nS. 10 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.11).\n\n","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Constitution of Integrity Oversight Victoria","content":"\t10 Constitution of Integrity Oversight Victoria\n\nS. 10 amended by No. 31/2024 s. 113(Sch. 1 item 1.12).\n\nIntegrity Oversight Victoria consists of one Chief Integrity Inspector appointed by the Governor in Council in accordance with section 18.\n\nS. 11 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.13).\n\nS. 11 amended by Nos 19/2012 s. 7, 82/2012 ss 28, 201, 264, 85/2012 s. 108.\n\n","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Functions of Integrity Oversight Victoria","content":"\t11 Functions of Integrity Oversight Victoria\n\nS. 11(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.14).\n\n(1) Integrity Oversight Victoria has the functions conferred on Integrity Oversight Victoria under this Act or any other Act.\n\nS. 11(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)).\n\n(2) Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions—\n\n(a) to monitor the compliance of the IBAC and IBAC personnel with the **Independent Broad-based Anti-corruption Commission Act 2011** and other laws;\n\nS. 11(2)(b) amended by No. 2/2019 s. 60(1).\n\n(b) to oversee the performance by the IBAC of its functions under the **Public Interest Disclosures Act 2012**;\n\n(c) to assess the effectiveness and appropriateness of the policies and procedures of the IBAC which relate to the legality and propriety of IBAC's activities;\n\n(d) to receive complaints in accordance with this Act about the conduct of the IBAC and IBAC personnel;\n\n(e) to investigate and assess the conduct of the IBAC and IBAC personnel in the performance or exercise or purported performance or purported exercise of their duties, functions and powers;\n\n(f) to monitor the interaction between the IBAC and other integrity bodies to ensure compliance with relevant laws;\n\nS. 11(2)(g) substituted by No. 34/2016 s. 36.\n\n(g) to inspect and audit relevant records kept by the Public Interest Monitor under—\n\n(i) the **Public Interest Monitor Act 2011**; and\n\n(ii) the **Witness Protection Act 1991**—\n\nfor the purpose of monitoring compliance with the prescribed obligations;\n\n(h) to report to the Minister and the Parliament on the results of the performance of its function under paragraph (g);\n\n(i) to receive complaints in accordance with this Act about the conduct of the Chief Examiner or any Examiner;\n\nSee also Part 5 of the **Major Crime (Investigative Powers) Act 2004**.\n\n(j) to investigate and assess, in accordance with this Act, the conduct of the Chief Examiner or any Examiner;\n\n(k) to report on, and make recommendations as a result of, the performance of its duties and functions.\n\nS. 11(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)).\n\n(3) Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions in respect of VAGO officers—\n\n(i) the exercise of coercive powers by VAGO officers; and\n\nS. 11(3)(a)(ii) amended by No. 12/2019 s. 11.\n\n(ii) compliance by VAGO officers with sections 30, 31, 32, 33, 34, 35, 36, 37, 39, 43, 44, 45, 46, 50(1) and 51 of the **Audit Act 1994**;\n\n(b) to receive complaints in accordance with this Act about the conduct of VAGO officers;\n\n(c) to investigate and assess, in accordance with this Act, the conduct of VAGO officers;\n\nS. 11(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)).\n\n(4) Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions in respect of Ombudsman officers—\n\n(i) the exercise of coercive powers by Ombudsman officers; and\n\n(ii) compliance by Ombudsman officers with procedural fairness requirements in the performance of functions under the **Ombudsman Act 1973** or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the **Ombudsman Act 1973** or any other Act;\n\n(b) to receive complaints in accordance with this Act about the conduct of Ombudsman officers;\n\n(c) to investigate and assess in accordance with this Act the conduct of Ombudsman officers;\n\nS. 11(4A) inserted by No. 27/2024 s. 164, amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)).\n\n(4A) Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions in respect of the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers—\n\n(i) the issuing, variation or withdrawal of investigation requests under the **Parliamentary Workplace Standards and Integrity Act 2024**; and\n\n(ii) the issuing, variation or cancellation of confidentiality notices under that Act; and\n\n(iii) compliance by the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers with procedural fairness requirements in the performance of functions under that Act or any other Act, including in the conduct of investigations and the making of reports and recommendations under that Act or any other Act;\n\n(b) to receive complaints in accordance with this Act about the conduct of the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers;\n\n(c) to investigate and assess in accordance with this Act the conduct of the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers;\n\nS. 11(5) inserted by No. 20/2017 s. 109, amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)).\n\n(5) Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions in respect of officers of the Office of the Victorian Information Commissioner—\n\n(i) the exercise of coercive powers by officers of the Office of the Victorian Information Commissioner; and\n\nS. 11(5)(a)(ii) substituted by No. 2/2019 s. 132.\n\n(ii) whether procedural fairness requirements have been complied with by officers of the Office of the Victorian Information Commissioner in—\n\n(A) the exercise, or purported exercise, of coercive powers under the **Freedom of Information Act 1982** and the **Privacy and Data Protection Act 2014**; and\n\n(B) the conduct of investigations under Part VIB of the **Freedom of Information Act 1982**; and\n\n(C) the making of recommendations under section 61L of the **Freedom of Information Act 1982**; and\n\n(D) the making of investigation reports under section 61Q of the **Freedom of Information Act 1982**; and\n\n(E) the making of compliance notices under Part 3 of the **Privacy and Data Protection Act 2014**;\n\nS. 11(5)(a)(iii) repealed by No. 2/2019 s. 132.\n\n(b) to receive complaints in accordance with this Act about the conduct of officers of the Office of the Victorian Information Commissioner;\n\n(c) to investigate and assess in accordance with this Act the conduct of officers of the Office of the Victorian Information Commissioner;\n\nS. 11(5) inserted by No. 16/2016 s. 179, renumbered as s. 11(6) by No. 2/2019 s. 204, amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)).\n\n(6) Without limiting the generality of subsection (1), Integrity Oversight Victoria has the function in respect of the Judicial Commission to monitor the use of coercive powers under the **Judicial Commission of Victoria Act 2016**.\n\nS. 11(7) inserted by No. 21/2020 s. 86, amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)), repealed by No. 35/2025 s. 93.\n\nS. 11(8) inserted by No. 50/2021 s. 105, repealed by No. 31/2023 s. 20.\n\nNote to s. 11 amended by Nos 2/2019 s. 60(2), 31/2024 s. 113(Sch. 1 item 1.15).\n\nSee also Part 8 of the **Public Interest Disclosures Act 2012** which sets out the functions of Integrity Oversight Victoria under that Act.\n\nS. 12 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.16).\n\nS. 12 amended by No. 31/2024 s. 113(Sch. 1 item 1.17).\n\n","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Powers of Integrity Oversight Victoria","content":"\t12 Powers of Integrity Oversight Victoria\n\nIntegrity Oversight Victoria has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the objects of this Act and the performance of its duties and functions.\n\nS. 12A inserted by No. 30/2016 s. 75.\n\n","sortOrder":16},{"sectionNumber":"12A","sectionType":"section","heading":"Specific powers in relation to the IBAC","content":"\t12A Specific powers in relation to the IBAC\n\nS. 12A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.18).\n\n(1) Without derogating from the generality of section 12, Integrity Oversight Victoria 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).\n\nS. 12A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.18).\n\n(2) For the purposes of performing the functions specified in subsection (1), Integrity Oversight Victoria—\n\n(a) is entitled to have full and free access to all relevant records of the IBAC; and\n\n(b) despite any other law, is entitled to make copies of, and to take extracts from, relevant records of the IBAC; and\n\nS. 12A(2)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.18).\n\n(c) may require the IBAC or any IBAC personnel to give Integrity Oversight Victoria any information in the possession or control of the IBAC that Integrity Oversight Victoria considers on reasonable grounds is relevant to the performance of those functions; and\n\nS. 12A(2)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.18).\n\n(d) may require in writing any IBAC personnel to attend at the office of Integrity Oversight Victoria for the purpose of giving to Integrity Oversight Victoria any information or document required by Integrity Oversight Victoria which Integrity Oversight Victoria considers on reasonable grounds is relevant to the performance of those functions.\n\nS. 12A(2A) inserted by No. 11/2021 s. 172.\n\n(2A) A requirement under subsection (2)(d) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.\n\nS. 12A(2B) inserted by No. 11/2021 s. 172.\n\n(2B) A requirement under subsection (2)(d) that provides for attendance as described in subsection (2A)—\n\n(b) may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.\n\nS. 12A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.18).\n\n(3) The IBAC must provide, and ensure that IBAC personnel provide, to Integrity Oversight Victoria any assistance in connection with the performance of the functions specified in subsection (1) that Integrity Oversight Victoria reasonably requires.\n\nS. 13 inserted by No. 19/2012 s. 8.\n\n","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Specific powers in relation to the Public Interest Monitors","content":"\t13 Specific powers in relation to the Public Interest Monitors\n\nS. 13(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(a)).\n\n(1) Without derogating from the generality of section 12, Integrity Oversight Victoria has the duties and powers specified in this section for the purposes of performing the functions specified in section 11(2)(g) and (h).\n\nS. 13(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(b)).\n\n(2) Integrity Oversight Victoria must inspect relevant records of each Public Interest Monitor at least once each financial year in order to ascertain the extent to which each of the Public Interest Monitors has complied with the prescribed obligations.\n\nS. 13(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(b)).\n\n(3) Integrity Oversight Victoria may, after notifying in writing a Public Interest Monitor, inspect relevant records of the Public Interest Monitor  in order to ascertain the extent to which the Public Interest Monitor has complied with the prescribed obligations.\n\nS. 13(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(a)).\n\n(4) For the purposes of an inspection under this section, Integrity Oversight Victoria—\n\nS. 13(4)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(a)).\n\n(a) may, after notifying in writing a Public Interest Monitor, enter at any reasonable time of which Integrity Oversight Victoria has given notice, premises occupied by the Public Interest Monitor in his or her capacity as a Public Interest Monitor; and\n\n(b) is entitled to have full and free access to all relevant records of the Public Interest Monitor; and\n\n(c) despite any other law, is entitled to make copies of, and to take extracts from, relevant records of the Public Interest Monitor; and\n\nS. 13(4)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(a)).\n\n(d) may require the Public Interest Monitor to give Integrity Oversight Victoria any information in the possession or control of the Public Interest Monitor that Integrity Oversight Victoria considers on reasonable grounds is relevant to the inspection.\n\nS. 13(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.19  \n(a)(c)).\n\n(5) A Public Interest Monitor must provide to Integrity Oversight Victoria any assistance in connection with the exercise of Integrity Oversight Victoria's functions under section 11(2)(g) and (h) that Integrity Oversight Victoria reasonably requires.\n\nS. 13(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.19).\n\n(6) Integrity Oversight Victoria may require in writing a Public Interest Monitor to attend at the office of Integrity Oversight Victoria at a specified date and time for the purpose of giving any document or information required by Integrity Oversight Victoria which Integrity Oversight Victoria considers is relevant to the exercise of Integrity Oversight Victoria's functions under section 11(2)(g) or (h).\n\nS. 13(6A) inserted by No. 11/2021 s. 173.\n\n(6A) A requirement under subsection (6) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.\n\nS. 13(6B) inserted by No. 11/2021 s. 173.\n\n(6B) A requirement under subsection (6) that provides for attendance as described in subsection (6A)—\n\n(b) may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.\n\nS. 13(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(b)).\n\n(7) Integrity Oversight Victoria must, as soon as practicable but not later than 3 months after conducting inspections for the purposes of subsection (2) or (3), report to the Minister on the results of the inspections.\n\nS. 13(8) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(a)).\n\n(8) Subject to subsection (10), if, as a result of an inspection under this section of the relevant records of a Public Interest Monitor, Integrity Oversight Victoria is of the opinion that the Public Interest Monitor has contravened a prescribed obligation, Integrity Oversight Victoria may include in its report to the Minister under subsection (7) or (9) on the inspection, a report on the contravention.\n\nS. 13(9) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(b)).\n\n(9) Integrity Oversight Victoria may provide a report to the Minister at any time on any matter relating to the performance of its function under section 11(2)(g).\n\n(10) A report for the purposes of subsection (7) or (9) must not contain information that—\n\n(a) discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or\n\nS. 13(10A) inserted by No. 34/2016 s. 37.\n\n(10A) A report for the purposes of subsection (7) or (9) that relates to the functions of the Public Interest Monitor under the **Witness Protection Act 1991** must not include any information that would—\n\nS. 13(10A)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(a)).\n\n(a) prejudice a criminal investigation, criminal proceeding or other legal proceeding of which Integrity Oversight Victoria is aware; or\n\n(b) compromise the operational activities or methodologies of Victoria Police or of any authority or body referred to in the definition of ***approved authority*** in section 3(1) of the **Witness Protection Act 1991**; or\n\n(i) who is or has been included in the Victorian witness protection program, within the meaning of the **Witness Protection Act 1991**; or\n\n(ii) to whom alternative protection arrangements, within the meaning of the **Witness Protection Act 1991**, are being or have been provided.\n\nS. 13(11) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(b)).\n\n(11) Integrity Oversight Victoria may—\n\n(a) make a special report under section 87 on any matter relating to the performance of its function under section 11(2)(g);\n\n(b) include in its annual report under section 91 information relating to the performance  \nof its function under section 11(2)(g) in accordance with section 91(1)(a) and (b).\n\n(12) In this section—\n\n***investigation*** means an investigation referred to in section 19(4) of the **Public Interest Monitor Act 2011**;\n\n***law enforcement agency*** means a law enforcement agency within the meaning of section 19(5) of the **Public Interest Monitor Act 2011**;\n\n***relevant application*** has the same meaning as it has in section 4 of the **Public Interest Monitor Act 2011**.\n\nS. 14 inserted by No. 19/2012 s. 8.\n\n","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Public Interest Monitor to give information and access despite other laws","content":"\t14 Public Interest Monitor to give information and access despite other laws\n\n(1) Despite any other law, a Public Interest Monitor is not excused from giving information, answering a question, or giving access to a document, as and when required by or under section 13, on the ground that giving the information, answering the question, or giving access to the document, as the case may be, would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty but—\n\n(a) the information, the answer, or the fact that the person has so given access to the document, as the case may be; and\n\n(b) any information or thing (including a document) obtained as a direct consequence of giving the first-mentioned information, answering the question or giving access to the first-mentioned document, as the case may be—\n\nis not admissible in evidence against the person except in proceedings for an offence under this Act.\n\n(2) Nothing in any other law prevents a Public Interest Monitor from—\n\nS. 14(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.20).\n\n(a) giving information to an Integrity Oversight Victoria Officer (whether orally or in writing and whether or not in answer to a question); or\n\nS. 14(2)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.20).\n\n(b) giving to an Integrity Oversight Victoria Officer access to a relevant record—\n\nfor the purposes of an inspection under section 13.\n\n(3) Nothing in any other law prevents a Public Interest Monitor from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (2).\n\n","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Delegation","content":"\t15 Delegation\n\nS. 15(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.21).\n\n(1) Integrity Oversight Victoria by instrument may delegate to the Chief Integrity Inspector any duty, function or power of Integrity Oversight Victoria under this Act or any other Act or the regulations under this Act other than this power of delegation.\n\n(2) 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.\n\nS. 16 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.22).\n\nS. 16 amended by No. 31/2024 s. 113(Sch. 1 item 1.23).\n\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Integrity Oversight Victoria not subject to direction or control","content":"\t16 Integrity Oversight Victoria not subject to direction or control\n\nIntegrity Oversight Victoria is not subject to the direction or control of the Minister in respect of the performance of its duties and functions and the exercise of its powers.\n\nS. 17 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.24).\n\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Independence of the Chief Integrity Inspector","content":"\t17 Independence of the Chief Integrity Inspector\n\nS. 17(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).\n\n(1) The Chief Integrity Inspector is an independent officer of the Parliament.\n\nS. 17(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).\n\n(2) The functions, powers, immunities and obligations of the Chief Integrity Inspector are as specified in this Act and other laws of the State.\n\nS. 17(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).\n\n(3) There are no implied functions, powers, rights, immunities or obligations arising from the Chief Integrity Inspector being an independent officer of the Parliament.\n\nS. 17(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).\n\n(4) The powers of the Parliament to act in relation to the Chief Integrity Inspector are as specified in or applying under this Act, the **Constitution Act 1975** and other laws of the State.\n\nS. 17(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).\n\n(5) There are no implied powers of the Parliament arising from the Chief Integrity Inspector being an independent officer of the Parliament.\n\nS. 17(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).\n\n(6) Subject to this Act and other laws of the State, the Chief Integrity Inspector has complete discretion in the performance or exercise of his or her duties, functions or powers.\n\nS. 17(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).\n\n(7) In particular and without limiting subsection (6), the Chief Integrity Inspector is not subject to the direction or control of the Minister in respect of the performance or exercise of his or her duties, functions or powers.\n\nS. 18 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.26).\n\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Appointment of the Chief Integrity Inspector","content":"\t18 Appointment of the Chief Integrity Inspector\n\nS. 18(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.27).\n\n(1) Subject to section 19, the Governor in Council on the recommendation of the Minister may by instrument appoint an eligible person to be the Chief Integrity Inspector.\n\n(2) A person is an eligible person if he or she—\n\n(a) is or has been, or is qualified for appointment as, a judge of—\n\n(i) the High Court; or\n\n(ii) the Federal Court; or\n\n(iii) the Supreme Court of Victoria or another State or a Territory;\n\n(b) is not a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory;\n\n(c) is not, and has not been, a Commissioner, Acting Commissioner, Deputy Commissioner, or Acting Deputy Commissioner, of the IBAC.\n\nS. 18(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.27).\n\n(3) A person holding a judicial office immediately before being appointed to be the Chief Integrity Inspector must cease to hold that judicial office upon being appointed to be the Chief Integrity Inspector.\n\nS. 19 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.28).\n\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Veto of proposed Chief Integrity Inspector","content":"\t19 Veto of proposed Chief Integrity Inspector\n\n(1) Subject to subsection (4), the Minister must not make a recommendation under section 18 unless—\n\nS. 19(1)(a) amended by No. 2/2019 s. 197(2).\n\n(a) the Minister has submitted details of the proposed recommendation to the Integrity and Oversight Committee; and\n\n(b) either—\n\nS. 19(1)(b)(i) amended by No. 2/2019 s. 197(2).\n\n(i) within the time specified in subsection(2) the Integrity and Oversight Committee has informed the Minister that it has decided not to veto the recommendation; or\n\nS. 19(1)(b)(ii) amended by No. 2/2019 s. 197(2).\n\n(ii) the time specified in subsection (2) has elapsed and the Integrity and Oversight Committee has not vetoed the recommendation.\n\nS. 19(2) amended by No. 2/2019 s. 197(2).\n\n(2) The Integrity and Oversight Committee must make a decision under this section within 30 days after the Minister has submitted details of the proposed recommendation to the Integrity and Oversight Committee.\n\nS. 19(3) amended by No. 2/2019 s. 197(2).\n\n(3) The Integrity and Oversight Committee—\n\n(a) may decide to veto or not to veto the proposed recommendation;\n\n(b) must notify the Minister in writing of its decision within the period specified in subsection (2).\n\n(4) Subsections (1) to (3) do not apply to the appointment of the first Inspector under this Act and the Minister may make the recommendation for the appointment of the first Inspector after the Premier has consulted in relation to the proposed recommendation with the member of the Legislative Assembly who is for the time being the Leader of Her Majesty's Opposition.\n\nS. 20 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.29).\n\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Duties, functions and powers of the Chief Integrity Inspector","content":"\t20 Duties, functions and powers of the Chief Integrity Inspector\n\nS. 20 amended by No. 31/2024 s. 113(Sch. 1 item 1.30(a)).\n\nThe Chief Integrity Inspector—\n\nS. 20(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.30(b)).\n\n(a) constitutes Integrity Oversight Victoria under section 10;\n\nS. 20(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.30(b)).\n\n(b) is responsible for undertaking the strategic leadership of Integrity Oversight Victoria for the purpose of achieving the objects of this Act;\n\nS. 20(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.30(b)).\n\n(c) is the public service body Head of Integrity Oversight Victoria for the purposes of section 16 of the **Public Administration Act 2004**.\n\nS. 20(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.30).\n\n(d) has the duties, functions and powers delegated to the Chief Integrity Inspector by Integrity Oversight Victoria;\n\nS. 20(e) amended by No. 31/2024 s. 113(Sch. 1 item 1.30(a)).\n\n(e) has any other duties, functions and powers conferred on the Chief Integrity Inspector under this Act or any other Act.\n\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Terms and conditions","content":"\t21 Terms and conditions\n\nS. 21(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).\n\n(1) The Chief Integrity Inspector holds office for the period not exceeding 5 years as is specified in the instrument of appointment.\n\nS. 21(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).\n\n(2) The Chief Integrity Inspector is eligible to be  \nre-appointed.\n\nS. 21(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).\n\n(3) Subject to this section, the Chief Integrity Inspector is appointed on a full-time or part-time basis on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.\n\nS. 21(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).\n\n(4) The remuneration of the Chief Integrity Inspector cannot be reduced during his or her term of office unless he or she consents to the reduction.\n\nS. 21(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).\n\n(5) If a person who has been a judge of the Supreme Court or the County Court or has been the Chief Magistrate is appointed as the Chief Integrity Inspector, the appointment does not affect any pension or other rights or privileges the person has as a former judge or Chief Magistrate.\n\nS. 21(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).\n\n(6) If the Chief Integrity Inspector was immediately before his or her appointment a judge of the Supreme Court, his or her service as the Chief Integrity Inspector shall count as service in the office of judge of the Supreme Court for the purposes of entitlement to a pension under section 83 of the **Constitution Act 1975**.\n\nS. 21(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).\n\n(7) If the Chief Integrity Inspector was immediately before his or her appointment a judge of the County Court, his or her service as the Chief Integrity Inspector shall count as service in the office of judge of the County Court for the purposes of entitlement to a pension under section 14 of the **County Court Act 1958**.\n\nS. 21(8) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).\n\n(8) If the Chief Integrity Inspector was immediately before his or her appointment the Chief Magistrate, his or her service as the Chief Integrity Inspector shall count as service in the office of Chief Magistrate for the purposes of entitlement to a pension under section 10A of the **Magistrates' Court Act 1989**.\n\nS. 21(9) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).\n\n(9) If the Chief Integrity Inspector was immediately before his or her appointment an officer within the meaning of the **State Superannuation Act 1988**, he or she continues to be such an officer during his or her term of office as the Chief Integrity Inspector.\n\nS. 21(10) amended by No. 31/2024 s. 113(Sch. 1 item 1.31).\n\n(10) The Chief Integrity Inspector must not engage in any employment, business or community activity outside Integrity Oversight Victoria that may create an actual or perceived conflict of interest with his or her role as the Chief Integrity Inspector.\n\nS. 21(11) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).\n\n(11) Without limiting the generality of subsection (10), the Chief Integrity Inspector must not enter into a contract by which he or she is to provide services or provide services under any contract if the provision of services may create an actual or perceived conflict of interest with his or her role as the Chief Integrity Inspector.\n\nS. 21(12) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).\n\n(12) In addition to subsection (10), the Chief Integrity Inspector must not, without the approval of the Governor in Council—\n\n(a) apply for, or hold, a licence or permit to conduct any trade, business or profession; or\n\nNote to s. 21(12)(a) amended by No. 30/2016 s. 77.\n\nThis includes a legal practising certificate under the Legal Profession Uniform Law (Victoria).\n\n(b) conduct any trade, business or profession; or\n\n(c) accept any other employment.\n\nS. 21(13) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).\n\n(13) The **Public Administration Act 2004** does not apply to the Chief Integrity Inspector in respect of the office of Chief Integrity Inspector as such except for the purposes of section 16 of that Act.\n\nS. 21A (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.32).\n\nS. 21A inserted by No. 28/2013 s. 4.\n\n","sortOrder":26},{"sectionNumber":"21A","sectionType":"section","heading":"Pension entitlements of Chief Integrity Inspector, partner and eligible children","content":"\t21A Pension entitlements of Chief Integrity Inspector, partner and eligible children\n\nS. 21A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(1) Subject to this section, the Chief Integrity Inspector, and the partner and children of the Chief Integrity Inspector, are entitled to pensions in the circumstances set out in this section and otherwise in the same circumstances and at the same rates and on the same terms and conditions as—\n\n(a) a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal) under Part III of the **Constitution Act 1975**; and\n\n(b) the partner and children of such a Judge under Part III of the **Constitution Act 1975**.\n\nS. 21A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(2) Upon retirement or resignation, the Chief Integrity Inspector is entitled to a pension under this section if the Chief Integrity Inspector has attained the age of 65 years and—\n\nS. 21A(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(a) the Chief Integrity Inspector has served in the office of Chief Integrity Inspector for not less than 5 years; or\n\nS. 21A(2)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(b) having been appointed, the Chief Integrity Inspector is unable to serve as Chief Integrity Inspector for not less than 5 years, because he or she has become afflicted with a permanent incapacity disabling him or her from the due execution of that office.\n\nS. 21A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(3) Upon the death of the Chief Integrity Inspector or any person who was formerly the Chief Integrity Inspector and entitled to a pension under this section, the partner of the Chief Integrity Inspector or former Chief Integrity Inspector is entitled to a pension payable fortnightly at the rate of three-eighths of the salary referred to in subsection (8)(e) until—\n\n(a) the partner's death; or\n\n(b) the partner becomes the domestic partner or spouse of another person.\n\nS. 21A(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(4) If there are eligible children of a deceased Chief Integrity Inspector and no pension is otherwise payable under this section to or in respect of that Chief Integrity Inspector, there is to be paid to any person or persons that the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (5).\n\nS. 21A(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(5) The pension applicable to each eligible child is the amount of the pension that would be payable to the partner of the Chief Integrity Inspector if the partner was entitled to a pension under this section divided by 4 or the number of eligible children (whichever is the greater).\n\nS. 21A(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.34).\n\n(6) ***Eligible child*** in relation to a Chief Integrity Inspector means a child, adopted child or stepchild of the Chief Integrity Inspector or his or her partner—\n\n(a) who is under the age of 16 years; or\n\n(b) who—\n\n(i) has attained the age of 16 years but is under the age of 25 years; and\n\n(ii) is receiving full-time education at a school, college or university.\n\nS. 21A(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.33).\n\n(7) Despite subsection (3), no pension is payable to the partner of any former Chief Integrity Inspector if that partner became the domestic partner or spouse of the former Chief Integrity Inspector after that Chief Integrity Inspector's resignation or retirement, unless in the case of marriage, the spouse was the domestic partner of the Chief Integrity Inspector immediately prior to that Chief Integrity Inspector's resignation or retirement.\n\n(8) For the purposes of this section—\n\n(a) section 83 of the **Constitution Act 1975** is to be construed as if a reference to—\n\nS. 21A(8)(a)(i) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(i) service in the office of a Judge of the Court for not less than 10 years is a reference to service in the office of Chief Integrity Inspector for not less than 5 years; and\n\nS. 21A(8)(a)(ii) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(ii) \"Judge\" or \"Judge of the Court\" were a reference to the Chief Integrity Inspector; and\n\nS. 21A(8)(a)(iii) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(iii) \"retirement\" or \"resignation\" includes the expiry of a term of office as Chief Integrity Inspector; and\n\n(b) sections 83(1)(a)(ii), (a)(iii) and (aa), (1A), (1B), (6)(aa), (a), (ab), (ac), (b) and (ba), (6A) and (7) of that Act do not apply; and\n\n(c) sections 83AA to 83AI of that Act do not apply; and\n\nS. 21A(8)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(d) section 5A of the **Constitution Act 1975** (other than subsection (2A)) applies and is to be construed as if a reference to \"Judge\" or \"Judge of the Court\" in that section of that Act were a reference to the Chief Integrity Inspector; and\n\n(e) the annual salary on which a pension under this section is calculated is the annual salary for the time being applicable to the office of a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal).\n\nS. 21A(9) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(9) If, on the expiration of his or her term of office as Chief Integrity Inspector, a person who served as Chief Integrity Inspector for not less than 5 years is not under subsection (1) entitled to a pension only because he or she has not attained the age of 65 years—\n\nS. 21A(9)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(a) on that person attaining the age of 65 years he or she, and his or her partner and children, become entitled to pensions under that subsection in the circumstances, at the rates and on the terms and conditions set out in this section as if he or she had only retired from the office of Chief Integrity Inspector on attaining that age; and\n\n(b) any such pension is liable to be suspended or determined in the circumstances and to the extent set out in this section.\n\n(10) A pension under this section is otherwise liable to be suspended or determined in the same circumstances and to the same extent as pensions under Part III of the **Constitution Act 1975** are liable to be suspended or determined.\n\n**Example**\n\nAccepting a judicial appointment, holding any office or place of profit under the Crown in right of the Commonwealth or of a State or engaging in legal practice:  \nsee section 83(4) of the **Constitution Act 1975**.\n\nS. 21A(11) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(11) The Chief Integrity Inspector and his or her partner and children are not entitled to a pension under this section if—\n\nS. 21A(11)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).\n\n(a) the Chief Integrity Inspector has held office as a judge of the Supreme Court, an Associate Judge of the Supreme Court, a judge of the County Court, an associate judge of the County Court or the Chief Magistrate; and\n\n(b) that person, his or her partner or children are entitled to a pension under—\n\n(i) section 83 of the **Constitution Act 1975**; or\n\n(ii) section 104A of the **Supreme Court Act 1986**; or\n\n(iii) section 14 or 17B of the **County Court Act 1958**; or\n\n(iv) section 10A of the **Magistrates' Court Act 1989**.\n\n(12) This section is taken to have effect on and from 1 January 2013.\n\nS. 21A(13) inserted by No. 31/2024 s. 113(Sch. 1 item 1.35).\n\n(13) The amendments made to this section in relation to the change of title of the Inspector by the **Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024** do not affect the operation of this section in relation to entitlements of a pension of any Inspector, or any partner or child of an Inspector, who vacated office before those amendments commenced.\n\nS. 21B inserted by No. 28/2013 s. 4.\n\n","sortOrder":27},{"sectionNumber":"21B","sectionType":"section","heading":"Salary sacrifice","content":"\t21B Salary sacrifice\n\nS. 21B(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.36).\n\n(1) The Chief Integrity Inspector, by notice in writing to the Attorney-General, may enter into an arrangement under which the Chief Integrity Inspector agrees to receive the whole or part of his or her total amount of future salary as non-salary benefits of an equivalent value.\n\n(2) A notice under subsection (1) must specify a date from which the arrangement is to take effect which must be—\n\n(a) the date on which the notice is given; or\n\n(b) a later date.\n\nS. 21B(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.36).\n\n(3) The Chief Integrity Inspector may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General*.*\n\n(4) A notice of variation or revocation under subsection (3) must specify a date from which the variation or revocation is to take effect which must be—\n\n(a) the date on which the notice is given; or\n\n(b) a later date.\n\n(5) In this section ***non-salary benefits*** has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the **Public Administration Act 2004**.\n\n(6) This section is taken to have effect on and from 1 January 2013.\n\nS. 21C inserted by No. 28/2013 s. 4.\n\n","sortOrder":28},{"sectionNumber":"21C","sectionType":"section","heading":"Appropriation of Consolidated Fund","content":"\t21C Appropriation of Consolidated Fund\n\nAll pensions under section 21A and any payments in connection with those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly.\n\n","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Vacancy and resignation","content":"\t22 Vacancy and resignation\n\nS. 22(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.37).\n\n(1) The Chief Integrity Inspector ceases to hold office if he or she—\n\n(a) resigns by writing delivered to the Governor; or\n\n(b) becomes an insolvent under administration; or\n\n(c) is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or\n\n(d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or\n\n(e) is appointed to a judicial office; or\n\n(f) is appointed as Commissioner, Acting Commissioner, Deputy Commissioner or Acting Deputy Commissioner, of the IBAC; or\n\nS. 22(1)(g) amended by No. 13/2019 s. 221(Sch. 1 item 60).\n\n(g) becomes a represented person within the meaning of the **Guardianship and Administration Act 2019**.\n\nS. 22(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.37).\n\n(2) The Chief Integrity Inspector ceases to hold office if he or she is removed from office under section 23.\n\n","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Suspension and removal from office","content":"\t23 Suspension and removal from office\n\nS. 23(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.38).\n\n(1) The Governor in Council may suspend the Chief Integrity Inspector from office on any of the following grounds—\n\n(a) misconduct;\n\n(b) neglect of duty;\n\n(c) inability to perform the duties of the office;\n\nS. 23(1)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.38).\n\n(d) any other ground on which the Governor in Council is satisfied that the Chief Integrity Inspector is unfit to hold office.\n\n(2) The Minister must cause a full statement of the grounds of suspension to be presented to each House of the Parliament on or before the 7th sitting day of that House of the Parliament after the suspension.\n\nS. 23(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.38).\n\n(3) The Governor in Council must remove the Chief Integrity Inspector from office if each House of the Parliament on or before the 7th sitting day of that House of the Parliament after the statement of the grounds of suspension is presented to it, declares by resolution that the Chief Integrity Inspector ought to be removed from office.\n\nS. 23(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.38).\n\n(4) The Governor in Council must remove the suspension and restore the Chief Integrity Inspector to office unless each House of the Parliament makes a declaration of the kind specified in subsection (3) within the time specified in that subsection.\n\nS. 23(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.38).\n\n(5) The Chief Integrity Inspector can only be removed from office in accordance with this section.\n\nS. 24 amended by No. 31/2024 s. 113(Sch. 1 item 1.39).\n\n","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Declaration of inability to act","content":"\t24 Declaration of inability to act\n\nThe Chief Integrity Inspector may declare himself or herself unable to act in respect of a particular matter by reason of an actual or perceived conflict of interest.\n\n","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Acting appointment","content":"\t25 Acting appointment\n\nS. 25(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.40).\n\n(1) The Governor in Council may on the recommendation of the Minister appoint a person to act in the office of Chief Integrity Inspector during—\n\nS. 25(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.40).\n\n(a) any vacancy in the office of the Chief Integrity Inspector; or\n\n(b) any period when the person holding the office—\n\n(i) is absent from duty; or\n\n(ii) is for any other reason unable to perform the duties of the office.\n\n(2) Subject to this section, a person appointed under subsection (1) can be appointed for a period not exceeding 6 months.\n\n(3) An acting appointment or acting appointments in respect of each vacancy referred to in subsection (1)(a) or each period referred to in subsection (1)(b) must not exceed a total of 6 months in duration.