{"id":"public-interest-disclosures-act-2012","name":"Public Interest Disclosures Act 2012","slug":"public-interest-disclosures-act-2012","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178333,"registerId":"vic-public-interest-disclosures-act-2012-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Persons permitted to receive public interest disclosure on behalf of entity 131","content":"Schedule 2—Persons permitted to receive public interest disclosure on behalf of entity 131\n\n═══════════════\n\nEndnotes 133\n\n1 General information 133\n\n2 Table of Amendments 135\n\n3 Explanatory details 138\n\n**Version No.** **030**\n\n**Public Interest Disclosures Act 2012**\n\n**No. 85 of 2012**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts:**\n\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe purposes of this Act are—\n\n(a) to encourage and facilitate disclosures of—\n\n(i) improper conduct by public officers, public bodies and other persons; and\n\n(ii) detrimental action taken in reprisal for a person making a disclosure under this Act; and\n\n(b) to provide protection for—\n\n(i) persons who make those disclosures; and\n\n(ii) persons who may suffer detrimental action in reprisal for those disclosures; and\n\nS. 1(ba) inserted by No. 2/2019 s. 5.\n\n(ba) to ensure that those disclosures are properly assessed and, where necessary, investigated;\n\n(c) to provide for the confidentiality of the content of those disclosures and the identity of persons who make those disclosures.\n\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\nThis Act comes into operation on a day or days to be proclaimed.\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *acting coroner* amended by No. 5/2013 s. 64(1), repealed by No. 63/2013 s. 95(1).\n\nS. 3 def. of *assessable disclosure* substituted by No. 2/2019 s. 6(2), amended by Nos 27/2024 s. 148(b), 31/2024 s. 113(Sch. 1 item 28.1(b)).[[1]](#endnote-1)\n\n***assessable disclosure*** means—\n\n(a) a disclosure that, under section 21(2), must be notified to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee;\n\n(c) a disclosure that, under section 36(2), must be notified to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee;\n\n(d) a disclosure made to the IBAC in accordance with Division 2 of Part 2;\n\n(e) a disclosure made to Integrity Oversight Victoria under section 14(b);\n\n(f) a disclosure made to the Integrity and Oversight Committee under section 14(a);\n\n(g) a police complaint disclosure that, under section 22, must be notified to the IBAC;\n\n(h) a police complaint disclosure made to the IBAC;\n\nS. 3 def. of *Australian legal practitioner* repealed by No. 17/2014 s. 160(Sch. 2 item 77).\n\nS. 3 def. of *Chief Commis-sioner of Police* amended by No. 37/2014 s. 10(Sch. item 134.1(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 def. of *Chief Municipal Inspector* inserted by No. 2/2019 s. 6(1), amended by No. 9/2020 s. 390(Sch. 1 item 84.2).\n\n***Chief Municipal Inspector*** has the same meaning as it has in section 3(1) of the **Local Government Act 2020**;\n\nS. 3 def. of *corrupt conduct* amended by No. 82/2012 s. 315(a)(i).\n\n***corrupt conduct*** has the meaning given by section 4 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3 def. of *Council* amended by No. 9/2020 s. 390(Sch. 1 item 84.1).\n\n***Council*** has the same meaning as it has in section 3(1) of the **Local Government Act 2020**;\n\nS. 3 def. of *Councillor* amended by No. 9/2020 s. 390(Sch. 1 item 84.1).\n\n***Councillor*** has the same meaning as it has in section 3(1) of the **Local Government Act 2020**;\n\n***detrimental action*** includes—\n\n(a) action causing injury, loss or damage;\n\n(b) intimidation or harassment;\n\n(c) discrimination, disadvantage or adverse treatment in relation to a person's employment, career, profession, trade or business, including the taking of disciplinary action;\n\nS. 3 def. of *IBAC* amended by No. 82/2012 s. 315(a)(ii).\n\n***IBAC*** means the Independent Broad-based Anti-corruption Commission established under section 12 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n***IBAC Officer*** has the same meaning as it has in section 3(1) of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n***improper conduct*** has the meaning given by section 4;\n\nS. 3 def. of *Information Commis-sioner* inserted by No. 2/2019 s. 6(1).\n\n***Information Commissioner*** has the same meaning as it has in section 5(1) of the **Freedom of Information Act 1982**;\n\nS. 3 def. of *Integrity and Oversight Committee* inserted by No. 2/2019 s. 6(1).\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 def. of *Integrity Oversight Victoria* inserted by No. 31/2024 s. 113(Sch. 1 item 28.1(a)).\n\n***Integrity Oversight Victoria***  has the same meaning as in the **Integrity Oversight Victoria Act 2011**;\n\nS. 3 def. of *Integrity Oversight Victoria Officer* inserted by No. 31/2024 s. 113(Sch. 1 item 28.1(a)).\n\n***Integrity Oversight Victoria Officer*** has the same meaning as in the **Integrity Oversight Victoria Act 2011**;\n\nS. 3 def. of *investigating entity* amended by Nos 37/2014 s. 10(Sch. item 134.1(c)), 16/2016 s. 167(b), 2/2019 s. 6(3), 50/2021 s. 136(2), 31/2023 s. 50(a), 27/2024 s. 148(c), 31/2024 s. 113(Sch. 1 item 28.1(c)).\n\n***investigating entity*** means—\n\n(a) the IBAC;\n\n(b) Victoria Police;\n\n(c) the Ombudsman;\n\n(d) Integrity Oversight Victoria;\n\n(e) the Judicial Commission and if the Judicial Commission has appointed an investigating panel to investigate a complaint that is, or includes, a public interest complaint, the investigating panel;\n\n(f) the Chief Municipal Inspector;\n\n(g) the Racing Integrity Commissioner;\n\n(h) the Information Commissioner;\n\n(i) the Parliamentary Workplace Standards and Integrity Commission;\n\nS. 3 def. of *investigating panel* inserted by No. 16/2016 s. 167(a).\n\n***investigating panel*** has the same meaning as in Part IIIAA of the **Constitution Act 1975**;\n\nS. 3 def. of *Judicial Commission* inserted by No. 16/2016 s. 167(a).\n\n***Judicial Commission*** has the same meaning as it has in Part IIIAA of the **Constitution Act 1975**;\n\nS. 3 def. of *Judicial Commission officer* inserted by No. 16/2016 s. 167(a).\n\n***Judicial Commission officer*** has the same meaning as in the **Judicial Commission of Victoria Act 2016**;\n\nS. 3 def. of *judicial officer* amended by Nos 5/2013 s. 64(2), 63/2013 s. 95(2).\n\n***judicial officer*** means the following—\n\n(a) a Judge of the Supreme Court;\n\n(b) an Associate Judge of the Supreme Court;\n\n(c) a reserve Judge within the meaning of the **Constitution Act 1975**;\n\n(ca) a reserve Associate Judge within the meaning of the **Supreme Court Act 1986**;\n\n(d) a Judge or a reserve Judge of the Supreme Court who is appointed or assigned to VCAT;\n\n(e) a judge of the County Court;\n\n(f) an associate judge of the County Court;\n\n(g) a reserve judge within the meaning of the **County Court Act 1958**;\n\n(ga) a reserve associate judge within the meaning of the **County Court Act 1958**;\n\n(h) a judge or a reserve judge of the County Court who is appointed or assigned to VCAT;\n\n(i) a magistrate of the Magistrates' Court;\n\n(j) a reserve magistrate within the meaning of the **Magistrates' Court Act 1989**;\n\n(k) a magistrate or a reserve magistrate who is appointed or assigned to the Coroners Court, the Children's Court or VCAT;\n\n(l) a coroner;\n\n(la) a reserve coroner within the meaning of the **Coroners Act 2008**;\n\n(m) a judicial registrar;\n\n***judicial registrar*** means a judicial registrar of the Supreme Court, the County Court, the Magistrates' Court, the Children's Court or the Coroners Court;\n\nS. 3 def. of *member of Victoria Police personnel* inserted by No. 37/2014 s. 10(Sch. item 134.1(a)).\n\n***member of Victoria Police personnel*** has the same meaning as it has in the **Victoria Police Act 2013**;\n\nS. 3 def. of *misdirected disclosure* inserted by No. 2/2019 s. 6(1).\n\n***misdirected disclosure*** has the meaning given in section 18(1);\n\nS. 3 def. of *Office of the Special Investigator* inserted by No. 50/2021 s. 136(1), repealed by No. 31/2023 s. 50(b).\n\n***Ombudsman*** means the person appointed as the Ombudsman under section 3 of the **Ombudsman Act 1973**;\n\n***Ombudsman officer*** has the same meaning as it has in section 2(1) of the **Ombudsman Act 1973**;\n\nS. 3 def. of *OSI officer* inserted by No. 50/2021 s. 136(1), repealed by No. 31/2023 s. 50(b).\n\nS. 3 def. of *Parliamentary Workplace Standards and Integrity Commission* inserted by No. 27/2024 s. 148(a).\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\n***police complaint*** ***disclosure*** has the meaning given by section 5;\n\nS. 3 def. of *police force* repealed by No. 37/2014 s. 10(Sch. item 134.1(d)).\n\nS. 3 def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 134.1(a)).\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(w) of the **Victoria Police Act 2013**) and special constables (see section 193(1) of that Act).\n\nS. 3 def. of *police personnel* repealed by No. 37/2014 s. 10(Sch. item 134.1(d)).\n\n***Presiding Officer*** means—\n\n(a) the Speaker of the Legislative Assembly; or\n\n(b) the President of the Legislative Council;\n\nS. 3 def. of *protected disclosure* amended by No. 37/2014 s. 10(Sch. item 134.1(e)), repealed by No. 2/2019 s. 6(4).\n\nS. 3 def. of *protected disclosure* *complaint* repealed by No. 2/2019 s. 6(4).\n\nS. 3 def. of *protective services officer* inserted by No. 37/2014 s. 10(Sch. item 134.1(a)).\n\n***protective services officer*** has the same meaning as it has in the **Victoria Police Act 2013**;\n\n***public body*** has the meaning given by section 6;\n\nS. 3 def. of *public interest complaint* inserted by No. 2/2019 s. 6(1).\n\n***public interest complaint*** means a disclosure that has been determined under section 26, 31 or 31B to be a public interest complaint;\n\nS. 3 def. of *public interest disclosure* inserted by No. 2/2019 s. 6(1).\n\n***public interest disclosure*** has the meaning given in section 9;\n\n***Public Interest Monitor*** has the same meaning as it has in section 4 of the **Public Interest Monitor Act 2011**;\n\n***public officer*** has the meaning given by section 6;\n\n***public sector*** has the meaning given by section 6;\n\nS. 3 def. of *Racing Integrity Commis-sioner* inserted by No. 2/2019 s. 6(1).\n\n***Racing Integrity Commissioner*** has the same meaning as it has in section 3(1) of the **Racing Act 1958**;\n\n***Special Investigations Monitor*** means the Special Investigations Monitor appointed under section 5 of the **Major Crime (Special Investigations Monitor) Act 2004**;\n\nS. 3 def. of *Special Investigator* inserted by No. 50/2021 s. 136(1), repealed by No. 31/2023 s. 50(b).\n\n***VAGO officer*** has the same meaning as it has in section 3(1) of the **Audit Act 1994**;\n\nS. 3 def. of *Victoria Police* inserted by No. 37/2014 s. 10(Sch. item 134.1(a)).