\n\nS. 25(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.40).\n\n(4) A vacancy in the office of the Chief Integrity Inspector must be filled by a person appointed in accordance with section 18 within the period of 6 months after the vacancy occurred.\n\nS. 25(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.40).\n\n(5) The Governor in Council may at any time remove a person acting in the office of the Chief Integrity Inspector from the office.\n\nS. 25(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.40).\n\n(6) While a person is acting in the office of Chief Integrity Inspector the person—\n\n(a) has and may exercise all the powers, and must perform all the functions and duties, of that office; and\n\nS. 25(6)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.40).\n\n(b) is entitled to be paid the remuneration and allowances which the Chief Integrity Inspector would have been entitled to.\n\n","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Oath or affirmation of office","content":"\t26 Oath or affirmation of office\n\nS. 26(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.41).\n\n(1) Before a person appointed to be the Chief Integrity Inspector or to act in the office of the Chief Integrity Inspector assumes the office, he or she must have taken an oath or made an affirmation that he or she—\n\n(a) will faithfully and impartially perform the duties and functions and exercise the powers of the office; and\n\n(b) will not disclose, except as authorised or required by law, any information received in the performance of the duties and functions or the exercise of the powers of the office.\n\n(2) The oath or affirmation is to be administered by the Speaker of the Legislative Assembly.\n\nS. 27 amended by Nos 19/2012 s. 9, 82/2012 ss 29, 152(1)(2), 202, 265.\n\n","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Delegation","content":"\t27 Delegation\n\nS. 27(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.42(a)(i)).\n\n(1) The Chief Integrity Inspector by instrument may delegate to a member of staff employed or engaged under section 28 or a person engaged as a consultant under section 29 any duty, function or power of the Chief Integrity Inspector under this Act (including any duty, function or power delegated to the Chief Integrity Inspector under section 15(1)) or any other Act other than, unless subsection (2) applies, the following—\n\n(a) this power of delegation; or\n\n(b) the power to decide to inspect the relevant records of a Public Interest Monitor under section 13(3); or\n\n(c) the power to issue a confidentiality notice under section 38(1); or\n\n(d) the power to issue a notice cancelling a confidentiality notice under section 38(3), (4) or (5); or\n\n(e) the power to apply for an order to extend a confidentiality notice under section 38(7); or\n\n(f) the power to decide to hold an inquiry under section 49; or\n\n(g) the power to direct a witness not to seek legal advice or representation in relation to a witness summons from a specified Australian legal practitioner under section 58(2); or\n\n(h) the power to direct a witness not to seek legal advice or representation in relation to a proposed report or draft or part of a proposed report or information contained in a report or a confidentiality notice from a specified Australian legal practitioner under section 58(8); or\n\nS. 27(1)(i) amended by No. 31/2024 s. 113(Sch. 1 item 1.42  \n\n(i) the power to authorise an Integrity Oversight Victoria Officer to enter IBAC premises under section 63(1); or\n\nS. 27(1)(j) amended by No. 31/2024 s. 113(Sch. 1 item 1.42  \n\n(j) the power to authorise an Integrity Oversight Victoria Officer to enter VAGO premises under section 63(3); or\n\nS. 27(1)(k) amended by No. 31/2024 s. 113(Sch. 1 item 1.42  \n\n(k) the power to authorise an Integrity Oversight Victoria Officer to enter Ombudsman premises under section 63(5); or\n\nS. 27(1)(ka) inserted by No. 27/2024 s. 165, amended by No. 31/2024 s. 113(Sch. 1 item 1.42  \n\n(ka) the power to authorise an Integrity Oversight Victoria Officer to enter Parliamentary Workplace Standards and Integrity Commission premises under section 63(6A); or\n\nS. 27(1)(l) amended by No. 31/2024 s. 113(Sch. 1 item 1.42  \n\n(l) the power to authorise an Integrity Oversight Victoria Officer to enter premises of the Chief Examiner under section 63(7); or\n\nS. 27(1)(la) inserted by No. 20/2017 s. 110, amended by No. 31/2024 s. 113(Sch. 1 item 1.42  \n\n(la) the power to authorise an Integrity Oversight Victoria Officer to enter premises of the Office of the Victorian Information Commissioner under section 63(9); or\n\nS. 27(1)(lb) inserted by No. 21/2020 s. 87, amended by No. 31/2024 s. 113(Sch. 1 item 1.42  \n\n(lb) the power to authorise an Integrity Oversight Victoria Officer to enter premises of the Wage Inspectorate Victoria under section 63(11); or\n\nS. 27(1)(lc) inserted by No. 50/2021 s. 106, repealed by No. 31/2023 s. 21.\n\n(m) the power to issue a certificate of charge and an arrest warrant under section 73(1); or\n\n(n) the power to direct that a person be detained in a prison or a police gaol for the purpose of ensuring his or her appearance before the Supreme Court under section 75(1); or\n\n(o) the duty or power to make a report under section 87 or 91; or\n\n(p) the power to authorise the bringing of proceedings for an offence under this Act or the regulations under section 100.\n\nS. 27(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.42(b)).\n\n(2) If the Chief Integrity Inspector makes a declaration under section 24 in respect of any matter, the Chief Integrity Inspector may delegate under subsection (1) to any Integrity Oversight Victoria Officer who would be qualified under section 18 to be appointed as the Chief Integrity Inspector any duty, function or power of the Chief Integrity Inspector under this Act (including any duty, function or power delegated to the Chief Integrity Inspector under section 15(1)) or any other Act which is necessary to enable that matter to be dealt with.\n\n(3) 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.\n\nNote to s. 27 amended by No. 31/2024 s. 113(Sch. 1 item 1.43).\n\nSee also section 20C of **Telecommunications (Interception) (State Provisions) Act 1988** which provides that Integrity Oversight Victoria may delegate certain functions under that Act to an inspecting officer.\n\n","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Staff","content":"\t28 Staff\n\n(1) Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the **Public Administration Act 2004**.\n\nS. 28(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.44).\n\n(2) Integrity Oversight Victoria may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body.\n\n","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Consultants","content":"\t29 Consultants\n\nS. 29(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.45(a)).\n\n(1) Integrity Oversight Victoria may engage persons with suitable qualifications and experience as consultants.\n\nS. 29(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.45(b)).\n\n(2) Without limiting the generality of subsection (1), Integrity Oversight Victoria may appoint an Australian legal practitioner to assist Integrity Oversight Victoria as counsel, either generally or in reference to a particular matter.\n\nS. 29(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.45(b)).\n\n(3) An engagement under this section may be on any terms and conditions Integrity Oversight Victoria considers appropriate.\n\n","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Oath or affirmation by staff and consultants","content":"\t30 Oath or affirmation by staff and consultants\n\nS. 30(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.46(a)).\n\n(1) Before commencing employment with Integrity Oversight Victoria, a person referred to in section 28 must take an oath or make an affirmation that he or she—\n\n(a) will faithfully and impartially perform their duties and functions and exercise their powers; and\n\n(b) will not disclose, except as authorised or required by law, any information received in the performance of their duties and functions or the exercise of their powers.\n\nS. 30(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.46(b)).\n\n(2) Integrity Oversight Victoria may require a person engaged under section 28(2) or 29 or an officer, sub-contractor, agent or employee of a person engaged under section 29 to take an oath or make an affirmation that he or she—\n\n(a) will faithfully and impartially perform their duties and functions and exercise their powers in the course of the engagement; and\n\n(b) will not disclose, except as authorised or required by law, any information received in the performance of their duties and functions or the exercise of their powers in the course of the engagement.\n\nS. 30(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.46(c)).\n\n(3) The oath or affirmation is to be administered by the Chief Integrity Inspector.\n\nS. 31 substituted by No. 82/2012 s. 30.\n\n","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Obligation on persons employed or engaged under section 28 or engaged under section 29","content":"\t31 Obligation on persons employed or engaged under section 28 or engaged under section 29\n\nA person employed or engaged under section 28 or engaged under section 29 must not publicly comment on—\n\n(a) the administration of this Act; or\n\nS. 31(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.47).\n\n(b) the performance of duties and functions or the exercise of powers by Integrity Oversight Victoria.\n\nS. 32 amended by No. 31/2024 s. 113(Sch. 1 item 1.48).\n\n","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Obligation to avoid actual or perceived conflicts of interest","content":"\t32 Obligation to avoid actual or perceived conflicts of interest\n\nAn Integrity Oversight Victoria Officer must ensure that any actual or perceived conflicts of interest are avoided in the performance of their duties and functions and in the exercise of their powers as an Integrity Oversight Victoria Officer.\n\nPt 2 Div. 2 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.49).\n\nPt 2 Div. 2 (Heading and ss 33–37) inserted by No. 19/2012 s. 10.\n\n","sortOrder":40},{"sectionNumber":"Div 2","sectionType":"division","heading":"Disclosure by Integrity Oversight Victoria and Integrity Oversight Victoria Officers","content":"Division 2—Disclosure by Integrity Oversight Victoria and Integrity Oversight Victoria Officers\n\nS. 33 inserted by No. 19/2012 s. 10, amended by Nos 82/2012 s. 31, 85/2012 s. 109.\n\n\t33 Unauthorised disclosures or provision of information\n\nS. 33(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.50).\n\n(1) Subject to subsection (2), a person who is, or was, an Integrity Oversight Victoria Officer must not directly or indirectly provide or disclose any information acquired by the person or Integrity Oversight Victoria by reason of, or in the course of, the performance of the duties and functions or the exercise of powers of the person or Integrity Oversight Victoria under this Act or any other Act except—\n\nS. 33(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.50(b)).\n\n(a) for the performance of the duties and functions or the exercise of the powers of the person or Integrity Oversight Victoria in accordance with this Act or any other Act; or\n\nS. 33(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.50(b)).\n\n(b) for the purposes of—\n\n(i) proceedings for an offence; or\n\n(ii) a disciplinary process or action—\n\nbrought as a result of an investigation conducted by Integrity Oversight Victoria; or\n\nS. 33(1)(c) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 1).\n\n(c) for the purposes of proceedings for an offence against this Act or the **Public Interest Disclosures Act 2012**; or\n\nS. 33(1)(d) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 1).\n\n(d) as is otherwise authorised or required to be made by or under this Act or the **Public Interest Disclosures Act 2012**.\n\nNote to s. 33(1) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 2).\n\nThe person may be subject to further confidentiality obligations under Part 7 of the **Public Interest Disclosures Act 2012**.\n\n(2) This section does not apply to the provision or disclosure of information to which section 34 applies.\n\nS. 34 inserted by No. 19/2012 s. 10, amended by No. 31/2024 s. 113(Sch. 1 item 1.51  \n(a)–(d)).\n\n\t34 Special provision applying in respect of function under section 11(2)(g)\n\nIntegrity Oversight Victoria or a person who is, or was, an Integrity Oversight Victoria Officer must not directly or indirectly provide or disclose information acquired by Integrity Oversight Victoria or the Integrity Oversight Victoria Officer by reason of, or in the course of, the performance of the function specified in section 11(2)(g), except—\n\n(a) in the performance of that function or for the purpose of performing the duties or exercising the powers conferred by section 13; or\n\nS. 34(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.51(e)).\n\n(b) if the Integrity Oversight Victoria considers on reasonable grounds that a criminal offence may have been committed, to the Chief Commissioner of Police for the purpose of enabling the Chief Commissioner of Police to determine whether or not to take any investigatory or enforcement action.\n\nS. 35 inserted by No. 82/2012 s. 32, amended by No. 31/2024 ss 110, 113(Sch. 1 item 1.52).\n\n\t35 Special provisions applying in respect of functions under section 11(2)(i) and (j) and Major Crime (Investigative Powers) Act 2004\n\nIntegrity Oversight Victoria or a person who is, or was, an Integrity Oversight Victoria Officer must not, directly or indirectly, make a record of any information or divulge or communicate to any person any information acquired by Integrity Oversight Victoria or the Integrity Oversight Victoria Officer by reason of, or in the course of, the performance of the functions specified in section 11(2)(i) or (j) or a function under the **Major Crime (Investigative Powers) Act 2004** except—\n\n(a) in the performance of those functions; or\n\n(b) for the purpose of performing the duties or exercising the powers conferred by this Act or the **Major Crime (Investigative Powers) Act 2004**.\n\nPenalty: Level 6 imprisonment (5 years maximum).\n\nS. 36 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.53).\n\nS. 36 inserted by No. 19/2012 s. 10, amended by Nos 82/2012 s. 33, 85/2012 s. 110.\n\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Integrity Oversight Victoria may provide or disclose information for specified purposes","content":"\t36 Integrity Oversight Victoria may provide or disclose information for specified purposes\n\nS. 36(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.54(a)).\n\n(1) Subject to section 34 and subsection (2), Integrity Oversight Victoria may provide or disclose information acquired by Integrity Oversight Victoria by reason of, or in the course of, the performance of the duties and functions or the exercise of its powers to a person to whom or body to which Integrity Oversight Victoria may make a recommendation under Part 7 for the purpose of enabling that person or body to perform their duties and functions or exercise their powers.\n\nS. 36(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.54(b)).\n\n(2) Integrity Oversight Victoria must not provide or disclose information under subsection (1) to a person or body that is likely to lead to the identification of a person who has made an assessable disclosure, if the person or body to whom the information is provided or disclosed is—\n\n(a) the subject of the assessable disclosure; or\n\n(b) the employer of the person who is the subject of the assessable disclosure.\n\nS. 36(3) amended by Nos 2/2019 s. 72(Sch. 1 Pt B item 3), 31/2024 s. 113(Sch. 1 item 1.54(a)).\n\n(3) However, Integrity Oversight Victoria may provide or disclose under subsection (1) information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies.\n\nS. 36A (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.55).\n\nS. 36A inserted by No. 2/2019 s. 61.\n\n","sortOrder":42},{"sectionNumber":"36A","sectionType":"section","heading":"Disclosure of information by Integrity Oversight Victoria","content":"\t36A Disclosure of information by Integrity Oversight Victoria\n\nS. 36A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.56).\n\n(1) At any time, Integrity Oversight Victoria may provide or disclose any information received or obtained in the course of the performance of its duties and functions or the exercise of its powers under this Act to a person or body specified in subsection (3) if Integrity Oversight Victoria considers that—\n\n(a) the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and\n\n(b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information.\n\nS. 36A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.56).\n\n(2) Despite subsection (1), Integrity Oversight Victoria must not provide or disclose any information to a person or body if—\n\n(a) the person or body, or an employee of the person or body, is the subject of an assessable disclosure; and\n\n(b) the information—\n\n(i) would be likely to lead to the identification of a person who made the assessable disclosure; and\n\n(ii) is not information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies.\n\n(3) For the purposes of subsection (1), the following persons and bodies are specified—\n\n(a) the IBAC;\n\n(b) the Ombudsman;\n\n(c) the Auditor-General;\n\nS. 36A(3)(ca) inserted by No. 27/2024 s. 166.\n\n(ca) the Parliamentary Workplace Standards and Integrity Commission;\n\n(d) Victoria Police;\n\n(e) the Director of Public Prosecutions;\n\nS. 36A(3)(ea) inserted by No. 50/2021 s. 107, repealed by No. 31/2023 s. 22.\n\n(f) the Commission for Children and Young People established under section 6 of the **Commission for Children and Young People Act 2012**;\n\nS. 36A(3)(fa) inserted by No. 31/2024 s. 98(1).\n\n(fa) a Royal Commission, Board of Inquiry or Formal Review;\n\nS. 36A(3)(fb) inserted by No. 31/2024 s. 98(1).\n\n(fb) a body established under a law of the Commonwealth or of another State or of a Territory that is the equivalent of a Royal Commission, Board of Inquiry or Formal Review;\n\n(g) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth;\n\n(h) the police force or police service (however described) of another State or a Territory;\n\n(i) a prescribed person or body.\n\n(4) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).\n\nS. 36A(5) inserted by No. 31/2024 s. 98(2).\n\n(5) In this section—\n\n***Board of Inquiry*** has the same meaning as it has in the **Inquiries Act 2014**;\n\n***Formal Review*** has the same meaning as it has in the **Inquiries Act 2014**;\n\n***Royal Commission*** means—\n\n(a) a Royal Commission established under the **Inquiries Act 2014**; or\n\n(b) a Royal Commission established under the prerogative of the Crown.\n\nS. 36B inserted by No. 27/2024 s. 167, amended by No. 27/2024 s. 188(Sch. 3 item 1.1).\n\n","sortOrder":43},{"sectionNumber":"36B","sectionType":"section","heading":"Disclosure of findings in relation to Parliamentary Workplace Standards and Integrity Commissioners","content":"\t36B Disclosure of findings in relation to Parliamentary Workplace Standards and Integrity Commissioners\n\nIntegrity Oversight Victoria may provide or disclose any findings made in the course of the performance of its duties and functions or the exercise of its powers under this Act to the Governor in Council or to the Minister administering section 57 of the **Parliamentary Workplace Standards and Integrity Act 2024**, if Integrity Oversight Victoria considers that the findings are relevant to the consideration of the suspension or removal from office of a Parliamentary Workplace Standards and Integrity Commissioner.\n\nS. 37 inserted by No. 19/2012 s. 10, amended by Nos 82/2012 s. 34, 85/2012 s. 111.\n\n","sortOrder":44},{"sectionNumber":"37","sectionType":"section","heading":"Restrictions on compelling production or disclosure","content":"\t37 Restrictions on compelling production or disclosure\n\nS. 37(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.57(a)).\n\n(1) A person who is, or was, an Integrity Oversight Victoria Officer cannot be required or be compelled in a court to—\n\nS. 37(1)(a) amended by Nos 2/2019 s. 72(Sch. 1 Pt B item 4), 31/2024 s. 113(Sch. 1 item 1.57(b)).\n\n(a) produce any document or other thing that has come into his or her possession or control in the performance of the duties and functions or the exercise of powers of the person or Integrity Oversight Victoria under this Act or the **Public Interest Disclosures Act 2012**; or\n\nS. 37(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.57(b)).\n\n(b) produce any document or other thing that has come into his or her possession or control in, or disclose any matter or thing of which the person has knowledge as a result of, the performance of the duties and functions or the exercise of the powers of the person or Integrity Oversight Victoria under the **Major Crime (Investigative Powers) Act 2004**; or\n\nS. 37(1)(c) amended by Nos 2/2019 s. 72(Sch. 1 Pt B item 4), 31/2024 s. 113(Sch. 1 item 1.57(b)).\n\n(c) disclose any matter or thing of which the person has knowledge as a result of the performance of the duties and functions or the exercise of powers of the person or Integrity Oversight Victoria under this Act or the **Public Interest Disclosures Act 2012**—\n\nexcept—\n\nS. 37(1)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.57(b)).\n\n(d) for the purposes of proceedings for an offence or a disciplinary process or action brought as a result of an investigation conducted by Integrity Oversight Victoria; or\n\nS. 37(1)(e) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 4).\n\n(e) for the purposes of proceedings for an offence against this Act or the **Public Interest Disclosures Act 2012**; or\n\nS. 37(1)(f) amended by No. 31/2024 s. 113(Sch. 1 item 1.57(c)).\n\n(f) in circumstances where Integrity Oversight Victoria, or the Integrity Oversight Victoria Officer in his or her official capacity, is a party to the relevant proceeding.\n\n(2) In this section—\n\n***court*** includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\n\n***produce*** includes permit access to.\n\nPt 2 Div. 3 (Heading and ss 38, 39) inserted by No. 19/2012 s. 10.\n\n","sortOrder":45},{"sectionNumber":"Div 3","sectionType":"division","heading":"Confidentiality notices","content":"Division 3—Confidentiality notices\n\nS. 38 inserted by No. 19/2012 s. 10, amended by Nos 82/2012 s. 35(1), 85/2012 s. 112.\n\n","sortOrder":46},{"sectionNumber":"38","sectionType":"section","heading":"Confidentiality notice","content":"\t38 Confidentiality notice\n\nS. 38(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.58).\n\n(1) If during an investigation Integrity Oversight Victoria considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice—\n\n(a) that investigation; or\n\n(b) the safety or reputation of a person; or\n\n(c) the fair trial of a person who has been, or may be, charged with an offence—\n\nIntegrity Oversight Victoria may issue a confidentiality notice in respect of that investigation to a person (other than an Integrity Oversight Victoria Officer) specifying the restricted matter or restricted matters in accordance with this section.\n\n(2) A confidentiality notice must—\n\n(a) be in the prescribed form;\n\n(b) specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued;\n\n(c) include a copy of the provisions of subsections (3) to (8) and section 39 and an explanation of the effect of those provisions;\n\n(d) include a statement—\n\nS. 38(2)(d)(i) amended by No. 2/2019 s. 62(a).\n\n(i) advising the person to whom the confidentiality notice is issued that additional obligations under the **Public Interest Disclosures Act 2012** relating to confidentiality may apply to the person; and\n\nS. 38(2)(d)(ii) amended by No. 2/2019 s. 62(b).\n\n(ii) directing the person to the provisions of that Act which impose those obligations.\n\nS. 38(2)(e) repealed by No. 2/2019 s. 62(c).\n\nS. 38(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).\n\n(3) If at any time Integrity Oversight Victoria considers on reasonable grounds that it is necessary to restrict disclosure of a different restricted matter from any of those specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1) are not likely to be prejudiced, Integrity Oversight Victoria must issue to the person to whom the confidentiality notice was issued—\n\n(a) a notice cancelling the previous confidentiality notice; and\n\n(b) a new confidentiality notice in respect of that investigation under subsection (1).\n\nS. 38(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).\n\n(4) If at any time Integrity Oversight Victoria considers on reasonable grounds that it is no longer necessary to restrict disclosure of a particular restricted matter specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1) are not likely to be prejudiced, Integrity Oversight Victoria must issue to the person to whom the confidentiality notice was issued—\n\n(a) a notice cancelling the previous confidentiality notice; and\n\n(b) a new confidentiality notice in respect of that investigation under subsection (1).\n\nS. 38(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).\n\n(5) If at any time Integrity Oversight Victoria considers on reasonable grounds that it is no longer necessary to restrict disclosure of the restricted matter or restricted matters specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1) are not likely to be prejudiced, Integrity Oversight Victoria must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice.\n\n(6) A confidentiality notice in respect of a particular investigation ceases to have effect on whichever of the following occurs first—\n\nS. 38(6)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).\n\n(a) the date on which Integrity Oversight Victoria issues a notice cancelling the confidentiality notice under subsection (3), (4) or (5);\n\n(b) the date which is the expiry of the period of 5 years from the date on which the first confidentiality notice in respect of that investigation was issued to that person or, if an extension is granted under subsection (8), the date on which the period of extension expires.\n\nS. 38(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).\n\n(7) If Integrity Oversight Victoria considers on reasonable grounds that it is necessary to extend the period of 5 years specified in subsection (6)(b) on any of the grounds specified in subsection (8), Integrity Oversight Victoria may apply to the Supreme Court for an extension of the period.\n\nS. 38(8) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).\n\n(8) The Supreme Court, on the application of Integrity Oversight Victoria, may by order extend the period of 5 years specified in subsection (6)(b), if the Supreme Court is satisfied that an extension is necessary to avoid prejudice to—\n\nS. 38(8)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).\n\n(a) the investigation being conducted by Integrity Oversight Victoria; or\n\n(b) the safety or reputation of a person; or\n\n(c) the fair trial of a person who has been, or may be, charged with an offence; or\n\n(d) any proceedings that are proposed to be commenced or which have not been finally determined.\n\nS. 38(9) amended by No. 11/2021 s. 174.\n\n(9) A confidentiality notice under subsection (1) or a notice cancelling a confidentiality notice under subsection (3), (4) or (5) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served under section 56(3), 56(3A), 56(4), 56(4A), 56(5) or 57.\n\nS. 39 inserted by No. 19/2012 s. 10, amended by Nos 82/2012 s. 35(2)(3), 85/2012 s. 113.\n\n","sortOrder":47},{"sectionNumber":"39","sectionType":"section","heading":"Disclosure subject to confidentiality notice","content":"\t39 Disclosure subject to confidentiality notice\n\nS. 39(1) amended by No. 2/2019 s. 63(1).\n\n(1) Subject to subsections (2), (2A) and (3), a person who—\n\nS. 39(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.59).\n\n(a) is duly served with a confidentiality notice by Integrity Oversight Victoria under section 38(9), and if applicable, any order extending the confidentiality notice; or\n\n(b) receives a copy of a confidentiality notice under subsection (3) or (4) and, if applicable, a copy of any order extending the confidentiality notice—\n\nmust not disclose a restricted matter specified in the confidentiality notice while it has effect.\n\nNote to s. 39(1) amended by No. 2/2019 s. 63(2).\n\nA person who is served with or receives a confidentiality notice may be subject to further confidentiality obligations under Part 7 of the **Public Interest Disclosures Act 2012**.\n\n(2) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances—\n\nS. 39(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.59).\n\n(a) in accordance with a direction or authorisation given by Integrity Oversight Victoria;\n\n(b) to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38, including if the person—\n\n(i) does not have a sufficient knowledge of the English language to understand the nature of the witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38, to an interpreter;\n\n(ii) is a person under the age of 18 years, to a parent, guardian or independent person;\n\n(iii) is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38 without assistance, to an independent person;\n\n(c) subject to section 58(2) and (8), for the purposes of obtaining legal advice or representation in relation to—\n\n(i) the witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38;\n\nS. 39(2)(c)(ii) substituted by No. 2/2019 s. 63(3)(a).\n\n(ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act;\n\n(d) by an Australian legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with his or her client;\n\nS. 39(2)(e) substituted by No. 2/2019 s. 63(3)(b), amended by No. 31/2024 s. 113(Sch. 1 item 1.59).\n\n(e) to any of the following persons, unless Integrity Oversight Victoria directs that the restricted matter must not be disclosed to that person—\n\n(i) the spouse or domestic partner of the person served with the confidentiality notice;\n\n(ii) the employer or manager of the person served with the confidentiality notice, or both;\n\nS. 39(2)(f) inserted by No. 2/2019 s. 63(3)(b), amended by No. 31/2024 s. 113(Sch. 1 item 1.59).\n\n(f) in any of the following circumstances, unless Integrity Oversight Victoria directs that the restricted matter must not be disclosed in that circumstance—\n\n(i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued—\n\n(A) a registered health practitioner;\n\nS. 39(2)(f)(i)(B)amended by No. 31/2024 s. 99(1).\n\n(B) a trade union, within the meaning of section 93AB(11) of the Competition and Consumer Act 2010 of the Commonwealth, of which the person is a member;\n\n(C) an employee assistance program;\n\n(ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim;\n\nS. 39(2)(f)(iii) substituted by No. 31/2024 s. 99(2).\n\n(iii) to a prescribed service, or to a service belonging to a prescribed class, for a prescribed purpose in relation to the service or class;\n\n(iv) for the purpose of an application to the Fair Work Commission, including any related proceeding;\n\nS. 39(2)(g) inserted by No. 2/2019 s. 63(3)(b).\n\n(g) as is otherwise authorised or required to be made by or under this Act.\n\nS. 39(2A) inserted by No. 2/2019 s. 63(4).\n\n(2A) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed to Victoria Police if—\n\nS. 39(2A)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.59).\n\n(a) Integrity Oversight Victoria has disclosed information to the Chief Commissioner of Police under section 36A relating to actual or potential criminal conduct; and\n\n(b) the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct.\n\nS. 39(3) amended by Nos 2/2019 s. 63(5), 31/2024 s. 113(Sch. 1 item 1.59).\n\n(3) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure made is of information that has been published by Integrity Oversight Victoria, another investigating entity or the Integrity and Oversight Committee in a report or has otherwise been made public in accordance with this or any other Act.\n\n(4) A person who makes a disclosure of information permitted by subsection (2) must when making the disclosure provide the person to whom the disclosure is made with a copy of the confidentiality notice and of any order extending the confidentiality notice under section 38, unless the person has a reasonable excuse for not doing so.\n\n(5) If in respect of a particular investigation a person who makes a disclosure of information permitted by subsection (2) receives a new confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice under section 38, the person must as soon as reasonably practicable provide a copy of the new confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice to each person to whom the disclosure has been made, unless the person has a reasonable excuse for not doing so.\n\nS. 39(6) inserted by No. 2/2019 s. 63(6).\n\n(6) In this section—\n\n***Fair Work Commission*** means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth;\n\n***investigating entity*** has the same meaning as in section 3 of the **Public Interest Disclosures Act 2012**;\n\n***registered health practitioner*** means a person registered under the Health Practitioner National Law to practise a health profession (other than as a student);\n\n***relevant Act*** means—\n\n(a) the **Public Interest Disclosures Act 2012**; or\n\n(b) the **Ombudsman Act 1973**; or\n\n(c) the **Independent Broad-based Anti-corruption Commission Act 2011**; or\n\n(d) the Fair Work Act 2009 of the Commonwealth;\n\n***Victorian WorkCover Authority*** has the same meaning as in the **Workplace Injury Rehabilitation and Compensation Act 2013**.\n\nNote to s. 39 inserted by No. 59/2014 s. 31(1).\n\nSection 97A applies to an offence against subsection (1), (4) or (5).\n\nPt 3 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.60).\n\nPt 3 (Heading and s. 40) inserted by No. 28/2012 s. 32.\n\n","sortOrder":48},{"sectionNumber":"Part 3","sectionType":"part","heading":"Matters to be reported to Integrity Oversight Victoria by the IBAC","content":"Part 3—Matters to be reported to Integrity Oversight Victoria by the IBAC\n\nS. 40 inserted by No. 28/2012 s. 32, amended by No. 82/2012 s. 36.\n\n","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Coercive questioning","content":"\t40 Coercive questioning\n\nS. 40(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.61).\n\n(1) Integrity Oversight Victoria may require the IBAC to provide a written report specifying, in relation to an examination of a person by the IBAC—\n\n(a) the name of the person who attended;\n\n(b) the name of any other person who was present during the attendance in an official capacity under any Act;\n\n(c) the reasons for the attendance of the person being examined;\n\n(d) the place and time of each attendance by the person for examination;\n\n(e) the relevance of the attendance to the purpose of the investigation in relation to which the attendance occurred;\n\n(2) The IBAC must comply with a requirement under subsection (1) as soon as possible after it is made.\n\nS. 40A inserted by No. 2/2019 s. 133.\n\n","sortOrder":50},{"sectionNumber":"40A","sectionType":"section","heading":"Review of notices etc. provided by the IBAC","content":"\t40A Review of notices etc. provided by the IBAC\n\nS. 40A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.62).\n\n(1) Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the IBAC under the specified sections of the **Independent Broad-based Anti-corruption Commission Act 2011**—\n\n(a) a copy of a confidentiality notice or associated notice, application or order provided under section 43 of that Act;\n\n(b) a written report on the issue of a witness summons given under section 59G of that Act;\n\n(c) a complaint or notification to the IBAC notified under section 71 of that Act;\n\n(d) a withdrawal of a referral notified under section 79(4) of that Act;\n\n(e) an appointment of an examiner notified under section 115(7) of that Act;\n\n(f) a written report on a decision by the IBAC to hold a public examination provided under section 117(5) of that Act;\n\n(g) a written report on the issue of a witness summons given under section 122 of that Act;\n\n(h) a direction by the IBAC in relation to a specified Australian legal practitioner informed in writing under section 128 of that Act;\n\n(i) a copy of a video recording and any transcript of an examination provided under section 134 of that Act;\n\n(j) a written report on the issue of an arrest warrant given under section 142 of that Act;\n\n(k) a written report on the issue of an arrest warrant given under section 154 of that Act.\n\n(a) whether the requirements under the **Independent Broad-based Anti‑corruption Commission Act 2011** relating to that matter have been complied with; and\n\n(b) where the IBAC has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered as assisting the IBAC to achieve the purposes of the investigation; and\n\n(c) where the matter relates to the questioning of a person attending an examination—whether the questioning may reasonably be considered as assisting the IBAC to achieve the purposes of the investigation to which the examination relates.\n\nS. 40A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.62(b)).\n\n(3) If Integrity Oversight Victoria considers that a video recording provided by the IBAC is no longer necessary for the purpose of reviewing the video recording in accordance with this section, Integrity Oversight Victoria may—\n\n(a) return the video recording to the IBAC; or\n\n(b) destroy the video recording.\n\nPt 4 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.63).\n\nPt 4 (Heading and s. 41) inserted by No. 82/2012 s. 203.\n\n","sortOrder":51},{"sectionNumber":"Part 4","sectionType":"part","heading":"Matters to be reported to Integrity Oversight Victoria by the Auditor‑General","content":"Part 4—Matters to be reported to Integrity Oversight Victoria by the Auditor‑General\n\nS. 41 inserted by No. 82/2012 s. 203.\n\n","sortOrder":52},{"sectionNumber":"41","sectionType":"section","heading":"Coercive questioning","content":"\t41 Coercive questioning\n\nS. 41(1) amended by Nos 12/2019 s. 12(1), 31/2024 s. 113(Sch. 1 item 1.64).\n\n(1) Integrity Oversight Victoria may require the Auditor-General to provide a written report specifying, in relation to an attendance by a person required to attend by an information gathering notice within the meaning of the **Audit Act 1994**—\n\nS. 41(1)(a) amended by No. 12/2019 s. 12(2).\n\n(a) the name of the person who attended;\n\nS. 41(1)(b) amended by No. 12/2019 s. 12(3).\n\n(b) the reasons for the person's attendance;\n\nS. 41(1)(c) amended by No. 12/2019 s. 12(4).\n\n(c) the place and time of the person's attendance;\n\nS. 41(1)(d) amended by No. 12/2019 s. 12(5).\n\n(d) the relevance of the attendance to the purpose of the audit or assurance review in relation to which the information gathering notice was served;\n\nS. 41(1)(e) amended by No. 12/2019 s. 12(6).\n\n(e) the name of any other person who was present during the attendance in an official capacity under any Act;\n\n(2) The Auditor-General must comply with a requirement under subsection (1) as soon as possible after it is made.\n\nS. 41A inserted by No. 2/2019 s. 134.\n\n","sortOrder":53},{"sectionNumber":"41A","sectionType":"section","heading":"Review of notices etc. provided by the Auditor-General","content":"\t41A Review of notices etc. provided by the Auditor-General\n\nS. 41A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.65).\n\n(1) Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the Auditor-General under the specified sections of the **Audit Act 1994**—\n\n(a) a copy of an audio or video recording and any transcript of a compulsory attendance provided under section 37(6) of that Act;\n\n(b) a written report on the issue of an information gathering notice given under section 39 of that Act;\n\n(c) a written report on the issue of an entry notice given under section 51 of that Act.\n\n(a) whether the requirements under the **Audit Act 1994** relating to that matter have been complied with; and\n\n(b) where the Auditor-General has required a person to produce documents for the purposes of an audit—whether the requirement may reasonably be considered as assisting the Auditor-General to achieve the purposes of the audit to which the requirement relates; and\n\n(c) where the matter relates to the questioning of a person appearing personally before the Auditor-General—whether the questioning may reasonably be considered as assisting the Auditor-General to achieve the purposes of the audit to which the appearance relates.\n\nS. 41A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.65(b)).\n\n(3) If Integrity Oversight Victoria considers that an audio or video recording provided by the Auditor-General is no longer necessary for the purpose of reviewing the audio or video recording in accordance with this section, Integrity Oversight Victoria may—\n\n(a) return the audio or video recording to the Auditor-General; or\n\nPt 5 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.66).\n\nPt 5 (Heading and s. 42) inserted by No. 82/2012 s. 266.\n\n","sortOrder":54},{"sectionNumber":"Part 5","sectionType":"part","heading":"Matters to be reported to Integrity Oversight Victoria by the Ombudsman","content":"Part 5—Matters to be reported to Integrity Oversight Victoria by the Ombudsman\n\nS. 42 inserted by No. 82/2012 s. 266.\n\n","sortOrder":55},{"sectionNumber":"42","sectionType":"section","heading":"Coercive questioning","content":"\t42 Coercive questioning\n\nS. 42(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.67).\n\n(1) Integrity Oversight Victoria may require the Ombudsman to provide a written report specifying, in relation to an appearance by a person before the Ombudsman in an investigation under the **Ombudsman Act 1973** or any other Act (whether in response to a witness summons or otherwise)—\n\n(a) the name of the person who appeared;\n\n(b) the reasons for the person's appearance;\n\n(c) the place and time of the person's appearance;\n\n(d) the relevance of the appearance to the purpose of the investigation;\n\n(e) the name of any other person who was present during the appearance in an official capacity under any Act;\n\n(2) The Ombudsman must comply with a requirement under subsection (1) as soon as possible after it is made.\n\nS. 42AA inserted by No. 2/2019 s. 135.\n\n\t42AA Review of notices etc. provided by the Ombudsman\n\nS. 42AA(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.68).\n\n(1) Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the Ombudsman under the specified sections of the **Ombudsman Act 1973**—\n\n(a) a complaint or referred matter that appears to involve misconduct, or a matter related to that misconduct, notified under section 16F of that Act;\n\n(b) a written report on the issue of a witness summons given under section 18D of that Act;\n\n(c) a direction by the Ombudsman in relation to a specified Australian legal practitioner informed in writing under section 18M(6) of that Act;\n\n(d) a copy of an audio or video recording and any transcript of an appearance provided under section 18Q(7) of that Act;\n\n(e) a copy of a confidentiality notice or associated notice, application or order provided under section 26E of that Act.\n\n(a) whether the requirements under the **Ombudsman Act 1973** relating to that matter have been complied with; and\n\n(b) where the Ombudsman has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered as assisting the Ombudsman to achieve the purposes of the investigation; and\n\n(c) where the matter relates to the questioning of a person attending before the Ombudsman—whether the questioning may reasonably be considered as assisting the Ombudsman to achieve the purposes of the investigation to which the attendance relates.\n\nS. 42AA(3) amended by No. 31/2024 s. 113(Sch. 1 item 1. 68(b)).\n\n(3) If Integrity Oversight Victoria considers that an audio or video recording provided by the Ombudsman is no longer necessary for the purpose of reviewing the audio or video recording in accordance with this section, Integrity Oversight Victoria may—\n\n(a) return the audio or video recording to the Ombudsman; or\n\nPt 5A (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.69).\n\nPt 5A (Heading and s. 42A) inserted by No. 20/2017 s. 111.\n\n","sortOrder":56},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Matters to be reported to Integrity Oversight Victoria by the Information Commissioner","content":"Part 5A—Matters to be reported to Integrity Oversight Victoria by the Information Commissioner\n\nS. 42A inserted by No. 20/2017 s. 111.\n\n","sortOrder":57},{"sectionNumber":"42A","sectionType":"section","heading":"Coercive questioning","content":"\t42A Coercive questioning\n\nS. 42A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.70).\n\n(1) Integrity Oversight Victoria may require the Information Commissioner to provide a written report specifying, in relation to an appearance by a person before an officer of the Office of the Victorian Information Commissioner in an investigation, complaint or review under the **Freedom of Information Act 1982**, or a complaint or a decision to issue a compliance notice under the **Privacy and Data Protection Act 2014** (whether in response to a notice or otherwise)—\n\n(a) the name of the person who appeared; and\n\n(b) the reasons for the person's appearance; and\n\n(c) the place and time of the person's appearance; and\n\n(d) the relevance of the appearance to the purpose of the investigation; and\n\n(e) the name of any other person who was present during the appearance in an official capacity under any Act; and\n\n(2) The Information Commissioner must comply with a requirement under subsection (1) as soon as possible after it is made.\n\nPt 5B (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.71).\n\nPt 5B (Heading and ss 42B, 42C) inserted by No. 2/2019 s. 136.\n\n","sortOrder":58},{"sectionNumber":"Part 5B","sectionType":"part","heading":"Matters to be reported to Integrity Oversight Victoria by other persons and bodies","content":"Part 5B—Matters to be reported to Integrity Oversight Victoria by other persons and bodies\n\nS. 42B inserted by No. 2/2019 s. 136.\n\n","sortOrder":59},{"sectionNumber":"42B","sectionType":"section","heading":"Review of notices etc. provided by the Chief Examiner","content":"\t42B Review of notices etc. provided by the Chief Examiner\n\nS. 42B(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.72).\n\n(1) Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the Chief Examiner under the specified sections of the **Major Crime (Investigative Powers) Act 2004**—\n\n(a) a written report on the issue of a witness summons or the making of an order under section 18 of that Act given under section 52 of that Act;\n\n(b) a written report on an examination by the Chief Examiner given under section 53(1) of that Act;\n\n(c) a copy of a video-recording and any transcript of an examination included in a report of an examination under section 53(2) of that Act.\n\n(a) whether the requirements under the **Major Crime (Investigative Powers) Act 2004** relating to that matter have been complied with; and\n\n(b) where the Chief Examiner has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered as assisting the Chief Examiner to achieve the purposes of the investigation; and\n\n(c) where the matter relates to the questioning of a person attending an examination—whether the questioning may reasonably be considered as assisting the Chief Examiner to achieve the purposes of the investigation to which the examination relates.\n\nS. 42B(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.72(b)).\n\n(3) If Integrity Oversight Victoria considers that a video-recording provided by the Chief Examiner is no longer necessary for the purpose of reviewing the video-recording in accordance with this section, Integrity Oversight Victoria may—\n\n(a) return the video-recording to the Chief Examiner; or\n\n(b) destroy the video-recording.\n\nS. 42C inserted by No. 2/2019 s. 136.\n\n","sortOrder":60},{"sectionNumber":"42C","sectionType":"section","heading":"Review of notices etc. provided by the Information Commissioner","content":"\t42C Review of notices etc. provided by the Information Commissioner\n\nS. 42C(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.73).\n\n(1) Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the Information Commissioner under the specified sections of the **Freedom of Information Act 1982** and the **Privacy and Data Protection Act 2014**—\n\n(a) a written report on the issue of a notice to produce or attend given under section 61ZD of the **Freedom of Information Act 1982**;\n\n(b) a copy of an audio or video recording and any transcript of an examination given under section 61ZH of the **Freedom of Information Act 1982**;\n\n(c) a written report on the issue of a notice to produce or attend given under section 83D of the **Privacy and Data Protection Act 2014**;\n\n(d) a copy of an audio or video recording and any transcript of an examination given under section 83GA of the **Privacy and Data Protection Act 2014**.\n\n(a) whether the requirements under the **Freedom of Information Act 1982** or the **Privacy and Data Protection Act 2014** (as the case may be) relating to that matter have been complied with; and\n\n(b) where the Information Commissioner has required a person to produce documents or things for the purposes of an investigation or for the dealing of a complaint—whether the requirement may reasonably be considered as assisting the Information Commissioner to achieve the purposes of the investigation or the dealing with of the complaint; and\n\n(c) where the matter relates to the questioning of a person attending an examination—whether the questioning may reasonably be considered as assisting the Information Commissioner to achieve the purposes of the investigation, the review or the dealing with of the complaint to which the examination relates.\n\nS. 42C(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.73(b)).\n\n(3) If Integrity Oversight Victoria considers that an audio or video recording provided by the Information Commissioner is no longer necessary for the purpose of reviewing the audio or video recording in accordance with this section, Integrity Oversight Victoria may—\n\n(a) return the audio or video recording to the Information Commissioner; or\n\nS. 42D inserted by No. 21/2020 s. 88, amended by No. 31/2024 s. 113(Sch. 1 item 1.74), repealed by No. 35/2025 s. 94.\n\nS. 42E inserted by No. 21/2020 s. 88, amended by No. 31/2024 s. 113(Sch. 1 item 1.75), repealed by No. 35/2025 s. 95.\n\nS. 42F inserted by No. 27/2024 s. 168.\n\n","sortOrder":61},{"sectionNumber":"42F","sectionType":"section","heading":"Review of information provided by Parliamentary Workplace Standards and Integrity Commission","content":"\t42F Review of information provided by Parliamentary Workplace Standards and Integrity Commission\n\nS. 42F(1) amended by No. 27/2024 s. 188(Sch. 3 item 1.2(a)).\n\n(1) Integrity Oversight Victoria may review the following—\n\n(a) a report provided to it under section 22(3)(b) or 24(3)(b) of the **Parliamentary Workplace Standards and Integrity Act 2024**;\n\n(b) a copy of a recording provided to it under section 22(6)(a) or 24(4)(a) of that Act;\n\n(c) a copy of a transcript provided to it under section 22(6)(b) or 24(4)(b) of that Act;\n\n(d) anything provided to it under section 80 of that Act.\n\n(a) whether the requirements under the **Parliamentary Workplace Standards and Integrity Act 2024** relating to that matter have been complied with; and\n\n(b) if the Parliamentary Workplace Standards and Integrity Commission has requested a person to provide information, documents or other things for the purposes of an investigation—whether the requirement may reasonably be considered to assist the Parliamentary Workplace Standards and Integrity Commission to achieve the purposes of the investigation; and\n\n(c) if the matter relates to the questioning of a person attending an interview with the Parliamentary Workplace Standards and Integrity Commission—whether the questioning may reasonably be considered to assist the Parliamentary Workplace Standards and Integrity Commission to achieve the purposes of the investigation to which the attendance relates.\n\nS. 42F(3) amended by No. 27/2024 s. 188(Sch. 3 item 1.2(b)).\n\n(3) If Integrity Oversight Victoria considers that a copy of a recording provided by the Parliamentary Workplace Standards and Integrity Commission is no longer necessary for the purpose of reviewing the copy in accordance with this section, Integrity Oversight Victoria may—\n\n(a) return the copy to the Parliamentary Workplace Standards and Integrity Commission; or\n\n(b) destroy the copy.\n\nPt 6 (Heading) amended by No. 19/2012 s. 11(1).\n\n","sortOrder":62},{"sectionNumber":"Part 6","sectionType":"part","heading":"Investigations and inquiries","content":"Part 6—Investigations and inquiries\n\nPt 6 Div. 1 (Heading) inserted by No. 19/2012 s. 11(2).\n\nDivision 1—Investigations\n\nS. 43 amended by No. 82/2012 ss 37, 204, 267.\n\n","sortOrder":63},{"sectionNumber":"43","sectionType":"section","heading":"Complaints","content":"\t43 Complaints\n\nS. 43(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.76).\n\n(1) A person may make a complaint to Integrity Oversight Victoria about the conduct of the IBAC or IBAC personnel in respect of the—\n\n(a) performance or exercise; or\n\n(b) failure to perform or exercise; or\n\n(c) purported performance or purported exercise—\n\nby the IBAC or IBAC personnel of the duties, functions or powers conferred on the IBAC or IBAC personnel in relation to any matter.\n\nNote to s. 43(1) inserted by No. 59/2014 s. 26.\n\nSee section 92A for complaints by detained persons. See section 48A for withdrawal of complaints.\n\n(2) Without limiting the generality of subsection (1), a complaint may be made on the basis that specified conduct of the IBAC or IBAC personnel was—\n\nS. 43(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.76).\n\n(3) A person may make a complaint to Integrity Oversight Victoria about the conduct of a VAGO officer in respect of—\n\nS. 43(3)(b) amended by No. 12/2019 s. 13.\n\n(b) the compliance with sections 30, 31, 32, 33, 34, 35, 36, 37, 39, 41, 42, 43, 44, 45, 46, 48, 49, 50 and 51 of the **Audit Act 1994**.\n\n(4) Without limiting the generality of subsection (3), a complaint may be made on the basis that specified conduct was—\n\nS. 43(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.76).\n\n(5) A person may make a complaint to Integrity Oversight Victoria about the conduct of an Ombudsman officer in respect of—\n\n(b) the compliance with procedural fairness requirements in the performance of functions under the **Ombudsman Act 1973** or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the **Ombudsman Act 1973** or any other Act.\n\n(6) Without limiting the generality of subsection (5), a complaint may be made on the basis that specified conduct was—\n\nS. 43(6A) inserted by No. 27/2024 s. 169, amended by No. 31/2024 s. 113(Sch. 1 item 1.76).\n\n(6A) A person may make a complaint to Integrity Oversight Victoria about the conduct of the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer in respect of—\n\n(a) the performance or exercise, or purported performance or exercise, of any of the duties, functions or powers conferred on the Parliamentary Workplace Standards and Integrity Commission or Parliamentary Workplace Standards and Integrity Commission officer in respect of any matter; or\n\n(b) the compliance with procedural fairness requirements in the performance of functions under the **Parliamentary Workplace Standards and Integrity Act 2024** or any other Act, including in the conduct of investigations and the making of reports and recommendations under that Act or any other Act.\n\nS. 43(6B) inserted by No. 27/2024 s. 169.\n\n(6B) Without limiting the generality of subsection (6A), a complaint may be made on the basis that specified conduct was—\n\nS. 43(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.76).\n\n(7) A person may make a complaint to Integrity Oversight Victoria about the conduct of the Chief Examiner or an Examiner in respect of—\n\n(b) compliance with the **Major Crime (Investigative Powers) Act 2004**.\n\n(8) Without limiting the generality of subsection (7), a complaint may be made on the basis that specified conduct was—\n\nS. 43(9) inserted by No. 20/2017 s. 112, amended by No. 31/2024 s. 113(Sch. 1 item 1.76).\n\n(9) A person may make a complaint to Integrity Oversight Victoria about the conduct of an officer of the Office of the Victorian Information Commissioner in respect of—\n\nS. 43(9)(b) substituted by No. 2/2019 s. 137.\n\n(b) the compliance with procedural fairness requirements in—\n\n(i) the exercise, or purported exercise, of coercive powers under the **Freedom of Information Act 1982** and the **Privacy and Data Protection Act 2014**; and\n\n(ii) the conduct of investigations under Part VIB of the **Freedom of Information Act 1982**; and\n\n(iii) the making of recommendations under section 61L of the **Freedom of Information Act 1982**; and\n\n(iv) the making of investigation reports under section 61Q of the **Freedom of Information Act 1982**; and\n\n(v) the making of compliance notices under Part 3 of the **Privacy and Data Protection Act 2014**.\n\nS. 43(10) inserted by No. 20/2017 s. 112.\n\n(10) Without limiting the generality of subsection (9), a complaint may be made on the basis that specified conduct was—\n\nS. 43(11)(12) inserted by No. 50/2021 s. 108, repealed by No. 31/2023 s. 23.\n\nS. 43A inserted by No. 2/2019 s. 138.\n\n","sortOrder":64},{"sectionNumber":"43A","sectionType":"section","heading":"Form of complaint","content":"\t43A Form of complaint\n\nS. 43A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.77(a)).\n\n(1) Integrity Oversight Victoria may refuse to consider a complaint unless—\n\nS. 43A(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.77(b)).\n\n(a) the complaint is made to Integrity Oversight Victoria in writing; or\n\n(b) the complainant complies with a requirement made under subsection (2).\n\nS. 43A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.77(b)).\n\n(2) If a complaint to Integrity Oversight Victoria is not made in writing, Integrity Oversight Victoria may require the complainant to provide a written statement in the form (if any) specified by Integrity Oversight Victoria—\n\nS. 43A(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.77(b)).\n\n(a) confirming that the complainant wants Integrity Oversight Victoria to consider the complaint; and\n\n(b) specifying the details of the complaint.\n\nS. 44 amended by Nos 82/2012 ss 38, 205, 268, 85/2012 s. 114.\n\n","sortOrder":65},{"sectionNumber":"44","sectionType":"section","heading":"Investigation of complaint","content":"\t44 Investigation of complaint\n\nS. 44(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.78(a)).\n\n(1) Integrity Oversight Victoria may investigate a complaint made under section 43 in order to assess the conduct in respect of which the complaint is made or any other conduct relevant to the matter.\n\nS. 44(2) amended by Nos 2/2019 s. 64(1), 31/2024 s. 100(1), 31/2024 s. 113(Sch. 1 item 1.78(b)).\n\n(2) Subject to section 44A, Integrity Oversight Victoria must investigate a public interest complaint.\n\nS. 44(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).\n\n(3) If Integrity Oversight Victoria decides to investigate a complaint referred to in section 43(1), Integrity Oversight Victoria must notify the IBAC in writing unless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.\n\nS. 44(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).\n\n(4) If Integrity Oversight Victoria decides to investigate a complaint referred to in section 43(3), Integrity Oversight Victoria must notify the Auditor-General in writing unless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.\n\nS. 44(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).\n\n(5) If Integrity Oversight Victoria decides to investigate a complaint referred to in section 43(5), Integrity Oversight Victoria must notify the Ombudsman in writing unless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.\n\nS. 44(5A) inserted by No. 27/2024 s. 170(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).\n\n(5A) If Integrity Oversight Victoria decides to investigate a complaint referred to in section 43(6A), Integrity Oversight Victoria must notify the Parliamentary Workplace Standards and Integrity Commission in writing unless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.\n\nS. 44(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).\n\n(6) If Integrity Oversight Victoria decides to investigate a complaint referred to in section 43(7), Integrity Oversight Victoria must notify the Chief Examiner or the Examiner, as the case requires, in writing unless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.\n\nS. 44(6A) inserted by No. 20/2017 s. 113(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).\n\n(6A) If Integrity Oversight Victoria decides to investigate a complaint referred to in section 43(9), Integrity Oversight Victoria must notify the Information Commissioner and either the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner (as the case applies) in writing unless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.\n\nS. 44(6B) inserted by No. 2/2019 s. 64(2), amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).\n\n(6B) Before investigating a public interest complaint that relates to a Public Interest Monitor, Integrity Oversight Victoria must notify in writing—\n\n(a) the Minister, if the public interest complaint relates to the Principal Public Interest Monitor; or\n\n(b) the Principal Public Interest Monitor, if the public interest complaint relates to any other Public Interest Monitor—\n\nunless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.\n\nS. 44(6C) inserted by No. 50/2021 s. 109(1), repealed by No. 31/2023 s. 24(1).\n\nS. 44(7) amended by Nos 20/2017 s. 113(2), 2/2019 s. 64(3), 50/2021 s. 109(2), 31/2023 s. 24(2), 27/2024 s. 170(2), 31/2024 s. 113(Sch. 1 item 1.78(b)).\n\n(7) Despite subsections (3), (4), (5), (5A), (6), (6A) and (6B) but subject to subsection (8), Integrity Oversight Victoria must not in any notice under those subsections include any information likely to lead to the identification of a person who has made an assessable disclosure.\n\nS. 44(8) amended by Nos 2/2019 s. 64(4), 31/2024 s. 113(Sch. 1 item 1.78(b)).\n\n(8) However, Integrity Oversight Victoria may in a notice referred to in subsection (7) include information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies.\n\nS. 44(9) inserted by No. 31/2024 s. 100(2), amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).\n\n(9) If Integrity Oversight Victoria decides to investigate a complaint made under section 43, Integrity Oversight Victoria may advise the complainant that the complaint will be investigated.\n\nS. 44A (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.79).\n\nS. 44A inserted by No. 31/2024 s. 101.\n\n","sortOrder":66},{"sectionNumber":"44A","sectionType":"section","heading":"Integrity Oversight Victoria may refuse to investigate certain public interest complaints","content":"\t44A Integrity Oversight Victoria may refuse to investigate certain public interest complaints\n\nS. 44A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.80(a)).\n\n(1) Integrity Oversight Victoria may refuse to investigate a public interest complaint if Integrity Oversight Victoria considers—\n\n(a) the subject matter of the public interest complaint is trivial; or\n\n(b) the public interest complaint is frivolous or vexatious; or\n\n(c) the public interest complaint lacks substance or credibility; or\n\n(d) the public interest complaint was not made genuinely or was made for a mischievous purpose; or\n\n(e) the conduct that is the subject of the public interest complaint does not amount to improper conduct within the meaning of the **Public Interest Disclosures Act 2012**; or\n\n(f) the conduct that is the subject of the public interest complaint does not amount to detrimental action against a person in contravention of section 45 of the **Public Interest Disclosures Act 2012**; or\n\n(g) investigation of the public interest complaint would prejudice any criminal proceedings or criminal investigations.\n\nS. 44A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.80(b)).\n\n(2) Integrity Oversight Victoria may refuse to investigate a public interest complaint if the person who made the public interest complaint—\n\n(a) made the disclosure that was determined to be a public interest complaint more than 12 months after becoming aware of the disclosed matter; and\n\n(b) fails to give a satisfactory explanation for the delay in making the disclosure.\n\nS. 44B inserted by No. 31/2024 s. 101.\n\n","sortOrder":67},{"sectionNumber":"44B","sectionType":"section","heading":"Investigation of public interest complaint when other proceedings on foot","content":"\t44B Investigation of public interest complaint when other proceedings on foot\n\nS. 44B(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.81(a)).\n\n(1) Integrity Oversight Victoria may commence or continue to investigate a public interest complaint despite the fact that any proceedings (whether civil or criminal) are on foot, or are commenced, in any court or tribunal that relate to, or are otherwise connected with, the subject matter of the investigation.\n\nS. 44B(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.81(b)).\n\n(2) If Integrity Oversight Victoria is or becomes aware that such proceedings are on foot, or have been commenced, Integrity Oversight Victoria must take all reasonable steps to ensure that the conduct of the investigation does not prejudice those proceedings.\n\nS. 45 (Heading) amended by No. 2/2019 s. 65(1).\n\nS. 45 inserted by No. 85/2012 s. 115.\n\n","sortOrder":68},{"sectionNumber":"45","sectionType":"section","heading":"Advice to person who made public interest complaint","content":"\t45 Advice to person who made public interest complaint\n\nS. 45(1) amended by Nos 2/2019 s. 65(2), 31/2024 s. 102(1), 31/2024 s. 113(Sch. 1 item 1.82(a)).\n\n(1) Subject to subsections (3) and (4), Integrity Oversight Victoria must advise a person who made a public interest complaint that the public interest complaint will be investigated.\n\n(2) Advice provided under subsection (1) must be provided in writing and within a reasonable time after—\n\nS. 45(2)(a) amended by Nos 2/2019 s. 65(3), 31/2024 s. 113(Sch. 1 item 1.82(a)).\n\n(a) in the case of a public interest complaint referred to in paragraph (a) of the definition of ***public interest complaint***—Integrity Oversight Victoria has determined that the disclosure is a public interest complaint; or\n\nS. 45(2)(b) amended by Nos 2/2019 s. 65(3), 31/2024 s. 113(Sch. 1 item 1.82(a)).\n\n(b) in the case of a public interest complaint referred to in paragraph (b) of the definition of ***public interest complaint***—the public interest complaint is received by Integrity Oversight Victoria on referral by the IBAC.\n\nS. 45(2A) inserted by No. 31/2024 s. 102(2).\n\n(2A) Advice provided under subsection (1) must include a statement as to the effect of section 97AA.\n\nS. 45(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.82).\n\n(3) Integrity Oversight Victoria must not provide advice under subsection (1) if Integrity Oversight Victoria considers on reasonable grounds that to do so would—\n\n(a) not be in the public interest or in the interests of justice; or\n\n(b) put a person's safety at risk; or\n\n(c) cause unreasonable damage to a person's reputation; or\n\nS. 45(3)(d) amended by Nos 37/2014 s. 10(Sch. item 179.2), 31/2024 s. 113(Sch. 1 item 1.82(a)).\n\n(d) prejudice an investigation by Victoria Police, Integrity Oversight Victoria or the IBAC; or\n\n(e) otherwise contravene any applicable statutory secrecy obligations; or\n\n(f) involve the unreasonable disclosure of information relating to the personal affairs of any person.\n\nS. 45(4) inserted by No. 31/2024 s. 102(3), amended by No. 31/2024 s. 113(Sch. 1 item 1.82(a)).\n\n(4) If, under section 44A, Integrity Oversight Victoria refuses to investigate a public interest complaint, Integrity Oversight Victoria must, within a reasonable time, give the person who made the complaint written advice of—\n\n(a) the refusal; and\n\n(b) the reason for the refusal.\n\nS. 46 amended by No. 82/2012 ss 39, 206, 269.\n\n","sortOrder":69},{"sectionNumber":"46","sectionType":"section","heading":"Own motion investigation","content":"\t46 Own motion investigation\n\nS. 46(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.83).\n\n(1) Integrity Oversight Victoria may on its own motion in the course of performing its functions investigate the conduct of the IBAC or IBAC personnel in respect of the—\n\n(a) performance or exercise; or\n\n(b) failure to perform or exercise; or\n\n(c) purported performance or purported exercise—\n\nby the IBAC or IBAC personnel of the duties, functions or powers conferred on the IBAC or IBAC personnel in relation to any matter.\n\nS. 46(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.83).\n\n(2) Integrity Oversight Victoria may on its own motion in the course of performing its functions investigate the conduct of a VAGO officer in respect of—\n\nS. 46(2)(b) amended by No. 12/2019 s. 14.\n\n(b) the compliance with sections 30, 31, 32, 33, 34, 35, 36, 37, 39, 43, 44, 45, 46 and 51 of the **Audit Act 1994**.\n\nS. 46(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.83).\n\n(3) Integrity Oversight Victoria may on its own motion in the course of performing its functions investigate the conduct of an Ombudsman officer in respect of—\n\n(b) the compliance with procedural fairness requirements in the performance of functions under the **Ombudsman Act 1973** or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the **Ombudsman Act 1973** or any other Act.\n\nS. 46(3A) inserted by No. 27/2024 s. 171, amended by No. 31/2024 s. 113(Sch. 1 item 1.83).\n\n(3A) Integrity Oversight Victoria, on its own motion, may investigate the conduct of the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer in respect of—\n\n(a) the performance or exercise, or purported performance or exercise, of any of the duties, functions or powers conferred on the Parliamentary Workplace Standards and Integrity Commission or Parliamentary Workplace Standards and Integrity Commission officer in respect of any matter; or\n\n(b) the compliance with procedural fairness requirements in the performance of functions under that Act or any other Act, including in the conduct of investigations and the making of reports and recommendations under that Act or any other Act.\n\nS. 46(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.83).\n\n(4) Integrity Oversight Victoria, on its own motion, may investigate the conduct of the Chief Examiner or an Examiner in respect of—\n\n(b) compliance with the **Major Crime (Investigative Powers) Act 2004**.\n\nS. 46(5) inserted by No. 20/2017 s. 114, amended by No. 31/2024 s. 113(Sch. 1 item 1.83).\n\n(5) Integrity Oversight Victoria, on its own motion, may investigate the conduct of an officer of the Office of the Victorian Information Commissioner in respect of—\n\nS. 46(5)(b) substituted by No. 2/2019 s. 139.\n\n(b) the compliance with procedural fairness requirements in—\n\n(i) the exercise, or purported exercise, of coercive powers under the **Freedom of Information Act 1982** and the **Privacy and Data Protection Act 2014**; and\n\n(ii) the conduct of investigations under Part VIB of the **Freedom of Information Act 1982**; and\n\n(iii) the making of recommendations under section 61L of the **Freedom of Information Act 1982**; and\n\n(iv) the making of investigation reports under section 61Q of the **Freedom of Information Act 1982**; and\n\n(v) the making of compliance notices under Part 3 of the **Privacy and Data Protection Act 2014**.\n\nS. 46(5)(c) repealed by No. 2/2019 s. 139.\n\nS. 46(6) inserted by No. 21/2020 s. 89, amended by No. 31/2024 s. 113(Sch. 1 item 1.83), repealed by No. 35/2025 s. 96.\n\nS. 46(7) inserted by No. 50/2021 s. 110, repealed by No. 31/2023 s. 25.\n\nS. 47 amended by No. 82/2012 ss 40, 207, 270.\n\n","sortOrder":70},{"sectionNumber":"47","sectionType":"section","heading":"Conduct of investigation","content":"\t47 Conduct of investigation\n\nS. 47(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(1) For the purposes of conducting an investigation in relation to the IBAC or IBAC personnel, Integrity Oversight Victoria—\n\n(a) may investigate any aspect of the IBAC's operations or any conduct of IBAC personnel;\n\n(b) has full and free access to all the records of the IBAC and may copy any record or part of any record of the IBAC;\n\nS. 47(1)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(c) may require the IBAC or any IBAC personnel to give Integrity Oversight Victoria any information in its or that person's possession which Integrity Oversight Victoria considers is relevant to the investigation;\n\nS. 47(1)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(d) may require any IBAC personnel to attend before Integrity Oversight Victoria to answer questions or to produce documents or other things relating to any aspect of the IBAC's operations or the conduct of IBAC personnel.\n\nS. 47(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(2) For the purposes of conducting an investigation in relation to a VAGO officer, Integrity Oversight Victoria—\n\n(a) may investigate any aspect of the operations of the Auditor-General or any conduct of a VAGO officer;\n\n(b) has full and free access to all the records of the Auditor-General and may copy any record or part of any record of the Auditor-General;\n\nS. 47(2)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(c) may require a VAGO officer to give Integrity Oversight Victoria any information in the VAGO officer's possession which Integrity Oversight Victoria considers is relevant to the investigation;\n\nS. 47(2)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(d) may require a VAGO officer to attend before Integrity Oversight Victoria to answer questions or to produce documents or other things relating to operations of the Auditor-General or the conduct of any VAGO officer.\n\nS. 47(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(3) For the purposes of conducting an investigation in relation to an Ombudsman officer, Integrity Oversight Victoria—\n\n(a) may investigate any aspect of the operations of the Ombudsman or any conduct of an Ombudsman officer;\n\n(b) has full and free access to all the records of the Ombudsman and may copy any record or part of any record of the Ombudsman;\n\nS. 47(3)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(c) may require an Ombudsman officer to give Integrity Oversight Victoria any information in the Ombudsman officer's possession which Integrity Oversight Victoria considers is relevant to the investigation;\n\nS. 47(3)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(d) may require an Ombudsman officer to attend before Integrity Oversight Victoria to answer questions or to produce documents or other things relating to operations of the Ombudsman or any conduct of an Ombudsman officer.\n\nS. 47(3A) inserted by No. 27/2024 s. 172, amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(3A) For the purposes of conducting an investigation in relation to the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer, Integrity Oversight Victoria—\n\n(a) may investigate any aspect of the Parliamentary Workplace Standards and Integrity Commission's operations or the conduct of Parliamentary Workplace Standards and Integrity Commission officers; and\n\n(b) has full and free access to all the records of the Parliamentary Workplace Standards and Integrity Commission and may copy any record or part of any record of the Parliamentary Workplace Standards and Integrity Commission; and\n\nS. 47(3A)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(c) may require the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer to give Integrity Oversight Victoria any information in the Parliamentary Workplace Standards and Integrity Commission's or Parliamentary Workplace Standards and Integrity Commission officer's possession which Integrity Oversight Victoria considers is relevant to the investigation; and\n\nS. 47(3A)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(d) may require a Parliamentary Workplace Standards and Integrity Commission officer to attend before Integrity Oversight Victoria to answer questions or to produce documents or other things relating to any aspect of the Parliamentary Workplace Standards and Integrity Commission's operations or the conduct of Parliamentary Workplace Standards and Integrity Commission officers.\n\nS. 47(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(4) For the purposes of conducting an investigation in relation to the Chief Examiner or an Examiner, Integrity Oversight Victoria—\n\n(a) may investigate any aspect of—\n\n(i) the Chief Examiner's conduct or the carrying out of his or her functions; or\n\n(ii) any conduct of an Examiner or the carrying out of his or her functions;\n\n(b) has full and free access to all the records of the Chief Examiner and any Examiner and may copy any record, or part of any record, of the Chief Examiner or an Examiner;\n\nS. 47(4)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(c) may require the Chief Examiner or any Examiner to give Integrity Oversight Victoria any information in that person's possession which Integrity Oversight Victoria considers is relevant to the investigation;\n\nS. 47(4)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(d) may require the Chief Examiner or any Examiner to attend before Integrity Oversight Victoria to answer questions or to produce documents or other things relating to—\n\n(i) the Chief Examiner's conduct or the carrying out of his or her functions; or\n\n(ii) the conduct of an Examiner or the carrying out of his or her functions.\n\nS. 47(4A) inserted by No. 20/2017 s. 115, amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(4A) For the purposes of conducting an investigation in relation to an officer of the Office of the Victorian Information Commissioner, Integrity Oversight Victoria—\n\n(a) may investigate any aspect of—\n\n(i) the operations of the Office of the Victorian Information Commissioner; or\n\n(ii) any conduct of an officer of the Office of the Victorian Information Commissioner; and\n\n(b) has full and free access to all the records of the Office of the Victorian Information Commissioner and may copy any record, or part of any record of the Office of the Victorian Information Commissioner; and\n\nS. 47(4A)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(c) may require an officer within the Office of the Victorian Information Commissioner to give Integrity Oversight Victoria any information in that officer's possession which Integrity Oversight Victoria considers is relevant to the investigation; and\n\nS. 47(4A)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(d) may require an officer within the Office of the Victorian Information Commissioner to attend before Integrity Oversight Victoria to answer questions or to produce documents relating to—\n\n(i) operations of the Office of the Victorian Information Commissioner; or\n\n(ii) the conduct of any officer of the Office of the Victorian Information Commissioner.\n\nS. 47(4B) inserted by No. 2/2019 s. 66, amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(4B) For the purposes of conducting an investigation in relation to a Public Interest Monitor, Integrity Oversight Victoria—\n\n(a) may investigate any aspect of the conduct of a Public Interest Monitor or a person who assists a Public Interest Monitor; and\n\n(b) has full and free access to all the records of the Public Interest Monitor and may copy any record, or part of any record, of the Public Interest Monitor; and\n\nS. 47(4B)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(c) may require a Public Interest Monitor or a person who assists a Public Interest Monitor to give Integrity Oversight Victoria any information in that person's possession which Integrity Oversight Victoria considers is relevant to the investigation; and\n\nS. 47(4B)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(d) may require a Public Interest Monitor or a person who assists a Public Interest Monitor to attend before Integrity Oversight Victoria to answer questions or to produce documents or other things relating to the conduct of the Public Interest Monitor.\n\nS. 47(4C) inserted by No. 21/2020 s. 90, amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)), repealed by No. 35/2025 s. 97(a).\n\nS. 47(4D) inserted by No. 50/2021 s. 111(1), repealed by No. 31/2023 s. 26(1).\n\nS. 47(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(b)).\n\n(5) Integrity Oversight Victoria may commence or continue an investigation despite the fact that any proceedings are on foot, or are instituted, in any court or tribunal that relate to or are otherwise connected with the subject-matter of the investigation.\n\nS. 47(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(6) If Integrity Oversight Victoria is or becomes aware that proceedings referred to in subsection (5) are on foot or have been instituted, Integrity Oversight Victoria must take all reasonable steps to ensure that the conduct of the investigation does not prejudice those proceedings.\n\nS. 47(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.84).\n\n(7) Integrity Oversight Victoria may adjourn or suspend the conduct of an investigation if Integrity Oversight Victoria considers that it is in the interests of justice to do so.\n\nS. 47(8) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(8) If Integrity Oversight Victoria considers that it is necessary to do so, Integrity Oversight Victoria—\n\n(a) may conduct an investigation in relation to the IBAC or IBAC personnel even though the IBAC is investigating a related matter; and\n\n(b) may conduct an investigation in relation to an Ombudsman officer even though the Ombudsman is investigating a related matter; and\n\nS. 47(8)(c) amended by No. 12/2019 s. 15.\n\n(c) may conduct an investigation in relation to a VAGO officer even though the Auditor-General is conducting an audit or assurance review into a related matter.\n\nS. 47(9) amended by No. 31/2024 s. 113(Sch. 1 item 1.84(a)).\n\n(9) If Integrity Oversight Victoria considers that it is necessary to do so, Integrity Oversight Victoria may conduct an investigation under this Division even though the Chief Examiner or an Examiner is investigating a related matter.\n\nS. 47(9A) inserted by No. 50/2021 s. 111(2), repealed by No. 31/2023 s. 26(1).\n\nS. 47(10) inserted by No. 11/2021 s. 175, amended by Nos 50/2021 s. 111(3), 31/2023 s. 26(2), 31/2024 s. 103, 35/2025 s. 97(b).\n\n(10) A requirement under subsection (1)(d), (2)(d), (3)(d), (4)(d), (4A)(d) or 4B(d) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.\n\nS. 47(11) inserted by No. 11/2021 s. 175.\n\n(11) A requirement referred to in subsection (10), that provides for attendance as described in that subsection—\n\n(b) may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.\n\nS. 48 amended by No. 82/2012 ss 41, 208, 271.\n\n","sortOrder":71},{"sectionNumber":"48","sectionType":"section","heading":"Requirement to provide assistance","content":"\t48 Requirement to provide assistance\n\nS. 48(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.85).\n\n(1) The IBAC must—\n\n(b) ensure that IBAC personnel give any assistance—\n\nto Integrity Oversight Victoria which Integrity Oversight Victoria reasonably requires to enable Integrity Oversight Victoria to conduct any investigation in relation to the IBAC or IBAC personnel under this Part.\n\nS. 48(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.85).\n\n(2) The Auditor-General must—\n\n(b) ensure that VAGO officers give any assistance—\n\nto Integrity Oversight Victoria which Integrity Oversight Victoria reasonably requires to enable Integrity Oversight Victoria to conduct any investigation in relation to a VAGO officer under this Part.\n\nS. 48(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.85).\n\n(3) The Ombudsman must—\n\n(b) ensure that Ombudsman officers give any assistance—\n\nto Integrity Oversight Victoria which Integrity Oversight Victoria reasonably requires to enable Integrity Oversight Victoria to conduct any investigation in relation to an Ombudsman officer under this Part.\n\nS. 48(3A) inserted by No. 27/2024 s. 173, amended by No. 31/2024 s. 113(Sch. 1 item 1.85).\n\n(3A) The Parliamentary Workplace Standards and Integrity Commission must—\n\n(b) ensure that Parliamentary Workplace Standards and Integrity Commission officers give any assistance—\n\nto Integrity Oversight Victoria which Integrity Oversight Victoria reasonably requires to enable Integrity Oversight Victoria to conduct any investigation in relation to the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer under this Part.\n\nS. 48(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.85).\n\n(4) The Chief Examiner and Examiners must give any assistance to Integrity Oversight Victoria which Integrity Oversight Victoria reasonably requires to enable Integrity Oversight Victoria to conduct any investigation under this Part.\n\nS. 48(5) inserted by No. 20/2017 s. 116, amended by No. 31/2024 s. 113(Sch. 1 item 1.85).