\n\n***Victoria Police*** has the same meaning as it has in the **Victoria Police Act 2013**;\n\nS. 3 def. of *Victoria Police employee* inserted by No. 37/2014 s. 10(Sch. item 134.1(a)), amended by No. 31/2024 s. 113(Sch. 1 item 28.1(d)).\n\n***Victoria Police employee*** has the same meaning as it has in the **Victoria Police Act 2013**.\n\nS. 3 def. of *Victorian Inspectorate* repealed by No. 31/2024 s. 113(Sch. 1 item 28.1(e)).\n\nS. 3 def. of *Victorian Inspectorate Officer* repealed by No. 31/2024 s. 113(Sch. 1 item 28.1(e)).\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of *improper conduct*","content":"\t4 Meaning of *improper conduct*\n\nS. 4(1)  substituted by No. 2/2019 s. 7(1).\n\n(1) For the purposes of this Act, ***improper conduct*** means—\n\n(a) corrupt conduct; or\n\n(b) conduct of a public officer or public body engaged in by the public officer or public body in their capacity as a public officer or a public body that constitutes—\n\n(i) a criminal offence; or\n\n(ii) serious professional misconduct; or\n\n(iii) dishonest performance of public functions; or\n\n(iv) an intentional or reckless breach of public trust; or\n\n(v) an intentional or reckless misuse of information or material acquired in the course of the performance of the functions of the public officer or public body; or\n\n(vi) a substantial mismanagement of public resources; or\n\n(vii) a substantial risk to the health or safety of one or more persons; or\n\n(viii) a substantial risk to the environment; or\n\n(c) conduct of any person that—\n\n(i) adversely affects the honest performance by a public officer or public body of their functions as a public officer or public body; or\n\n(ii) is intended to adversely affect the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body and results in the person, or an associate of the person, obtaining—\n\n(A) a licence, permit, approval, authority or other entitlement under any Act or subordinate instrument; or\n\n(B) an appointment to a statutory office or as a member of the board of any public body under any Act or subordinate instrument; or\n\n(C) a financial benefit or real or personal property; or\n\n(D) any other direct or indirect monetary or proprietary gain—\n\nthat the person or associate would not have otherwise obtained; or\n\n(d) conduct of any person that could constitute a conspiracy or attempt to engage in any of the conduct referred to in paragraph (a), (b) or (c).\n\nS. 4(2) amended by No. 30/2016 s. 84(1)(2),  substituted by No. 2/2019 s. 7(1).\n\n(2) Despite subsection (1), conduct that is trivial does not constitute improper conduct for the purposes of this Act.\n\nS. 4(2A) inserted by No. 30/2016 s. 84(3), amended by No. 2/2019 s. 7(2).\n\n(2A) For the purposes of section 4(1)(c)(ii), the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body may be adversely affected notwithstanding that the public officer or public body does not engage in any corrupt conduct or other misconduct in performing or exercising those functions or powers.\n\nS. 4(2B) inserted by No. 30/2016 s. 84(3), amended by No. 2/2019 s. 7(2).\n\n(2B) For the purposes of section 4(1)(c)(ii), an ***associate*** of a first person is—\n\n(a) a person or entity who has an agreement, arrangement or understanding with the first person or holds any relevant financial interest in any business of the first person;\n\n(b) if the first person is a natural person, a person who is a relative of the first person;\n\n(c) if the first person is a body corporate—\n\n(i) an entity of whom the first person is an associate within the meaning of section 11 of the Corporations Act; or\n\n(ii) an employee or officer of a related body corporate within the meaning of the Corporations Act to the first person.\n\nS. 4(2C) inserted by No. 30/2016 s. 84(3).\n\n(2C) For the purposes of subsection (2B)—\n\n***relative*** means—\n\n(a) the spouse or domestic partner of the first person;\n\n(b) a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the first person;\n\n(c) a step-father, step-mother, legal guardian, step-son, step-daughter, step-brother, step-sister, father‑in‑law, mother-in-law, son‑in-law, daughter-in-law, brother-in-law or sister-in-law of the first person;\n\n(d) a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the spouse or domestic partner of the first person;\n\n(e) a step-father, step-mother, legal guardian, step-son, step-daughter, step-brother, step-sister, father‑in‑law, mother-in-law, son‑in-law, daughter-in-law, brother-in-law or sister-in-law of the spouse or domestic partner of the first person;\n\n***relevant financial interest*** includes any share in the capital of a business of the first person or any entitlement to receive any income or payment from a business of the first person.\n\n(3) This Act does not apply to any conduct of any person that can be considered by the Court of Disputed Returns in proceedings in relation to a petition under Part 8 of the **Electoral Act 2002**.\n\nS. 4(4) inserted by No. 5/2019 s. 83, repealed by No. 27/2024 s. 149.\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of *police complaint disclosure*","content":"\t5 Meaning of *police complaint disclosure*\n\nS. 5(1) amended by No. 37/2014 s. 10(Sch. item 134.2(a)(i)).\n\n(1) For the purposes of this Act, a ***police complaint disclosure*** is a complaint made by a police officer or protective services officer about another police officer or protective services officer to—\n\n(a) the Chief Commissioner of Police; or\n\nS. 5(1)(c) amended by No. 37/2014 s. 10(Sch. item 134.2(a)).\n\n(c) another police officer or protective services officer of more senior rank who is not the Chief Commissioner of Police that is referred by that police officer or protective services officer to the Chief Commissioner under section 168 of the **Victoria Police Act 2013**.\n\n(2) A complaint referred to in subsection (1) is taken to be a disclosure for the purposes of this Act.\n\nS. 5(3) repealed by No. 37/2014 s. 10(Sch. item 134.2(b)).\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Definitions of *public body*, *public officer* and *public sector*","content":"\t6 Definitions of *public body*, *public officer* and *public sector*\n\nFor the purposes of this Act—\n\nS. 6 def. of *public body* amended by Nos 82/2012 s. 315(b), 2/2019 s. 8(a), 31/2024 s. 113(Sch. 1 item 28.2(a)).\n\n***public body*** means—\n\n(a) a ***public body*** within the meaning of section 6 of the **Independent Broad-based Anti-corruption Commission Act 2011**; or\n\n(ba) Integrity Oversight Victoria; or\n\n(c) any other body or entity prescribed for the purposes of this definition;\n\nS. 6 def. of *public officer* amended by Nos 82/2012 s. 315(b), 2/2019 s. 8(b), 31/2024 s. 113(Sch. 1 item 28.2(b)).\n\n***public officer*** means—\n\n(a) a ***public officer*** within the meaning of section 6 of the **Independent Broad-based Anti-corruption Commission Act 2011**; or\n\n(b) an IBAC Officer; or\n\n(ba) an Integrity Oversight Victoria Officer; or\n\n(bb) a Public Interest Monitor; or\n\n(c) any other person prescribed for the purposes of this definition;\n\n***public sector*** means the sector comprising all public bodies and public officers.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Other protections preserved","content":"\t7 Other protections preserved\n\nThis Act does not limit the protection given by any other Act or law to a person who makes a disclosure of any kind.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Act binds the Crown","content":"\t8 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 made under this Act.\n\nPt 2 (Headings and ss 9–20) amended by Nos 37/2014 s. 10(Sch. items 134.3, 134.4), 60/2014 s. 140(Sch. 3 item 37), 67/2014 s. 147(Sch. 2 item 29), 16/2016 ss 168–171, 22/2016 s. 241, 20/2017 s. 134(Sch. 1 item 14), substituted as Pt 2 (Headings and ss 9–20) by No. 2/2019 s. 9.\n\n","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Public interest disclosures","content":"Part 2—Public interest disclosures\n\n","sortOrder":10},{"sectionNumber":"Div 1","sectionType":"division","heading":"General","content":"Division 1—General\n\nS. 9 substituted by No. 2/2019 s. 9.\n\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Public interest disclosure","content":"\t9 Public interest disclosure\n\n(1) Subject to subsection (3) and Division 3, a public interest disclosure is a disclosure by a natural person of—\n\n(a) information that shows or tends to show—\n\n(ii) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or\n\n(b) information that the person reasonably believes shows or tends to show—\n\n(ii) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45.\n\n(2) A public interest disclosure may be about conduct that has occurred before the commencement of this section.\n\n(3) A disclosure regarding the conduct of, or actions taken by, any of the following is not a public interest disclosure—\n\n(a) the Office of the Special Investigations Monitor;\n\n(b) the Special Investigations Monitor;\n\n(c) a court;\n\n(d) an investigating panel;\n\n(e) a member of an investigating panel.\n\nS. 10 substituted by No. 2/2019 s. 9.\n\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Not necessary to identify person or body to whom public interest disclosure relates","content":"\t10 Not necessary to identify person or body to whom public interest disclosure relates\n\nA public interest disclosure may be made even if the person making the disclosure cannot identify the person or the body to whom or to which the disclosure relates.\n\nS. 11 substituted by No. 2/2019 s. 9.\n\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Complaints, notifications and disclosures under other Acts may be public interest disclosures","content":"\t11 Complaints, notifications and disclosures under other Acts may be public interest disclosures\n\nA disclosure may be a public interest disclosure even if it is a complaint, notification or disclosure (however described) made under another Act.\n\n","sortOrder":14},{"sectionNumber":"Div 2","sectionType":"division","heading":"How and to whom a public interest disclosure may be made","content":"Division 2—How and to whom a public interest disclosure may be made\n\nS. 12 substituted by No. 2/2019 s. 9.\n\n","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"How a public interest disclosure may be made","content":"\t12 How a public interest disclosure may be made\n\n(1) A public interest disclosure to an entity must be made in accordance with the procedures established by the entity under section 58.\n\n(2) A public interest disclosure to an entity may be made to a person permitted to receive a disclosure on behalf of the entity (a ***permitted person***).\n\n(3) A public interest disclosure may be made orally or in writing.\n\n(4) A public interest disclosure made to an entity in writing must be addressed to the entity or a permitted person and sent (by post or electronically) or delivered to, or left at, the office of the entity or the permitted person.\n\n(5) For the purposes of this Division, a person specified in column 2 of the Table in Schedule 2 is permitted to receive a public interest disclosure on behalf of the entity specified opposite in column 1 of that Table.\n\nS. 12A inserted by No. 2/2019 s. 9.\n\n","sortOrder":16},{"sectionNumber":"12A","sectionType":"section","heading":"Public interest disclosure may be made anonymously","content":"\t12A Public interest disclosure may be made anonymously\n\n(1) Despite any contrary provision in any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**), a public interest disclosure may be made anonymously.\n\n(2) A provision of this or any other Act requiring an entity to notify, advise or otherwise communicate with a person who has made a public interest disclosure does not apply if the person makes the disclosure anonymously.\n\nS. 13 substituted by No. 2/2019 s. 9.\n\n","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Persons or bodies to which public interest disclosures may be made","content":"\t13 Persons or bodies to which public interest disclosures may be made\n\n(1) Unless required to be made to another entity under section 14 or 17, a public interest disclosure must be made to a person or entity in accordance with this section.\n\n(2) A public interest disclosure may be made to—\n\n(a) the IBAC; or\n\n(b) the Ombudsman; or\n\nS. 13(2)(c) amended by No. 31/2024 s. 113(Sch. 1 item 28.3).\n\n(c) Integrity Oversight Victoria.\n\n(3) A public interest disclosure may be made to a public service body within the meaning of section (4)(1) of the **Public Administration Act 2004** if the disclosure relates to the conduct of the public service body or of a member, officer or employee of the public service body.\n\n(4) Subsection (3) does not apply in relation to a service, program or initiative provided by a prescribed entity.\n\n(5) A public interest disclosure may be made to a public officer prescribed for the purposes of this section if the disclosure relates to an employee of, or any person otherwise engaged by, or acting on behalf of, or acting as a deputy or delegate of that public officer.\n\nS. 14 substituted by No. 2/2019 s. 9.\n\n","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Persons or bodies to which certain public interest disclosures must be made","content":"\t14 Persons or bodies to which certain public interest disclosures must be made\n\nExcept as provided in section 15, a public interest disclosure must be made—\n\n(a) to the Integrity and Oversight Committee or a Presiding Officer, if the disclosure relates to—\n\nS. 14(a)(i) amended by No. 31/2024 s. 113(Sch. 1 item 28.4(a)).\n\n(i) Integrity Oversight Victoria; or\n\nS. 14(a)(ii) amended by No. 31/2024 s. 113(Sch. 1 item 28.4(b)).\n\n(ii) an Integrity Oversight Victoria Officer;\n\nS. 14(b) amended by No. 31/2024 s. 113(Sch. 1 item 28.4(a)).\n\n(b) to Integrity Oversight Victoria, if the disclosure relates to—\n\n(i) the IBAC; or\n\n(ii) an IBAC Officer; or\n\nS. 14(b)(iii) amended by Nos 50/2021 s. 137(1)(a), 31/2023 s. 51(a)(i).\n\n(iii) a Public Interest Monitor;\n\nS. 14(b)(iv)(v) inserted by No. 50/2021 s. 137(1)(b), repealed by No. 31/2023 s. 51(a)(ii).\n\n(c) to the IBAC or the Judicial Commission, if the disclosure relates to—\n\n(i) a judicial officer; or\n\n(ii) a member of VCAT who is not a judicial officer;\n\nS. 14(d) substituted by Nos 50/2021 s. 137(2), 31/2023 s. 51(b).\n\n(d) to the IBAC or to Victoria Police, if the disclosure relates to a member of Victoria Police personnel, other than the Chief Commissioner of Police;\n\nS. 14(da) inserted by No. 50/2021 s. 137(2), repealed by No. 31/2023 s. 51(c).\n\n(e) to the IBAC or the Ombudsman, if the disclosure relates to—\n\nS. 14(e)(i) repealed by No. 31/2024 s. 62(a).\n\n(ii) the Information Commissioner; or\n\n(iii) the Health Complaints Commissioner appointed under the **Health Complaints Act 2016**;\n\nS. 14(ea) inserted by No. 31/2024 s. 62(b).\n\n(ea) to the IBAC, the Ombudsman or the Chief Municipal Inspector, if the disclosure relates to a Councillor;\n\nS. 14(f) amended by No. 31/2024 s. 113(Sch. 1 item 28.4(a)).\n\n(f) to the IBAC or Integrity Oversight Victoria, if the disclosure relates to—\n\n(i) the Chief Examiner or an Examiner appointed under section 21 of the **Major Crime (Investigative Powers) Act 2004**; or\n\n(ii) an Ombudsman officer; or\n\n(iii) a VAGO officer; or\n\nS. 14(f)(iv) amended by No. 27/2024 s. 150(a).\n\n(iv) a Judicial Commission officer, other than a judicial member of the Board of the Judicial Commission; or\n\nS. 14(f)(v) inserted by No. 27/2024 s. 150(b).\n\n(v) the Parliamentary Workplace Standards and Integrity Commission or a commissioner or Commission officer within the meaning of the **Parliamentary Workplace Standards and Integrity Act 2024**;\n\n(g) to the IBAC, if the disclosure relates to—\n\n(i) the Chief Commissioner of Police; or\n\n(ii) the Director of Public Prosecutions appointed under the **Constitution Act 1975**; or\n\n(iii) the Chief Crown Prosecutor appointed under the **Public Prosecutions Act 1994**; or\n\n(iv) the Solicitor-General appointed under the **Attorney-General and Solicitor-General Act 1972**; or\n\n(v) the Governor appointed under the **Constitution Act 1975**; or\n\n(vi) the Lieutenant-Governor or Administrator appointed under the **Constitution Act 1975**; or\n\n(vii) the Director, Police Integrity, appointed under the **Police Integrity Act 2008**; or\n\n(viii) the Electoral Commissioner appointed under the **Electoral Act 2002**; or\n\n(ix) a commissioner within the meaning of the **Inquiries Act 2014**; or\n\n(x) a member of a Board of Inquiry within the meaning of the **Inquiries Act 2014**; or\n\n(xi) a judicial employee employed under Division 3 of Part 6 of the **Public Administration Act 2004**; or\n\n(xii) a Ministerial officer employed under Division 1 of Part 6 of the **Public Administration Act 2004**; or\n\n(xiii) a Parliamentary adviser employed under Division 2 of Part 6 of the **Public Administration Act 2004**; or\n\n(xiv) an electorate officer employed under Part 4 of the **Parliamentary Administration Act 2005**; or\n\n(xv) a Parliamentary officer within the meaning of section 4(1) of the **Parliamentary Administration Act 2005**.\n\nS. 15 substituted by No. 2/2019 s. 9.\n\n","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Disclosures by employees, etc. of public service body or public officer","content":"\t15 Disclosures by employees, etc. of public service body or public officer\n\n(1) A public interest disclosure, including a disclosure that otherwise is required to be made to another entity under section 14 or 17(3), may be made in accordance with this section.\n\n(2) A public interest disclosure may be made to a public service body by a member, officer or employee of the public service body.\n\n(3) A public interest disclosure may be made to a public officer prescribed for the purposes of section 13(5) by a member, officer or employee of the public officer.\n\n(4) A public interest disclosure that relates to a member of Parliament may not be made under this section.\n\nS. 16 (Heading) amended by No. 31/2024 s. 63(1).\n\nS. 16 substituted by No. 2/2019 s. 9.\n\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Public interest disclosures relating to Councils","content":"\t16 Public interest disclosures relating to Councils\n\nS. 16(1) amended by No. 31/2024 s. 63(2).\n\n(1) A public interest disclosure that relates to the conduct of a Council or of a member, officer or employee of a Council may be made to that Council or to the Chief Municipal Inspector.\n\nS. 16(2) amended by No. 31/2024 s. 63(3).\n\n(2) A public interest disclosure may be made to a Council or to the Chief Municipal Inspector by a person who is a member, officer or employee of the Council unless—\n\n(a) the disclosure is required to be made to another entity under section 14 or 17(3); or\n\n(b) the disclosure relates to a member of Parliament.\n\nS. 17 substituted by Nos 2/2019 s. 9, 27/2024 s. 151.\n\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Public interest disclosures relating to members of Parliament, Ministers or Parliamentary Secretaries","content":"\t17 Public interest disclosures relating to members of Parliament, Ministers or Parliamentary Secretaries\n\n(1) A public interest disclosure that relates to a member of the Legislative Assembly (whether in the member's capacity as a member of Parliament, a Minister of the Crown or a Parliamentary Secretary) must be made to—\n\n(a) the Speaker of the Legislative Assembly; or\n\n(b) the Parliamentary Workplace Standards and Integrity Commission; or\n\n(c) the IBAC.\n\n(2) A public interest disclosure that relates to a member of the Legislative Council (whether in the member's capacity as a member of Parliament, a Minister of the Crown or a Parliamentary Secretary) must be made to—\n\n(a) the President of the Legislative Council; or\n\n(b) the Parliamentary Workplace Standards and Integrity Commission; or\n\n(c) the IBAC.\n\n(3) Except as provided in section 15, a public interest disclosure that relates to a Minister of the Crown who is not a member of Parliament must be made to—\n\n(a) the Parliamentary Workplace Standards and Integrity Commission; or\n\n(b) the IBAC.\n\nS. 18 substituted by No. 2/2019 s. 9.\n\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Misdirected disclosures","content":"\t18 Misdirected disclosures\n\n(1) A public interest disclosure made to an entity (the ***receiving entity***) that is not an entity to which the disclosure may or must be made under this Division is a misdirected disclosure if—\n\n(a) the receiving entity is an entity to which a public interest disclosure may be made under this Division; and\n\n(b) the person who made the disclosure honestly believed that the receiving entity was an appropriate entity to which to make the disclosure.\n\nA misdirected disclosure may be notified for assessment under section 21 if the receiving entity considers that the disclosure shows or tends to show either of the matters mentioned in section 21(1)(b)(i) or (ii). Also, the protections under Part 6 apply to a misdirected disclosure. See section 38.\n\nS. 18(2) repealed by No. 27/2024 s. 152.\n\n","sortOrder":23},{"sectionNumber":"Div 3","sectionType":"division","heading":"Disclosures that are not public interest disclosures","content":"Division 3—Disclosures that are not public interest disclosures\n\nS. 19 substituted by No. 2/2019 s. 9.\n\n","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Person making disclosure may state that disclosure is not a public interest disclosure","content":"\t19 Person making disclosure may state that disclosure is not a public interest disclosure\n\n(1) Despite section 9, a disclosure is not a public interest disclosure if the person making the disclosure expressly states in writing that the disclosure is not a public interest disclosure.\n\nNote to s. 19(1) amended by No. 31/2024 s. 113(Sch. 1 item 28.5).\n\nConsequently, the disclosure is not required to be notified to, or assessed by, the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee and the protections under Part 6 do not apply to the disclosure.