\n\n(5) The Information Commissioner must—\n\n(b) ensure that officers of the Office of the Victorian Information Commissioner give any assistance—\n\nto Integrity Oversight Victoria which Integrity Oversight Victoria reasonably requires to enable Integrity Oversight Victoria to conduct any investigation in relation to an officer of the Office of the Victorian Information Commissioner under this Part.\n\nS. 48(6) inserted by No. 2/2019 s. 67, amended by No. 31/2024 s. 113(Sch. 1 item 1.85).\n\n(6) The Principal Public Interest Monitor must—\n\n(b) ensure that any other Public Interest Monitor and any staff or other persons assisting a Public Interest Monitor give any assistance—\n\nto Integrity Oversight Victoria which Integrity Oversight Victoria reasonably requires to enable Integrity Oversight Victoria to conduct any investigation of a public interest complaint under this Part that relates to a Public Interest Monitor.\n\nS. 48(7) inserted by No. 21/2020 s. 91, amended by No. 31/2024 s. 113(Sch. 1 item 1.85), repealed by No. 35/2025 s. 98.\n\nS. 48(8) inserted by No. 50/2021 s. 112, repealed by No. 31/2023 s. 27.\n\nS. 48A inserted by No. 59/2014 s. 27.\n\n","sortOrder":72},{"sectionNumber":"48A","sectionType":"section","heading":"Withdrawal of complaint","content":"\t48A Withdrawal of complaint\n\n(1) Subject to subsection (4), a person who makes a complaint may withdraw the complaint at any time after making it.\n\nS. 48A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.86).\n\n(2) If a complaint is withdrawn, Integrity Oversight Victoria may continue to investigate the matter that is the subject of the complaint.\n\nS. 48A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.86).\n\n(3) If a complaint is withdrawn and Integrity Oversight Victoria continues to investigate the matter that is the subject of the complaint, the investigation is taken to be an investigation conducted by Integrity Oversight Victoria on its own motion.\n\nS. 48A(4) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 5).\n\n(4) A complaint that is a public interest complaint may not be withdrawn.\n\nPt 6 Div. 1A (Heading and ss 48B–48E) inserted by No. 30/2016 s. 76.\n\n","sortOrder":73},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Preliminary inquiries","content":"Division 1A—Preliminary inquiries\n\nS. 48B (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.87).\n\nS. 48B inserted by No. 30/2016 s. 76, amended by No. 31/2024 s. 113(Sch. 1 item 1.88).\n\n","sortOrder":74},{"sectionNumber":"48B","sectionType":"section","heading":"Integrity Oversight Victoria may conduct preliminary inquiry","content":"\t48B Integrity Oversight Victoria may conduct preliminary inquiry\n\nIntegrity Oversight Victoria may conduct a preliminary inquiry for the purpose of determining whether to investigate a complaint under section 44.\n\nS. 48C (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.89).\n\nS. 48C inserted by No. 30/2016 s. 76, amended by No. 31/2024 s. 113(Sch. 1 item 1.90).\n\n","sortOrder":75},{"sectionNumber":"48C","sectionType":"section","heading":"Integrity Oversight Victoria may conduct a preliminary inquiry in relation to an own motion investigation","content":"\t48C Integrity Oversight Victoria may conduct a preliminary inquiry in relation to an own motion investigation\n\nIntegrity Oversight Victoria 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.\n\nS. 48D inserted by No. 30/2016 s. 76, amended by No. 2/2019 s. 140.\n\n","sortOrder":76},{"sectionNumber":"48D","sectionType":"section","heading":"Divisions 2 and 3 do not apply","content":"\t48D Divisions 2 and 3 do not apply\n\nDivisions 2 and 3 of this Part do not apply to, or in respect of, a preliminary inquiry.\n\nS. 48E inserted by No. 30/2016 s. 76, amended by Nos 50/2021 s. 113, 31/2023 s. 28, 27/2024 s. 174, 31/2024 s. 113(Sch. 1 item 1.91).\n\n","sortOrder":77},{"sectionNumber":"48E","sectionType":"section","heading":"Persons to provide assistance","content":"\t48E Persons to provide assistance\n\nThe IBAC, the Auditor-General, the Ombudsman, the Parliamentary Workplace Standards and Integrity Commission and the Chief Examiner must provide any assistance to Integrity Oversight Victoria that Integrity Oversight Victoria reasonably requires in the conduct of a preliminary inquiry.\n\nPt 6 Div. 2 (Heading and ss 49–67) inserted by No. 19/2012 s. 12.\n\nDivision 2—Inquiries\n\nS. 49 inserted by No. 19/2012 s. 12, amended by No. 31/2024 s. 113(Sch. 1 item 1.92).\n\n","sortOrder":78},{"sectionNumber":"49","sectionType":"section","heading":"Power to hold inquiry","content":"\t49 Power to hold inquiry\n\nFor the purpose of conducting investigations, Integrity Oversight Victoria may hold an inquiry into any matter arising out of the investigation.\n\nS. 50 inserted by No. 19/2012 s. 12, amended by Nos 82/2012 ss 42, 209, 272(1), 31/2024 s. 113(Sch. 1 item 1.93).\n\n","sortOrder":79},{"sectionNumber":"50","sectionType":"section","heading":"Conduct of inquiry","content":"\t50 Conduct of inquiry\n\nIn conducting an inquiry, Integrity Oversight Victoria—\n\n(a) may hold an examination;\n\n(b) is not bound by the rules of evidence;\n\nS. 50(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.93).\n\n(c) may regulate the procedure of the inquiry as Integrity Oversight Victoria considers appropriate;\n\nS. 50(d) amended by Nos 50/2021 s. 114, 31/2023 s. 29.\n\n(d) may enter and search Ombudsman premises, IBAC premises or VAGO premises and inspect, copy and seize any document or thing in accordance with section 63;\n\nS. 50(da) inserted by No. 27/2024 s. 175.\n\n(da) may, after notifying the Chair of the Parliamentary Workplace Standards and Integrity Commission, enter and search Parliamentary Workplace Standards and Integrity Commission premises and inspect, copy and seize any document or thing in accordance with section 63.\n\nS. 50(e) amended by No. 20/2017 s. 117(1).\n\n(e) may, after notifying the Chief Examiner, enter and search premises of the Chief Examiner and inspect, copy and seize any document or thing in accordance with section 63;\n\nS. 50(f) inserted by No. 20/2017 s. 117(2), amended by Nos 21/2020 s. 92(1), 35/2025 s. 99(a).\n\n(f) may, after notifying the Information Commissioner, enter and search premises of the Office of the Victorian Information Commissioner and inspect, copy and seize any document or thing in accordance with section 63.\n\nS. 50(g) inserted by No. 21/2020 s. 92(2), repealed by No. 35/2025 s. 99(b).\n\nS. 51 inserted by No. 19/2012 s. 12, amended by No. 82/2012 s. 272(2).\n\n","sortOrder":80},{"sectionNumber":"51","sectionType":"section","heading":"Examination must be held in private","content":"\t51 Examination must be held in private\n\n(1) An examination must be held in private.\n\nS. 51(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.94(a)).\n\n(2) A person (other than an Integrity Oversight Victoria Officer) must not be present at the examination unless he or she is—\n\n(a) attending in accordance with a witness summons duly served under section 56 or 57; or\n\n(b) subject to section 58(2) and (8), an Australian legal practitioner representing a person who is attending in accordance with a witness summons; or\n\nS. 51(2)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.94(b)).\n\n(c) entitled to be present by reason of a direction given by Integrity Oversight Victoria under section 52; or\n\nS. 51(2)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.94(b)).\n\n(d) an Australian legal practitioner, or other person, engaged by Integrity Oversight Victoria to assist Integrity Oversight Victoria in the inquiry; or\n\nS. 51(2)(e) amended by No. 31/2024 s. 113(Sch. 1 item 1.94(b)).\n\n(e) any other person who is authorised to be present by Integrity Oversight Victoria or who is otherwise authorised to be present under this Act or any other law.\n\nS. 51(3) inserted by No. 11/2021 s. 176.\n\n(3) For the purposes of this section—\n\n(a) an examination may be conducted by audio visual link or audio link; and\n\n(b) attending an examination includes attending the examination by audio visual link or audio link.\n\nS. 51(4) inserted by No. 11/2021 s. 176.\n\n(4) For the purposes of subsection (1), an examination conducted by means of audio visual link or audio link is taken to be held in private.\n\nS. 52 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.95).\n\nS. 52 inserted by No. 19/2012 s. 12.\n\n","sortOrder":81},{"sectionNumber":"52","sectionType":"section","heading":"Integrity Oversight Victoria may give directions or order","content":"\t52 Integrity Oversight Victoria may give directions or order\n\nS. 52(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.96(a)).\n\n(1) Integrity Oversight Victoria may give directions as to the persons who—\n\n(a) may be present during an examination or part of an examination;\n\n(b) must not be present during an examination or part of an examination.\n\n(2) A direction under subsection (1) must not prevent the presence, when evidence is being taken at an examination, of—\n\n(a) subject to section 58(2) and (8), an Australian legal practitioner representing a person attending in accordance with a witness summons; or\n\nS. 52(2)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.96(b)).\n\n(b) an Integrity Oversight Victoria Officer; or\n\nS. 52(2)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.96(c)).\n\n(c) any other person authorised to be present by Integrity Oversight Victoria under this Act.\n\nS. 53 inserted by No. 19/2012 s. 12, amended by No. 82/2012 s. 43.\n\n","sortOrder":82},{"sectionNumber":"53","sectionType":"section","heading":"Witness summons","content":"\t53 Witness summons\n\nS. 53(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.97(a)).\n\n(1) For the purposes of an inquiry, Integrity Oversight Victoria may issue the following witness summonses to a person—\n\nS. 53(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.97(a)).\n\n(a) a summons to attend Integrity Oversight Victoria to give evidence at an examination at a specified time and place on a specified date;\n\nS. 53(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.97(a)).\n\n(b) a summons to attend at a specified time and place on a specified date to produce documents or other things to Integrity Oversight Victoria;\n\nS. 53(1)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.97(a)).\n\n(c) a summons to attend an examination at a specified time and place on a specified date before Integrity Oversight Victoria to give evidence and produce documents or other things.\n\nS. 53(1A) inserted by No. 11/2021 s. 177.\n\n(1A) A witness summons may specify that attendance required under the summons is to be by means of audio visual link or audio link and in a specified manner.\n\nS. 53(1B) inserted by No. 11/2021 s. 177.\n\n(1B) A witness summons that provides for attendance as described in subsection (1A)—\n\n(b) may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.\n\nS. 53(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.97(b)).\n\n(2) Integrity Oversight Victoria may, under subsection (1), issue a witness summons directed to a person if satisfied that it is reasonable to do so, having regard to—\n\n(a) the evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and\n\n(b) the age of the person and any mental impairment to which the person is known or believed to be subject.\n\nS. 53(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.97).\n\n(3) Integrity Oversight Victoria must not issue a witness summons to a person who is under the age of 18 years unless Integrity Oversight Victoria considers on reasonable grounds that—\n\n(a) the information, document or thing that the person could provide may be compelling and probative evidence; and\n\n(b) it is not practicable to obtain the information, document or thing by any other means.\n\nS. 53(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.97(a)).\n\n(4) If a person is issued with a witness summons referred to in subsection (1)(b), Integrity Oversight Victoria may excuse that person from attendance if the person produces the required documents or things to Integrity Oversight Victoria before the time and date for production specified in the witness summons in accordance with any directions given by Integrity Oversight Victoria.\n\n(5) A person to whom a witness summons is directed must, in accordance with the summons, attend from day to day unless excused from further attendance.\n\nS. 54 inserted by No. 19/2012 s. 12, amended by No. 82/2012 ss 44, 210, 273.\n\n","sortOrder":83},{"sectionNumber":"54","sectionType":"section","heading":"Content and form of witness summons","content":"\t54 Content and form of witness summons\n\n(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—\n\nS. 54(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.98).\n\n(a) to give evidence before Integrity Oversight Victoria; or\n\nS. 54(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.98).\n\n(b) to produce to Integrity Oversight Victoria any documents or other things described in the witness summons that are in the person's possession or control; or\n\n(c) to both give evidence and produce any documents or other things described in the witness summons that are in the person's possession or control.\n\nS. 54(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.98).\n\n(2) A witness summons referred to in subsection (1)(a) or (c) must state the nature of the matters about which the person to whom it is directed is to be questioned, except to the extent to which Integrity Oversight Victoria considers on reasonable grounds that this would be likely to prejudice the conduct of the inquiry to which the witness summons relates or would be contrary to the public interest.\n\n(3) A witness summons must be—\n\n(a) in the prescribed form; and\n\n(b) accompanied by a copy of any relevant confidentiality notice; and\n\n(c) accompanied by a statement setting out the matters specified in subsection (4).\n\n(4) A statement referred to in subsection (3)(c) must include the following—\n\n(a) that failure to comply with the witness summons may be an offence and penalties may apply;\n\n(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 55; and\n\n(c) that the person is entitled to seek legal advice in relation to the witness summons and the inquiry generally;\n\n(d) that the person has a right to legal representation at an examination;\n\n(e) that, if applicable, the person has a right to have an interpreter present at the examination;\n\n(f) that, if applicable, the person is required to have a parent, a guardian or an independent person present at the examination;\n\n(g) that a person may claim a privilege but—\n\n(i) a person is not excused from answering a question or giving information or from producing a document or other thing on the ground that the answer, information, document or other thing may tend to incriminate the person or make the person liable to a penalty;\n\n(ii) if the person is an IBAC personnel, the IBAC is not entitled to assert any privilege;\n\n(iii) if the person is a VAGO officer, neither the Auditor-General nor the Victorian Auditor-General's Office is entitled to assert any privilege;\n\n(iv) if the person is an Ombudsman officer, neither the Ombudsman nor the office of the Ombudsman is entitled to assert any privilege;\n\nS. 54(4)(g)(iva) inserted by No. 27/2024 s. 176.\n\n(iva) if the person is a Parliamentary Workplace Standards and Integrity Commission officer, the Parliamentary Workplace Standards and Integrity Commission is not entitled to assert any privilege;\n\n(v) if the person is the Chief Examiner or an Examiner, neither the Chief Examiner nor the Examiner is entitled to assert any privilege;\n\nS. 54(4)(g)(vi) amended by No. 37/2014 s. 10(Sch. item 179.3).\n\n(vi) if the person is a member of Victoria Police personnel, the Crown is not entitled to assert any privilege;\n\nS. 54(4)(g)(vii) inserted by No. 20/2017 s. 118(1).\n\n(vii) if the person is an officer of the Office of the Victorian Information Commissioner, neither the Information Commissioner nor the Office of the Victorian Information Commissioner is entitled to assert any privilege;\n\nS. 54(4)(g)(viii) inserted by No. 50/2021 s. 115(a), repealed by No. 31/2023 s. 30(a).\n\n(h) if a person gives any answer, information, document or other thing that might tend to incriminate the person, an immunity as to the use of that evidence may apply;\n\nS. 54(4)(i) amended by Nos 37/2014 s. 10(Sch. item 179.3), 20/2017 s. 118(2), 50/2021 s. 115(b), 31/2023 s. 30(b).\n\n(i) that, with limited exceptions in relation to a person who is an IBAC personnel, a VAGO officer, an Ombudsman officer, the Chief Examiner or an Examiner, an officer of the Office of the Victorian Information Commissioner or a member of Victoria Police personnel, statutory secrecy provisions may apply which prevent the person from answering a question or giving information or producing documents or other things;\n\n(j) any other prescribed matter.\n\nS. 55 inserted by No. 19/2012 s. 12.\n\n","sortOrder":84},{"sectionNumber":"55","sectionType":"section","heading":"Witness summons directed to person under 16 years","content":"\t55 Witness summons directed to person under 16 years\n\n(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.\n\nS. 55(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.99).\n\n(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 Integrity Oversight Victoria.\n\nS. 56 inserted by No. 19/2012 s. 12.\n\n","sortOrder":85},{"sectionNumber":"56","sectionType":"section","heading":"Service of witness summons","content":"\t56 Service of witness summons\n\n(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.\n\nS. 56(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.100).\n\n(2) Integrity Oversight Victoria may issue a witness summons requiring immediate attendance by a person before Integrity Oversight Victoria if Integrity Oversight Victoria considers on reasonable grounds that a delay in the person's attendance is likely to result in—\n\n(a) evidence being lost or destroyed; or\n\n(b) the commission of an offence; or\n\n(c) the escape of the person who is summoned; or\n\n(d) serious prejudice to the conduct of the investigation to which the witness summons relates.\n\nS. 56(3) amended by No. 11/2021 s. 178(1)(a).\n\n(3) A witness summons directed to a natural person must be served by serving a copy of the witness summons on the person personally or in accordance with subsection (3A).\n\nS. 56(3A) inserted by No. 11/2021 s. 178(2).\n\n(3A) A document that must be served personally on a person may be served on a natural person by—\n\n(a) sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or\n\n(b) delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or\n\n(c) sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or\n\n(d) leaving a copy of the document for that person—\n\n(i) at the place of business of the person's authorised legal representative; and\n\n(ii) with a person who apparently works there and who is apparently not less than 16 years of age; or\n\n(e) leaving it at that person's usual or last known place of residence with a person on the premises who is apparently not less than 16 years of age; or\n\n(f) leaving it at that person's usual or last known place of business with a person who is apparently employed at the premises and who is apparently not less than 16 years of age; or\n\n(g) delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or\n\n(h) delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.\n\nS. 56(4) amended by No. 11/2021 s. 178(1)(b).\n\n(4) A witness summons directed to a body corporate must be served by leaving a copy of the witness summons at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 16 years of age or in accordance with subsection (4A).\n\nS. 56(4A) inserted by No. 11/2021 s. 178(3).\n\n(4A) A document that must be served on a body corporate may be served by—\n\n(a) sending by registered post a copy of the document addressed to that body corporate at the registered office or principal place of business of the body corporate; or\n\n(b) delivering a copy of the document to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate.\n\nS. 56(4B) inserted by No. 11/2021 s. 178(3).\n\n(4B) For the purposes of subsections (3) and (3A), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of that other person.\n\nS. 56(4C) inserted by No. 11/2021 s. 178(3).\n\n(4C) For the purposes of subsections (3A)(b) and (h) and (4A)(b), the receipt of a document may be confirmed by any form of electronic communication.\n\n(5) Subsection (4) is in addition to, and not in derogation of, section 109X and 601CX of the Corporations Act.\n\nS. 57 inserted by No. 19/2012 s. 12.\n\n","sortOrder":86},{"sectionNumber":"57","sectionType":"section","heading":"Supreme Court may order service by other means","content":"\t57 Supreme Court may order service by other means\n\nS. 57(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.101).\n\n(1) If it appears that it is not reasonably practicable to serve a witness summons in accordance with section 56, Integrity Oversight Victoria may apply to the Supreme Court for an order that the witness summons be served by another means.\n\n(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 56, the Supreme Court may—\n\n(a) order the witness summons to be served by any other means the Supreme Court considers appropriate; or\n\n(b) make an order for substituted service.\n\nS. 57A inserted by No. 59/2014 s. 28.\n\n","sortOrder":87},{"sectionNumber":"57A","sectionType":"section","heading":"Witness already held in custody","content":"\t57A Witness already held in custody\n\nS. 57A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.102).\n\n(1) If a witness summons is issued to a person who is in a prison or a police gaol, Integrity Oversight Victoria may give a written direction that the person be delivered into the custody of a police officer for the purpose of bringing the person before Integrity Oversight Victoria as required by the witness summons.\n\n(2) A direction under subsection (1)—\n\n(a) must be in the prescribed form; and\n\nS. 57A(2)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.102).\n\n(b) must include a statement that, if the person who is the subject of the direction is under the age of 16 years at the date the direction is given, the direction is of no effect and the person is not required to attend Integrity Oversight Victoria.\n\n(3) While a person who is the subject of a direction under subsection (1) is absent from a prison or a police gaol, the person is deemed to be in the legal custody of the police officer.\n\nS. 57A(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.102).\n\n(4) The person is to be detained in the legal custody of the police officer until the person is excused by Integrity Oversight Victoria from attendance.\n\nS. 57A(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.102).\n\n(5) When the person is excused by Integrity Oversight Victoria from attendance, the police officer must return the person to the prison or the police gaol from which the person was removed.\n\nS. 58 inserted by No. 19/2012 s. 12, amended by No. 82/2012 ss 45, 211, 274.\n\n","sortOrder":88},{"sectionNumber":"58","sectionType":"section","heading":"Legal representation of witnesses and other persons","content":"\t58 Legal representation of witnesses and other persons\n\n(1) Subject to this section, a witness may be represented at an examination by an Australian legal practitioner.\n\nS. 58(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.103).\n\n(2) Integrity Oversight Victoria may direct a witness not to seek legal advice or representation in relation to a witness summons from a specified Australian legal practitioner if Integrity Oversight Victoria considers on reasonable grounds that the inquiry would be prejudiced because the Australian legal practitioner is—\n\n(a) a witness in the inquiry or another inquiry; or\n\n(b) the representative of another witness in the inquiry or another inquiry; or\n\nS. 58(2)(c) amended by Nos 20/2017 s. 119(1), 12/2019 s. 16, 50/2021 s. 116, 31/2023 s. 31, 27/2024 s. 177, 31/2024 s. 113(Sch. 1 item 1.103(b)).\n\n(c) a person involved, or suspected of being involved, in a complaint, review or matter being investigated by the Ombudsman, the Chief Examiner or an Examiner, the IBAC, the Parliamentary Workplace Standards and Integrity Commission, Integrity Oversight Victoria or the Office of the Victorian Information Commissioner or a matter that is the subject of an audit or assurance review by the Auditor-General; or\n\nS. 58(2)(d) amended by Nos 20/2017 s. 119(1), 12/2019 s. 16, 50/2021 s. 116, 31/2023 s. 31, 27/2024 s. 177, 31/2024 s. 113(Sch. 1 item 1.103(b)).\n\n(d) the representative of a person involved, or suspected of being involved, in a complaint, review or matter being investigated by the Ombudsman, the Chief Examiner or an Examiner, the IBAC, the Parliamentary Workplace Standards and Integrity Commission, Integrity Oversight Victoria or the Office of the Victorian Information Commissioner or a matter that is the subject of an audit or assurance review by the Auditor‑General.\n\n(3) A direction under subsection (2) may be made at any time, whether before, at or after the time for complying with the witness summons.\n\nS. 58(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.103(a)).\n\n(4) Integrity Oversight Victoria must advise the person bound by the direction that a direction has been made under subsection (2).\n\nS. 58(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.103(b)).\n\n(5) A person is bound by a direction under subsection (2) from the time when Integrity Oversight Victoria gives the advice to that person under subsection (4).\n\nS. 58(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.103(b)).\n\n(6) If Integrity Oversight Victoria gives a direction under subsection (2), Integrity Oversight Victoria must, unless section 56(2) applies, allow the person bound by the direction at least 3 days from the date of receipt of the direction to obtain legal advice or representation by another Australian legal practitioner before the person is required to attend for the purpose of complying with the witness summons.\n\nS. 58(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.103(b)).\n\n(7) If Integrity Oversight Victoria considers that there are special circumstances, Integrity Oversight Victoria may allow a person who is not a witness to be represented by an Australian legal practitioner during the examination of a witness.\n\nS. 58(8) amended by No. 31/2024 s. 113(Sch. 1 item 1.103).\n\n(8) Integrity Oversight Victoria may direct a person who has received a proposed report, or draft or part of a proposed report or information contained in a report or to whom a confidentiality notice is directed not to seek legal advice or representation in relation to the report or confidentiality notice from a specified Australian legal practitioner if Integrity Oversight Victoria considers on reasonable grounds that the inquiry would be prejudiced because the Australian legal practitioner is—\n\n(a) a witness in the inquiry or another inquiry; or\n\n(b) the representative of another witness in the inquiry or another inquiry; or\n\nS. 58(8)(c) amended by Nos 20/2017 s. 119(2), 12/2019 s. 16, 50/2021 s. 116, 31/2023 s. 31, 27/2024 s. 177, 31/2024 s. 113(Sch. 1 item 1.103(b)).\n\n(c) a person involved, or suspected of being involved, in a complaint, review or matter being investigated by the Ombudsman, the Chief Examiner or an Examiner, the IBAC, the Parliamentary Workplace Standards and Integrity Commission, Integrity Oversight Victoria or the Office of the Victorian Information Commissioner or a matter that is the subject of an audit or assurance review by the Auditor-General; or\n\nS. 58(8)(d) amended by Nos 20/2017 s. 119(2), 12/2019 s. 16, 50/2021 s. 116, 31/2023 s. 31, 27/2024 s. 177, 31/2024 s. 113(Sch. 1 item 1.103(b)).\n\n(d) the representative of a person involved, or suspected of being involved, in a complaint, review or matter being investigated by the Ombudsman, the Chief Examiner or an Examiner, the IBAC, the Parliamentary Workplace Standards and Integrity Commission, Integrity Oversight Victoria or the Office of the Victorian Information Commissioner or a matter that is the subject of an audit or assurance review by the Auditor-General.\n\nS. 58(9) amended by No. 31/2024 s. 113(Sch. 1 item 1.103(a)).\n\n(9) Integrity Oversight Victoria must advise the person bound by the direction that a direction has been made under subsection (8).\n\nS. 58(10) amended by No. 31/2024 s. 113(Sch. 1 item 1.103(b)).\n\n(10) A person is bound by a direction under subsection (8) from the time when Integrity Oversight Victoria gives the advice to that person under subsection (9).\n\nS. 58(11) inserted by No. 11/2021 s. 179.\n\n(11) For the purposes of this section, the attendance of an Australian legal practitioner for the purposes of representing a witness at an examination includes attendance by the practitioner by means of audio visual link or audio link.\n\nS. 59 inserted by No. 19/2012 s. 12, amended by No. 82/2012 s. 46.\n\n","sortOrder":89},{"sectionNumber":"59","sectionType":"section","heading":"Specific provisions relating to witnesses","content":"\t59 Specific provisions relating to witnesses\n\nS. 59(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.104(a)).\n\n(1) At any time during an examination, if Integrity Oversight Victoria becomes aware that a witness is under the age of 16 years, Integrity Oversight Victoria must immediately release the person from compliance with any witness summons applying to that person.\n\nS. 59(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.104(a)).\n\n(2) If a witness does not have knowledge of the English language that is sufficient to enable the witness to understand questions asked of him or her or to answer those questions, before the examination commences, or during the examination, as the case requires, Integrity Oversight Victoria must provide for a competent interpreter to be present for the examination.\n\n(3) If a witness is under the age of 18 years, the witness must be accompanied by a parent or guardian or an independent person.\n\nS. 59(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.104(b)).\n\n(4) Integrity Oversight Victoria must direct that an independent person be present during the examination of a witness if—\n\nS. 59(4)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.104(a)).\n\n(a) Integrity Oversight Victoria believes the witness has a mental impairment; or\n\nS. 59(4)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.104(a)).\n\n(b) the witness provides Integrity Oversight Victoria with reasonably satisfactory medical evidence that the witness has a mental impairment.\n\nS. 59(5) inserted by No. 11/2021 s. 180.\n\n(5) For the purposes of this section, the following persons may attend or be present at an examination, in the capacity specified in this section, by means of audio visual link or audio link—\n\n(a) an interpreter;\n\n(b) a parent or guardian;\n\n(c) an independent person.\n\nS. 60 inserted by No. 19/2012 s. 12, amended by Nos 82/2012 s. 47, 85/2012 s. 116.\n\n","sortOrder":90},{"sectionNumber":"60","sectionType":"section","heading":"Actions to be taken before questioning of a witness or requiring production of a document or other thing","content":"\t60 Actions to be taken before questioning of a witness or requiring production of a document or other thing\n\nS. 60(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.105).\n\n(1) Before a witness summoned to attend at an examination and not excused from attendance under section 53(4) is asked any questions or required to produce a document or thing, Integrity Oversight Victoria must—\n\nS. 60(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.105).\n\n(a) confirm the age of a witness if Integrity Oversight Victoria considers that a witness may be under the age of 18 years;\n\n(b) release any witness under the age of 16 years from compliance with any witness summons;\n\n(c) inform the witness orally and in writing of the person's rights and obligations as specified in section 54(4) unless—\n\n(i) the witness is represented by an Australian legal practitioner; and\n\nS. 60(1)(c)(ii) amended by No. 31/2024 s. 113(Sch. 1 item 1.105).\n\n(ii) the witness informs Integrity Oversight Victoria that, prior to the examination, an Australian legal practitioner has explained the statement referred to in section 54(3)(c) to the witness;\n\nS. 60(1)(d) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 6).\n\n(d) inform an Australian legal practitioner who is representing a witness or other person at the examination of any confidentiality notices that apply under the Act and, in the case of an investigation of a public interest complaint, the confidentiality requirements under the **Public Interest Disclosures Act 2012**;\n\n(e) take any other actions prescribed for the purposes of this subsection.\n\nS. 60(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.105).\n\n(2) Before a witness summoned to attend at an examination is asked any questions, Integrity Oversight Victoria must advise the witness of the nature of the matters in respect of which the witness is to be asked questions, except to the extent to which Integrity Oversight Victoria forms the opinion on reasonable grounds that this would prejudice the investigation or would be contrary to the public interest.\n\nS. 60(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.105).\n\n(3) For the avoidance of doubt, Integrity Oversight Victoria is not required to give reasons for forming the opinion referred to in subsection (2).\n\nS. 61 (Heading) amended by No. 2/2019, s. 72(Sch. 1 Pt B item 7).\n\nS. 61 inserted by No. 85/2012 s. 117, amended by No. 31/2024 s. 113(Sch. 1 item 1.106).\n\n\t61 Witness attending examination in relation to investigation of public interest complaint to be informed of confidentiality obligations\n\nBefore a person attending as a witness at an examination (whether voluntarily or in response to a summons) is asked any questions or required to produce a document or thing, Integrity Oversight Victoria must—\n\nS. 61(a) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 8).\n\n(a) advise the person that obligations under the **Public Interest Disclosures Act 2012** relating to confidentiality may apply to the person; and\n\n(b) inform the person of the nature of those obligations.\n\nS. 62 inserted by No. 19/2012 s. 12.\n\n","sortOrder":91},{"sectionNumber":"62","sectionType":"section","heading":"Power to examine on oath or affirmation","content":"\t62 Power to examine on oath or affirmation\n\nS. 62(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.107).\n\n(1) An Integrity Oversight Victoria Officer who is authorised to do so by the Chief Integrity Inspector may administer an oath or affirmation to a person.\n\nS. 62(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.107).\n\n(2) An Integrity Oversight Victoria Officer who is authorised to do so by the Chief Integrity Inspector may, in relation to a person summoned to attend at an examination—\n\n(a) require the person to either take an oath or make an affirmation;\n\n(b) administer an oath or affirmation to the person;\n\n(c) examine the person and require the person to answer questions or provide information in accordance with the witness summons;\n\n(d) require the person to produce documents or things in accordance with the witness summons.\n\nS. 62(3) amended by Nos 6/2018 s. 68(Sch. 2 item 135.1), 31/2024 s. 113(Sch. 1 item 1.107(a)).\n\n(3) An Integrity Oversight Victoria Officer may witness a statutory declaration from any witness or other person.\n\nS. 63 inserted by No. 19/2012 s. 12, amended by No. 82/2012 ss 48, 212, 275.\n\n","sortOrder":92},{"sectionNumber":"63","sectionType":"section","heading":"Powers of entry, inspection and seizure","content":"\t63 Powers of entry, inspection and seizure\n\nS. 63(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.108(a)).\n\n(1) Subject to subsection (2), if Integrity Oversight Victoria considers on reasonable grounds there are documents or other things that are relevant to an inquiry in relation to the IBAC or IBAC personnel which are on IBAC premises, Integrity Oversight Victoria may authorise an Integrity Oversight Victoria Officer, with such assistance as the Integrity Oversight Victoria Officer thinks fit, to—\n\nS. 63(1)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.108  \n(a)(i)).\n\n(d) seize any document or other thing found at those premises that is relevant to the inquiry and keep it until Integrity Oversight Victoria has completed its inquiry.\n\nS. 63(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.108(b)).\n\n(2) Integrity Oversight Victoria must not exercise the power conferred by subsection (1) in respect of the IBAC unless Integrity Oversight Victoria considers on reasonable grounds that the IBAC, or any IBAC personnel, has wilfully failed to give assistance in accordance with section 48(1).\n\nS. 63(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.108(c)).\n\n(3) Subject to subsection (4), if Integrity Oversight Victoria considers on reasonable grounds there are documents or other things that are relevant to an inquiry in relation to a VAGO officer which are on VAGO premises, Integrity Oversight Victoria may authorise an Integrity Oversight Victoria Officer, with such assistance as the Integrity Oversight Victoria Officer thinks fit, to—\n\nS. 63(3)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.108  \n(c)(i)).\n\n(d) seize any document or other thing found at those premises that is relevant to the inquiry and keep it until Integrity Oversight Victoria has completed its inquiry.\n\nS. 63(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.108(d)).\n\n(4) Integrity Oversight Victoria must not exercise the power conferred by subsection (3) unless Integrity Oversight Victoria considers on reasonable grounds that the Auditor-General or any VAGO officer has wilfully failed to give assistance in accordance with section 48(2).\n\nS. 63(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.108(e)).\n\n(5) Subject to subsection (6), if Integrity Oversight Victoria considers on reasonable grounds there are documents or other things that are relevant to an inquiry in relation to an Ombudsman officer which are on Ombudsman premises, Integrity Oversight Victoria may authorise an Integrity Oversight Victoria Officer, with such assistance as the Integrity Oversight Victoria Officer thinks fit, to—\n\nS. 63(5)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.108  \n(e)(i)).\n\n(d) seize any document or other thing found at those premises that is relevant to the inquiry and keep it until Integrity Oversight Victoria has completed its inquiry.\n\nS. 63(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.108(f)).\n\n(6) Integrity Oversight Victoria must not exercise the power conferred by subsection (5) unless Integrity Oversight Victoria considers on reasonable grounds that the Ombudsman or any Ombudsman officer has wilfully failed to give assistance in accordance with section 48(3).\n\nS. 63(6A) inserted by No. 27/2024 s. 178, amended by No. 27/2024 s. 188(Sch. 3 item 1.3(a)).\n\n(6A) Subject to subsection (6B), if Integrity Oversight Victoria considers on reasonable grounds there are documents or other things that are relevant to an inquiry in relation to the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer which are on Parliamentary Workplace Standards and Integrity Commission premises, Integrity Oversight Victoria may authorise an Integrity Oversight Victoria Officer, with such assistance as Integrity Oversight Victoria Officer thinks fit, to—\n\nS. 63(6A)(d) amended by No. 27/2024 s. 188(Sch. 3 item 1.3(a)(i)).\n\n(d) seize any document or other thing found at those premises that is relevant to the inquiry and keep it until Integrity Oversight Victoria has completed its inquiry.\n\nS. 63(6B) inserted by No. 27/2024 s. 178, amended by No. 27/2024 s. 188(Sch. 3 item 1.3(b)).\n\n(6B) Integrity Oversight Victoria must not exercise the power conferred by subsection (6A) in respect of the Parliamentary Workplace Standards and Integrity Commission unless Integrity Oversight Victoria considers on reasonable grounds that the Parliamentary Workplace Standards and Integrity Commission, or any Parliamentary Workplace Standards and Integrity Commission officer, has wilfully failed to give assistance in accordance with section 48(3A).\n\nS. 63(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.108(g)).\n\n(7) Subject to subsection (8), if Integrity Oversight Victoria considers on reasonable grounds there are documents or other things that are relevant to an inquiry in relation to the Chief Examiner or an Examiner which are on the premises of the Chief Examiner, Integrity Oversight Victoria may authorise an Integrity Oversight Victoria Officer, with such assistance as the Integrity Oversight Victoria Officer thinks fit, and after notifying the Chief Examiner to—\n\nS. 63(7)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.108  \n(g)(i)).\n\n(d) seize any document or other thing found at those premises that is relevant to the inquiry and keep it until Integrity Oversight Victoria has completed its inquiry.\n\nS. 63(8) amended by No. 31/2024 s. 113(Sch. 1 item 1.108(h)).\n\n(8) Integrity Oversight Victoria must not exercise the power conferred by subsection (7) unless Integrity Oversight Victoria considers on reasonable grounds that the Chief Examiner or an Examiner has wilfully failed to give assistance in accordance with section 48(4).\n\nS. 63(9) inserted by No. 20/2017 s. 120, amended by No. 31/2024 s. 113(Sch. 1 item 1.108(i)).\n\n(9) Subject to subsection (10), if Integrity Oversight Victoria considers on reasonable grounds there are documents that are relevant to an inquiry in relation to an officer of the Office of the Victorian Information Commissioner which are on the premises of the Office of the Victorian Information Commissioner, Integrity Oversight Victoria may authorise an Integrity Oversight Victoria Officer, with such assistance as the Integrity Oversight Victoria Officer thinks fit, and after notifying the Information Commissioner to—\n\n(b) search those premises for documents that are relevant to the inquiry; and\n\n(c) inspect or copy any document found at those premises; and\n\nS. 63(9)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.108  \n(i)(i)).\n\n(d) seize any document found at those premises that is relevant to the inquiry and keep it until Integrity Oversight Victoria has completed its inquiry.\n\nS. 63(10) inserted by No. 20/2017 s. 120, amended by No. 31/2024 s. 113(Sch. 1 item 1.108(j)).\n\n(10) Integrity Oversight Victoria must not exercise the power conferred by subsection (9) unless Integrity Oversight Victoria considers on reasonable grounds that the officer of the Office of the Victorian Information Commissioner has wilfully failed to give assistance in accordance with section 48(5).\n\nS. 63(11) inserted by No. 21/2020 s. 93, amended by No. 31/2024 s. 113(Sch. 1 item 1.108(k)), repealed by No. 35/2025 s. 100.\n\nS. 63(12) inserted by No. 21/2020 s. 93, amended by No. 31/2024 s. 113(Sch. 1 item 1.108(l)), repealed by No. 35/2025 s. 100.