\n\n(2) A written statement referred to in subsection (1) must be given to the entity to which the disclosure is made no later than 28 days after the disclosure is made.\n\nSubsection (2) does not operate to prevent a receiving entity from notifying a disclosure under Division 1 of Part 3 at any time before the expiry of the 28 day period referred to in that subsection if, at the time of the notification, the person has not made a statement under subsection (1).\n\nS. 20 substituted by No. 2/2019 s. 9.\n\n","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Disclosure made in performance of functions or duties","content":"\t20 Disclosure made in performance of functions or duties\n\n(1) A disclosure is not a public interest disclosure if the disclosure is made by an officer or employee of an investigating entity in the performance of the officer's or the employee's functions or duties under the Act under which the investigating entity is authorised to investigate public interest complaints.\n\n(2) Subsection (1) does not apply if—\n\n(a) at the time the disclosure is made, the person making the disclosure expressly states in writing that the disclosure is a public interest disclosure; and\n\n(b) the disclosure is otherwise made in accordance with Division 2.\n\nPt 3 (Headings and ss 21–31) amended by Nos 37/2014 s. 10(Sch. item 134.5), 16/2016 s. 172, 30/2016 s. 85, substituted as Pt 3 (Headings and ss 21–31B) by No. 2/2019 s. 9.\n\n","sortOrder":26},{"sectionNumber":"Part 3","sectionType":"part","heading":"Notification and assessment of public interest disclosures","content":"Part 3—Notification and assessment of public interest disclosures\n\nDivision 1—Notification\n\nS. 21 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 28.6).\n\nS. 21 substituted by No. 2/2019 s. 9.\n\n","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Notification of disclosure to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee","content":"\t21 Notification of disclosure to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee\n\n(a) a public interest disclosure—\n\n(i) is made in accordance with Division 2 of Part 2 to an entity other than to—\n\n(A) the IBAC; or\n\nS. 21 (1)(a)(i)(B) amended by No. 31/2024 s. 113(Sch. 1 item 28.7(a)).\n\n(B) Integrity Oversight Victoria under section 14(b); or\n\n(C) the Integrity and Oversight Committee under section 14(a); or\n\n(ii) is a misdirected disclosure; and\n\n(b) the entity that received the disclosure (the ***receiving entity***) considers that the disclosure may be a disclosure that—\n\n(i) shows or tends to show—\n\n(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or\n\n(ii) the person who made the disclosure believes on reasonable grounds shows or tends to show—\n\n(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45.\n\nS. 21(2) amended by No. 27/2024 s. 153(a).\n\n(2) The receiving entity must, no later than 28 days after the disclosure is made, notify the disclosure to the appropriate entity for assessment under this Part.\n\nS. 21(3) repealed by No. 27/2024 s. 153(b).\n\nS. 21(4) amended by No. 27/2024 s. 153(c).\n\n(4) For the purposes of subsection (2), the appropriate entity to which a public interest disclosure must be notified is—\n\nS. 21(4)(a) amended by No. 31/2024 s. 113(Sch. 1 item 28.7).\n\n(a) the Integrity and Oversight Committee—if the disclosure relates to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer; or\n\nS. 21(4)(b) amended by No. 31/2024 s. 113(Sch. 1 item 28.7(a)).\n\n(b) Integrity Oversight Victoria—if the disclosure relates to the IBAC, an IBAC Officer or a Public Interest Monitor; or\n\nS. 21(4)(ba) inserted by No. 50/2021 s. 138, repealed by No. 31/2023 s. 52.\n\n(c) the IBAC—if the disclosure relates to any other person or body.\n\nThe protections under Part 6 apply to a public interest disclosure whether or not the disclosure is notified to the appropriate entity under this section.\n\nS. 22 substituted by No. 2/2019 s. 9.\n\n","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Chief Commissioner of Police must notify police complaint disclosure to the IBAC","content":"\t22 Chief Commissioner of Police must notify police complaint disclosure to the IBAC\n\n(a) a police complaint disclosure is made to the Chief Commissioner of Police or referred to the Chief Commissioner under section 168 of the **Victoria Police Act 2013**; and\n\n(b) the Chief Commissioner considers that the disclosure may be a disclosure that—\n\n(i) shows or tends to show—\n\n(A) a police officer or protective services officer has engaged, is engaging or proposes to engage in improper conduct; or\n\n(B) a police officer or protective services officer has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or\n\n(ii) the person who made the disclosure believes on reasonable grounds shows or tends to show—\n\n(A) a police officer or protective services officer has engaged, is engaging or proposes to engage in improper conduct; or\n\n(B) a police officer or protective services officer has taken, is taking or proposes to take detrimental action against a person in contravention of section 45.\n\n(2) The Chief Commissioner of Police must, no later than 28 days after the police complaint disclosure is made or referred to the Chief Commissioner, notify the disclosure to the IBAC for assessment under this Part.\n\nThe protections under Part 6 apply to a police complaint disclosure whether or not the disclosure is notified to the IBAC under this section.\n\nS. 23 substituted by No. 2/2019 s. 9.\n\n","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Provision of other information in respect of notified disclosure","content":"\t23 Provision of other information in respect of notified disclosure\n\nS. 23(1) amended by No. 31/2024 s. 113(Sch. 1 item 28.8).\n\n(1) An entity that has notified a public interest disclosure to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee (the ***notified entity***) under section 21 or 22 may provide to the notified entity any information in respect of the disclosure obtained in the course of determining that the disclosure is a disclosure that must be notified.\n\n(2) Information may be provided to the notified entity under subsection (1) at the time of the notification of the public interest disclosure or at any later time.\n\nS. 24 (Heading) amended by No. 27/2024 s. 154(1).\n\nS. 24 substituted by No. 2/2019 s. 9.\n\n","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Advice to person making disclosure","content":"\t24 Advice to person making disclosure\n\nS. 24(1)(a) amended by No. 27/2024 s. 154(2).\n\n(a) a public interest disclosure referred to in section 21(1)(a) is made to an entity; or\n\n(b) a police complaint disclosure is made or referred to the Chief Commissioner of Police.\n\nS. 24(2) amended by No. 31/2024 s. 113(Sch. 1 item 28.9).\n\n(2) If the disclosure is notified under section 21(2) or 22(2), the entity or the Chief Commissioner (the ***receiving entity***) must advise the person who made the disclosure that the disclosure has been notified to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee (as the case may be) for assessment under this Act.\n\n(3) Subject to subsection (5), if the disclosure is not notified under section 21(2) or 22(2), the receiving entity must advise the person who made the disclosure that—\n\nS. 24(3)(a) substituted by No. 31/2024 s. 64.\n\n(a) the receiving entity considers that—\n\n(i) the disclosure does not show or tend to show—\n\n(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or\n\n(ii) the person who made the disclosure does not believe on reasonable grounds that it shows or tends to show—\n\n(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; and\n\n(b) consequently, the disclosure has not been notified for assessment under this Act; but\n\n(c) the protections under Part 6 apply to the disclosure.\n\n(4) Advice given under subsection (2) or (3) must be—\n\n(b) given no later than 28 days after the disclosure is made to the receiving entity.\n\n(5) A receiving entity is not required to advise the person under subsection (3) unless the person has indicated to the receiving entity, or it otherwise appears to the receiving entity, that the person wishes to receive the protections that apply to a public interest disclosure under this Act.\n\nS. 25 substituted by No. 2/2019 s. 9, repealed by No. 27/2024 s. 155.[[2]](#endnote-2)\n\nDivision 2—Determination of whether disclosure is a public interest complaint\n\nS. 26 substituted by No. 2/2019 s. 9.\n\n","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Assessment of public interest disclosure and determination by the IBAC","content":"\t26 Assessment of public interest disclosure and determination by the IBAC\n\n(1) If—\n\n(a) a public interest disclosure is made to the IBAC in accordance with Division 2 of Part 2; or\n\n(b) a public interest disclosure is notified to the IBAC under section 21; or\n\n(c) a police complaint disclosure is notified to the IBAC under section 22; or\n\n(d) a police complaint disclosure is made to the IBAC—\n\nthe IBAC must assess the disclosure to determine whether or not the disclosure is a public interest complaint.\n\n(2) If a disclosure is made or notified to the IBAC in accordance with any other Act, the IBAC may assess the disclosure to determine whether or not the disclosure is a public interest complaint.\n\n(3) Following an assessment under subsection (1) or (2), the IBAC must—\n\n(a) determine that the disclosure is a public interest complaint if the IBAC considers that—\n\n(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or\n\n(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or\n\nThe protections under Part 6 apply to a public interest disclosure or a police complaint disclosure whether or not the IBAC has determined that the disclosure is a public interest complaint.\n\n(4) A determination under subsection (3) must be made within a reasonable time after the disclosure is made, or notified, to the IBAC.\n\n(5) Despite subsection (3)(a) and subject to subsection (6), the IBAC may determine that a disclosure which has been notified to the IBAC under section 21 or 22 is not a public interest complaint if the IBAC considers that—\n\n(a) it would be more appropriate for the matter which is the subject of the disclosure to be dealt with by the notifying entity or another public body; or\n\n(b) the matter which is the subject of the disclosure has been adequately dealt with—\n\n(i) by the notifying entity or another public body as required by law or by another Act; or\n\n(ii) as required under an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth.\n\n(6) Before determining under subsection (5) that a notified disclosure is not a public interest complaint, the IBAC must—\n\n(a) consult with the notifying entity; and\n\n(b) unless the disclosure was made anonymously, obtain the consent of the person who made the disclosure for the disclosure to be dealt with other than as a public interest complaint.\n\n(7) The IBAC must not exercise any of its powers of investigation under the **Independent Broad-based Anti-corruption Commission Act 2011** when making an assessment under subsection (1) or (2).\n\nS. 26A inserted by No. 2/2019 s. 9.\n\n","sortOrder":32},{"sectionNumber":"26A","sectionType":"section","heading":"Further assessment of disclosure determined not to be public interest complaint","content":"\t26A Further assessment of disclosure determined not to be public interest complaint\n\nIf the IBAC has determined under section 26 that a disclosure is not a public interest complaint, the IBAC may—\n\n(a) assess whether the disclosure is a complaint or notification under the **Independent Broad-based Anti-corruption Commission Act 2011**; and\n\n(b) if so, deal with the disclosure as a complaint or notification under that Act.\n\nS. 27 substituted by No. 2/2019 s. 9.\n\n","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Advice to notifying entity","content":"\t27 Advice to notifying entity\n\n(1) If a disclosure has been notified to the IBAC by an entity under section 21 or 22, the IBAC must advise the entity of the IBAC's determination under section 26.\n\n(2) The advice must be—\n\n(b) given within a reasonable time after the determination is made.\n\nS. 28 substituted by No. 2/2019 s. 9.\n\n","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Disclosure determined to be a public interest complaint—advice to person who made disclosure","content":"\t28 Disclosure determined to be a public interest complaint—advice to person who made disclosure\n\n(1) If the IBAC determines that a disclosure is a public interest complaint, the IBAC must advise the person who made the disclosure that—\n\n(a) the IBAC has determined that the disclosure is a public interest complaint; and\n\n(b) the protections under Part 6 apply to the disclosure.\n\n(2) The advice must be—\n\n(b) given within a reasonable time after the determination is made.\n\n(3) The advice must include a written statement containing the prescribed matters relating to the rights, protections and obligations under this Act of a person who has made a public interest disclosure.\n\nS. 29 substituted by No. 2/2019 s. 9.\n\n","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Disclosure determined not to be a public interest complaint—advice to person who made disclosure","content":"\t29 Disclosure determined not to be a public interest complaint—advice to person who made disclosure\n\n(1) Subject to subsection (3), if the IBAC determines that a disclosure is not a public interest complaint, the IBAC must advise the person who made the disclosure that—\n\n(a) the IBAC has determined that the disclosure is not a public interest complaint; and\n\n(b) as a consequence of that determination—\n\n(i) the disclosure will not be investigated as a public interest complaint; and\n\n(ii) the confidentiality provisions under Part 7 of this Act no longer apply in relation to the disclosure; but\n\n(c) the protections under Part 6 apply to the disclosure.\n\n(2) The advice must—\n\n(a) be in writing; and\n\n(b) state the reasons why the IBAC has determined that the disclosure is not a public interest complaint; and\n\n(c) be given within a reasonable time after the determination is made.\n\n(3) If the disclosure was made by a person to the IBAC, the IBAC is not required to advise the person under subsection (1) unless the person has indicated to the IBAC, or it otherwise appears to the IBAC, that the person wishes to receive the protections that apply to a public interest disclosure under this Act.\n\nS. 30 substituted by No. 2/2019 s. 9.\n\n","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Advice regarding alternative procedures for dealing with disclosure","content":"\t30 Advice regarding alternative procedures for dealing with disclosure\n\nIf the IBAC determines that a disclosure is not a public interest complaint but considers that the matter which is the subject of the disclosure may be able to be dealt with by another entity, the IBAC may advise the person who made the disclosure that—\n\n(a) the matter which is the subject of the disclosure may be able to be dealt with by that entity other than as a public interest complaint; and\n\n(b) if the person wishes to pursue the matter, the person should make a complaint directly to that entity.\n\nS. 31 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 28.11).\n\nS. 31 substituted by No. 2/2019 s. 9.\n\n","sortOrder":37},{"sectionNumber":"31","sectionType":"section","heading":"Assessment of disclosure and determination by Integrity Oversight Victoria","content":"\t31 Assessment of disclosure and determination by Integrity Oversight Victoria\n\nS. 31(1) amended by Nos 50/2021 s. 139, 31/2023 s. 53, 31/2024 s. 113(Sch. 1 item 28.12(b)).\n\n(1) If a public interest disclosure that relates to the IBAC, an IBAC Officer or a Public Interest Monitor—\n\nS. 31(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 28.12(b)).\n\n(a) is made to Integrity Oversight Victoria in accordance with Division 2 of Part 2; or\n\nS. 31(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 28.12(b)).\n\n(b) is notified to Integrity Oversight Victoria under section 21—\n\nIntegrity Oversight Victoria must assess the disclosure to determine whether or not the disclosure is a public interest complaint.\n\nS. 31(2) amended by No. 31/2024 s. 113(Sch. 1 item 28.12(b)).\n\n(2) Following an assessment under subsection (1), Integrity Oversight Victoria must—\n\nS. 31(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 28.12(b)).\n\n(a) determine that the disclosure is a public interest complaint if Integrity Oversight Victoria considers that—\n\n(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or\n\n(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or\n\nNote to s. 31(2) amended by No. 31/2024 s. 113(Sch. 1 item 28.13).\n\nThe protections under Part 6 apply to a public interest disclosure whether or not Integrity Oversight Victoria has determined that the disclosure is a public interest complaint.\n\nS. 31(3) amended by No. 31/2024 s. 113(Sch. 1 item 28.12(b)).\n\n(3) A determination under subsection (2) must be made within a reasonable time after the disclosure is made, or notified, to Integrity Oversight Victoria.\n\nS. 31(4) amended by No. 31/2024 s. 113(Sch. 1 item 28.12 (a)(c)).\n\n(4) Integrity Oversight Victoria must not exercise any of its powers of investigation under the **Integrity Oversight Victoria Act 2011** when making an assessment under subsection (1).\n\nS. 31(5) amended by No. 31/2024 s. 113(Sch. 1 item 28.12(b)).\n\n(5) Sections 27, 28, 29 and 30 apply to a public interest disclosure assessed by Integrity Oversight Victoria under subsection (1) as if a reference to the IBAC were a reference to Integrity Oversight Victoria.\n\nS. 31A inserted by No. 2/2019 s. 9, amended by No. 31/2024 s. 113(Sch. 1 item 28.14(a)).\n\n","sortOrder":38},{"sectionNumber":"31A","sectionType":"section","heading":"Further assessment of disclosure determined not to be public interest complaint","content":"\t31A Further assessment of disclosure determined not to be public interest complaint\n\nIf Integrity Oversight Victoria has determined under section 31 that a disclosure is not a public interest complaint, Integrity Oversight Victoria may—\n\nS. 31A(a) amended by No. 31/2024 s. 113(Sch. 1 item 28.14(b)).\n\n(a) assess whether the disclosure is a complaint under the **Integrity Oversight Victoria Act 2011**; and\n\n(b) if so, deal with the disclosure as a complaint under that Act.\n\nS. 31B inserted by No. 2/2019 s. 9.\n\n","sortOrder":39},{"sectionNumber":"31B","sectionType":"section","heading":"Assessment of disclosure and determination by the Integrity and Oversight Committee","content":"\t31B Assessment of disclosure and determination by the Integrity and Oversight Committee\n\nS. 31B(1) amended by No. 31/2024 s. 113(Sch. 1 item 28.15).\n\n(1) If a public interest disclosure that relates to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer—\n\n(a) is made to the Integrity and Oversight Committee in accordance with Division 2 of Part 2; or\n\n(b) is notified to the Integrity and Oversight Committee under section 21—\n\nthe Integrity and Oversight Committee must assess the disclosure to determine whether or not the disclosure is a public interest complaint.\n\n(2) Following an assessment under subsection (1), the Integrity and Oversight Committee must—\n\n(a) determine that the disclosure is a public interest complaint if the Committee considers that—\n\n(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or\n\n(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or\n\nThe protections under Part 6 apply to a public interest disclosure whether or not the Integrity and Oversight Committee has determined that the disclosure is a public interest complaint.\n\n(3) A determination under subsection (2) must be made within a reasonable time after the disclosure is made, or notified, to the Integrity and Oversight Committee.\n\n(4) The Integrity and Oversight Committee must not exercise any of its powers of investigation under the **Parliamentary Committees Act 2003** when making an assessment under subsection (1).\n\n(5) Sections 27, 28, 29 and 30 apply to a public interest disclosure assessed by the Integrity and Oversight Committee under subsection (1) as if a reference to the IBAC were a reference to the Integrity and Oversight Committee.\n\nPt 4 (Heading) amended by No. 2/2019 s. 10.\n\n","sortOrder":40},{"sectionNumber":"Part 4","sectionType":"part","heading":"Disclosures determined to be public interest complaints","content":"Part 4—Disclosures determined to be public interest complaints\n\nS. 32 (Heading) amended by No. 2/2019 s. 11(1).\n\n","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Disclosure determined by the IBAC to be a public interest complaint","content":"\t32 Disclosure determined by the IBAC to be a public interest complaint\n\nS. 32 amended by No. 2/2019 s. 11(2).\n\nIf the IBAC determines that a disclosure is a public interest complaint, the IBAC must deal with the disclosure in accordance with the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\nNote to s. 32 amended by Nos 82/2012 s. 315(c), 2/2019 s. 11(3).\n\nUnder section 7 of the **Independent Broad-based Anti-corruption Commission Act 2011**, a public interest complaint is taken to be a complaint for the purposes of that Act (other than Divisions 1 and 2 of Part 3).\n\nS. 33 (Heading) amended by Nos 2/2019 s. 12(1), 31/2024 s. 113(Sch. 1 item 28.16).\n\n","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Disclosure determined by Integrity Oversight Victoria to be a public interest complaint","content":"\t33 Disclosure determined by Integrity Oversight Victoria to be a public interest complaint\n\nS. 33 amended by Nos 2/2019 s. 12(2), 31/2024 s. 113(Sch. 1 item 28.17).\n\nIf Integrity Oversight Victoria determines that a disclosure is a public interest complaint, Integrity Oversight Victoria must deal with the disclosure in accordance with the **Integrity Oversight Victoria Act 2011**.