\n\nS. 63(13)(14) inserted by No. 50/2021 s. 117, repealed by No. 31/2023 s. 32.\n\nS. 64 inserted by No. 19/2012 s. 12.\n\n","sortOrder":93},{"sectionNumber":"64","sectionType":"section","heading":"Offence for summoned witness to fail to attend examination","content":"\t64 Offence for summoned witness to fail to attend examination\n\nS. 64(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.109).\n\n(1) A person who is duly served with a witness summons to attend as a witness to give evidence or to produce documents or other things at an examination before Integrity Oversight Victoria must not, without reasonable excuse, fail to attend in accordance with the witness summons.\n\nS. 64(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.109).\n\n(2) A person who is duly served with a witness summons to attend as a witness to give evidence or to produce documents or other things at an examination before Integrity Oversight Victoria must not, without reasonable excuse, fail to attend from day to day unless—\n\nS. 64(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.109).\n\n(a) excused by Integrity Oversight Victoria; or\n\nS. 64(2)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.109).\n\n(b) released from further attendance by Integrity Oversight Victoria.\n\nNote to s. 64 inserted by No. 59/2014 s. 31(2).\n\nSection 97A applies to an offence against subsection (1) or (2).\n\nS. 65 inserted by No. 19/2012 s. 12, amended by No. 31/2024 s. 113(Sch. 1 item 1.110).\n\n","sortOrder":94},{"sectionNumber":"65","sectionType":"section","heading":"Offence for summoned witness to refuse or fail to answer question","content":"\t65 Offence for summoned witness to refuse or fail to answer question\n\nA person who is duly served with a witness summons to attend as a witness to give evidence at an examination before Integrity Oversight Victoria, must not, without reasonable excuse, refuse or fail to answer a question that he or she is required to answer by Integrity Oversight Victoria.\n\nS. 66 inserted by No. 19/2012 s. 12, amended by Nos 82/2012 s. 49, 31/2024 s. 113(Sch. 1 item 1.111).\n\n","sortOrder":95},{"sectionNumber":"66","sectionType":"section","heading":"Offence for summoned witness to fail to produce document or other thing","content":"\t66 Offence for summoned witness to fail to produce document or other thing\n\nA person who is duly served with a witness summons to attend as a witness before Integrity Oversight Victoria, 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.\n\nNote to s. 66 inserted by No. 59/2014 s. 31(3).\n\nS. 67 inserted by No. 19/2012 s. 12, amended by No. 31/2024 s. 113(Sch. 1 item 1.112).\n\n","sortOrder":96},{"sectionNumber":"67","sectionType":"section","heading":"Offence to fail to take oath or make affirmation","content":"\t67 Offence to fail to take oath or make affirmation\n\nA person who is duly served with a witness summons to attend as a witness at an examination before Integrity Oversight Victoria, must not, without reasonable excuse, refuse or fail to take an oath or make an affirmation when required to do so.\n\nS. 67A inserted by No. 11/2021 s. 181.\n\n","sortOrder":97},{"sectionNumber":"67A","sectionType":"section","heading":"Act applies equally to attendance in person or by audio visual link or audio link","content":"\t67A Act applies equally to attendance in person or by audio visual link or audio link\n\n(1) For the avoidance of doubt, except as otherwise provided by this Division, a provision of this Act that applies in relation to attendance of a person or any rights of a person or obligations imposed under this Division as a consequence of that attendance—\n\n(a) required under sections 12A(2)(d) and 13(6); or\n\nS. 67A(1)(b) amended by Nos 50/2021 s. 118, 31/2023 s. 33, 31/2024 s. 104, 27/2024 s. 179.\n\n(b) required under section 47(1)(d), (2)(d), (3)(d), (3A)(d), (4)(d), (4A)(d), (4B)(d) or (4C)(d); or\n\n(c) required under a witness summons; or\n\n(d) as legal representation at an examination; or\n\n(e) in accordance with section 59—\n\napplies in relation to attendance by audio visual link or audio link in the same way that it applies in relation to attendance in person.\n\n(2) For the avoidance of doubt, except as otherwise provided by this Division, a provision of this Act that applies in relation to the production of documents—\n\n(a) required under sections 12A(2)(d) and 13(6); or\n\nS. 67A(2)(b) amended by Nos 50/2021 s. 118, 31/2023 s. 33, 27/2024 s. 179.\n\n(b) required under section 47(1)(d), (2)(d), (3)(d), (3A)(d), (4)(d), (4A)(d) or (4B)(d); or\n\n(c) required under a witness summons—\n\napplies in relation to production of documents by secure electronic means in the same way that it applies in relation to production of documents in person.\n\nPt 6 Div. 3 (Heading and ss 68–71) inserted by No. 19/2012 s. 12.\n\nDivision 3—Privileges and secrecy provisions applying to inquiries\n\nS. 68 inserted by No. 19/2012 s. 12, amended by No. 82/2012 ss 50, 213, 276.\n\n","sortOrder":98},{"sectionNumber":"68","sectionType":"section","heading":"Privileges and secrecy generally","content":"\t68 Privileges and secrecy generally\n\nS. 68(1) amended by No. 37/2014 s. 10(Sch. item 179.3).\n\n(1) If a person is a member of Victoria Police personnel, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as a member of Victoria Police personnel imposed by any enactment or any rule of law—\n\nS. 68(2) amended by No. 37/2014 s. 10(Sch. item 179.3).\n\n(2) If a person is a member of Victoria Police personnel—\n\n(a) the Crown is not entitled to assert any privilege in relation to any requirement for that person to produce a document or other thing or give information under this Part; and\n\n(3) If a person is an IBAC personnel, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as an IBAC Officer imposed by any enactment or any rule of law—\n\n(4) If a person is an IBAC personnel—\n\n(a) the IBAC is not entitled to assert any privilege in relation to any requirement for that person to provide information under Part 6; and\n\n(5) If a person is a VAGO officer, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as a VAGO officer imposed by any enactment or any rule of law—\n\n(6) If a person is a VAGO officer—\n\n(a) neither the Auditor-General nor the Victorian Auditor-General's Office is entitled to assert any privilege in relation to any requirement for that person to produce a document or other thing or give information under this Part; and\n\n(7) If a person is an Ombudsman officer, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as an Ombudsman officer imposed by any enactment or any rule of law—\n\n(8) If a person is an Ombudsman officer—\n\n(a) neither the Ombudsman nor the office of the Ombudsman is entitled to assert any privilege in relation to any requirement for that person to produce a document or other thing or give information under this Part; and\n\nS. 68(8A) inserted by No. 27/2024 s. 180.\n\n(8A) If a person is a Parliamentary Workplace Standards and Integrity Commission officer any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in the person's service as a Parliamentary Workplace Standards and Integrity Commission officer imposed by any enactment or any rule of law—\n\nS. 68(8B) inserted by No. 27/2024 s. 180.\n\n(8B) If a person is a Parliamentary Workplace Standards and Integrity Commission officer—\n\n(a) the Parliamentary Workplace Standards and Integrity Commission is not entitled to assert any privilege in relation to any requirement for that person to provide information under Part 6; and\n\n(9) If a person is the Chief Examiner or an Examiner, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as the Chief Examiner or an Examiner imposed by any enactment or any rule of law—\n\n(10) If a person is the Chief Examiner or an Examiner—\n\n(a) neither the Chief Examiner nor an Examiner is entitled to assert any privilege in relation to any requirement for that person to produce a document or other thing or give information under this Part; and\n\nS. 68(11) inserted by No. 20/2017 s. 121.\n\n(11) If a person is an officer of the Office of the Victorian Information Commissioner, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in the person's service as an officer of the Office of the Victorian Information Commissioner imposed by any enactment or any rule of law—\n\nS. 68(12) inserted by No. 20/2017 s. 121.\n\n(12) If a person is an officer of the Office of the Victorian Information Commissioner—\n\n(a) neither the Information Commissioner nor the Office of the Victorian Information Commissioner is entitled to assert any privilege in relation to any requirement for that person to produce a document or give information under this Part; and\n\nS. 68(13)(14) inserted by No. 50/2021 s. 119, repealed by No. 31/2023 s. 34.\n\nS. 69 inserted by No. 52/2012 s. 26.\n\n","sortOrder":99},{"sectionNumber":"69","sectionType":"section","heading":"Journalist privilege does not apply","content":"\t69 Journalist privilege does not apply\n\nA person is not, in relation to the exercise of a power under this Part, entitled to the privilege provided for in Division 1C of Part 3.10 of the **Evidence Act 2008**.\n\nS. 70 inserted by No. 19/2012 s. 12, amended by Nos 82/2012 ss 51, 214, 277, 85/2012 s. 118.\n\n","sortOrder":100},{"sectionNumber":"70","sectionType":"section","heading":"Privilege against self-incrimination abrogated—witness summons","content":"\t70 Privilege against self-incrimination abrogated—witness summons\n\n(1) A person is not excused from answering a question or giving information or from producing a document or other thing in accordance with a witness summons on the ground that the answer to the question, the information, or the production of the document or other thing, might tend to incriminate the person or make the person liable to a penalty.\n\n(2) Any answer, information, document or thing given or produced by a person in accordance with a witness summons that might tend to incriminate the person or make the person liable to a penalty is not admissible in evidence against the person before any court or person acting judicially, except in proceedings for—\n\n(a) perjury or giving false information; or\n\n(b) an offence against this Act; or\n\n(c) an offence against the **Audit Act 1994**; or\n\n(d) an offence against the **Ombudsman Act 1973**; or\n\nS. 70(2)(da) inserted by No. 27/2024 s. 181.\n\n(da) an offence against the **Parliamentary Workplace Standards and Integrity Act 2024**; or\n\n(e) an offence against the **Independent Broad-based Anti-corruption Commission Act 2011**; or\n\nS. 70(2)(f) amended by No. 31/2024 s. 113(Sch. 1 item 1.113).\n\n(f) contempt of Integrity Oversight Victoria under this Act; or\n\n(g) an offence against the **Major Crime (Investigative Powers) Act 2004**; or\n\nS. 70(2)(h) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 9).\n\n(h) an offence against section 72 or 73 of the **Public Interest Disclosures Act 2012**; or\n\n(i) a disciplinary process or action.\n\nS. 70(3) repealed by No. 67/2014 s. 147(Sch. 2 item 44).\n\nS. 71 inserted by No. 19/2012 s. 12.\n\n","sortOrder":101},{"sectionNumber":"71","sectionType":"section","heading":"Protection of legal practitioners and witnesses","content":"\t71 Protection of legal practitioners and witnesses\n\n(1) An Australian legal practitioner representing a person at an examination has the same protection and immunity as a legal practitioner has in representing a party in a proceeding in the Supreme Court.\n\n(2) Subject to sections 68 and 70, a person appearing as a witness at an examination has the same protection and immunity as a witness has in a proceeding in the Supreme Court.\n\nPt 6 Div. 4 (Heading and ss 72–77) inserted by No. 19/2012 s. 12.\n\n","sortOrder":102},{"sectionNumber":"Div 4","sectionType":"division","heading":"Contempt","content":"Division 4—Contempt\n\nS. 72 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.114).\n\nS. 72 inserted by No. 19/2012 s. 12, amended by No. 82/2012 s. 52.\n\n","sortOrder":103},{"sectionNumber":"72","sectionType":"section","heading":"Contempt of Integrity Oversight Victoria","content":"\t72 Contempt of Integrity Oversight Victoria\n\nS. 72(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.115(a)).\n\n(1) A person duly served with a witness summons to attend as a witness to give evidence or to produce documents or other things at an examination before Integrity Oversight Victoria who, without reasonable excuse—\n\n(a) fails to attend in accordance with the witness summons; or\n\nS. 72(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.115(a)).\n\n(b) fails to attend from day to day unless excused by Integrity Oversight Victoria or released from further attendance by Integrity Oversight Victoria; or\n\nS. 72(1)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.115(a)).\n\n(c) while attending as a witness at the examination before Integrity Oversight Victoria, refuses or fails to answer a question that he or she is required to answer by Integrity Oversight Victoria; or\n\nS. 72(1)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.115(a)).\n\n(d) while attending as a witness at the examination before Integrity Oversight Victoria, refuses or fails to produce a document or other thing that he or she was required to produce by the witness summons; or\n\nS. 72(1)(e) amended by No. 31/2024 s. 113(Sch. 1 item 1.115(a)).\n\n(e) while attending as a witness at the examination before Integrity Oversight Victoria, refuses or fails to take an oath or make an affirmation when required to do so; or\n\nS. 72(1)(f) amended by No. 31/2024 s. 113(Sch. 1 item 1.115(a)).\n\n(f) engages in threatening or obstructive behaviour before Integrity Oversight Victoria; or\n\nS. 72(1)(g) amended by No. 31/2024 s. 113(Sch. 1 item 1.115(a)).\n\n(g) engages in any other conduct that would, if Integrity Oversight Victoria were the Supreme Court, constitute a contempt of that Court—\n\nis guilty of contempt of Integrity Oversight Victoria.\n\nS. 72(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.115).\n\n(2) A person who, without reasonable excuse, hinders or obstructs an Integrity Oversight Victoria Officer who is exercising a power under section 13 or this Part is guilty of contempt of Integrity Oversight Victoria.\n\nS. 73 inserted by No. 19/2012 s. 12.\n\n","sortOrder":104},{"sectionNumber":"73","sectionType":"section","heading":"Charging and arresting a person for contempt","content":"\t73 Charging and arresting a person for contempt\n\nS. 73(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.116).\n\n(1) If it appears to Integrity Oversight Victoria that a person is guilty of contempt, Integrity Oversight Victoria may—\n\n(a) issue a certificate of charge—\n\n(i) charging the person with contempt; and\n\n(ii) setting out or attaching details of the alleged contempt; and\n\n(b) issue an arrest warrant in the prescribed form to arrest the person.\n\n(2) An arrest warrant—\n\nS. 73(2)(a) substituted by No. 37/2014 s. 10(Sch. item 179.4(a)).\n\n(a) may be directed to a named police officer or all police officers; and\n\nS. 73(2)(b) amended by No. 37/2014 s. 10(Sch. item 179.4(b)).\n\n(b) authorises the police officer or police officers to whom it is directed to arrest the person named in the warrant.\n\n(3) A person who is arrested under an arrest warrant—\n\n(a) is to be brought before the Supreme Court without delay to be dealt with according to law; and\n\n(b) may be detained in police custody in the meantime.\n\nS. 74 inserted by No. 19/2012 s. 12, amended by No. 82/2012 s. 53.\n\n","sortOrder":105},{"sectionNumber":"74","sectionType":"section","heading":"Bail pending court appearance for contempt","content":"\t74 Bail pending court appearance for contempt\n\n(1) If it is not practicable for a person who is arrested under an arrest warrant to be brought before the Supreme Court without delay after he or she is arrested—\n\n(a) the person for the time being in charge of the place where he or she is detained must—\n\n(i) advise the person that he or she is entitled to apply to a bail justice for discharge from custody; and\n\n(ii) give the person a written statement, in the prescribed form (if any), of his or her right to apply for discharge from custody; and\n\n(b) if the person elects to apply for discharge from custody, the person for the time being in charge of the place where he or she is detained must—\n\nS. 74(1)(b)(i) amended by No. 31/2024 s. 113(Sch. 1 item 1.117).\n\n(i) give written notice to Integrity Oversight Victoria of the person's election to apply; and\n\n(ii) cause the person to be brought before a bail justice as soon as practicable; and\n\n(iii) cause to be produced before the bail justice the arrest warrant and the certificate of charge for the person; and\n\n(iv) abide by the decision of the bail justice in relation to the person.\n\n(2) When a person is brought before a bail justice under subsection (1), the bail justice may, subject to this section, discharge the person from custody on bail in accordance with the **Bail Act 1977** as if the person had been accused of an offence.\n\nS. 74(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.117).\n\n(3) A bail justice must not determine a bail application under this section unless satisfied that Integrity Oversight Victoria has had sufficient time after receiving notice under subsection (1)(b)(i) to determine whether to oppose the grant of bail and if so to state that opposition to the bail justice.\n\nS. 75 inserted by No. 19/2012 s. 12.\n\n","sortOrder":106},{"sectionNumber":"75","sectionType":"section","heading":"Custody pending court appearance for contempt","content":"\t75 Custody pending court appearance for contempt\n\nS. 75(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.118).\n\n(1) If Integrity Oversight Victoria considers on reasonable grounds that it is necessary to prevent a person who is arrested under an arrest warrant from escaping from police custody or to ensure the safety of the person, Integrity Oversight Victoria may direct that the person be detained in a prison or a police gaol for the purpose of ensuring his or her appearance before the Supreme Court.\n\n(2) If a person detained in police custody under this Division, other than a person detained in accordance with a direction under subsection (1), is required to be detained overnight, the Chief Commissioner of Police must arrange for the person to be provided with accommodation and meals to a standard comparable to that generally provided to jurors kept together overnight.\n\nS. 75(3) amended by Nos 37/2014 s. 10(Sch. item 179.5), 31/2024 s. 113(Sch. 1 item 1.118).\n\n(3) If a person is detained in a prison in accordance with a direction under subsection (1), Integrity Oversight Victoria may give a written direction for the person to be delivered into the custody of a police officer for the purpose of bringing the person before the Supreme Court.\n\nS. 76 inserted by No. 19/2012 s. 12.\n\n","sortOrder":107},{"sectionNumber":"76","sectionType":"section","heading":"Supreme Court to deal with contempt","content":"\t76 Supreme Court to deal with contempt\n\nS. 76(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.119).\n\n(1) Contempt of Integrity Oversight Victoria is to be dealt with by the Supreme Court as if—\n\n(a) the contempt were contempt of an inferior court; and\n\n(b) the certificate of charge were an application to the Supreme Court for punishment for the contempt.\n\n(2) A certificate of charge is evidence of the matters set out in or attached to it.\n\nS. 77 inserted by No. 19/2012 s. 12, amended by No. 31/2024 s. 113(Sch. 1 item 1.120).\n\n","sortOrder":108},{"sectionNumber":"77","sectionType":"section","heading":"Act or omission constituting both an offence and contempt","content":"\t77 Act or omission constituting both an offence and contempt\n\nIf an act or omission by an offender constitutes both an offence against this Act and contempt of Integrity Oversight Victoria, the offender is liable to be proceeded against for the offence against this Act or for contempt of Integrity Oversight Victoria or both, but is not liable to be punished more than once for the same act or omission.\n\n","sortOrder":109},{"sectionNumber":"Part 7","sectionType":"part","heading":"Recommendations and reports","content":"Part 7—Recommendations and reports\n\nPt 7 Div. 1 (Heading) inserted by No. 2/2019 s. 183.\n\nDivision 1—Recommendations and action on completion of investigation\n\n","sortOrder":110},{"sectionNumber":"78","sectionType":"section","heading":"Recommendation to IBAC","content":"\t78 Recommendation to IBAC\n\nS. 78(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.121).\n\n(1) Integrity Oversight Victoria may at any time make recommendations to the IBAC in relation to any action that Integrity Oversight Victoria considers should be taken.\n\nS. 78(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.121(b)).\n\n(b) to remedy any harm or loss arising from the conduct of the IBAC or any IBAC personnel.\n\n(3) A recommendation to IBAC which is not contained in a report must be made in private.\n\nS. 78(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.121(b)).\n\n(4) Subsection (3) does not limit the power of Integrity Oversight Victoria to make a public recommendation if Integrity Oversight Victoria considers that the IBAC has failed to take appropriate action in relation to the recommendation.\n\nS. 78(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.121).\n\n(5) Integrity Oversight Victoria may require the IBAC to give a report to Integrity Oversight Victoria, within a reasonable specified time, stating—\n\nS. 78(5)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.121(b)).\n\n(a) whether or not the IBAC has taken, or intends to take, action recommended by Integrity Oversight Victoria; and\n\n(b) if the IBAC has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action.\n\nS. 78(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.121(b)).\n\n(6) The IBAC must comply with a requirement of Integrity Oversight Victoria under subsection (5).\n\nS. 79 amended by Nos 19/2012 s. 13, 82/2012 s. 215.\n\n","sortOrder":111},{"sectionNumber":"79","sectionType":"section","heading":"Recommendation for further action in respect of IBAC personnel","content":"\t79 Recommendation for further action in respect of IBAC personnel\n\nS. 79(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.122(a)).\n\n(1) Integrity Oversight Victoria may at any time recommend in private to the IBAC the undertaking of a disciplinary process or action against any IBAC personnel other than the Commissioner.\n\nS. 79(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.122(b)).\n\n(2) Subsection (1) does not limit the power of Integrity Oversight Victoria to make a public recommendation if Integrity Oversight Victoria considers that the IBAC has failed to take appropriate action in relation to the recommendation.\n\nS. 79(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.122(b)).\n\n(3) If Integrity Oversight Victoria is satisfied that any conduct of any IBAC personnel which has been the subject of a complaint, investigation or other finding should be the subject of any further investigatory or enforcement action, Integrity Oversight Victoria may make a recommendation to that effect to any or all of the following—\n\n(d) the Auditor-General;\n\nS. 80 inserted by No. 82/2012 s. 216.\n\n","sortOrder":112},{"sectionNumber":"80","sectionType":"section","heading":"Recommendation to the Auditor-General","content":"\t80 Recommendation to the Auditor-General\n\nS. 80(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.123).\n\n(1) Integrity Oversight Victoria may at any time make recommendations to the Auditor-General in relation to any action that Integrity Oversight Victoria considers should be taken.\n\nS. 80(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.123(b)).\n\n(b) to remedy any harm or loss arising from the conduct of any VAGO officer.\n\n(3) A recommendation to the Auditor-General which is not contained in a report must be made in private.\n\nS. 80(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.123(b)).\n\n(4) Subsection (3) does not limit the power of Integrity Oversight Victoria to make a public recommendation if Integrity Oversight Victoria considers that the Auditor-General has failed to take appropriate action in relation to the recommendation.\n\nS. 80(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.123).\n\n(5) Integrity Oversight Victoria may require the Auditor-General to give a report to Integrity Oversight Victoria, within a reasonable specified time, stating—\n\nS. 80(5)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.123(b)).\n\n(a) whether or not the Auditor-General has taken, or intends to take, action recommended by Integrity Oversight Victoria; and\n\n(b) if the Auditor-General has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action.\n\nS. 80(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.123(b)).\n\n(6) The Auditor-General must comply with a requirement of Integrity Oversight Victoria under subsection (5).\n\nS. 81 inserted by No. 82/2012 s. 216.\n\n","sortOrder":113},{"sectionNumber":"81","sectionType":"section","heading":"Recommendation for further action in respect of VAGO officers","content":"\t81 Recommendation for further action in respect of VAGO officers\n\nS. 81(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.124(a)).\n\n(1) Integrity Oversight Victoria may at any time recommend in private to the Auditor-General the undertaking of a disciplinary process or action against any VAGO officer other than the Auditor-General.\n\nS. 81(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.124(b)).\n\n(2) Subsection (1) does not limit the power of Integrity Oversight Victoria to make a public recommendation if Integrity Oversight Victoria considers that the Auditor-General has failed to take appropriate action in relation to the recommendation.\n\nS. 81(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.124(b)).\n\n(3) If Integrity Oversight Victoria is satisfied that any conduct of any VAGO officer which has been the subject of a complaint, investigation or other finding should be the subject of any further investigatory or enforcement action, Integrity Oversight Victoria may make a recommendation to that effect to any or all of the following—\n\nS. 82 inserted by No. 82/2012 s. 278.\n\n","sortOrder":114},{"sectionNumber":"82","sectionType":"section","heading":"Recommendation to the Ombudsman","content":"\t82 Recommendation to the Ombudsman\n\nS. 82(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.125).\n\n(1) Integrity Oversight Victoria may at any time make recommendations to the Ombudsman in relation to any action that Integrity Oversight Victoria considers should be taken.\n\nS. 82(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.125(b)).\n\n(b) to remedy any harm or loss arising from the conduct of any Ombudsman officer.\n\n(3) A recommendation to the Ombudsman which is not contained in a report must be made in private.\n\nS. 82(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.125(b)).\n\n(4) Subsection (3) does not limit the power of Integrity Oversight Victoria to make a public recommendation if Integrity Oversight Victoria considers that the Ombudsman has failed to take appropriate action in relation to the recommendation.\n\nS. 82(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.125).\n\n(5) Integrity Oversight Victoria may require the Ombudsman to give a report to Integrity Oversight Victoria, within a reasonable specified time, stating—\n\nS. 82(5)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.125(b)).\n\n(a) whether or not the Ombudsman has taken, or intends to take, action recommended by Integrity Oversight Victoria; and\n\n(b) if the Ombudsman has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action.\n\nS. 82(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.125(b)).\n\n(6) The Ombudsman must comply with a requirement of Integrity Oversight Victoria under subsection (5).\n\nS. 83 inserted by No. 82/2012 s. 278.\n\n","sortOrder":115},{"sectionNumber":"83","sectionType":"section","heading":"Recommendation for further action in respect of Ombudsman officers","content":"\t83 Recommendation for further action in respect of Ombudsman officers\n\nS. 83(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.126(a)).\n\n(1) Integrity Oversight Victoria may at any time recommend in private to the Ombudsman the undertaking of a disciplinary process or action against any Ombudsman officer other than the Ombudsman.\n\nS. 83(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.126(b)).\n\n(2) Subsection (1) does not limit the power of Integrity Oversight Victoria to make a public recommendation if Integrity Oversight Victoria considers that the Ombudsman has failed to take appropriate action in relation to the recommendation.\n\nS. 83(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.126(b)).\n\n(3) If Integrity Oversight Victoria is satisfied that any conduct of any Ombudsman officer which has been the subject of a complaint, investigation or other finding should be the subject of any further investigatory or enforcement action, Integrity Oversight Victoria may make a recommendation to that effect to any or all of the following—\n\nS. 83A inserted by No. 27/2024 s. 182.\n\n","sortOrder":116},{"sectionNumber":"83A","sectionType":"section","heading":"Recommendation to Parliamentary Workplace Standards and Integrity Commission","content":"\t83A Recommendation to Parliamentary Workplace Standards and Integrity Commission\n\nS. 83A(1) amended by No. 27/2024 s. 188(Sch. 3 item 1.4).\n\n(1) Integrity Oversight Victoria may at any time make recommendations to the Parliamentary Workplace Standards and Integrity Commission in relation to any action that Integrity Oversight Victoria considers should be taken.\n\nS. 83A(2) amended by No. 27/2024 s. 188(Sch. 3 item 1.4(b)).\n\n(b) to remedy any harm or loss arising from the conduct of any Parliamentary Workplace Standards and Integrity Commission officer.\n\n(3) A recommendation to the Parliamentary Workplace Standards and Integrity Commission which is not contained in a report must be made in private.\n\nS. 83A(4) amended by No. 27/2024 s. 188(Sch. 3 item 1.4(b)).\n\n(4) Subsection (3) does not limit the power of Integrity Oversight Victoria to make a public recommendation if Integrity Oversight Victoria considers that the Parliamentary Workplace Standards and Integrity Commission has failed to take appropriate action in relation to the recommendation.\n\nS. 83A(5) amended by No. 27/2024 s. 188(Sch. 3 item 1.4).\n\n(5) Integrity Oversight Victoria may require the Parliamentary Workplace Standards and Integrity Commission to give a report to Integrity Oversight Victoria, within a reasonable specified time, stating—\n\nS. 83A(5)(a) amended by No. 27/2024 s. 188(Sch. 3 item 1.4(b)).\n\n(a) whether or not the Parliamentary Workplace Standards and Integrity Commission has taken, or intends to take, action recommended by Integrity Oversight Victoria; and\n\n(b) if the Parliamentary Workplace Standards and Integrity Commission has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action.\n\nS. 83A(6) amended by No. 27/2024 s. 188(Sch. 3 item 1.4(b)).\n\n(6) The Parliamentary Workplace Standards and Integrity Commission must comply with a requirement of Integrity Oversight Victoria under subsection (5).\n\nS. 83B inserted by No. 27/2024 s. 182.\n\n","sortOrder":117},{"sectionNumber":"83B","sectionType":"section","heading":"Recommendation for further action in respect of Parliamentary Workplace Standards and Integrity Commission officers","content":"\t83B Recommendation for further action in respect of Parliamentary Workplace Standards and Integrity Commission officers\n\nS. 83B(1) amended by No. 27/2024 s. 188(Sch. 3 item 1.5(a)).\n\n(1) Integrity Oversight Victoria may at any time recommend in private to the Parliamentary Workplace Standards and Integrity Commission the undertaking of a disciplinary process or action against any Parliamentary Workplace Standards and Integrity Commission officer other than a Parliamentary Workplace Standards and Integrity Commissioner.\n\nS. 83B(2) amended by No. 27/2024 s. 188(Sch. 3 item 1.5(b)).\n\n(2) Subsection (1) does not limit the power of Integrity Oversight Victoria to make a public recommendation if Integrity Oversight Victoria considers that the Parliamentary Workplace Standards and Integrity Commission has failed to take appropriate action in relation to the recommendation.\n\nS. 83B(3) amended by No. 27/2024 s. 188(Sch. 3 item 1.5(b)).\n\n(3) If Integrity Oversight Victoria is satisfied that any conduct of any Parliamentary Workplace Standards and Integrity Commission officer which has been the subject of a complaint, investigation or other finding should be the subject of any further investigatory or enforcement action, Integrity Oversight Victoria may make a recommendation to that effect to any or all of the following—\n\n(b) the Australian Federal Police;\n\n(c) the IBAC;\n\n(d) the Victorian WorkCover Authority;\n\n(e) any other person or body prescribed for the purposes of this subsection.\n\nS. 84 inserted by No. 82/2012 s. 54.\n\n","sortOrder":118},{"sectionNumber":"84","sectionType":"section","heading":"Recommendation to the Chief Examiner","content":"\t84 Recommendation to the Chief Examiner\n\nS. 84(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.127).\n\n(1) Integrity Oversight Victoria may at any time make recommendations to the Chief Examiner in relation to any action that Integrity Oversight Victoria considers should be taken.\n\nS. 84(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.127(b)).\n\n(b) to remedy any harm or loss arising from any conduct.\n\n(3) A recommendation to the Chief Examiner which is not contained in a report must be made in private.\n\nS. 84(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.127(b)).\n\n(4) Subsection (3) does not limit the power of Integrity Oversight Victoria to make a public recommendation if Integrity Oversight Victoria considers that the Chief Examiner has failed to take appropriate action in relation to the recommendation.\n\nS. 84(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.127).\n\n(5) Integrity Oversight Victoria may require the Chief Examiner to give a report to Integrity Oversight Victoria, within a reasonable specified time, stating—\n\nS. 84(5)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.127(b)).\n\n(a) whether or not the Chief Examiner has taken, or intends to take, action recommended by Integrity Oversight Victoria; and\n\n(b) if the Chief Examiner has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action.\n\nS. 84(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.127(b)).\n\n(6) The Chief Examiner must comply with a requirement of Integrity Oversight Victoria under subsection (5).\n\nS. 85 inserted by No. 82/2012 s. 54, amended by No. 31/2024 s. 113(Sch. 1 item 1.128).\n\n","sortOrder":119},{"sectionNumber":"85","sectionType":"section","heading":"Recommendation for further action","content":"\t85 Recommendation for further action\n\nIf Integrity Oversight Victoria is satisfied that any conduct of the Chief Examiner or an Examiner which has been the subject of a complaint, investigation or other finding should be the subject of any further investigatory or enforcement action, Integrity Oversight Victoria may make a recommendation to that effect to any or all of the following—\n\n(f) any other person or body prescribed for the purposes of this section.\n\nS. 85A inserted by No. 20/2017 s. 122.\n\n","sortOrder":120},{"sectionNumber":"85A","sectionType":"section","heading":"Recommendation to the Information Commissioner","content":"\t85A Recommendation to the Information Commissioner\n\nS. 85A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.129).\n\n(1) Integrity Oversight Victoria may at any time make recommendations to the Information Commissioner in relation to any action that Integrity Oversight Victoria considers should be taken.\n\nS. 85A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.129(b)).\n\n(a) to prevent specified conduct from continuing or occurring in the future; and\n\n(b) to remedy any harm or loss arising from the conduct of any officer of the Office of the Victorian Information Commissioner.\n\nS. 85A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.129(a)).\n\n(3) Integrity Oversight Victoria may at any time make recommendations to the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner—\n\n(a) to prevent specified conduct from continuing or occurring in the future; or\n\nS. 85A(3)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.129(b)).\n\n(b) in relation to any action that Integrity Oversight Victoria considers should be taken.\n\nS. 85A(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.129(b)).\n\n(4) Without limiting subsection (3), Integrity Oversight Victoria may recommend taking action to remedy any harm or loss arising from the conduct of the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner.\n\n(5) A recommendation to the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner which is not contained in a report must be made in private.\n\nS. 85A(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.129(b)).\n\n(6) Subsection (5) does not limit the power of Integrity Oversight Victoria to make a public recommendation if Integrity Oversight Victoria considers that the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner has failed to take appropriate action in relation to the recommendation.\n\nS. 85A(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.129).\n\n(7) Integrity Oversight Victoria may require the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner to give a report to Integrity Oversight Victoria, within a reasonable specified time, stating—\n\nS. 85A(7)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.129(b)).\n\n(a) whether or not the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner has taken, or intends to take, action recommended by Integrity Oversight Victoria; and\n\n(b) if the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action.\n\nS. 85A(8) amended by No. 31/2024 s. 113(Sch. 1 item 1.129(b)).\n\n(8) The Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner must comply with a requirement of Integrity Oversight Victoria under subsection (7).\n\nS. 85B inserted by No. 20/2017 s. 122.\n\n","sortOrder":121},{"sectionNumber":"85B","sectionType":"section","heading":"Recommendation for further action in respect of officers of the Office of the Victorian Information Commissioner","content":"\t85B Recommendation for further action in respect of officers of the Office of the Victorian Information Commissioner\n\nS. 85B(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.130(a)).\n\n(1) Integrity Oversight Victoria may at any time recommend in private to the Information Commissioner the undertaking of a disciplinary process or action against any officer of the Office of the Victorian Information Commissioner other than the Information Commissioner.\n\nS. 85B(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.130(b)).\n\n(2) Subsection (1) does not limit the power of Integrity Oversight Victoria to make a public recommendation if Integrity Oversight Victoria considers that the Information Commissioner has failed to take appropriate action in relation to the recommendation.\n\nS. 85B(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.130(b)).\n\n(3) If Integrity Oversight Victoria is satisfied that any conduct of any officer of the Office of the Victorian Information Commissioner which has been the subject of a complaint, investigation or other finding should be the subject of any further investigatory or enforcement action, Integrity Oversight Victoria may make a recommendation to that effect to any or all of the following—\n\nS. 85A inserted by No. 16/2016 s. 180, renumbered as s. 85C by No. 2/2019 s. 205.\n\n","sortOrder":122},{"sectionNumber":"85C","sectionType":"section","heading":"Recommendation to the Judicial Commission","content":"\t85C Recommendation to the Judicial Commission\n\nS. 85C(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.131(a)).\n\n(1) Integrity Oversight Victoria may at any time make recommendations to the Judicial Commission for the purposes of the Judicial Commission making guidelines under section 134 of the **Judicial Commission of Victoria Act 2016** in relation to any of the following—\n\n(a) the use of any coercive powers under that Act;\n\n(b) the determination by an investigating panel regarding whether a hearing or part of a hearing should be open to the public under section 62(3) of that Act.\n\nS. 85C(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.131).\n\n(2) Integrity Oversight Victoria may request the Judicial Commission to give a report to Integrity Oversight Victoria stating—\n\nS. 85C(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.131(b)).\n\n(a) whether or not the Judicial Commission has implemented the recommendations of Integrity Oversight Victoria; and\n\n(b) if the Judicial Commission has not implemented the recommendations, the reason for not implementing the recommendations.\n\nS. 85D inserted by No. 2/2019 s. 68.\n\n","sortOrder":123},{"sectionNumber":"85D","sectionType":"section","heading":"Recommendations in relation to a Public Interest Monitor","content":"\t85D Recommendations in relation to a Public Interest Monitor\n\nS. 85D(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.132).\n\n(1) Following an investigation under Part 6 of a public interest complaint that relates to the Principal Public Interest Monitor, Integrity Oversight Victoria may make recommendations to the Minister in relation to any action that Integrity Oversight Victoria considers should be taken.\n\nS. 85D(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.132).\n\n(2) Following an investigation under Part 6 of a public interest complaint that relates to a Public Interest Monitor, other than the Principal Public Interest Monitor, Integrity Oversight Victoria may make recommendations to the Principal Public Interest Monitor in relation to any action that Integrity Oversight Victoria considers should be taken.\n\nS. 85D(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.132).\n\n(3) Without limiting subsections (1) and (2), Integrity Oversight Victoria may recommend taking action—\n\n(b) to remedy any harm or loss arising from any conduct.\n\nS. 85E inserted by No. 2/2019 s. 68, amended by No. 31/2024 s. 113(Sch. 1 item 1.133).\n\n","sortOrder":124},{"sectionNumber":"85E","sectionType":"section","heading":"Recommendation for further action in respect of a Public Interest Monitor","content":"\t85E Recommendation for further action in respect of a Public Interest Monitor\n\nIf Integrity Oversight Victoria is satisfied that any conduct of the Principal Public Interest Monitor or any other Public Interest Monitor which has been the subject of a public interest complaint should be the subject of any further investigatory or enforcement action, Integrity Oversight Victoria may make a recommendation to that effect to any or all of the following—\n\n(d) the Victorian WorkCover Authority;\n\n(e) any other person or body prescribed for the purposes of this section.\n\nS. 85F inserted by No. 21/2020 s. 94, amended by No. 31/2024 s. 113(Sch. 1 item 1.134), repealed by No. 35/2025 s. 101.\n\nS. 85G inserted by No. 21/2020 s. 94, amended by No. 31/2024 s. 113(Sch. 1 item 1.135), repealed by No. 35/2025 s. 102.\n\nSs 85H, 85I inserted by No. 50/2021 s. 120, repealed by No. 31/2023 s. 35.\n\nS. 86 inserted by No. 85/2012 s. 119.\n\n","sortOrder":125},{"sectionNumber":"86","sectionType":"section","heading":"Recommendations must not include information likely to identify person who makes an assessable disclosure","content":"\t86 Recommendations must not include information likely to identify person who makes an assessable disclosure\n\nS. 86(1) amended by Nos 16/2016 s. 181[[3]](#endnote-4), 2/2019 s. 206, 21/2020 s. 95, 50/2021 s. 121, 31/2023 s. 36, 27/2024 s. 183, 31/2024 s. 113(Sch. 1 item 1.136), 35/2025 s. 103.\n\n(1) Integrity Oversight Victoria must not include  \nin a recommendation made to an entity under section 78, 79, 80, 81, 82, 83, 83A, 83B, 84, 85, 85A, 85B(1), 85C or 85F any information that is likely to lead to the identification of a person who made an assessable disclosure, if the entity is—\n\n(a) the subject of the assessable disclosure; or\n\n(b) the employer of the person who is the subject of the assessable disclosure.\n\nS. 86(2) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 10).\n\n(2) However, a recommendation under a section referred to in subsection (1) may include information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies.\n\nS. 86A inserted by No. 2/2019 s. 69.\n\n","sortOrder":126},{"sectionNumber":"86A","sectionType":"section","heading":"Recommendations relating to Public Interest Monitor must not include certain information","content":"\t86A Recommendations relating to Public Interest Monitor must not include certain information\n\nS. 86A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.137(a)).\n\n(1) Integrity Oversight Victoria must not include in a recommendation made to an entity under section 85D or 85E information that—\n\n(a) discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or\n\n(b) indicates that a particular investigation has been, is being, or is to be conducted; or\n\n(c) would compromise the operational activities or methodologies of Victoria Police or of any approved authority within the meaning of section 3(1) of the **Witness Protection Act 1991**; or\n\nS. 86A(1)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.137(b)).\n\n(d) would prejudice any criminal proceedings or criminal investigations or an investigation by the IBAC, of which Integrity Oversight Victoria is aware; or\n\n(e) is likely to lead to the identification of a person who made an assessable disclosure and that is not information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies; or\n\n(f) identifies, or is likely to identify, any person who is being, or has been examined under the **Major Crime (Investigative Powers) Act 2004** or the nature of any ongoing investigation of an organised crime offence within the meaning of that Act; or\n\n(g) would disclose information about the identity or location, or compromise the security, of a person who is or has been included in the Victorian witness protection program, within the meaning of the **Witness Protection Act 1991**, or to whom alternative protection arrangements, within the meaning of that Act, are being or have been provided.\n\n(2) For the purposes of subsection (1)(a), ***investigation***, ***law enforcement agency*** and ***relevant application*** have the meaning given by section 13(12).\n\nS. 86A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.137(a)).\n\n(3) Integrity Oversight Victoria must not include in a recommendation made to an entity under section 85D—\n\n(a) information that includes a finding or opinion that a specified person is guilty of, or has committed, is committing or is about to commit, any criminal offence or disciplinary offence; or\n\n(b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence or disciplinary offence.\n\nS. 87 amended by Nos 19/2012 s. 14, 82/2012 ss 55, 320(c), 85/2012 s. 120.\n\n","sortOrder":127},{"sectionNumber":"87","sectionType":"section","heading":"Special reports","content":"\t87 Special reports\n\nS. 87(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(a)).\n\n(1) Integrity Oversight Victoria may at any time cause a report to be transmitted to each House of the Parliament on any matter relating to the performance of its duties and functions.\n\nS. 87(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(b)).\n\n(2) If Integrity Oversight Victoria intends to include in a report under this section adverse findings about a public body, Integrity Oversight Victoria must give the relevant principal officer of that public body an opportunity to respond to the adverse material and fairly set out each element of the response in its report.\n\nS. 87(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(b)).\n\n(3) If Integrity Oversight Victoria intends to include in a report under this section a comment or an opinion which is adverse to any person, Integrity Oversight Victoria must first provide the person a reasonable opportunity to respond to the adverse material and fairly set out each element of the response in its report.\n\nS. 87(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(b)).\n\n(4) If Integrity Oversight Victoria intends to include in a report under this section a comment or an opinion about any person which is not adverse to the person, Integrity Oversight Victoria must first provide that person with the relevant material in relation to which Integrity Oversight Victoria intends to name that person.\n\nS. 87(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(b)).\n\n(5) If Integrity Oversight Victoria is aware of a criminal investigation or criminal proceedings in relation to a matter or person to be included in a report under this section Integrity Oversight Victoria must not include in the report any information which would prejudice the criminal investigation or criminal proceedings.\n\nS. 87(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(b)).\n\n(6) If Integrity Oversight Victoria is aware of an IBAC investigation in relation to a matter or person to be included in a report under this section Integrity Oversight Victoria must not include in the report any information which would prejudice the IBAC investigation.\n\nS. 87(6A) inserted by No. 16/2016 s. 182, amended by No. 31/2024 s. 113(Sch. 1 item 1.138(b)).\n\n(6A) If Integrity Oversight Victoria is aware of an investigation under the **Judicial Commission of Victoria Act 2016** in relation to a matter or person to be included in a report under this section Integrity Oversight Victoria must not include in the report any information which would prejudice the investigation under that Act.\n\nS. 87(6B) inserted by No. 50/2021 s. 122, repealed by No. 31/2023 s. 37.\n\nS. 87(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(a)).\n\n(7) Integrity Oversight Victoria must not include in a report under this section a statement as to—\n\n(a) a finding or opinion that a specified person is guilty of or has committed, is committing or is about to commit, any criminal offence or disciplinary offence; or\n\n(b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence or disciplinary offence.\n\nS. 87(8) amended by No. 31/2024 s. 113(Sch. 1 item 1.138  \n\n(8) Integrity Oversight Victoria must not include in a report under this section any information that would identify any person who is not the subject of any adverse comment or opinion unless Integrity Oversight Victoria—\n\n(a) is satisfied that it is necessary or desirable to do so in the public interest; and\n\n(b) is satisfied that it will not cause unreasonable damage to the person's reputation, safety or wellbeing; and\n\n(c) states in the report that the person is not the subject of any adverse comment or opinion.\n\nS. 87(9) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(a)).\n\n(9) Integrity Oversight Victoria must not include in a report under this section any information that—\n\n(a) discloses the identity of a person to whom, or in respect of whom, a direction has been given under—\n\n(i) Division 1 of Part 9 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 87(9)(a)(ii) substituted by No. 37/2014 s. 10(Sch. item 179.6).\n\n(b) is likely to lead to the identification of a person who has made an assessable disclosure.\n\nS. 87(10) amended by Nos 2/2019 s. 72(Sch. 1 Pt B item 11), 31/2024 s. 113(Sch. 1 item 1.138(b)).\n\n(10) However, Integrity Oversight Victoria may in a report under this section include information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies.\n\nS. 87(11) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(a)).\n\n(11) Integrity Oversight Victoria must not include in a report under this section any information that—\n\n(a) identifies, or is likely to identify, any person who is being, or has been, examined under the **Major Crime (Investigative Powers) Act 2004**; or\n\n(b) the nature of any ongoing investigation of an organised crime offence within the meaning of the **Major Crime (Investigative Powers) Act 2004**.\n\nS. 87(12) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(b)).\n\n(12) Subject to subsection (13), if as a result of the inspection of the relevant records of Public Interest Monitors, Integrity Oversight Victoria is of the opinion that there has been a contravention of the prescribed obligations, Integrity Oversight Victoria may include in a report under this section a report on the contravention.\n\n(13) A report for the purposes of subsection (12) must not contain information that—\n\n(a) discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency within the meaning of section 19(5) of the **Public Interest Monitor Act 2011**; or\n\n(14) For the purposes of subsection (13), ***investigation***, ***law enforcement agency*** and ***relevant application*** have the meaning given by section 13(12).\n\nS. 87(14A) inserted by No. 34/2016 s. 38.\n\n(14A) A report for the purposes of subsection (12) that relates to the functions of the Public Interest Monitor under the **Witness Protection Act 1991** must not include any information that would—\n\nS. 87(14A)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(b)).\n\n(a) prejudice a criminal investigation, criminal proceeding or other legal proceeding of which Integrity Oversight Victoria is aware; or\n\n(b) compromise the operational activities or methodologies of Victoria Police or of any authority or body referred to in the definition of ***approved authority*** in section 3(1) of the **Witness Protection Act 1991**; or\n\n(i) who is or has been included in the Victorian witness protection program, within the meaning of the **Witness Protection Act 1991**; or\n\n(ii) to whom alternative protection arrangements, within the meaning of the **Witness Protection Act 1991**, are being or have been provided.\n\n(15) The clerk of each House of the Parliament must cause the report to be laid before the House of the Parliament on the day on which it is received or on the next sitting day of that House of the Parliament.\n\nS. 87(16) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(b)).\n\n(16) If Integrity Oversight Victoria proposes to transmit a report to the Parliament on a day on which neither House of the Parliament is actually sitting, Integrity Oversight Victoria must—\n\n(a) give one business day's notice of intention to do so to the clerk of each House of the Parliament; and\n\n(b) give the report to the clerk of each House of the Parliament on the day indicated in the notice; and\n\nS. 87(16)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(c)).\n\n(c) publish the report on Integrity Oversight Victoria's Internet website as soon as practicable after giving it to the clerks.\n\n(17) The clerk of each House of the Parliament must—\n\n(a) notify each member of the House of the Parliament of the receipt of the notice under subsection (16)(a) on the same day that the clerk receives that notice; and\n\n(b) give a copy of the report to each member of the House of the Parliament as soon as practicable after the report is received under subsection (16)(b); and\n\n(c) cause the report to be laid before the House of the Parliament on the next sitting day of the House of the Parliament.\n\n(18) A report that is given to the clerks under subsection (16)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament.\n\nS. 87(19) amended by No. 31/2024 s. 113(Sch. 1 item 1.138(b)).\n\n(19) The publication of a report by Integrity Oversight Victoria under subsection (16)(c) is absolutely privileged and the provisions of sections 73 and 74 of the **Constitution Act 1975** and any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a document to which those sections applied and had been published by the Government Printer under the authority of the Parliament.\n\nS. 87A inserted by No. 31/2024 s. 105.\n\n","sortOrder":128},{"sectionNumber":"87A","sectionType":"section","heading":"Advance copy of report to Parliament","content":"\t87A Advance copy of report to Parliament\n\nS. 87A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.139(a)).\n\n(1) If Integrity Oversight Victoria proposes to transmit a report to the Parliament under section 87, Integrity Oversight Victoria must give an advance copy of the report to—\n\n(a) the Minister; and\n\n(b) the Premier; and\n\n(c) the Secretary to the Department of Justice and Community Safety; and\n\n(d) the Secretary to the Department of Premier and Cabinet.\n\n(2) The copy of the report must be given at least one business day before the report is due to be transmitted to the Parliament.\n\nS. 87A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.139).\n\n(3) Integrity Oversight Victoria is not required to give an advance copy of the report under subsection (1) if Integrity Oversight Victoria considers that in all the circumstances it would be inappropriate to do so.\n\nS. 88 (Heading) amended by No. 31/2024 s. 106(1).\n\nS. 88 inserted by No. 19/2012 s. 15, amended by Nos 82/2012 ss 56, 217, 279, 85/2012 s. 121.\n\n","sortOrder":129},{"sectionNumber":"88","sectionType":"section","heading":"Advice to a complainant and other persons","content":"\t88 Advice to a complainant and other persons\n\nS. 88(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.140(a)).\n\n(1) Subject to subsection (3), Integrity Oversight Victoria may provide a complainant with information about the results of an investigation or inquiry including—\n\nS. 88(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.140(a)).\n\n(a) any action taken by Integrity Oversight Victoria; and\n\nS. 88(1)(b) amended by Nos 2/2019 s. 70(1), 50/2021 s. 123(1), 31/2023 s. 38(1), 27/2024 s. 184(a), 31/2024 s. 113(Sch. 1 item 1.140(a)).\n\n(b) any recommendation by Integrity Oversight Victoria under section 79(1) or (3), 81, 83, 83B, 85 or 85E that any action or further action be taken by a person or body referred to in that section.\n\nS. 88(2) amended by Nos 2/2019 s. 70(2), 31/2024 s. 113(Sch. 1 item 1.140(a)).\n\n(2) Subject to subsection (3), Integrity Oversight Victoria must provide a complainant with the information referred to in subsection (1) if the investigation or inquiry relates to a public interest complaint.\n\nS. 88(2A) inserted by No. 31/2024 s. 106(2), amended by No. 31/2024 s. 113(Sch. 1 item 1.140(a)).\n\n(2A) Subject to subsections (3) and (4), Integrity Oversight Victoria may provide information about the commencement, conduct or results of an investigation, including any action taken and any recommendation (whether made in a publicly‑available report or privately) that any action or further action be taken, to either or both of the following—\n\n(a) the Minister responsible for any person or body who is or was the subject of the investigation;\n\n(b) the Premier.\n\nS. 88(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.140).\n\n(3) Integrity Oversight Victoria must not provide any information under this section if Integrity Oversight Victoria considers that the provision of the information would—\n\n(a) not be in the public interest or in the interests of justice; or\n\n(b) put a person's safety at risk; or\n\n(c) cause unreasonable damage to a person's reputation; or\n\nS. 88(3)(d) amended by No. 37/2014 s. 10(Sch. item 179.7).\n\n(d) prejudice an investigation under this Act or an investigation by the IBAC or Victoria Police; or\n\nS. 88(3)(e) amended by No. 12/2019 s. 17.\n\n(e) prejudice an audit or assurance review by the Auditor-General; or\n\n(f) prejudice an examination by the Chief Examiner or an Examiner; or\n\n(g) prejudice an investigation by Victoria Police of an organised crime offence within the meaning of the **Major Crime (Investigative Powers) Act 2004**; or\n\n(h) be likely to lead to the disclosure of protected information within the meaning of section 12A(5) of the **Major Crime (Investigative Powers) Act 2004**; or\n\nS. 88(3)(ha) inserted by No. 27/2024 s. 184(b).\n\n(ha) prejudice an investigation by the Parliamentary Workplace Standards and Integrity Commission; or\n\n(i) prejudice an investigation by the Ombudsman; or\n\nS. 88(3)(ia) inserted by No. 20/2017 s. 124.\n\n(ia) prejudice an investigation by the Office of the Victorian Information Commissioner; or\n\nS. 88(3)(ib) inserted by No. 50/2021 s. 123(2), repealed by No. 31/2023 s. 38(2).\n\nS. 88(3)(j) amended by Nos 37/2014 s. 10(Sch. item 179.7), 31/2024 s. 113(Sch. 1 item 1.140(a)).\n\n(j) be likely to lead to the disclosure of any secret investigative method used by Integrity Oversight Victoria, the IBAC or Victoria Police; or\n\n(k) otherwise contravene any applicable statutory secrecy obligations or which would involve the unreasonable disclosure of information relating to the personal affairs of any person.\n\nS. 88(4) inserted by No. 2/2019 s. 70(3), amended by No. 31/2024 ss 106(3), 113(Sch. 1 item 1.140(a)).\n\n(4) Where an investigation relates to a public interest complaint about the conduct of a Public Interest Monitor, Integrity Oversight Victoria must not provide any information under this section that—\n\n(a) discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or\n\n(b) indicates that a particular investigation has been, is being, or is to be conducted; or\n\n(c) would compromise the operational activities or methodologies of Victoria Police or of any approved authority within the meaning of section 3(1) of the **Witness Protection Act 1991**; or\n\nS. 88(4)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.140(a)).\n\n(d) would prejudice any criminal proceedings or criminal investigations or an investigation by the IBAC, of which Integrity Oversight Victoria is aware; or\n\n(e) is likely to lead to the identification of a person who made an assessable disclosure and that is not information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies; or\n\n(f) identifies, or is likely to identify, any person who is being, or has been examined under the **Major Crime (Investigative Powers) Act 2004** or the nature of any ongoing investigation of an organised crime offence within the meaning of that Act; or\n\n(g) would disclose information about the identity or location, or compromise the security, of a person who is or has been included in the Victorian witness protection program, within the meaning of the **Witness Protection Act 1991**, or to whom alternative protection arrangements, within the meaning of that Act, are being or have been provided.\n\nS. 88(5) inserted by No. 31/2024 s. 106(4).\n\n(5) Information provided to a complainant under subsection (1) or (2) must include a written statement advising the recipient that it is an offence under section 97AA to disclose the information.\n\nS. 89 amended by Nos 19/2012 s. 16, 28/2012 s. 33, 82/2012 ss 57, 218, 280.\n\n","sortOrder":130},{"sectionNumber":"89","sectionType":"section","heading":"Outcome of investigation","content":"\t89 Outcome of investigation\n\nS. 89(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.141(a)).\n\n(1) After conducting an investigation in relation to the IBAC or IBAC personnel, Integrity Oversight Victoria may—\n\n(a) make a recommendation to the IBAC in accordance with section 78;\n\n(b) make a recommendation to the IBAC in accordance with section 79;\n\n(c) make a recommendation to the Chief Commissioner of Police in accordance with section 79;\n\n(d) make a recommendation to the Director of Public Prosecutions in accordance with section 79;\n\n(e) make a recommendation to the Australian Federal Police in accordance with section 79;\n\n(f) make a recommendation to the Auditor-General in accordance with section 79;\n\n(g) make a recommendation to the Victorian WorkCover Authority in accordance with section 79;\n\n(h) make a recommendation to a person or body prescribed for the purposes of section 79(3)(f) in accordance with section 79;\n\n(l) determine to make no finding or take no action following the investigation.\n\nS. 89(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.141(a)).\n\n(2) After conducting an investigation in relation to a VAGO officer, Integrity Oversight Victoria may—\n\n(a) make a recommendation to the Auditor-General in accordance with section 80;\n\n(b) make a recommendation to the Auditor-General in accordance with section 81;\n\n(c) make a recommendation to the Chief Commissioner of Police in accordance with section 81;\n\n(d) make a recommendation to the Director of Public Prosecutions in accordance with section 81;\n\n(e) make a recommendation to the Australian Federal Police in accordance with section 81;\n\n(f) make a recommendation to the IBAC in accordance with section 81;\n\n(g) make a recommendation to the Victorian WorkCover Authority in accordance with section 81;\n\n(h) make a recommendation in accordance with section 81 to a person or body prescribed for the purposes of section 81(3)(f);\n\nS. 89(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.141(a)).\n\n(3) After conducting an investigation in relation to an Ombudsman officer, Integrity Oversight Victoria may—\n\n(a) make a recommendation to the Ombudsman in accordance with section 82;\n\n(b) make a recommendation to the Ombudsman in accordance with section 83;\n\n(c) make a recommendation to the Chief Commissioner of Police in accordance with section 83;\n\n(d) make a recommendation to the Director of Public Prosecutions in accordance with section 83;\n\n(e) make a recommendation to the Australian Federal Police in accordance with section 83;\n\n(f) make a recommendation to the IBAC in accordance with section 83;\n\n(g) make a recommendation to the Victorian WorkCover Authority in accordance with section 83;\n\n(h) make a recommendation in accordance with section 83 to a person or body prescribed for the purposes of section 83(3)(f);\n\nS. 89(3A) inserted by No. 27/2024 s. 185, amended by No. 31/2024 s. 113(Sch. 1 item 1.141(a)).\n\n(3A) After conducting an investigation in relation to the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer, Integrity Oversight Victoria may—\n\n(a) make a recommendation to the Parliamentary Workplace Standards and Integrity Commission in accordance with section 83A;\n\n(b) make a recommendation to the Parliamentary Workplace Standards and Integrity Commission in accordance with section 83B;\n\n(c) make a recommendation to the Chief Commissioner of Police in accordance with section 83B;\n\n(d) make a recommendation to the Australian Federal Police in accordance with section 83B;\n\n(e) make a recommendation to the IBAC in accordance with section 83B;\n\n(f) make a recommendation to the Victorian WorkCover Authority in accordance with section 83B;\n\n(g) make a recommendation in accordance with section 83B to a person or body prescribed for the purposes of section 83B(3)(e);\n\n(h) transmit a report under section 87;\n\n(i) provide advice to a complainant in accordance with section 88;\n\n(j) do any combination or all of the matters referred to in paragraphs (a) to (j);\n\n(k) determine to make no findings or take no action following the investigation.\n\nS. 89(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.141(a)).\n\n(4) After conducting an investigation in relation to the Chief Examiner or an Examiner Integrity Oversight Victoria may—\n\n(a) make a recommendation to the Chief Examiner in accordance with section 84;\n\n(b) make a recommendation to the Chief Commissioner of Police in accordance with section 85;\n\n(c) make a recommendation to the Director of Public Prosecutions in accordance with section 85;\n\n(d) make a recommendation to the Australian Federal Police in accordance with section 85;\n\n(e) make a recommendation to the IBAC in accordance with section 85;\n\n(f) make a recommendation to the Victorian WorkCover Authority in accordance with section 85;\n\n(g) make a recommendation in accordance with section 85 to a person or body prescribed for the purposes of section 85(f);\n\n(h) transmit a report under section 87;\n\n(i) provide advice to a complainant in accordance with section 88;\n\n(j) do any combination or all of the matters referred to in paragraphs (a) to (i);\n\n(k) determine to make no findings or take no action following the investigation.\n\nS. 89(5) inserted by No. 20/2017 s. 125, amended by No. 31/2024 s. 113(Sch. 1 item 1.141(a)).\n\n(5) After conducting an investigation in relation to an officer of the Office of the Victorian Information Commissioner, Integrity Oversight Victoria may—\n\n(a) make a recommendation to the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner in accordance with section 85A;\n\n(b) make a recommendation to the Information Commissioner in accordance with section 85B;\n\n(c) make a recommendation to the Chief Commissioner of Police in accordance with section 85B;\n\n(d) make a recommendation to the Director of Public Prosecutions in accordance with section 85B;\n\n(e) make a recommendation to the Australian Federal Police in accordance with section 85B;\n\n(f) make a recommendation to the IBAC in accordance with section 85B;\n\n(g) make a recommendation to the Victorian WorkCover Authority in accordance with section 85B;\n\n(h) make a recommendation (in accordance with section 85B) to a person or body prescribed for the purposes of section 85B(3)(f);\n\nS. 89(5) inserted by No. 16/2016 s. 183, renumbered as s. 89(6) by No. 2/2019 s. 207(a), amended by No. 31/2024 s. 113(Sch. 1 item 1.141(a)).\n\n(6) After considering information given to Integrity Oversight Victoria regarding the use of coercive powers and any other related information under the **Judicial Commission of Victoria Act 2016**, Integrity Oversight Victoria may—\n\nS. 89(6)(a) amended by No. 2/2019 s. 207(b).\n\n(a) make a recommendation to the Judicial Commission in accordance with section 85C; or\n\n(b) transmit a report under section 87; or\n\n(c) do both actions referred to in paragraphs (a) and (b); or\n\n(d) determine to make no findings or take no action.\n\nS. 89(7) inserted by No. 2/2019 s. 71, amended by No. 31/2024 s. 113(Sch. 1 item 1.141).\n\n(7) After conducting an investigation in relation to the Principal Public Interest Monitor or any other Public Interest Monitor, Integrity Oversight Victoria may—\n\n(a) in the case of an investigation in relation to the Principal Public Interest Monitor—make a recommendation to the Minister in accordance with section 85D;\n\n(b) in the case of an investigation in relation to any other Public Interest Monitor—make a recommendation to the Principal Public Interest Monitor in accordance with section 85D;\n\n(c) make a recommendation to the Chief Commissioner of Police in accordance with section 85E;\n\n(d) make a recommendation to the Director of Public Prosecutions in accordance with section 85E;\n\n(e) make a recommendation to the Australian Federal Police in accordance with section 85E;\n\n(f) make a recommendation to the Victorian WorkCover Authority in accordance with section 85E;\n\n(g) make a recommendation in accordance with section 85E to a person or body prescribed for the purposes of section 85E(e);\n\n(h) provide advice to a complainant in accordance with section 88;\n\n(i) subject to paragraphs (a) and (b), do any combination or all of the matters referred to in paragraphs (a) to (h);\n\n(j) determine to make no findings or take no action following the investigation.\n\nS. 89(8) inserted by No. 21/2020 s. 96, amended by No. 31/2024 s. 113(Sch. 1 item 1.141(a)), repealed by No. 35/2025 s. 104.\n\nS. 89(9) inserted by No. 50/2021 s. 124, repealed by No. 31/2023 s. 39.\n\nS. 90 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.142).\n\nS. 90 inserted by No. 82/2012 s. 58, amended by No. 31/2024 s. 113(Sch. 1 item 1.143).\n\n","sortOrder":131},{"sectionNumber":"90","sectionType":"section","heading":"Powers of Integrity Oversight Victoria after investigation","content":"\t90 Powers of Integrity Oversight Victoria after investigation\n\nWithout limiting anything in section 89, after conducting an investigation, Integrity Oversight Victoria may do any other thing that Integrity Oversight Victoria is permitted to do under this Act or any other Act.\n\nPt 7 Div. 2 (Heading) inserted by No. 2/2019 s. 184.\n\nDivision 2—Budget, annual plan and performance audit\n\nS. 90A inserted by No. 2/2019 s. 185, amended by No. 31/2024 s. 113(Sch. 1 item 1.144).\n\n","sortOrder":132},{"sectionNumber":"90A","sectionType":"section","heading":"Budget","content":"\t90A Budget\n\nIntegrity Oversight Victoria's budget for each financial year is to be determined in consultation with the Parliamentary Committee concurrently with the annual plan under section 90B.\n\nS. 90B inserted by No. 2/2019 s. 185.\n\n","sortOrder":133},{"sectionNumber":"90B","sectionType":"section","heading":"Annual plan","content":"\t90B Annual plan\n\nS. 90B(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.145(a)).\n\n(1) Before the beginning of each financial year, Integrity Oversight Victoria must—\n\nS. 90B(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.145(b)).\n\n(a) prepare a draft annual plan describing Integrity Oversight Victoria's proposed work program for that financial year; and\n\n(b) submit the plan to the Parliamentary Committee for its consideration.\n\n(2) After considering the draft annual plan, the Parliamentary Committee—\n\nS. 90B(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.145(a)).\n\n(a) must return the plan to Integrity Oversight Victoria; and\n\nS. 90B(2)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.145(a)).\n\n(b) may provide to Integrity Oversight Victoria any comments regarding the plan, including suggestions of changes to be made to the plan.\n\nS. 90B(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.145(a)).\n\n(3) As soon as practicable after the passage of the annual appropriation Acts for a financial year and after considering any comments received from the Parliamentary Committee, Integrity Oversight Victoria must finalise the annual plan for that financial year.\n\nS. 90B(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.145  \n(a)(c)).\n\n(4) Integrity Oversight Victoria must indicate in the annual plan the nature of any changes suggested by the Parliamentary Committee under subsection (2)(b) that Integrity Oversight Victoria has not adopted.\n\nS. 90B(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.145(a)).\n\n(5) Before the beginning of the financial year to which the annual plan relates, Integrity Oversight Victoria must—\n\n(a) present the annual plan to the Parliamentary Committee; and\n\n(b) cause the plan to be transmitted to the Parliament in accordance with section 90C.\n\nS. 90C inserted by No. 2/2019 s. 185.\n\n","sortOrder":134},{"sectionNumber":"90C","sectionType":"section","heading":"Transmission of annual plan to Parliament","content":"\t90C Transmission of annual plan to Parliament\n\nS. 90C(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.146(a)).\n\n(1) Integrity Oversight Victoria must cause the annual plan for a financial year to be transmitted to each House of Parliament as soon as practicable after it has been prepared.\n\n(2) The clerk of each House of Parliament must cause the annual plan to be laid before the House on the day on which it is received or on the next sitting day of the House.\n\nS. 90C(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.146(b)).\n\n(3) If Integrity Oversight Victoria proposes to transmit the annual plan to the Parliament at a time when a House of the Parliament is not likely to next sit until after the beginning of the financial year to which the annual plan relates, Integrity Oversight Victoria must—\n\nS. 90C(3)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.146(c)).\n\n(a) give one business day's notice of Integrity Oversight Victoria's intention to do so to the clerk of that House of Parliament; and\n\n(b) give the annual plan to the clerk of that House of Parliament on the day indicated in the notice; and\n\nS. 90C(3)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.146(b)).\n\n(c) publish the annual plan on an Internet website maintained by Integrity Oversight Victoria on the day after giving it to the clerk.\n\n(4) If a clerk of a House of the Parliament is given notice under subsection (3)(a), the clerk must—\n\n(a) notify each member of the House of the receipt of the notice on the same day that the clerk receives the notice; and\n\n(b) give a copy of the annual plan to each member of the House as soon as practicable after the clerk receives the annual plan; and\n\n(c) cause the annual plan to be laid before the House on the next sitting day of the House.\n\n(5) An annual plan given to the clerk of a House of the Parliament in accordance with subsection (3) is taken to have been published by order, or under authority, of the House.\n\nS. 90D inserted by No. 2/2019 s. 185.\n\n","sortOrder":135},{"sectionNumber":"90D","sectionType":"section","heading":"Independent performance audit","content":"\t90D Independent performance audit\n\nS. 90D(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.147).\n\n(1) A suitably qualified person may be appointed by resolution of the Legislative Council and Legislative Assembly, on the recommendation of the Parliamentary Committee, as an independent performance auditor of Integrity Oversight Victoria other than the following—\n\n(a) the Auditor-General;\n\n(b) any other VAGO officer, within the meaning of section 3(1) of the **Audit Act 1994**;\n\n(c) a person engaged by the Auditor-General under section 7 of the **Audit Act 1994** to assist in the performance of a function under that Act;\n\n(d) a person to whom the Auditor-General has delegated a power or function under section 8 of the **Audit Act 1994**.\n\n(2) The independent performance auditor—\n\n(a) is appointed on such terms and conditions and is entitled to such remuneration as are determined by the Parliamentary Committee; and\n\n(b) in conducting the audit, must comply with directions as to the audit given by the Parliamentary Committee.\n\n(3) Remuneration payable under the appointment is paid out of the Consolidated Fund which is to the necessary extent appropriated accordingly.\n\nS. 90D(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.147).\n\n(4) The independent performance auditor must conduct a performance audit at least once every 4 years to determine whether Integrity Oversight Victoria is achieving its objectives effectively, economically and efficiently and in compliance with this Act.\n\n(5) Subject to any directions given by the Parliamentary Committee, the independent performance auditor may exercise any powers of the Auditor-General under Part 7 of the **Audit Act 1994** to the extent necessary to conduct the audit as if a reference in that Part to the Auditor-General includes a reference to the independent performance auditor.\n\n(6) The Parliamentary Committee must prepare and finalise a specification for a performance audit before the independent performance auditor may call for any information or rely on any power under Part 7 of the **Audit Act 1994** in relation to the audit.\n\n(7) Before finalising a specification for a performance audit the Parliamentary Committee must—\n\n(a) prepare a draft specification for the performance audit that sets out the objectives of the audit and the particular issues (if any) to be addressed; and\n\nS. 90D(7)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.147).\n\n(b) consult with Integrity Oversight Victoria on the draft specification.\n\nS. 90D(8) amended by No. 31/2024 s. 113(Sch. 1 item 1.147).\n\n(8) If Integrity Oversight Victoria does not respond to a request for comment on a draft specification for a performance audit within 15 business days of receiving the request—\n\nS. 90D(8)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.147).\n\n(a) Integrity Oversight Victoria is taken to have no comment on the draft specification; and\n\n(b) the independent performance auditor may finalise the specification.\n\nS. 90D(9) amended by No. 31/2024 s. 113(Sch. 1 item 1.147).\n\n(9) The Parliamentary Committee must provide the final specification for a performance audit to Integrity Oversight Victoria.\n\nS. 90D(10) amended by No. 31/2024 s. 113(Sch. 1 item 1.147).\n\n(10) The independent performance auditor may apply additional auditing and assurance standards applied by the Auditor-General under section 78(2) of the **Audit Act 1994**, to the conduct of performance audits of Integrity Oversight Victoria.\n\nS. 90E inserted by No. 2/2019 s. 185.\n\n","sortOrder":136},{"sectionNumber":"90E","sectionType":"section","heading":"Report of independent performance auditor","content":"\t90E Report of independent performance auditor\n\n(1) The independent performance auditor may make a report of a performance audit conducted under section 90D.\n\n(2) A report under subsection (1)—\n\n(a) may include any information and recommendations the independent performance auditor considers relevant; and\n\n(b) must set out the reasons for opinions expressed in the report.\n\n(3) The independent performance auditor must not make a report under subsection (1) unless—\n\nS. 90E(3)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.148).\n\n(a) at least 20 business days before making the report, the independent performance auditor gives Integrity Oversight Victoria a copy of the proposed report or a summary of findings and proposed recommendations; and\n\nS. 90E(3)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.148).\n\n(b) the independent performance auditor asks Integrity Oversight Victoria in writing for comment before a specified date, being at least 10 business days after the material referred to in paragraph (a) is given to Integrity Oversight Victoria; and\n\nS. 90E(3)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.148).\n\n(c) the independent performance auditor includes in the report any comments made before the specified date, or a summary of those comments, in a form agreed between the independent performance auditor and Integrity Oversight Victoria.\n\n(4) The independent performance auditor must, within 7 sitting days of making the report, transmit the report to each House of the Parliament.\n\n(5) The independent performance auditor must not include in a report under subsection (1)—\n\n(a) 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\n\n(b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence.\n\n(6) The independent performance auditor must not include in a report under subsection (1)—\n\nS. 90E(6)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.148).\n\n(a) information that the independent performance auditor considers would prejudice any criminal proceedings or criminal investigations, or any investigations by the IBAC or by Integrity Oversight Victoria or an investigation under the **Judicial Commission of Victoria Act 2016**; or\n\n(b) information that discloses the identity of a person to whom, or in respect of whom, a direction has been given under—\n\n(i) Division 1 of Part 9 of the **Independent Broad-based Anti‑corruption Commission Act 2011**; or\n\n(c) any information that—\n\n(i) is likely to lead to the identification of a person who has made an assessable disclosure; and\n\n(ii) is not information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies; or\n\n(d) information that discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or\n\n(e) information that a particular investigation has been, is being or is to be, conducted.\n\nS. 90E(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.148).\n\n(7) If the independent performance auditor intends to include in a report under subsection (1) a comment or an opinion that is adverse to any person who is to be named in the report and who is employed under Part 3 of the **Public Administration Act 2004** pursuant to section 28(1) or engaged under section 28(2) or 29, Integrity Oversight Victoria must, after receiving a copy of the proposed report or the relevant part of the proposed report, give the person a reasonable opportunity to respond to Integrity Oversight Victoria in relation to the adverse material.\n\nS. 91 amended by Nos 19/2012 s. 17, 82/2012 ss 59, 219, 281, 320(c), 85/2012 s. 122.\n\n","sortOrder":137},{"sectionNumber":"91","sectionType":"section","heading":"Matters to be included in annual report","content":"\t91 Matters to be included in annual report\n\nS. 91(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(a)).\n\n(1) Integrity Oversight Victoria in its annual report for a financial year under Part 7 of the **Financial Management Act 1994** must include—\n\n(a) the prescribed information relating to the performance of its duties and functions;\n\n(b) a description of its activities in relation to the performance of its duties and functions;\n\nS. 91(1)(ba) inserted by No. 2/2019 s. 187(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(ba) an account of the implementation of the annual plan prepared by Integrity Oversight Victoria under section 90B;\n\n(c) details of the IBAC's compliance with this Act and the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 91(1)(d) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 12).\n\n(d) details of the compliance by the IBAC with the **Public Interest Disclosures Act 2012** during the financial year;\n\nS. 91(1)(e) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(e) details of the comprehensiveness and adequacy of reports made to Integrity Oversight Victoria by the IBAC under this Act;\n\nS. 91(1)(f) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(f) details of the extent to which action recommended by Integrity Oversight Victoria to be taken by the IBAC has been taken;\n\nS. 91(1)(g) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(c)).