\n\nNote to s. 33 amended by Nos 82/2012 s. 315(d), 2/2019 s. 12(3), 31/2024 s. 113(Sch. 1 item 28.18).\n\nUnder section 4 of the **Integrity Oversight Victoria Act 2011**, a public interest complaint is taken to be a complaint for the purposes of that Act.\n\nS. 33A inserted by No. 2/2019 s. 13.\n\n","sortOrder":43},{"sectionNumber":"33A","sectionType":"section","heading":"Disclosure determined by the Integrity and Oversight Committee to be a public interest complaint","content":"\t33A Disclosure determined by the Integrity and Oversight Committee to be a public interest complaint\n\nIf the Integrity and Oversight Committee determines that a disclosure is a public interest complaint, the Committee must engage an independent person to investigate the disclosure in accordance with Part 4A.\n\nPt 4A (Heading and ss 33B–33F) inserted by No. 2/2019 s. 14.\n\n","sortOrder":44},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Engagement of independent person to investigate public interest complaints made or notified to the Integrity and Oversight Committee","content":"Part 4A—Engagement of independent person to investigate public interest complaints made or notified to the Integrity and Oversight Committee\n\nS. 33B (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 28.19).\n\nS. 33B inserted by No. 2/2019 s. 14.\n\n","sortOrder":45},{"sectionNumber":"33B","sectionType":"section","heading":"Public interest complaint relating to the Chief Integrity Inspector","content":"\t33B Public interest complaint relating to the Chief Integrity Inspector\n\nS. 33B(1) amended by No. 31/2024 s. 113(Sch. 1 item 28.20).\n\n(1) If the Integrity and Oversight Committee has determined that a public interest disclosure relating to the Chief Integrity Inspector is a public interest complaint, the Committee must—\n\nS. 33B(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 28.20).\n\n(a) notify the Minister that the Committee has received a public interest disclosure relating to the Chief Integrity Inspector that the Committee has determined to be a public interest complaint; and\n\n(b) request that the Minister recommend one or more independent persons to investigate the public interest complaint; and\n\n(c) provide to the Minister sufficient information about the nature of the disclosure to enable the Minister to make that recommendation.\n\n(2) The information referred to in subsection (1)(c) must not identify the person who made the public interest disclosure.\n\n(3) Within 30 days after receiving a notification under subsection (1), the Minister must recommend to the Integrity and Oversight Committee one or more independent persons who, in the opinion of the Minister, are suitable to investigate the public interest complaint.\n\nS. 33B(4) def. of *Chief Integrity Inspector* inserted by No. 31/2024 s. 113(Sch. 1 item 28.21(a)).\n\nS. 33B(4) def. of *Inspector* repealed by No. 31/2024 s. 113(Sch. 1 item 28.21(b)).\n\nS. 33C inserted by No. 2/2019 s. 14.\n\n","sortOrder":46},{"sectionNumber":"33C","sectionType":"section","heading":"Action by the Integrity and Oversight Committee on receipt of recommendation by the Minister","content":"\t33C Action by the Integrity and Oversight Committee on receipt of recommendation by the Minister\n\n(1) On receipt of the recommendation by the Minister of a person or persons to investigate the public interest complaint, the Integrity and Oversight Committee may—\n\n(a) engage one of the persons recommended by the Minister to investigate the public interest complaint under section 30 of the **Parliamentary Committees Act 2003**; or\n\n(b) decide to accept none of the persons recommended by the Minister.\n\n(2) If the Integrity and Oversight Committee engages a person recommended by the Minister to investigate the public interest complaint, the Committee must notify the Minister in writing of its decision within 30 days after the Minister's recommendation is received by the Committee.\n\n(3) If the Integrity and Oversight Committee decides to accept none of the persons recommended by the Minister, the Committee must request that the Minister recommend to the Committee one or more additional persons to investigate the public interest complaint.\n\n(4) Within 30 days after receiving a request from the Integrity and Oversight Committee under subsection (3), the Minister must recommend one or more additional persons to investigate the public interest complaint.\n\n(5) Subsections (1) to (3) apply in relation to a recommendation made by the Minister under subsection (4).\n\nS. 33D (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 28.22).\n\nS. 33D inserted by No. 2/2019 s. 14.\n\n","sortOrder":47},{"sectionNumber":"33D","sectionType":"section","heading":"Public interest complaint relating to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer","content":"\t33D Public interest complaint relating to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer\n\nS. 33D(1) amended by No. 31/2024 s. 113(Sch. 1 item 28.23).\n\n(1) If the Integrity and Oversight Committee has determined that a public interest disclosure relating to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer is a public interest complaint, the Committee must engage an independent person to investigate the public interest complaint under section 30 of the **Parliamentary Committees Act 2003**.\n\nS. 33D(2) amended by No. 31/2024 s. 113(Sch. 1 item 28.24 (a)(b)).\n\n(2) The Integrity and Oversight Committee must notify the engagement of an independent person to investigate a public interest complaint relating to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer to—\n\n(a) the Minister; and\n\nS. 33D(2)(b) amended by No. 31/2024 s. 113(Sch. 1 item 28.24(c)).\n\n(b) the Chief Integrity Inspector, unless the Committee reasonably believes that notifying the Chief Integrity Inspector could prejudice the investigation.\n\nS. 33D(3) amended by No. 31/2024 s. 113(Sch. 1 item 28.25).\n\n(3) For the purposes of this section, an Integrity Oversight Victoria Officer does not include the Chief Integrity Inspector.\n\nS. 33D(4) def. of *Chief Integrity Inspector* inserted by No. 31/2024 s. 113(Sch. 1 item 28.26(a)).\n\nS. 33D(4) def. of *Inspector* repealed by No. 31/2024 s. 113(Sch. 1 item 28.26(b)).\n\nS. 33E inserted by No. 2/2019 s. 14.\n\n","sortOrder":48},{"sectionNumber":"33E","sectionType":"section","heading":"Integrity and Oversight Committee may decline to engage independent investigator to investigate public interest complaint","content":"\t33E Integrity and Oversight Committee may decline to engage independent investigator to investigate public interest complaint\n\n(1) Despite section 33B(1) and 33D(1), the Integrity and Oversight Committee may decide not to request the Minister to recommend an independent person to investigate a public interest complaint or decide not to engage an independent person to investigate a public interest complaint if the Committee considers—\n\n(a) the subject matter of the public interest complaint has already been investigated or otherwise dealt with by—\n\n(i) an integrity body within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**; or\n\n(ii) any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions; or\n\n(b) the person who made the public interest complaint—\n\n(i) 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(ii) fails to give a satisfactory explanation for the delay in making the disclosure.\n\n(2) If subsection (1) applies, the Integrity and Oversight Committee must, within a reasonable time after receiving the public interest complaint, inform the person who made the public interest disclosure of—\n\n(a) the refusal to investigate the public interest complaint; and\n\n(b) the reason for that refusal.\n\nS. 33F inserted by No. 2/2019 s. 14.\n\n","sortOrder":49},{"sectionNumber":"33F","sectionType":"section","heading":"Further information provided to investigator","content":"\t33F Further information provided to investigator\n\nIf a person engaged under this Part to conduct an investigation is provided with further information that relates to the public interest complaint that is the subject of the investigation, the person conducting the investigation must—\n\n(a) notify the further information to the Integrity and Oversight Committee; and\n\n(b) state in the notification that the further information is to be treated as if it were a disclosure to which the protections under Part 6 apply.\n\n","sortOrder":50},{"sectionNumber":"Part 5","sectionType":"part","heading":"Notification of related disclosures made in course of investigation","content":"Part 5—Notification of related disclosures made in course of investigation\n\n","sortOrder":51},{"sectionNumber":"34","sectionType":"section","heading":"Related disclosures","content":"\t34 Related disclosures\n\n(1) For the purposes of this Part a disclosure is a related disclosure if—\n\nS. 34(1)(a) amended by No. 2/2019 s. 15(1).\n\n(a) the disclosure is made to an investigating entity, other than in the circumstances specified in subsection (2), in the course of its investigation of a public interest complaint; and\n\n(b) the investigating entity is an entity to which the disclosure may be made under Division 2 of Part 2; and\n\nS. 34(1)(c) amended by No. 2/2019 s. 15(1).\n\n(c) the disclosure concerns the same subject matter as the public interest complaint being investigated by that entity.\n\n(2) For the purposes of subsection (1)(a), the following circumstances are specified—\n\n(a) the disclosure is made to—\n\n(i) the IBAC; or\n\nS. 34(2)(a)(ii) amended by Nos 2/2019 s. 15(2), 31/2024 s. 113(Sch. 1 item 28.27).\n\n(ii) Integrity Oversight Victoria in the course of its investigation of a public interest complaint made to it under section 14(b); or\n\n(b) the investigating entity to which the disclosure is made—\n\nS. 34(2)(b)(i) amended by No. 2/2019 s. 15(3).\n\n(i) is unable to investigate the disclosure because it is not authorised to do so under the Act authorising the investigation of the public interest complaint to which the disclosure relates; or\n\nS. 34(2)(b)(ii) amended by No. 2/2019 s. 15(3).\n\n(ii) is able to investigate the disclosure but does not intend to investigate the disclosure as part of its investigation of the public interest complaint to which the disclosure relates.\n\nS. 35 (Heading) amended by No. 2/2019 s. 16(1).\n\n","sortOrder":52},{"sectionNumber":"35","sectionType":"section","heading":"Related disclosure made by person who made public interest complaint","content":"\t35 Related disclosure made by person who made public interest complaint\n\nS. 35 amended by No. 2/2019 s. 16(2).\n\nA related disclosure made to an investigating entity by the person who made the public interest complaint to which it relates—\n\nS. 35(a) amended by No. 2/2019 s. 16(2).\n\n(a) is taken to be part of the public interest complaint; and\n\n(b) despite section 21, is not required to be notified to the IBAC for assessment under Part 3; and\n\nS. 35(c) amended by No. 2/2019 s. 16(2).\n\n(c) must be investigated by the investigating entity as part of its investigation of the public interest complaint.