\n\n(g) details of the results of Integrity Oversight Victoria's monitoring of—\n\n(i) the exercise of coercive powers by VAGO officers; and\n\nS. 91(1)(g)(ii) amended by No. 12/2019 s. 18(1).\n\n(ii) compliance by VAGO officers with sections 30, 31, 32, 33, 34, 35, 36, 37, 39, 43, 44, 45, 46, 50 and 51 of the **Audit Act 1994**;\n\nS. 91(1)(h) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(h) details of the comprehensiveness and adequacy of reports made to Integrity Oversight Victoria by the Auditor-General under this Act;\n\nS. 91(1)(i) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(i) details of the extent to which action recommended by Integrity Oversight Victoria to be taken by the Auditor-General has been taken;\n\nS. 91(1)(j) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(c)).\n\n(j) details of the results of Integrity Oversight Victoria's monitoring of—\n\n(i) the exercise of coercive powers by Ombudsman officers; and\n\n(ii) compliance by Ombudsman officers with procedural fairness requirements in the performance of functions under the **Ombudsman Act 1973** or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the **Ombudsman Act 1973** or any other Act;\n\nS. 91(1)(k) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(k) details of the comprehensiveness and adequacy of reports made to Integrity Oversight Victoria by the Ombudsman under this Act;\n\nS. 91(1)(l) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(l) details of the extent to which action recommended by Integrity Oversight Victoria to be taken by the Ombudsman has been taken;\n\nS. 91(1)(la) inserted by No. 27/2024 s. 186(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.149(c)).\n\n(la) details of the results of Integrity Oversight Victoria's monitoring of—\n\n(i) the issuing, variation or withdrawal of investigation requests under the **Parliamentary Workplace Standards and Integrity Act 2024**; and\n\n(ii) the issuing, variation or cancellation of confidentiality notices under that Act; and\n\n(iii) compliance by Parliamentary Workplace Standards and Integrity Commission officers with procedural fairness requirements in the performance of functions under that Act or any other Act, including in the conduct of investigations and the making of reports and recommendations under that Act or any other Act;\n\nS. 91(1)(lb) inserted by No. 27/2024 s. 186(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(lb) details of the comprehensiveness and adequacy of reports made to Integrity Oversight Victoria by the Parliamentary Workplace Standards and Integrity Commission under this Act;\n\nS. 91(1)(lc) inserted by No. 27/2024 s. 186(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(lc) details of the extent to which action recommended by Integrity Oversight Victoria to be taken by the Parliamentary Workplace Standards and Integrity Commission has been taken;\n\n(m) details of the compliance with this Act by the Chief Examiner or an Examiner;\n\nS. 91(1)(n) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(n) details of the comprehensiveness and adequacy of reports made to Integrity Oversight Victoria by the Chief Examiner under this Act;\n\nS. 91(1)(o) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(o) details of the extent to which action recommended by Integrity Oversight Victoria to be taken by the Chief Examiner has been taken;\n\nS. 91(1)(oa) inserted by No. 16/2016 s. 184(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(oa) details of the extent to which recommendations by Integrity Oversight Victoria have been implemented by the Judicial Commission;\n\nS. 91(1)(p) amended by Nos 20/2017 s. 126(1), 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(p) a statement of the results of inspections by Integrity Oversight Victoria of the relevant records of Public Interest Monitors;\n\nS. 91(1)(q) inserted by No. 20/2017 s. 126(2), amended by No. 31/2024 s. 113(Sch. 1 item 1.149(c)).\n\n(q) details of the results of Integrity Oversight Victoria's monitoring of—\n\n(i) the exercise of coercive powers by officers of the Office of the Victorian Information Commissioner; and\n\nS. 91(1)(q)(ii) substituted by No. 2/2019 s. 141.\n\n(ii) compliance with procedural fairness requirements by officers of the Office of the Victorian Information Commissioner in—\n\n(A) the exercise, or purported exercise, of coercive powers under the **Freedom of Information Act 1982** and the **Privacy and Data Protection Act 2014**; and\n\n(B) the conduct of investigations under Part VIB of the **Freedom of** **Information Act 1982**; and\n\n(C) the making of recommendations under section 61L of the **Freedom of** **Information Act 1982**; and\n\n(D) the making of investigation reports under section 61Q of the **Freedom of Information Act 1982**; and\n\n(E) the making of compliance notices under Part 3 of the **Privacy and Data Protection Act 2014**;\n\nS. 91(1)(q)(iii) repealed by No. 2/2019 s. 141.\n\nS. 91(1)(r) inserted by No. 20/2017 s. 126(2), amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(r) details of the comprehensiveness and adequacy of reports made to Integrity Oversight Victoria by the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner;\n\nS. 91(1)(s) inserted by No. 20/2017 s. 126(2), amended by Nos 21/2020 s. 97(1), 31/2024 s. 113(Sch. 1 item 1.149(b)), 35/2025 s. 105(a).\n\n(s) details of the extent to which action recommended by Integrity Oversight Victoria to be taken by the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner has been taken.\n\nS. 91(1)(t) inserted by No. 21/2020 s. 97(2), amended by No. 31/2024 s. 113(Sch. 1 item 1.149(c)), repealed by No. 35/2025 s. 105(b).\n\nS. 91(1)(u) inserted by No. 21/2020 s. 97(2), amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)), repealed by No. 35/2025 s. 105(b).\n\nS. 91(1)(v) inserted by No. 21/2020 s. 97(2), amended by Nos 50/2021 s. 125(1)(a), 31/2023 s. 40(a), 31/2024 s. 113(Sch. 1 item 1.149(b)), repealed by No. 35/2025 s. 105(b).\n\nS. 91(1)(w) inserted by No. 50/2021 s. 125(1)(b), repealed by No. 31/2023 s. 40(1)(b).\n\nS. 91(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(2) If Integrity Oversight Victoria intends to include in its annual report adverse findings about a public body, Integrity Oversight Victoria must give the relevant principal officer of that public body an opportunity to respond to the adverse material and fairly set out each element of the response in its report.\n\nS. 91(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(3) If Integrity Oversight Victoria intends to include in its annual report a comment or an opinion which is adverse to any person, Integrity Oversight Victoria must first provide the person a reasonable opportunity to respond to the adverse material and fairly set out each element of the response in its report.\n\nS. 91(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(4) If Integrity Oversight Victoria intends to include in its annual report a comment or an opinion about any person which is not adverse to the person, Integrity Oversight Victoria must first provide that person with the relevant material in relation to which Integrity Oversight Victoria intends to name the person.\n\nS. 91(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(5) If Integrity Oversight Victoria is aware of a criminal investigation or criminal proceedings in relation to a matter or person to be included in its annual report Integrity Oversight Victoria must not include in the annual report any information which would prejudice the criminal investigation or criminal proceedings.\n\nS. 91(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(6) If Integrity Oversight Victoria is aware of an IBAC investigation in relation to a matter or person to be included in its annual report Integrity Oversight Victoria must not include in the annual report any information which would prejudice the IBAC investigation.\n\nS. 91(7) amended by Nos 12/2019 s. 18(2), 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(7) If Integrity Oversight Victoria is aware of an audit or assurance review that is being or has been conducted by the Auditor-General in relation to a matter or person to be included in its annual report, Integrity Oversight Victoria must not include in the annual report any information which would prejudice the audit or assurance review.\n\nS. 91(8) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(8) If Integrity Oversight Victoria is aware of an investigation that is being or has been conducted by the Ombudsman in relation to a matter or person to be included in its annual report, Integrity Oversight Victoria must not include in the annual report any information which would prejudice the investigation.\n\nS. 91(8A) inserted by No. 27/2024 s. 186(2), amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b))..\n\n(8A) If Integrity Oversight Victoria is aware of an investigation that is being or has been conducted by the Parliamentary Workplace Standards and Integrity Commission in relation to a matter or person to be included in its annual report, Integrity Oversight Victoria must not include in the annual report any information which would prejudice the investigation.\n\nS. 91(9) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(9) If Integrity Oversight Victoria is aware of an investigation that is being or has been conducted by the Chief Examiner or an Examiner in relation to a matter or person to be included in its annual report, Integrity Oversight Victoria must not include in the annual report any information which would—\n\n(a) prejudice the investigation; or\n\n(b) identify, or be likely to identify, any person who is being, or has been, examined under the **Major Crime (Investigative Powers) Act 2004**; or\n\n(c) identify the nature of any ongoing investigation of an organised crime offence within the meaning of the **Major Crime (Investigative Powers) Act 2004**.\n\nS. 91(9A) inserted by No. 16/2016 s. 184(2), amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(9A) If Integrity Oversight Victoria is aware of an investigation that is being or has been conducted under the **Judicial Commission of Victoria Act 2016** in relation to a matter or person to be included in its annual report, Integrity Oversight Victoria must not include in the annual report any information which would prejudice the investigation.\n\nS. 91(9B) inserted by No. 50/2021 s. 125(2), repealed by No. 31/2023 s. 40(2).\n\nS. 91(10) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(a)).\n\n(10) Integrity Oversight Victoria must not include in its annual report a statement as to—\n\n(a) a finding or opinion that a specified person is guilty of or has committed, is committing or is about to commit, any criminal offence or disciplinary offence; or\n\n(b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence or disciplinary offence.\n\nS. 91(11) amended by No. 31/2024 s. 113(Sch. 1 item 1.149  \n\n(11) Integrity Oversight Victoria must not include in its annual report any information that would identify any person who is not the subject of any adverse comment or opinion unless Integrity Oversight Victoria—\n\n(a) is satisfied that it is necessary or desirable to do so in the public interest; and\n\n(b) is satisfied that it will not cause unreasonable damage to a person's reputation, safety or wellbeing; and\n\n(c) states in the report that the person is not the subject of any adverse comment or opinion.\n\nS. 91(12) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(a)).\n\n(12) Integrity Oversight Victoria must not include in its annual report any information that—\n\n(a) discloses the identity of a person to whom, or in respect of whom, a direction has been given under—\n\n(i) Division 1 of Part 9 of the **Independent Broad-based Anti‑corruption Commission Act 2011**;\n\nS. 91(12)(a)(ii) substituted by No. 37/2014 s. 10(Sch. item 179.8).\n\n(b) is likely to lead to the identification of a person who has made an assessable disclosure.\n\nS. 91(13) amended by Nos 2/2019 s. 72(Sch. 1 Pt B item 13), 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(13) However, Integrity Oversight Victoria may in an annual report include information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies.\n\nS. 91(14) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(14) Subject to subsection (15), if as a result of the inspection of the relevant records of Public Interest Monitors, Integrity Oversight Victoria is of the opinion that there has been a contravention of the prescribed obligations, Integrity Oversight Victoria may include in the annual report a report on the contravention.\n\n(15) A report for the purposes of subsection (14) must not contain information that—\n\n(a) discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency within the meaning of section 19(5) of the **Public Interest Monitor Act 2011**; or\n\n(16) For the purposes of subsection (15), ***investigation***, ***law enforcement agency*** and ***relevant application*** have the meaning given by section 13(12).\n\nS. 91(17) inserted by No. 34/2016 s. 39.\n\n(17) A report for the purposes of subsection (14) that relates to the functions of the Public Interest Monitor under the **Witness Protection Act 1991** must not include any information that would—\n\nS. 91(17)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(a) prejudice a criminal investigation, criminal proceeding or other legal proceeding of which Integrity Oversight Victoria is aware; or\n\n(b) compromise the operational activities or methodologies of Victoria Police or of any authority or body referred to in the definition of ***approved authority*** in section 3(1) of the **Witness Protection Act 1991**; or\n\n(i) who is or has been included in the Victorian witness protection program, within the meaning of the **Witness Protection Act 1991**; or\n\n(ii) to whom alternative protection arrangements, within the meaning of the **Witness Protection Act 1991**, are being or have been provided.\n\nS. 91(18) inserted by No. 2/2019 s. 187(2), amended by No. 31/2024 s. 113(Sch. 1 item 1.149(b)).\n\n(18) As soon as practicable after the end of each financial year, Integrity Oversight Victoria must cause the annual report for that financial year to be transmitted to each House of Parliament.\n\nNote to s. 91 amended by Nos 2/2019 s. 72(Sch. 1 Pt B item 14), 31/2024 s. 113(Sch. 1 item 1.150).\n\nSee also section 68 of the **Public Interest Disclosures Act 2012** for additional matters that are to be included in Integrity Oversight Victoria's annual report.\n\nPt 7 Div. 3 (Heading) inserted by No. 2/2019 s. 186.\n\nDivision 3—Miscellaneous\n\nS. 92 inserted by No. 19/2012 s. 18.\n\n","sortOrder":138},{"sectionNumber":"92","sectionType":"section","heading":"Persons who receive reports or information prior to publication","content":"\t92 Persons who receive reports or information prior to publication\n\nS. 92(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.151).\n\n(1) Subject to subsection (3), a person who receives a proposed report, or a draft or part of a proposed report or information contained in a proposed report or draft or part of a proposed report, before the report is published by Integrity Oversight Victoria in accordance with section 87 or 91 must not disclose any information contained in the proposed report or draft or part of the proposed report unless—\n\n(a) the disclosure is permitted under subsection (2); and\n\n(b) the advice required by subsection (4) is given at the same time the disclosure is made.\n\nNote to s. 92(1) inserted by No. 59/2014 s. 31(4).\n\n(2) For the purposes of subsection (1), a disclosure is permitted if the disclosure—\n\nS. 92(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.151).\n\n(a) is made in accordance with a direction or authorisation given by Integrity Oversight Victoria; or\n\n(b) is made by an officer of an entity to other officers of the entity for the purposes of enabling the entity to respond to the proposed report or draft or part of the proposed report; or\n\n(c) subject to section 58(2) and (8), is made for the purposes of obtaining legal advice or representation in relation to the proposed report or draft or part of the proposed report; or\n\n(d) is otherwise authorised or required to be made by or under this Act.\n\nS. 92(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.151).\n\n(3) Despite subsection (1), a disclosure is permitted if the disclosure is made after the information is published by Integrity Oversight Victoria in a report or has otherwise been made public in accordance with this Act.\n\n(4) A person who makes a disclosure of information permitted by subsection (2) must advise any person to whom the disclosure is made that this section applies in relation to the subsequent disclosure of that information by the person to whom the disclosure is made.\n\n","sortOrder":139},{"sectionNumber":"Part 8","sectionType":"part","heading":"General","content":"Part 8—General\n\nDivision 1—Miscellaneous\n\nS. 92A inserted by No. 59/2014 s. 29.\n\n","sortOrder":140},{"sectionNumber":"92A","sectionType":"section","heading":"Complaints etc. by detained person","content":"\t92A Complaints etc. by detained person\n\n(1) This section applies if a detained person wishes to—\n\nS. 92A(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).\n\n(a) provide information or make a complaint to Integrity Oversight Victoria under this Act; or\n\nS. 92A(1)(b) amended by Nos 2/2019 s. 72(Sch. 1 Pt B item 15), 31/2024 s. 113(Sch. 1 item 1.152(a)).\n\n(b) make a disclosure to Integrity Oversight Victoria under Part 2 of the **Public Interest Disclosures Act 2012**.\n\nS. 92A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).\n\n(2) The detained person may inform the person in charge that he or she wishes to communicate with Integrity Oversight Victoria.\n\n(3) The detained person is not required to inform the person in charge of the content or purpose of that communication.\n\nS. 92A(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).\n\n(4) On being informed by the detained person of his or her wish to communicate with Integrity Oversight Victoria, the person in charge must—\n\n(a) take all reasonable steps to facilitate that communication; and\n\nS. 92A(4)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).\n\n(b) subject to subsection (6), immediately forward, unopened, to Integrity Oversight Victoria any letter addressed to Integrity Oversight Victoria by the detained person.\n\nS. 92A(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).\n\n(5) Subject to subsection (6), if a letter from Integrity Oversight Victoria is addressed to the detained person, the person in charge must ensure that it is immediately forwarded, unopened, to the detained person.\n\n(6) If a letter referred to in subsection (4)(b) or (5) is suspected by the person in charge to contain drugs, weapons or other contraband, the letter may be opened by the person in charge, or his or her delegate, in the presence of—\n\nS. 92A(6)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).\n\n(a) in the case of a letter addressed to Integrity Oversight Victoria—\n\n(i) the person who wrote the letter; and\n\nS. 92A(6)(a)(ii) amended by No. 31/2024 s. 113(Sch. 1 item 1.152  \n\n(ii) an Integrity Oversight Victoria Officer or a person approved in writing by the Chief Integrity Inspector; or\n\nS. 92A(6)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).\n\n(b) in the case of a letter from Integrity Oversight Victoria to the detained person—\n\n(i) the person to whom the letter is addressed; and\n\nS. 92A(6)(b)(ii) amended by No. 31/2024 s. 113(Sch. 1 item 1.152  \n\n(ii) an Integrity Oversight Victoria Officer or a person approved in writing by the Chief Integrity Inspector.\n\n(7) Subject to subsection (6), a person, including a person in charge, must not prevent or hinder the forwarding, unopened, of a letter—\n\nS. 92A(7)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).\n\n(a) addressed to Integrity Oversight Victoria from a detained person; or\n\nS. 92A(7)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).\n\n(b) to a detained person from Integrity Oversight Victoria.\n\n","sortOrder":141},{"sectionNumber":"93","sectionType":"section","heading":"Immunity","content":"\t93 Immunity\n\nS. 93(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.153  \n\n(1) Integrity Oversight Victoria or an Integrity Oversight Victoria Officer is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—\n\n(a) in the performance of a function or the exercise of a power under this Act; or\n\n(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.\n\nS. 93(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.153  \n\n(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer attaches instead to the State.\n\nS. 94 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.154).\n\nS. 94 inserted by No. 19/2012 s. 19, amended by No. 31/2024 s. 113(Sch. 1 item 1.155).\n\n","sortOrder":142},{"sectionNumber":"94","sectionType":"section","heading":"Offence to impersonate an Integrity Oversight Victoria Officer","content":"\t94 Offence to impersonate an Integrity Oversight Victoria Officer\n\nA person who is not an Integrity Oversight Victoria Officer must not, in any way, hold himself or herself out to be an Integrity Oversight Victoria Officer.\n\nS. 95 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.156).\n\nS. 95 inserted by No. 19/2012 s. 19, amended by No. 31/2024 s. 113(Sch. 1 item 1.157).\n\n","sortOrder":143},{"sectionNumber":"95","sectionType":"section","heading":"Offence to hinder or obstruct an Integrity Oversight Victoria Officer","content":"\t95 Offence to hinder or obstruct an Integrity Oversight Victoria Officer\n\nA person must not, without reasonable excuse, hinder or obstruct an Integrity Oversight Victoria Officer who is exercising a power under section 13 or Part 6.\n\nNote to s. 95 inserted by No. 59/2014 s. 31(5).\n\nS. 96 inserted by No. 19/2012 s. 19, amended by No. 31/2024 s. 113(Sch. 1 item 1.158).\n\n","sortOrder":144},{"sectionNumber":"96","sectionType":"section","heading":"Compliance with direction or requirement","content":"\t96 Compliance with direction or requirement\n\nA person must not, without reasonable excuse, refuse or fail to comply with a direction or requirement made of the person in the exercise of a power by an Integrity Oversight Victoria Officer under this Act or the regulations.\n\nNote to s. 96 inserted by No. 59/2014 s. 31(5).\n\nS. 97 inserted by No. 19/2012 s. 19, amended by No. 31/2024 s. 113(Sch. 1 item 1.159).\n\n","sortOrder":145},{"sectionNumber":"97","sectionType":"section","heading":"Statement which is false or misleading","content":"\t97 Statement which is false or misleading\n\nA person must not wilfully make a statement to Integrity Oversight Victoria that the person knows to be false or misleading in a material particular or mislead or attempt to mislead Integrity Oversight Victoria or an Integrity Oversight Victoria Officer in the exercise of its, his or her powers under this Act or the regulations.\n\nNote to s. 97 inserted by No. 59/2014 s. 31(5).\n\nS. 97AA (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.160).\n\nS. 97AA inserted by No. 31/2024 s. 108.\n\n\t97AA Offence to disclose certain advice or information received from Integrity Oversight Victoria\n\n(1) A complainant who receives advice under section 44(9) or 45(1) or information under section 88(1) or (2) must not disclose the content of that advice or information except in the circumstances specified in subsection (4).\n\n(2) A person who receives advice or information referred to in subsection (1) in any circumstance specified in subsection (4) must not disclose that advice or information except in the circumstances specified in subsection (4).\n\n(3) A person other than a person referred to in subsection (2) who receives advice or information referred to in subsection (1) or (2) from a person referred to in those subsections must not disclose that advice or information except in the circumstances specified in subsection (4).\n\n(4) For the purposes of this section, the specified circumstances are—\n\n(a) disclosure to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons, a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 38 or to comply with this section, including if the person—\n\n(i) does not have a sufficient knowledge of the English language to understand the nature of the witness summons, a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 38 or this section, to an interpreter; or\n\n(ii) is a person under the age of 18 years, to a parent, guardian or independent person; or\n\n(iii) is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, a confidentiality notice, a notice cancelling a confidentiality notice, an order extending a confidentiality notice under section 38 or this section without assistance, to an independent person; or\n\n(b) disclosure for the purposes of obtaining legal advice or representation in relation to—\n\n(i) a witness summons, a confidentiality notice, a notice cancelling a confidentiality notice, an order extending a confidentiality notice under section 38 or compliance with this section; or\n\n(ii) the person's rights, liabilities, obligations and privileges under this Act or the **Public Interest Disclosures Act 2012**; or\n\n(c) disclosure by an Australian legal practitioner who receives a disclosure in the circumstances specified in paragraph (b), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from the legal practitioner's professional relationship with the legal practitioner's client; or\n\nS. 97AA(4)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.161).\n\n(d) disclosure of advice or information that has been published by Integrity Oversight Victoria in a report or has otherwise been made public in accordance with this Act; or\n\n(e) disclosure to the person's spouse or domestic partner; or\n\n(f) disclosure to the person's employer or manager or both; or\n\n(g) disclosure to or for the purposes of assisting the person to seek advice or support from—\n\n(i) a registered health practitioner; or\n\n(ii) a trade union, within the meaning of section 93AB(11) of the Competition and Consumer Act 2010 of the Commonwealth, of which the person is a member; or\n\n(iii) an employee assistance program; or\n\n(h) disclosure to the Victorian WorkCover Authority for the purpose of a workers' compensation claim; or\n\n(i) disclosure to a prescribed service for a purpose prescribed for that service or class of services; or\n\n(j) disclosure for the purpose of an application to the Fair Work Commission, including any related proceeding; or\n\n(k) disclosure for the purposes of making a complaint to the Integrity and Oversight Committee; or\n\n(l) disclosure as is otherwise authorised or required to be made by or under this Act.\n\nSee also sections 39 and 40 of the **Public Interest Disclosures Act 2012**.\n\nS. 97A inserted by No. 59/2014 s. 30.\n\n","sortOrder":146},{"sectionNumber":"97A","sectionType":"section","heading":"Criminal liability of officers of bodies corporate—accessorial liability","content":"\t97A Criminal liability of officers of bodies corporate—accessorial liability\n\n(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—\n\n(a) authorised or permitted the commission of the offence by the body corporate; or\n\n(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.\n\n(2) For the purposes of subsection (1), the following provisions are specified—\n\n(a) section 39(1);\n\n(b) section 39(4);\n\n(c) section 39(5);\n\n(d) section 64(1);\n\n(e) section 64(2);\n\n(f) section 66;\n\n(g) section 92(1);\n\n(h) section 95;\n\n(i) section 96;\n\nS. 97A(2)(ia) inserted by No. 31/2024 s. 107.\n\n(ia) section 97AA(1);\n\nS. 97A(2)(ib) inserted by No. 31/2024 s. 107.\n\n(ib) section 97AA(2);\n\nS. 97A(2)(ic) inserted by No. 31/2024 s. 107.\n\n(ic) section 97AA(3);\n\n(j) section 97.\n\n(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.\n\n(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.\n\n(5) In this section—\n\n***body corporate*** has the same meaning as corporation has in section 57A of the Corporations Act;\n\n***officer*** in relation to a body corporate means—\n\n(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or\n\n(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.\n\nS. 97A(6) substituted by No. 20/2015 s. 56(Sch. 1 item 15).\n\n(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the **Crimes Act 1958**.\n\nS. 97B inserted by No. 59/2014 s. 30.\n\n","sortOrder":147},{"sectionNumber":"97B","sectionType":"section","heading":"Maximum fine for body corporate","content":"\t97B Maximum fine for body corporate\n\n(1) If a body corporate is found guilty of an offence against this Act or the regulations and the court has power to fine the body corporate, it may, unless the contrary intention appears, impose on the body corporate a fine not greater than 5 times the amount of the maximum fine that could be imposed by the court on a natural person found guilty of the same offence committed at the same time.\n\n(2) This section has effect despite—\n\n(a) anything to the contrary in the **Sentencing Act 1991**; and\n\n(b) the prescription of a maximum fine for the offence applicable to all offenders.\n\nS. 98 inserted by No. 19/2012 s. 19.\n\n","sortOrder":148},{"sectionNumber":"98","sectionType":"section","heading":"Responsible agency for the Crown","content":"\t98 Responsible agency for the Crown\n\n(1) If proceedings are brought against the Crown for an offence against this Act or the regulations, the responsible agency in respect of the offence may be specified in any document initiating, or relating to, the proceedings.\n\n(2) In this section, the responsible agency in respect of an offence is the agency of the Crown—\n\n(a) whose acts or omissions are alleged to constitute the offence; or\n\n(b) if that agency has ceased to exist, that is the successor of that agency; or\n\n(c) if that agency has ceased to exist and there is no clear successor, that the court declares to be the responsible agency.\n\n(3) The responsible agency in respect of an offence is entitled to act in proceedings against the Crown for the offence and, subject to any relevant rules of court, the procedural rights and obligations of the Crown as the accused in the proceedings are conferred or imposed on the responsible agency.\n\n(4) The person bringing the proceedings may change the responsible agency during the proceedings with the leave of the court.\n\nS. 99 inserted by No. 19/2012 s. 19.\n\n","sortOrder":149},{"sectionNumber":"99","sectionType":"section","heading":"Proceedings against successors to public bodies","content":"\t99 Proceedings against successors to public bodies\n\nProceedings for an offence against this Act or the regulations that were commenced against a public body before its dissolution, or that could have been commenced against a public body if not for its dissolution, may be continued or commenced against its successor if the successor is a public body.\n\nS. 100 inserted by No. 19/2012 s. 19.\n\n","sortOrder":150},{"sectionNumber":"100","sectionType":"section","heading":"Power to bring proceedings","content":"\t100 Power to bring proceedings\n\nProceedings for an offence under this Act or the regulations may be brought by—\n\nS. 100(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.162(a)).\n\n(a) Integrity Oversight Victoria;\n\nS. 100(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.162  \n\n(b) an Integrity Oversight Victoria Officer authorised by the Chief Integrity Inspector;\n\nS. 100(c) amended by Nos 37/2014 s. 10(Sch. item 179.9), 31/2024 s. 113(Sch. 1 item 1.162(c)).\n\n(c) a police officer authorised by the Chief Integrity Inspector.\n\nS. 101 inserted by No. 19/2012 s. 19.\n\n","sortOrder":151},{"sectionNumber":"101","sectionType":"section","heading":"Validity and effect of notices, orders and other documents and deemed service","content":"\t101 Validity and effect of notices, orders and other documents and deemed service\n\nThe validity of any notice, order or other document given or made under this Act, other than under Divisions 2 and 3 of Part 2 and Part 6, or of the service of the notice, order or other document is not affected by any error, misdescription or irregularity which in the opinion of a court is not likely to mislead or which in fact does not mislead.\n\nS. 102 amended by Nos 19/2012 s. 20, 82/2012 ss 60, 220, 282.\n\n","sortOrder":152},{"sectionNumber":"102","sectionType":"section","heading":"Exemption from Freedom of Information Act 1982","content":"\t102 Exemption from Freedom of Information Act 1982\n\n(1) The **Freedom of Information Act 1982** does not apply to a document that is in the possession of a relevant person or body to the extent to which the document discloses information that relates to—\n\n(a) a complaint made under this Act; or\n\n(b) an inspection made under this Act; or\n\n(c) an investigation conducted under this Act; or\n\nS. 102(1)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.163).\n\n(d) a recommendation made by Integrity Oversight Victoria under this Act; or\n\n(e) a report, including a progress report, on an investigation conducted under this Act.\n\n(2) In this section—\n\n***document*** has the same meaning as in the **Freedom of Information Act 1982**;\n\nS. 102(2) def. of *relevant person or body* amended by Nos 16/2016 s. 185, 20/2017 s. 127(b)[[4]](#endnote-5), 2/2019 s. 208, 21/2020 s. 98, 50/2021 s. 126, 31/2023 s. 41, 27/2024 s. 187, 31/2024 s. 113(Sch. 1 item 1.164), 35/2025 s. 106.\n\n***relevant person or body*** means—\n\n(a) Integrity Oversight Victoria;\n\n(b) an Integrity Oversight Victoria Officer;\n\n(c) the IBAC;\n\n(d) a Public Interest Monitor;\n\n(f) the Chief Commissioner of Police;\n\n(g) any other person prescribed for the purposes of section 79(3)(f) or 81(3)(f) or 83(3)(f) or 85(f);\n\n(h) the Director of Public Prosecutions;\n\n(i) the Australian Federal Police;\n\n(j) a VAGO officer;\n\n(k) the office of the Ombudsman;\n\n(l) an Ombudsman officer;\n\n(la) the Parliamentary Workplace Standards and Integrity Commission;\n\n(lb) a Parliamentary Workplace Standards and Integrity Commission officer;\n\n(m) the Chief Examiner and any Examiner;\n\n(n) the Office of the Victorian Information Commissioner or any officer of the Office of the Victorian Information Commissioner.\n\n(o) the Judicial Commission.\n\n","sortOrder":153},{"sectionNumber":"103","sectionType":"section","heading":"Regulations","content":"\t103 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or specially limited application;\n\n(b) may differ according to differences in time, place or circumstance;\n\n(c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or class of persons;\n\n(d) may provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified;\n\n(e) may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons;\n\n(f) may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or\n\n(iii) as formulated, issued, prescribed or published from time to time;\n\n(g) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.\n\nS. 104 amended by Nos 19/2012 s. 21, 28/2012 s. 34.\n\n","sortOrder":154},{"sectionNumber":"104","sectionType":"section","heading":"Regulations—specific matters","content":"\t104 Regulations—specific matters\n\nWithout limiting the generality of section 103, the regulations may prescribe—\n\nS. 104(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.165(a)).\n\n(a) security checks for Integrity Oversight Victoria Officers;\n\nS. 104(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.165(a)).\n\n(b) requirements relating to the issue of identity cards to Integrity Oversight Victoria Officers and the use of the identity cards;\n\nS. 104(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.165(a)).\n\n(c) requirements for the disclosure and reporting of pecuniary interests by Integrity Oversight Victoria Officers, including providing for the manner of disclosure (whether by statutory declaration or otherwise) and the compilation, maintenance and publication of registers of pecuniary interests;\n\nS. 104(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.165(b)).\n\n(d) actions which Integrity Oversight Victoria must take before Integrity Oversight Victoria questions a witness at an examination or requires a witness to produce a document or other thing;\n\n(e) the content and form of a witness summons;\n\n(f) the content and form of a confidentiality notice;\n\nS. 104(fa) inserted by No. 31/2024 s. 109.\n\n(fa) a service or a class of service for the purposes of section 39(2)(f)(iii), and the purposes for which a restricted matter can be disclosed in relation to the service or class;\n\nS. 104(fb) inserted by No. 31/2024 s. 109.\n\n(fb) a prescribed service for the purposes of section 97AA(4)(i), and the purposes for which advice or information can be disclosed in relation to the service;\n\n(g) matters which constitute proof of age;\n\n(h) fees and allowances payable to witnesses;\n\n(i) the content and form of an arrest warrant;\n\nS. 104(j) amended by Nos 50/2021 s. 127, 31/2023 s. 42.\n\n(j) persons or bodies for the purposes of section 79(3)(f);\n\n(k) matters to be included in a report about coercive questioning;\n\nS. 104(l) amended by No. 31/2024 s. 113(Sch. 1 item 1.165(b)).\n\n(l) the information to be included by Integrity Oversight Victoria in its annual report.\n\nS. 105 inserted by No. 82/2012 s. 61, repealed by No. 70/2011 s. 105(4).\n\nS. 106 inserted by No. 82/2012 s. 61.\n\n","sortOrder":155},{"sectionNumber":"106","sectionType":"section","heading":"Schedule","content":"\t106 Schedule\n\nThe Schedule has effect.\n\nS. 107 inserted by No. 11/2021 s. 182, repealed by No. 70/2011 s. 107(4).\n\nPt 8 Div. 2 (Heading and ss 107–111) inserted by No. 31/2024 s. 114.\n\nDivision 2—Saving and transitional provisions arising from Victorian Inspectorate name change\n\nNew s. 107 inserted by No. 31/2024 s. 114.\n\n","sortOrder":156},{"sectionNumber":"107","sectionType":"section","heading":"Definition for this Division","content":"\t107 Definition for this Division\n\nIn this Division—\n\n***commencement date*** means the day on which section 112 of the **Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024** comes into operation.\n\nS. 108 inserted by No. 31/2024 s. 114.\n\n","sortOrder":157},{"sectionNumber":"108","sectionType":"section","heading":"Operation of Interpretation of Legislation Act 1984","content":"\t108 Operation of Interpretation of Legislation Act 1984\n\nUnless the contrary intention expressly appears, this Division does not affect or take away from the **Interpretation of Legislation Act 1984**.\n\nS. 109 inserted by No. 31/2024 s. 114.\n\n","sortOrder":158},{"sectionNumber":"109","sectionType":"section","heading":"Construction of references","content":"\t109 Construction of references\n\nUnless the contrary intention appears, on and after the commencement date, in any Act, subordinate instrument, agreement or other document (other than this Act) as far as it relates to any period after that commencement date—\n\n(a) a reference to the **Victorian Inspectorate Act 2011** is to be construed as a reference to the **Integrity Oversight Victoria Act 2011**; and\n\n(b) a reference to the \"Victorian Inspectorate\" is to be construed as a reference to the \"Integrity Oversight Victoria\"; and\n\n(c) a reference to the \"Victorian Inspector\" or \"Inspector\" within the meaning of the **Victorian Inspectorate Act 2011**  is to be construed as a reference to the \"Chief Integrity Inspector\"; and\n\n(d) a reference to a \"Victorian Inspectorate Officer\" within the meaning of the **Victorian Inspectorate Act 2011**  is to be construed as a reference to an \"Integrity Oversight Victoria Officer\".\n\nS. 110 inserted by No. 31/2024 s. 114.\n\n","sortOrder":159},{"sectionNumber":"110","sectionType":"section","heading":"Saving provision—Victorian Inspectorate","content":"\t110 Saving provision—Victorian Inspectorate\n\nOn and after the commencement date, Integrity Oversight Victoria  is taken to be the same body as the Victorian Inspectorate was immediately before that commencement date and no decision, matter or thing is to be affected by the change in name.\n\nS. 111 inserted by No. 31/2024 s. 114.\n\n","sortOrder":160},{"sectionNumber":"111","sectionType":"section","heading":"Saving provision—Inspector","content":"\t111 Saving provision—Inspector\n\n(1) On and after the commencement date, the Inspector  holding office  immediately before that commencement date continues to hold office as the Chief Integrity Inspector after that commencement date on the same terms and conditions on which the person held office immediately before that commencement date and no decision, matter or thing is affected by the change in name.\n\n(2) Nothing in subsection (1) affects the operation of sections 21A, 21B, 21C, 22, 23 or 24 in relation to the person referred to in subsection (1) from any time after the commencement date.\n\n(3) To avoid doubt, service in the office of Inspector by the person referred to in subsection (1) is taken to be service in the office of Chief Integrity Inspector for the purposes of sections 21A and 21B.\n\nPt 5 Div. 2 (Heading and ss 43–49) repealed by No. 82/2012 s. 152(3).[[5]](#endnote-6)\n\nSch. inserted by No. 82/2012 s. 62.\n\nSchedule\n\nSavings and transitional provisions\n\n\t1 Definitions\n\nIn this Schedule—\n\n***commencement day*** means the day on which section 147 of the **Integrity and Accountability Legislation Amendment Act 2012** comes into operation;\n\n***Director*** means the Director, Police Integrity under section 7 of the PIA as in force immediately before its repeal;\n\n***MC (SIM) Act*** means the **Major Crime (Special Investigations Monitor) Act 2004**;\n\n***OPI*** means the Office of Police Integrity continued by section 5 of the PIA as in force immediately before its repeal;\n\n***PIA*** means the **Police Integrity Act 2008** as in force immediately before its repeal;\n\n***property*** means any legal or equitable estate or interest (whether present or future or whether vested or contingent) in real or personal property of any description;\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective;\n\n***SIM*** means the Special Investigations Monitor appointed under section 5 of the MC (SIM) Act as in force immediately before its repeal.\n\n\t2 General transitional provisions\n\n(1) Unless the contrary intention appears, this Schedule does not affect or take away from the **Interpretation of Legislation Act 1984**.\n\n(2) If a repealed provision of the MC (SIM) Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision—\n\n(a) any other repealed provisions of the MC (SIM) Act necessary to give effect to that continued provision; and\n\n(b) any regulations made under the MC (SIM) Act for the purposes of that continued provision.\n\n(3) If a repealed provision of the PIA continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision—\n\n(a) any other repealed provisions of the PIA necessary to give effect to that continued provision; and\n\n(b) any regulations made under the PIA for the purposes of that continued provision.\n\n\t3 SIM and office of SIM abolished\n\nOn the commencement day, the office of SIM is abolished and the SIM goes out of office.\n\n\t4 Victorian Inspectorate succeeds SIM\n\nOn the commencement day—\n\n(a) all rights, property and assets that, immediately before the commencement day, were vested in the SIM are, by force of this clause, vested in the Victorian Inspectorate;\n\n(b) all debts, liabilities and obligations of the SIM existing immediately before that day become, by force of this clause, debts, liabilities and obligations of the Victorian Inspectorate;\n\n(c) the Victorian Inspectorate is, by force of this clause, substituted as a party to any proceeding pending in any court or tribunal to which the SIM was a party immediately before that day;\n\n(d) the Victorian Inspectorate is, by force of this clause, substituted as a party to any arrangement or contract entered into by or on behalf of the SIM as a party and in force immediately before that day.\n\n\t5 Superseded references to SIM\n\nA reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to the SIM must be construed as a reference to the Victorian Inspectorate—\n\n(a) so far as the reference relates to any period on or after the commencement day; and\n\n(b) if not inconsistent with the subject matter.\n\n\t6 Transfer of records, information and documents\n\nAll information, documents, reports, records and equipment in the possession or control of the SIM immediately before the commencement day, whether held under the MC (SIM) Act, any other Act or otherwise (including any information, document or other thing obtained in the course of an investigation)—\n\n(a) are transferred to the custody of the Victorian Inspectorate on the commencement day; and\n\n(b) are taken to be information, documents, reports, records and equipment in the possession or control of the Victorian Inspectorate on and from that commencement day.\n\n\t7 Reports to the Victorian Inspectorate\n\nSch. cl. 7(1) amended by No. 82/2012 s. 321(a).\n\n(1) Section 122 of the **Independent Broad-based Anti-corruption Commission Act 2011** applies, on and from the commencement day, in relation to a witness summons issued by the Director under the PIA unless the Director has given a written report on the summons under section 115 of the PIA before that commencement day.\n\nSch. cl. 7(2) amended by No. 82/2012 s. 321(b).\n\n(2) Section 142 of the **Independent Broad-based Anti-corruption Commission Act 2011** applies, on and from the commencement day, in relation to an arrest warrant issued under section 84 of the PIA unless the Director has given a written report on the warrant under section 116 of the PIA before that commencement day.\n\nSch. cl. 7(3) amended by No. 82/2012 s. 321(c).\n\n(3) Section 154 of the **Independent Broad-based Anti-corruption Commission Act 2011** applies, on and from the commencement day, in relation to an arrest warrant issued by the Director under section 79 of the PIA unless the Director has given a written report on the warrant under section 116 of the PIA before that commencement day.\n\nSch. cl. 7(4) amended by No. 70/2013 s. 3(Sch. 1 item 59).\n\n(4) Section 134 of the **Independent Broad-based Anti-corruption Commission Act 2011** applies, on and from the commencement day, in relation to the video recording and any transcript of an examination conducted by the Director under the PIA unless the Director has given a written report on the examination and a copy video recording and any transcript of an examination to the SIM under section 117 of the PIA before that commencement day.\n\n(5) On and from the commencement day, the IBAC must comply with a requirement of the Victorian Inspectorate under section 40 in relation to an examination conducted by the Director under the PIA before the commencement day as if that examination were an examination of a person by the IBAC unless the Director, before that commencement day, has given a written report on the examination and a copy video recording and any transcript of an examination to the SIM under section 117 of the PIA.\n\n\t8 Complaints to the Victorian Inspectorate—PIA\n\n(1) If before the commencement day the SIM had—\n\n(a) received a complaint under section 118 of the PIA but not commenced an investigation into the complaint; or\n\n(b) commenced but not completed an investigation into a complaint made to the SIM under section 118 of the PIA—\n\nthe Victorian Inspectorate may investigate or complete the investigation of that complaint on and after the commencement day under section 43.\n\n(2) In an investigation referred to in subclause (1), the Victorian Inspectorate is entitled to have regard to any evidence given or document or other thing produced in relation to that investigation before the commencement day.\n\n(3) A person referred to in section 118(1) of the PIA who, immediately before the commencement day, could have made a complaint to the SIM under section 118 of the PIA may instead, on and from the commencement day, make a complaint to the Victorian Inspectorate under section 43.\n\n(4) A complaint referred to in subclause (1) or (3)—\n\n(a) must be limited to a complaint about the matter set out in section 118(2) of the PIA as in force immediately before its repeal; and\n\n(b) must be made within 90 days after the day on which the person was excused from attendance under the PIA.\n\n(5) For the purposes of this clause—\n\n(a) section 47 (except subsection (1)(a)) applies as if—\n\n(i) a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause; and\n\n(ii) a reference to IBAC's operations or the conduct of IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;\n\n(b) section 48(1) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel under Part 6 were a reference to an investigation under this clause;\n\n(c) Division 2 of Part 6 applies as if a reference to an inquiry in relation to the IBAC or IBAC personnel were a reference to an inquiry for the purposes of an investigation under this clause;\n\n(d) Divisions 3 and 4 of Part 6 apply;\n\n(e) section 78 applies as if a reference to the conduct of the IBAC or IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;\n\n(f) section 79(3) applies as if a reference to conduct of any IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;\n\n(g) sections 87 and 88 apply;\n\n(h) section 89(1) (except paragraph (b)) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause;\n\n(i) section 90 applies.\n\n\t9 Complaints and investigations about administrative action taken in the OPI\n\n(1) This clause applies to any administrative action taken in the OPI before the commencement day that could have been the subject of a complaint to the Ombudsman, or an investigation on the Ombudsman's own motion, under the **Ombudsman Act 1973** before that day, whether or not such a complaint or investigation had been made or conducted.\n\n(2) A person may make a complaint to the Victorian Inspectorate about any administrative action to which this clause applies.\n\n(3) The Victorian Inspectorate may investigate a complaint made under subclause (2).\n\n(4) If the Victorian Inspectorate decides to investigate a complaint made under subclause (2), the Victorian Inspectorate must notify the IBAC in writing unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.\n\n(5) The Victorian Inspectorate may on its own motion in the course of performing its functions investigate any administrative action to which this clause applies.\n\n(6) For the purposes of this clause—\n\n(a) section 47 (except subsection (1)(a)) applies as if—\n\n(i) a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause; and\n\n(ii) a reference to IBAC's operations or the conduct of IBAC personnel were a reference to the administrative action which is the subject of the investigation;\n\n(b) section 48(1) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel under Part 6 were a reference to an investigation under this clause;\n\n(c) Division 2 of Part 6 applies as if a reference to an inquiry in relation to the IBAC or IBAC personnel were a reference to an inquiry for the purposes of an investigation under this clause;\n\n(d) Divisions 3 and 4 of Part 6 apply;\n\n(e) section 78 applies as if a reference to the conduct of the IBAC or IBAC personnel were a reference to the administrative action which is the subject of the investigation;\n\n(f) section 79(3) applies as if a reference to conduct of any IBAC personnel were a reference to the administrative action which is the subject of the investigation;\n\n(g) sections 87 and 88 apply;\n\n(h) section 89(1) (except paragraph (b)) applies as if a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause;\n\n(i) section 90 applies.\n\n\t10 Other powers of the Victorian Inspectorate\n\nA written notice given by the SIM under section 124 of the PIA before the commencement day that was in force immediately before that commencement day is taken, on and from that commencement day, to be a requirement made by the Victorian Inspectorate under section 47.\n\n\t11 Annual report\n\n(1) For the purposes of the first annual report of the Victorian Inspectorate under Part 7 of the **Financial Management Act 1994**, a reference in section 91(1)(b) to activities in relation to the performance of the Victorian Inspectorate's duties and functions includes a reference to activities in relation to the performance of the SIM's duties and functions under the PIA during the financial year to which that report relates.\n\n(2) If, before the commencement day, the SIM had not prepared any report required by section 126(1) of the PIA for the financial year ending before the commencement day, the Victorian Inspectorate must prepare that report.\n\n(3) If, before the commencement day, the SIM had prepared any report required by section 126(1) of the PIA for the financial year ending before the commencement day but that report has not been presented to each House of the Parliament under section 126 of the PIA, the Victorian Inspectorate must present that report to each House of the Parliament in accordance with the applicable requirements of section 126 of the PIA as in force immediately before its repeal.\n\n(4) For the purposes of subclause (2) or (3)—\n\n(a) if the report relates to a whole financial year completed before the repeal of the PIA, the Victorian Inspectorate may prepare a report referred to in those subclauses as a separate report and present the report to each House of the Parliament in accordance with section 126 of the PIA as in force immediately before its repeal; or\n\n(b) if the report relates to a partial financial year completed before the repeal of the PIA, the Victorian Inspectorate may prepare a report referred to in those subclauses as part of its own annual report under section 91.\n\n ═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 27 October 2011*\n\n *Legislative Council: 10 November 2011*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to establish the Victorian Inspectorate to provide oversight of the Independent Broad-based Anti-corruption Commission, to amend certain Acts and for other purposes.\"\n\nThe **Victorian Inspectorate Act 2011** was assented to on 29 November 2011 and came into operation on 1 July 2012: section 2(2).\n\nThe title of this Act was changed from the **Victorian Inspectorate Act 2011** to the **Integrity Oversight Victoria Act 2011** by section  112 of the **Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024,** No.31/2024.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Integrity Oversight Victoria Act 2011** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Integrity Oversight Victoria Act 2011, No. 70/2011**\n\n| *Assent Date:* | 29.11.11 |\n| *Commencement Date:* | S. 105(4) on 10.2.15: s. 105(4); s. 107(4) inserted on 26.4.21 by No. 11/2021 s. 182: s. 2(2) |\n| *Note:* | S. 107(4) repealed s. 107 on 26.4.23 |\n| *Current State:* | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Victorian Inspectorate Amendment Act 2012, No. 19/2012**\n\n| *Assent Date:* | 24.4.12 |\n| *Commencement Date:* | Ss 3–21 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Independent Broad-based Anti-corruption Commission Amendment (Examinations) Act 2012, No. 28/2012**\n\n| *Assent Date:* | 29.5.12 |\n| *Commencement Date:* | Ss 32–34 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Evidence Amendment (Journalist Privilege) Act 2012, No. 52/2012**\n\n| *Assent Date:* | 18.9.12 |\n| *Commencement Date:* | Ss 25, 26 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 3 |\n| *Current State:* | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012** (as amended by No. 70/2013)\n\n| *Assent Date:* | 18.12.12 |\n| *Commencement Date:* | S. 152 on 19.12.12: s. 2(1); ss 26–62, 197–220, 261–282 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; ss 301, 302, 320, 321 on 11.2.13: s. 2(5) |\n| *Current State:* | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Protected Disclosure Act 2012, No. 85/2012**\n\n| *Assent Date:* | 18.12.12 |\n| *Commencement Date:* | Ss 106–123 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Integrity Legislation Amendment Act 2013, No. 28/2013**\n\n| *Assent Date:* | 15.5.13 |\n| *Commencement Date:* | S. 4 on 15.5.13: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| *Assent Date:* | 19.11.13 |\n| *Commencement Date:* | S. 3(Sch. 1 item 59) on 11.2.13: s. 2(2)(g) |\n| *Current State:* | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| *Assent Date:* | 25.3.14 |\n| *Commencement Date:* | S. 160(Sch. 2 item 106) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| *Commencement Date:* | S. 10(Sch. item 179) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Freedom of Information and Victorian Inspectorate Acts Amendment Act 2014, No. 59/2014**\n\n| Assent Date: | 2.9.14 |\n| Commencement Date: | Ss 25–27, 29–31 on 3.9.14: s. 2(1); s. 28 on 7.10.14: Special Gazette (No. 350) 7.10.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Inquiries Act 2014, No. 67/2014**\n\n| Assent Date: | 23.9.14 |\n| Commencement Date: | S. 147(Sch. 2 item 44) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Justice Legislation Amendment Act 2015, No. 20/2015**\n\n| Assent Date: | 16.6.15 |\n| Commencement Date: | S. 56(Sch. 1 item 15) on 17.6.15: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Statute Law Revision Act 2015, No. 21/2015**\n\n| Assent Date: | 16.6.15 |\n| Commencement Date: | S. 3(Sch. 1 item 65) on 1.8.15: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Judicial Commission of Victoria Act 2016, No. 16/2016**\n\n| Assent Date: | 19.4.16 |\n| Commencement Date: | Ss 177–185 on 1.7.17: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016**\n\n| *Assent Date:* | 31.5.16 |\n| *Commencement Date:* | Ss 75–77 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Witness Protection Amendment Act 2016, No. 34/2016**\n\n| Assent Date: | 15.6.16 |\n| Commencement Date: | Ss 35–39 on 1.7.17: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017**\n\n| Assent Date: | 16.5.17 |\n| Commencement Date: | Ss 107–127 on 1.9.17: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| *Assent Date:* | 27.2.18 |\n| *Commencement Date:* | S. 68(Sch. 2 item 135) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019**\n\n| Assent Date: | 5.3.19 |\n| Commencement Date: | Ss 197, 202–208 on 6.3.19: s. 2(1); ss 58–71, 72(Sch. 1 Pt B) on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1; ss 131–141 on 1.1.20: s. 2(3); ss 182–187 on 1.7.20: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Audit Amendment Act 2019, No. 12/2019**\n\n| Assent Date: | 4.6.19 |\n| Commencement Date: | Ss 10–18 on 1.7.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Guardianship and Administration Act 2019, No. 13/2019**\n\n| Assent Date: | 4.6.19 |\n| Commencement Date: | S. 221(Sch. 1 item 60) on 1.3.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019**\n\n| Assent Date: | 25.6.19 |\n| Commencement Date: | S. 274(1) on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1; s. 274(2) on 1.7.20: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Wage Theft Act 2020, No. 21/2020**\n\n| Assent Date: | 23.6.20 |\n| Commencement Date: | Ss 84–98 on 1.7.21: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021**\n\n| Assent Date: | 23.3.21 |\n| Commencement Date: | Ss 171–182 on 26.4.21: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Special Investigator Act 2021, No. 50/2021**\n\n| Assent Date: | 30.11.21 |\n| Commencement Date: | Ss 103–127 on 1.12.21: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Mental Health and Wellbeing Act 2022, No. 39/2022**\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | S. 881 on 1.9.23: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Disability and Social Services Regulation Amendment Act 2023, No. 9/2023**\n\n| Assent Date: | 23.5.23 |\n| Commencement Date: | S. 252 on 24.5.23: s. 2(1); s. 263 on 1.7.24: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Special Investigator Repeal Act 2023, No. 31/2023**\n\n| Assent Date: | 8.11.23 |\n| Commencement Date: | Ss 18–42 on 2.2.24: Special Gazette (No. 687) 19.12.23 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024**\n\n| Assent Date: | 20.8.24 |\n| Commencement Date: | Ss 162–187 on 31.12.24: s. 2(2); s. 188(Sch. 3 item 1) on 13.5.25: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**\n\n| Assent Date: | 10.9.24 |\n| Commencement Date: | Ss 97–110 on 11.9.24: s. 2(1); s. 36 on 1.11.24: Special Gazette (No. 579) 29.10.24 p. 1; ss 112, 113(Sch. 1 item 1), 114 on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n**Wage Theft Amendment Act 2025, No. 35/2025**\n\n| Assent Date: | 2.9.25 |\n| Commencement Date: | Ss 91–106 on 12.12.25: Special Gazette (No. 689) 9.12.25 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Integrity Oversight Victoria Act 2011** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. The provisions of this Act have been renumbered and relettered according to sections 301 and 302 of the **Integrity and Accountability Legislation Amendment Act 2012**, No. 82/2012 (*repealed*).\n\n  S. 301 read as follows:\n\n","sortOrder":161},{"sectionNumber":"301","sectionType":"section","heading":"Renumbering of sections of the Victorian Inspectorate Act 2011","content":"  301 Renumbering of sections of the Victorian Inspectorate Act 2011\n\n  The sections of the **Victorian Inspectorate Act 2011** set out in column 1 of the Table to this section are renumbered as set out opposite those sections in column 2 of the Table.\n\n  **Table**\n\n    | 1 | 1 |\n    | 2 | 2 |\n    | 3 | 3 |\n    | 3A | 4 |\n    | 4 | 5 |\n    | 5 | 6 |\n    | 5A | 7 |\n    | 6 | 8 |\n    | 7 | 9 |\n    | 8 | 10 |\n    | 9 | 11 |\n    | 10 | 12 |\n    | 10A | 13 |\n    | 10B | 14 |\n    | 11 | 15 |\n    | 12 | 16 |\n    | 13 | 17 |\n    |  |  |\n    | 14 | 18 |\n    | 15 | 19 |\n    | 16 | 20 |\n    | 17 | 21 |\n    | 18 | 22 |\n    | 19 | 23 |\n    | 20 | 24 |\n    | 21 | 25 |\n    | 22 | 26 |\n    | 23 | 27 |\n    | 24 | 28 |\n    | 25 | 29 |\n    | 26 | 30 |\n    | 27 | 31 |\n    | 28 | 32 |\n    | 28A | 33 |\n    | 28B | 34 |\n    | 28BA | 35 |\n    | 28C | 36 |\n    | 28D | 37 |\n    | 28E | 38 |\n    | 28F | 39 |\n    | 28G | 40 |\n    | 28H | 41 |\n    | 28I | 42 |\n    | 29 | 43 |\n    | 30 | 44 |\n    | 30A | 45 |\n    | 31 | 46 |\n    | 32 | 47 |\n    | 33 | 48 |\n    | 33A | 49 |\n    | 33B | 50 |\n    | 33C | 51 |\n    | 33D | 52 |\n    | 33E | 53 |\n    | 33F | 54 |\n    | 33G | 55 |\n    | 33H | 56 |\n    | 33I | 57 |\n    | 33J | 58 |\n    | 33K | 59 |\n    | 33L | 60 |\n    | 33LA | 61 |\n    | 33M | 62 |\n    | 33N | 63 |\n    | 33O | 64 |\n    | 33P | 65 |\n    | 33Q | 66 |\n    | 33R | 67 |\n    | 33S | 68 |\n    | 33SA<br>**Note**<br>This section inserted by the **Evidence Amendment (Journalist Privilege) Act 2012** | 69 |\n    | 33T | 70 |\n    | 33U | 71 |\n    | 33V | 72 |\n    | 33W | 73 |\n    | 33X | 74 |\n    | 33Y | 75 |\n    | 33Z | 76 |\n    | 33ZA | 77 |\n    | 34 | 78 |\n    | 35 | 79 |\n    | 35A | 80 |\n    | 35B | 81 |\n    | 35C | 82 |\n    | 35D | 83 |\n    | 35E | 84 |\n    | 35F | 85 |\n    | 35G | 86 |\n    | 36 | 87 |\n    | 36A | 88 |\n    | 37 | 89 |\n    | 37A | 90 |\n    | 38 | 91 |\n    | 38A | 92 |\n    | 39 | 93 |\n    | 39A | 94 |\n    | 39B | 95 |\n    | 39C | 96 |\n    | 39D | 97 |\n    | 39E | 98 |\n    | 39F | 99 |\n    | 39G | 100 |\n    | 39H | 101 |\n    | 40 | 102 |\n    | 41 | 103 |\n    | 42 | 104 |\n    | 42A | 105 |\n    | 42B | 106 |\n\n  S. 302 read as follows:\n\n","sortOrder":162},{"sectionNumber":"302","sectionType":"section","heading":"Renumbering of other provisions of the Victorian Inspectorate Act 2011","content":"  302 Renumbering of other provisions of the Victorian Inspectorate Act 2011\n\n  (1) The Parts of the **Victorian Inspectorate Act 2011** are renumbered so that they bear consecutive Arabic numerals starting with \"1\".\n\n  (2) The Divisions of each Part of the **Victorian Inspectorate Act 2011** are renumbered so that they bear consecutive Arabic numerals starting with \"1\".\n\n  (3) The subsections of each section of the **Victorian Inspectorate Act 2011** are renumbered so that they bear consecutive Arabic numerals enclosed in parentheses starting with \"(1)\".\n\n  (4) The paragraphs of each section or subsection, or of each definition, of the **Victorian Inspectorate Act 2011** are relettered so that they bear lower‑case letters in alphabetical order enclosed in parentheses starting with \"(a)\".\n\n  (5) The subparagraphs of each paragraph of each section or subsection, or of each paragraph of each definition, of the **Victorian Inspectorate Act 2011** are renumbered so that they bear consecutive lower-case Roman numerals enclosed in parentheses starting with \"(i)\".\n\n  (6) The sub-subparagraphs of each subparagraph of each paragraph of each section or subsection,  \nor of each subparagraph of each paragraph of each definition, of the **Victorian Inspectorate Act 2011** are relettered so that they bear upper‑case letters in alphabetical order in parentheses starting with \"(A)\".\n\n  (7) Each provision of the **Victorian Inspectorate Act 2011** that refers to a provision that has been renumbered or relettered under section 301 or this section is amended by omitting the reference and substituting a reference to the last-mentioned provision as renumbered or relettered.\n\n  (8) In this section, ***provision*** includes paragraph, subparagraph and sub-subparagraph. [↑](#endnote-ref-2)\n\n2. S. 5(f): The amendment proposed by section 108(a) of the **Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017**, No. 20/2017 (*repealed*) is not included in this publication as \"Examiners.\" does not appear in section 5(f).\n\n  Section 108(a) read as follows:\n\n  108 Objects of Act\n\n  In section 5 of the **Victorian Inspectorate Act 2011**—\n\n  (a) in paragraph (f), for \"Examiners.\" **substitute** \"Examiners;\". [↑](#endnote-ref-3)\n\n3. S. 86(1): The amendment proposed by section 123 of the **Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017**, No. 20/2017 (*repealed*) is not included in this publication because the words \"or 85\" do not appear in section 86(1).\n\n  Section 123 read as follows:\n\n","sortOrder":163},{"sectionNumber":"123","sectionType":"section","heading":"Recommendations must not include information likely to identify person who makes an assessable disclosure","content":"  123 Recommendations must not include information likely to identify person who makes an assessable disclosure\n\n  In section 86(1) of the **Victorian Inspectorate Act 2011**,  for \"or 85\" **substitute** \", 85, 85A or 85B(1)\". [↑](#endnote-ref-4)\n\n4. S. 102(2) def. of ***relevant person or body***: The amendment proposed by section 127(a) of the **Freedom of Information Amendment (Office  \nof the Victorian Information Commissioner) Act 2017**, No. 20/2017 (*repealed*) is not included in this publication as \"Examiner.\" does not appear in section 102(2).\n\n  Section 127(a) read as follows:\n\n","sortOrder":164},{"sectionNumber":"127","sectionType":"section","heading":"Exemption from Freedom of Information Act 1982","content":"  127 Exemption from Freedom of Information Act 1982\n\n  In section 102(2) of the **Victorian Inspectorate Act 2011**, in the definition of ***relevant person or body***—\n\n  (a) in paragraph (m), for \"Examiner.\" **substitute** \"Examiner;\". [↑](#endnote-ref-5)\n\n5. Pt 5 Div. 2 (*repealed*): The proposed repeal of section 48 by section 123 of the **Protected Disclosure Act 2012**, No. 85/2012 is not included in this publication due to the earlier repeal of section 48 by section 152(3) of the **Integrity and Accountability Legislation Amendment Act 2012**, No. 82/2012 (*repealed*). [↑](#endnote-ref-6)","sortOrder":165}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":853},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2011 scope. Originally focused primarily on overseeing the newly-created IBAC, it has grown to cover: the Auditor-General and VAGO officers (2012), Ombudsman officers (2012), Chief Examiner and Examiners (2012), Public Interest Monitors (2012), Judicial Commission (2016), Office of the Victorian Information Commissioner (2017), Parliamentary Workplace Standards and Integrity Commission (2024), and briefly the Special Investigator and Wage Inspectorate (2021-2023, now repealed). The 2024 name change from 'Victorian Inspectorate' to 'Integrity Oversight Victoria' reflects this broadened remit beyond mere 'inspection' to comprehensive 'oversight'."},"complexity_factors":["Extensive cross-referencing with at least 15 other Acts including IBAC Act, Ombudsman Act, Audit Act, and Public Interest Disclosures Act","47+ defined terms in section 3 with nested definitions (e.g., 'coercive power' has 6 sub-definitions with multiple limbs)","Multiple overlapping confidentiality regimes: general secrecy (s.33), special provisions for Public Interest Monitor functions (s.34), Chief Examiner functions (s.35), and detailed confidentiality notice system (ss.38-39)","Complex appointment and removal process for Chief Integrity Inspector involving Governor in Council, Minister, and parliamentary committee with veto power (ss.18-23)","Detailed procedural rules for examinations including witness summonses, legal representation restrictions, audio-visual link provisions, and age-based protections (ss.51-67A)","Nested exceptions throughout: e.g., s.39 has 6 subsections with multiple exceptions to the general prohibition on disclosing restricted matters","Transitional provisions in Schedule dealing with predecessor bodies (SIM, OPI) and multiple rounds of renumbering","Performance audit mechanism with independent auditor appointed by Parliament (ss.90D-90E)","Specific powers of entry and seizure for different bodies with different thresholds (ss.63, 63(2), 63(4), 63(6), 63(6B), 63(8), 63(10))","Recent name change amendments (2024) creating complex saving and transitional provisions in Division 2 of Part 8"],"plain_english_summary":"This Act establishes **Integrity Oversight Victoria** (formerly the Victorian Inspectorate), an independent body that watches over other integrity and accountability bodies in Victoria. Think of it as a \"watchdog of watchdogs.\"\n\n**What it does:**\n- **Monitors the IBAC** (Independent Broad-based Anti-corruption Commission) — Victoria's main anti-corruption body — checking it follows the law and uses its powers properly\n- **Oversees other integrity bodies** including the Auditor-General, Ombudsman, Chief Examiner (who investigates major crimes), the Information Commissioner (handles freedom of information and privacy), the Judicial Commission (oversees judges), and the Parliamentary Workplace Standards and Integrity Commission (handles workplace issues in Parliament)\n- **Monitors Public Interest Monitors** — independent officers who approve surveillance and interception warrants\n- **Investigates complaints** about misconduct by any of these bodies or their staff\n- **Can hold private inquiries** with powers to summon witnesses, demand documents, and enter premises\n\n**Who it affects:**\n- Anyone working for or dealing with Victoria's integrity bodies\n- People making complaints about these bodies\n- Witnesses called to give evidence at inquiries\n\n**Why it matters:**\nThe Act ensures powerful oversight bodies themselves are held accountable. It creates a system of checks and balances — if the IBAC or Ombudsman oversteps or misuses power, Integrity Oversight Victoria can investigate and recommend action. This protects public trust in Victoria's integrity system.\n\n**Key protections:**\n- The Chief Integrity Inspector is an independent officer of Parliament, not controlled by government\n- Strict confidentiality rules protect whistleblowers and sensitive information\n- Witnesses have legal protections and can be represented by lawyers"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act was originally titled the 'Victorian Inspectorate Act 2011', indicating the body and its mandate have been renamed and potentially expanded or restructured over time. The renaming to 'Integrity Oversight Victoria' suggests a broadening of the body's identity and possibly its functions, reflecting an evolution in how Victoria conceptualises independent oversight of its integrity agencies."},"complexity_factors":["Governs a specialised oversight body with a niche role (overseeing other oversight bodies), requiring familiarity with multiple intersecting Victorian integrity frameworks","Interactions with related legislation (e.g., IBAC Act, Ombudsman Act, Public Interest Disclosures Act) create interpretive complexity","The Act has been renamed (formerly Victorian Inspectorate Act 2011), which can cause confusion when cross-referencing older legal materials","Multiple consolidated versions exist, meaning readers must ensure they are working from the correct version for any given time period","Institutional roles and appointment provisions involve detailed procedural requirements","Limited publicly available analysis provided in the excerpt, making full assessment of technical provisions difficult"],"plain_english_summary":"Integrity Oversight Victoria Act 2011 creates an independent watchdog that monitors and reviews Victoria’s integrity agencies, ensuring those who investigate corruption and misconduct are themselves accountable. It affects public officials, government agencies, oversight staff, and members of the public who interact with integrity bodies. The Act preserves public trust by providing independent scrutiny of anti‑corruption institutions."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act began as a statutory inspectorate focused on oversight of the IBAC (see ss 1 and 5). Over time it has been amended repeatedly to expand the scope of oversight and the classes of bodies covered. Notable scope extensions include: inspections and annual monitoring of Public Interest Monitors and their records (s 13); oversight of officers of the Office of the Victorian Information Commissioner (s 11(5); ss 42A, 42C); monitoring coercive powers under the Judicial Commission provisions (s 11(6)); and (most recently) explicit oversight of the Parliamentary Workplace Standards and Integrity Commission and its officers (s 11(4A); ss 83A–83B; ss 42F, 63(6A), 47(3A), 91(1)(la) inserted by the Parliamentary Workplace Standards and Integrity Act 2024). These additions materially broaden IOV’s remit beyond the original IBAC‑centred design, increasing the range of agencies, the types of coercive powers monitored, and the operational interfaces IOV must manage (see cumulative amendments recorded in the Act and Table of Amendments)."},"complexity_factors":["Extensive interpretation section (s 3) with 80+ defined terms and many amendments expanding definitions","Lengthy Act (111 sections plus a detailed Schedule) with numerous Parts and Divisions","Heavy cross‑referencing to many other Acts (IBAC Act, Audit Act 1994, Ombudsman Act 1973, Freedom of Information Act 1982, Public Interest Disclosures Act 2012, Major Crime Acts, Judicial Commission Act, Parliamentary Workplace Standards and Integrity Act 2024, etc.)","Many conditional powers and nested exceptions (e.g. when IOV may enter/search premises only if agency wilfully failed to assist: s 63(2),(4),(6),(8),(10))","Numerous procedural rules for inquiries (witness summons content, service rules, audiovisual attendance, age/mental impairment protections) spread across multiple sections (ss 51–61, 53–56, 67A)","Multiple statutory secrecy and privilege carve‑outs and parallel confidentiality regimes with their own exceptions and criminal penalties (ss 33–39, 68–71, 97AA)","Delegation limits and exceptions (s 27) create multi‑layered decision‑making rules","Significant temporal and judicial control points (Supreme Court may extend confidentiality notices, handle contempt, authorise substituted service)","Frequent amendments over time adding new oversight targets and procedural complexity (many insets, repeals and transitional provisions)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes a single oversight body called Integrity Oversight Victoria (IOV) and a single office-holder, the Chief Integrity Inspector (CII), with staff and consultants (ss 8–11, 18–21).  The CII is an independent officer of Parliament with statutory security of tenure and specified appointment/removal processes (ss 17–25).\n\n- Gives IOV broad investigatory and review powers over other integrity, accountability and investigatory bodies and particular officers.  Those powers include receiving complaints and public interest disclosures, conducting investigations and inquiries, issuing witness summonses, requiring attendance or documents (including by secure electronic means or audiovisual link), entering and searching premises and seizing relevant material in limited circumstances, and holding private examinations (Parts 6 and Division 2 of Part 2; ss 43–67, 47, 50–53, 63).  IOV may hold inquiries in private and is not bound by the rules of evidence (s 50).\n\n- Overrides certain secrecy and privilege claims for the classes of officers it oversees: where those persons are subject to IOV processes, statutory secrecy and many common‑law privileges are abrogated or limited so that IOV can compel evidence (Division 3, Part 6; ss 68–71).  The privilege against self‑incrimination is abrogated for compelled answers, with limited use‑immunity for most purposes (s 70).\n\n- Creates and controls confidentiality regimes.  IOV can issue confidentiality notices that prohibit disclosure of specified “restricted matters” for up to 5 years (extendible by the Supreme Court) and prescribes criminal penalties for unlawful disclosure (ss 38–39).\n\n- Requires regular reporting and a range of specific reports from the agencies it oversees (for example, on coercive questioning and witness summonses), must prepare an annual plan and annual report, and may transmit special reports to Parliament with procedural fairness steps before adverse findings (Parts 3–7; ss 40–42A, 87–91, 90B).\n\n- May make recommendations to the agencies it oversees (IBAC, Auditor‑General/VAGO, Ombudsman, Chief Examiner, Information Commissioner, Parliamentary Workplace Standards and Integrity Commission, Judicial Commission, Public Interest Monitors and others) and may require those agencies to report back on whether recommendations were or will be acted on (ss 78–86, 85A–85E, 83A–83B).\n\n- Gives IOV powers to disclose information to specified law enforcement and review bodies where IOV considers it appropriate, but places express limits to avoid identifying protected whistleblowers or prejudicing other investigations (ss 36–36A, 86, 86A, 88).\n\n- Creates criminal and civil sanctions for misuse of restricted information, obstruction, false statements and impersonation; allows proceedings to be brought by IOV or authorised officers; and provides immunity to IOV Officers for acts done in good faith (ss 33, 37, 92, 93, 94–100, 97, 97AA, 97A, 97B).\n\n- Exempts IOV records and many investigation materials from Freedom of Information (FOI) to the extent they relate to complaints, inspections, investigations, recommendations or reports under the Act (s 102).\n\n**Who is affected**\n\n- Directly: the Independent Broad‑based Anti‑corruption Commission (IBAC) and IBAC personnel; the Auditor‑General and VAGO officers; the Ombudsman and Ombudsman officers; the Chief Examiner and Examiners under the Major Crime Act; officers of the Office of the Victorian Information Commissioner; Public Interest Monitors; and the Parliamentary Workplace Standards and Integrity Commission and its officers (see s 11 and related provisions).  The Act gives IOV supervisory, investigatory and reporting powers over these bodies.\n\n- Indirectly: public sector employees, members of Victoria Police, private legal practitioners who may represent witnesses, persons served with confidentiality notices or witness summonses, and complainants or whistleblowers (multiple Parts and sections such as 3, 38–39, 53–60, 88–89).\n\n- The State/Crown: the Act expressly binds the Crown and displaces some Crown privilege claims in relation to persons within the covered agencies (s 6; s 68).\n\n**Why it matters (purpose claims then concrete trade‑offs)**\n\n- Stated purpose: to create an independent inspectorate to enhance legal compliance, procedural fairness and accountability of integrity and investigatory agencies and to monitor compliance by Public Interest Monitors with specified obligations (s 1; s 5).\n\n- How the Act achieves that: by giving IOV compulsory access to records, power to compel testimony and documents, the ability to inspect Public Interest Monitor records annually, the power to review specific operational decisions (e.g. issuance of witness summonses, confidentiality notices), and a formal reporting channel to Parliament and to the executive (ss 12A, 13, 40A, 41A, 42AA, 87–91).\n\n- Implementation trade‑offs and incentives (mechanism‑focused):\n  - Concentrated oversight leverage: IOV’s ability to compel documents and testimony and to override many secrecy claims creates a strong compliance lever for a relatively small body (ss 47, 53, 63, 68).  That concentrates costs on the inspected agencies (time, staff diversion, compliance processes) while benefits (public assurance and any improvements) are diffuse.\n  - Compliance and administrative burden on the target agencies: statutory requirements to assist IOV and to provide reports, plus repeated inspections, create recurring resourcing needs for IBAC, VAGO, the Ombudsman and others (ss 48, 13(2), 47(2)–(4)).\n  - Limits on disclosure by IOV staff and strict confidentiality rules create compliance obligations and potential criminal exposure for recipients of notices; that reduces public disclosure risk but increases legal risk for recipients and potential chilling effects on whistleblowers unless protections are followed (ss 33–39, 97AA).\n  - Overriding of usual privileges and secrecy (including some Crown and policing secrecy) is tightly targeted (applies to specified officer classes and functions) but raises coordination risks with criminal prosecutions and other investigations — the Act requires IOV to avoid prejudice to criminal proceedings and provides carve‑outs in reporting (ss 70(2), 87(5)–(6), 88(3)).\n  - Procedural fairness constraints: before publishing adverse findings IOV must allow responses and limit what it may say about criminal or other sensitive matters; these steps increase fairness but lengthen timetables and may blunt immediate public disclosures (ss 87(2)–(6), 91(2)–(6)).\n  - Oversight of coercive powers: IOV reviews use of coercive powers (witness summonses, compulsory attendances) by multiple agencies; that creates an independent check but requires IOV to examine highly sensitive material and to manage competing secrecy regimes (ss 40–42A, 41A, 42AA, 42C, 42B).\n\n- Implementation risks and operational controls:\n  - High cross‑reference density to other Acts means IOV’s work depends on interpreting and harmonising multiple statutory secrecy and evidence rules (e.g. IBAC Act, Audit Act, Ombudsman Act, FOI Act, Public Interest Disclosures Act, Major Crime Acts, Judicial Commission Act) (see s 3 definitions and multiple Parts).  That increases legal complexity and room for inter‑agency disputes.\n  - The Act builds in judicial review and Court involvement (e.g. Supreme Court extension of confidentiality notices, substituted service) and specifies Supreme Court to deal with contempt matters — creating judicial control points (ss 38(7)–(8), 57, 76).\n  - The Chief Integrity Inspector’s independence and fixed term plus Parliamentary Committee veto power over appointments are designed to protect independence but create political and procedural checks in appointment/removal processes (ss 17–19, 23).\n\n**Key procedural safeguards written into the Act**\n\n- IOV must not identify assessable disclosure makers or include certain sensitive content in recommendations or reports (ss 86, 86A, 87(7)–(11)).\n- Where IOV proposes adverse material in reports or the annual report, it must give the relevant bodies and affected persons an opportunity to respond and include those responses (ss 87(2)–(4), 91(2)–(4)).\n- Compelled answers that may incriminate are accompanied by limited use‑immunity for most proceedings (s 70).\n\n**Practical effect — who pays and who decides**\n\n- Who pays: the operational cost of complying with investigations, producing reports and providing assistance is borne by the inspected agencies (IBAC, VAGO, Ombudsman, Office of the Victorian Information Commissioner, Parliamentary Workplace Standards and Integrity Commission, Chief Examiner) and ultimately by public budgets; legal costs and staff time increase for those agencies and potentially for the State where the State is responsible (s 48; s 6; s 93(2)).\n\n- Who decides and what changes behaviour: the Chief Integrity Inspector (and delegated staff) decides what to investigate, what confidentiality notices to issue, and whether to inspect or seize material (ss 20, 27, 38, 63).  Those powers create incentives for the inspected agencies to tighten internal compliance and record‑keeping, to ensure lawful use of coercive powers, and to adjust operational practices to avoid adverse findings or public recommendations.\n\n(For the Act’s precise powers and procedural requirements, see the cited sections: purpose and objects (ss 1, 5); functions and powers (ss 11–13, 12A, 36A); investigations and inquiries (Part 6, ss 43–77); confidentiality and disclosure (ss 33–39); recommendations and reporting (Part 7, ss 78–91); enforcement and offences (ss 93–101, 97, 97AA).)"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/integrity-oversight-victoria-act-2011","history":"/api/acts/integrity-oversight-victoria-act-2011/history","analysis":"/api/acts/integrity-oversight-victoria-act-2011/analysis","conflicts":"/api/acts/integrity-oversight-victoria-act-2011/conflicts","importantCases":"/api/acts/integrity-oversight-victoria-act-2011/important-cases","documents":"/api/acts/integrity-oversight-victoria-act-2011/documents"}}