\n\nNote to s. 35 amended by No. 2/2019 s. 16(3).\n\nUnder section 38(5) further information relating to a public interest disclosure provided by the person who made the disclosure is to be treated for the purposes of Part 6 as if it were a public interest disclosure.\n\n","sortOrder":53},{"sectionNumber":"36","sectionType":"section","heading":"Related disclosure made by other person","content":"\t36 Related disclosure made by other person\n\n(1) This section applies—\n\nS. 36(1)(a) amended by No. 2/2019 s. 17(1).\n\n(a) if a related disclosure is made to an investigating entity by a person other than the person who made the public interest complaint; and\n\n(b) regardless of whether the related disclosure is made in accordance with Division 2 of Part 2.\n\nS. 36(2) substituted by No. 2/2019 s. 17(2).\n\n(2) Despite section 21, the investigating entity must notify the related disclosure to the appropriate entity if, and only if, the investigating entity considers that—\n\n(a) the related disclosure shows or tends to show—\n\n(ii) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or\n\n(b) the person who made the related disclosure believes on reasonable grounds that the disclosure shows or tends to show—\n\n(ii) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45.\n\nS. 36(3) amended by No. 2/2019 s. 17(3).\n\n(3) A related disclosure notified to the appropriate entity under subsection (2) is taken to have been notified to the appropriate entity under section 21.\n\nS. 36(4) inserted by No. 2/2019 s. 17(4).\n\n(4) In this section, ***appropriate entity*** has the same meaning as in section 21(4).\n\nS. 37 (Heading) amended by No. 2/2019 s. 18(1).\n\n","sortOrder":54},{"sectionNumber":"37","sectionType":"section","heading":"Related disclosure notified to an appropriate entity","content":"\t37 Related disclosure notified to an appropriate entity\n\nS. 37(1) amended by No. 2/2019 s. 18(2).\n\n(1) If a related disclosure is notified to an appropriate entity by an investigating entity under section 36(2), the investigating entity must advise the person who made the related disclosure that the related disclosure has been notified to an appropriate entity for assessment under this Act.\n\n(2) The advice given under subsection (1) must—\n\n(a) be in writing; and\n\n(b) be given no later than 28 days after the disclosure is made to the entity.\n\nS. 37(3) repealed by No. 2/2019 s. 18(3).\n\nS. 37A inserted by No. 2/2019 s. 19.\n\n","sortOrder":55},{"sectionNumber":"37A","sectionType":"section","heading":"Investigation of related disclosure referred to investigating entity by an appropriate entity","content":"\t37A Investigation of related disclosure referred to investigating entity by an appropriate entity\n\nAn investigating entity may investigate a related disclosure notified to an appropriate entity under section 36(2) as part of its investigation of the public interest complaint to which it relates if the appropriate entity—\n\n(a) has determined that the related disclosure is a public interest complaint; and\n\n(b) has referred the related disclosure to the investigating entity for investigation.\n\nPt 6 (Heading) amended by No. 2/2019 s. 20.\n\n","sortOrder":56},{"sectionNumber":"Part 6","sectionType":"part","heading":"Protection of person making public interest disclosure","content":"Part 6—Protection of person making public interest disclosure\n\nS. 38 substituted by No. 2/2019 s. 21.\n\n","sortOrder":57},{"sectionNumber":"38","sectionType":"section","heading":"Disclosures to which this Part applies","content":"\t38 Disclosures to which this Part applies\n\n(1) This Part applies to the following disclosures—\n\n(a) a public interest disclosure made in accordance with Division 2 of Part 2;\n\n(b) a misdirected disclosure;\n\n(c) a complaint by a police officer or a protective services officer about the conduct of another police officer or protective services officer made in accordance with section 167(3) of the **Victoria Police Act 2013**;\n\n(d) an external disclosure made in accordance with section 38A.\n\n(2) A reference in this Part (other than a reference in this section or section 38A) to a public interest disclosure is taken to be a reference to a disclosure to which this Part applies.\n\n(3) This Part applies to a public interest disclosure made in accordance with Division 2 of Part 2 or a misdirected disclosure from the time the disclosure is made—\n\nS. 38(3)(a) amended by No. 31/2024 s. 113(Sch. 1 item 28.28).\n\n(a) whether or not the entity to which the disclosure was made has notified the disclosure to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee; and\n\nS. 38(3)(b) amended by No. 31/2024 s. 113(Sch. 1 item 28.28).\n\n(b) whether or not the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee has determined that the disclosure is a public interest complaint.\n\n(4) This Part applies to a complaint referred to in subsection (1)(c) from the time the complaint is made—\n\n(a) whether or not the complaint is investigated by the Chief Commissioner of Police; and\n\n(b) whether or not the Chief Commissioner of Police has notified the complaint to the IBAC under section 22; and\n\n(c) whether or not the IBAC has determined that the complaint is a public interest complaint.\n\n(5) Any further information relating to a public interest disclosure provided by the person who made the disclosure is to be treated as if it were a public interest disclosure.\n\n(6) Subsection (5) applies only to further information provided, whether orally or in writing, to—\n\n(a) in the case of a public interest disclosure made in accordance with Division 2 of Part 2—the entity to which the disclosure was made; or\n\nS. 38(6)(c) amended by No. 31/2024 s. 113(Sch. 1 item 28.28).\n\n(c) Integrity Oversight Victoria; or\n\n(d) the Integrity and Oversight Committee; or\n\n(e) an investigating entity that is investigating the disclosure; or\n\nS. 38(6)(f) amended by No. 27/2024 s. 156(a).\n\n(f) a person engaged by the Integrity and Oversight Committee under Part 4A to investigate a public interest disclosure;\n\nS. 38(6)(g) inserted by No. 27/2024 s. 156(b).\n\n(g) the Privileges Committee of a House of the Parliament; or\n\nS. 38(6)(h) inserted by No. 27/2024 s. 156(b).\n\n(h) a person engaged to support the Privileges Committee of a House of the Parliament.\n\nS. 38A inserted by No. 2/2019 s. 21.\n\n","sortOrder":58},{"sectionNumber":"38A","sectionType":"section","heading":"External disclosures","content":"\t38A External disclosures\n\n(1) An external disclosure is a public interest disclosure made to a person or body who is not an entity to whom a public interest disclosure may be made under Division 2 of Part 2.\n\n(2) Subject to subsection (3), an external disclosure is made in accordance with this section if—\n\n(a) the person making the external disclosure has previously made a public interest disclosure in accordance with Division 2 of Part 2 (the ***original disclosure***) and the original disclosure was not made anonymously; and\n\n(b) the original disclosure was determined under Division 2 of Part 3 to be a public interest complaint and the person has been notified of that determination; and\n\n(c) the subject matter of the external disclosure is substantially the same as the subject matter of the original disclosure; and\n\n(d) either subsection (3) or (4) applies.\n\n(3) This subsection applies if—\n\n(a) the person has not been notified by the investigating entity about any action taken in relation to the original disclosure within 6 months after being notified that the original disclosure has been determined to be a public interest complaint; and\n\n(b) the person has requested advice on the progress of the public interest complaint from the investigating entity and has not received a response within 30 days after that request.\n\n(4) This subsection applies if—\n\n(a) an investigation of the public interest complaint has not been completed within 12 months after the person was notified that the original disclosure has been determined to be a public interest complaint; and\n\n(b) the person has requested advice on the progress of the public interest complaint from the investigating entity; and\n\n(c) either—\n\n(i) the person has not received a response within 30 days after the request; or\n\n(ii) the person received a response within 30 days after the request advising that the investigation is still ongoing but has not been advised that the investigation has been completed within 6 months after that response.\n\n(5) An external disclosure is not a disclosure made in accordance with this section if it contains information that—\n\n(a) may prejudice a criminal investigation, criminal proceeding or other legal proceeding of which the person making the external disclosure is aware; or\n\n(b) is likely to lead to the disclosure of any investigative method used by the IBAC or members of Victoria Police personnel.\n\nDespite being taken to be a public interest disclosure for the purposes of this Part, the confidentiality provisions of Part 7 do not apply to an external disclosure made in accordance with this section.\n\n","sortOrder":59},{"sectionNumber":"39","sectionType":"section","heading":"Immunity from liability","content":"\t39 Immunity from liability\n\nS. 39(1) amended by No. 2/2019 s. 22.\n\n(1) A person who makes a public interest disclosure is not subject to any civil or criminal liability or any liability arising by way of administrative process (including disciplinary action) for making the disclosure.\n\nS. 39(2) amended by No. 2/2019 s. 22.\n\n(2) Subsection (1) does not apply to a person who, in making the public interest disclosure, has contravened section 72(1) or (2) in relation to the information disclosed.\n\n","sortOrder":60},{"sectionNumber":"40","sectionType":"section","heading":"Confidentiality provisions do not apply","content":"\t40 Confidentiality provisions do not apply\n\nS. 40(1) amended by No. 2/2019 s. 22.\n\n(1) Without limiting section 39, a person who makes a public interest disclosure does not by doing so—\n\n(a) commit an offence under section 95 of the **Constitution Act 1975** or a provision of any other Act that imposes a duty to maintain confidentiality with respect to a matter or any other restriction on the disclosure of information; or\n\nS. 40(1)(b) amended by No. 6/2018 s. 68(Sch. 2 item 102).\n\n(b) breach an obligation by way of oath or affirmation or rule of law or practice or under an agreement requiring him or her to maintain confidentiality or otherwise restricting the disclosure of information with respect to a matter.\n\nS. 40(2) amended by No. 2/2019 s. 22.\n\n(2) Subsection (1) does not apply to a person who, in making the public interest disclosure, has contravened section 72(1) or (2) in relation to the information disclosed.\n\n","sortOrder":61},{"sectionNumber":"41","sectionType":"section","heading":"Protection from defamation action","content":"\t41 Protection from defamation action\n\nS. 41(1) amended by No. 2/2019 s. 22.\n\n(1) Without limiting section 39, in any proceeding for defamation there is a defence of absolute privilege in respect of the making of a public interest disclosure.\n\nS. 41(2) amended by No. 2/2019 s. 22.\n\n(2) Subsection (1) does not apply to a person who, in making the public interest disclosure, has contravened section 72(1) or (2) in relation to the information disclosed.\n\n","sortOrder":62},{"sectionNumber":"42","sectionType":"section","heading":"Liability for own conduct","content":"\t42 Liability for own conduct\n\nDespite anything to the contrary in this Part, a person's liability for his or her own conduct is not affected by the person's disclosure of that conduct under this Act.\n\nS. 43 (Heading) amended by No. 2/2019 s. 23(1).\n\n","sortOrder":63},{"sectionNumber":"43","sectionType":"section","heading":"Detrimental action in reprisal for public interest disclosure","content":"\t43 Detrimental action in reprisal for public interest disclosure\n\nS. 43(1) amended by No. 2/2019 s. 23(2).\n\n(1) For the purposes of this Act and subject to subsections (2) and (3), a person takes detrimental action against another person in reprisal for a public interest disclosure if—\n\n(a) the person takes or threatens to take detrimental action against the other person because, or in the belief that—\n\n(i) the other person or anyone else has made, or intends to make, the disclosure; or\n\n(ii) the other person or anyone else has cooperated, or intends to cooperate, with an investigation of the disclosure; or\n\n(b) for either of those reasons, the person incites or permits someone else to take or threaten to take detrimental action against the other person.\n\nS. 43(2) amended by No. 2/2019 s. 23(3).\n\n(2) A person does not take detrimental action against another person in reprisal for a public interest disclosure made by the other person if the other person has contravened section 72(1) or (2) in relation to the information disclosed by the public interest disclosure.\n\nS. 43(3) repealed by No. 2/2019 s. 23(4).\n\n","sortOrder":64},{"sectionNumber":"44","sectionType":"section","heading":"Management action not prevented","content":"\t44 Management action not prevented\n\nS. 44(1) amended by No. 2/2019 s. 24(1).\n\n(1) Nothing in this Part is intended to prevent a manager from taking management action in relation to an employee who has made a public interest disclosure.\n\nS. 44(2) amended by No. 2/2019 s. 24(2).\n\n(2) A manager may take management action that is detrimental action in relation to an employee who has made a public interest disclosure only if the fact that the employee has made the public interest disclosure is not a reason for the manager taking the action.\n\nS. 44(3) inserted by No. 2/2019 s. 24(3).\n\n(3) Without limiting subsection (1) and subject to subsection (2), management action that may be taken in relation to an employee who has made a public interest disclosure includes any action that may or is required to be taken—\n\n(a) in respect of performance development (including training), conditions of employment or discipline; or\n\n(b) to ensure the safety of the workplace.\n\n","sortOrder":65},{"sectionNumber":"45","sectionType":"section","heading":"Protection from reprisal","content":"\t45 Protection from reprisal\n\nS. 45(1) amended by No. 2/2019 s. 25(1).\n\n(1) A person must not take detrimental action against another person in reprisal for a public interest disclosure.\n\nPenalty: 240 penalty units or 2 years imprisonment or both.\n\nS. 45(2) amended by No. 2/2019 s. 25(2).\n\n(2) It is a defence in a proceeding for an offence against subsection (1) if a reason referred to in section 43(1)(a) was not a reason for the person taking the detrimental action against the other person.\n\n(3) It is a defence in a proceeding for an offence against subsection (1) if—\n\nS. 45(3)(a) substituted by No. 2/2019 s. 25(3), amended by No. 31/2024 s. 113(Sch. 1 item 28.29).\n\n(a) the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee has determined that the disclosure is not a public interest complaint; and\n\n(b) at the time the person took the detrimental action, the person knew of that determination.\n\nS. 45(4) inserted by No. 2/2019 s. 25(4), amended by No. 31/2024 s. 113(Sch. 1 item 28.29).\n\n(4) Despite subsection (3), it is not a defence in a proceeding for an offence against subsection (1) if the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee (as the case may be) determined the disclosure is not a public interest complaint under section 26(5).\n\n","sortOrder":66},{"sectionNumber":"46","sectionType":"section","heading":"Order for damages or reinstatement","content":"\t46 Order for damages or reinstatement\n\n(1) If a person is convicted or found guilty of an offence against section 45, the court may, in addition to imposing a penalty, order that, within a specified time, the offender pay to the person against whom the detrimental action was taken damages that the court considers appropriate to compensate the person for any injury, loss or damage.\n\n(2) If—\n\n(a) the employer of a person; or\n\n(b) someone in the course of employment with, or while acting as an agent of, the employer of a person—\n\nis convicted or found guilty of an offence against section 45 in relation to detrimental action taken against that person, the court may, in addition to imposing a penalty and in addition to any damages ordered under subsection (1), order that the employer reinstate or re-employ the person in his or her former position or, if that position is not available, in a similar position.\n\n(3) Without limiting the court's discretion, when making an order under subsection (1), the court may take into account any remedy granted under section 47 or any order made under section 49 in relation to the same conduct.\n\n","sortOrder":67},{"sectionNumber":"47","sectionType":"section","heading":"Proceedings for damages for reprisal","content":"\t47 Proceedings for damages for reprisal\n\nS. 47(1) amended by No. 2/2019 s. 26(1).\n\n(1) A person who takes detrimental action against another person in reprisal for a public interest disclosure is liable in damages for any injury, loss or damage to that other person.\n\n(2) The damages may be recovered in proceedings as for a tort in any court of competent jurisdiction.\n\n(3) Any remedy that may be granted by a court with respect to a tort, including exemplary damages, may be granted by a court in proceedings under this section.\n\n(4) The right of a person to bring proceedings for damages does not affect any other right or remedy available to the person arising from the detrimental action.\n\n(5) Proceedings for damages under this section may be brought even if a prosecution in relation to the detrimental action has not been brought under section 45.\n\n(6) Without limiting the court's discretion, when granting a remedy under this section, the court may take into account any order made under section 46 or 49 in relation to the same conduct.\n\nS. 47(7) inserted by No. 2/2019 s. 26(2).\n\n(7) In proceedings under this section, costs against the person alleging that detrimental action has been taken in reprisal for a public interest disclosure must not be awarded unless the court is satisfied—\n\n(a) the person's claim that detrimental action had occurred is vexatious; or\n\n(b) the person did not conduct the litigation reasonably.\n\n","sortOrder":68},{"sectionNumber":"48","sectionType":"section","heading":"Vicarious liability of public body","content":"\t48 Vicarious liability of public body\n\nS. 48(1) amended by No. 2/2019 s. 27.\n\n(1) If a person in the course of employment with, or while acting as an agent of, a public body takes detrimental action against another person in reprisal for a public interest disclosure—\n\n(a) the public body and the employee or agent (as the case may be) are jointly and severally civilly liable for the detrimental action; and\n\n(b) a proceeding under section 47 may be taken against either or both.\n\nS. 48(2) amended by No. 2/2019 s. 27.\n\n(2) It is a defence to a proceeding against a public body under section 47 if the public body proves, on the balance of probabilities, that it took reasonable precautions to prevent the employee or agent from taking detrimental action against the other person in reprisal for the public interest disclosure.\n\n","sortOrder":69},{"sectionNumber":"49","sectionType":"section","heading":"Injunction or order","content":"\t49 Injunction or order\n\nS. 49(1) amended by No. 2/2019 s. 27.\n\n(1) If, on receipt of an application under section 50, the Supreme Court is satisfied that a person has taken or intends to take detrimental action against another person in reprisal for a public interest disclosure, the Court may—\n\n(a) order the person who took the detrimental action to remedy that action; or\n\n(b) grant an injunction in any terms the Court considers appropriate.\n\n(2) The Supreme Court, pending the final determination of an application under section 50, may—\n\n(a) make an interim order in the terms of subsection (1)(a); or\n\n(b) grant an interim injunction.\n\n(3) Without limiting the discretion of the Supreme Court, when granting a remedy under this section, the Court may take into account any order made under section 46 or 47 in relation to the same conduct.\n\n","sortOrder":70},{"sectionNumber":"50","sectionType":"section","heading":"Application for injunction or order","content":"\t50 Application for injunction or order\n\nAn application for an order or an injunction by the Supreme Court under section 49 may be made by—\n\nS. 50(a) amended by No. 2/2019 s. 28(a).\n\n(a) a person who believes that detrimental action has been taken or may be taken against him or her in reprisal for a public interest disclosure; or\n\nS. 50(b) amended by No. 2/2019 s. 28(b).\n\n(b) an investigating entity if the investigating entity believes that detrimental action has been taken or may be taken in reprisal for a public interest disclosure the subject of which is a matter that the investigating entity is authorised to investigate under another Act; or\n\nS. 50(c) inserted by No. 2/2019 s. 28(c).\n\n(c) the Integrity and Oversight Committee, if the Committee believes that detrimental action has been taken or may be taken in reprisal for a public interest disclosure the subject of which is a matter that the Committee may under Part 4A engage a person to investigate.\n\n","sortOrder":71},{"sectionNumber":"51","sectionType":"section","heading":"Transfer of employee","content":"\t51 Transfer of employee\n\nS. 51(1) inserted by No. 2/2019 s. 29.\n\n(1) An employee of a public service body or a public entity who has made a public interest disclosure and who believes on reasonable grounds that detrimental action will be, is being or has been taken against him or her in contravention of section 45 may request a transfer of employment in accordance with this section.\n\nS. 51(2) inserted by No. 2/2019 s. 29.\n\n(2) Subject to subsection (4), a public service body Head may transfer an employee of the public service body who has made a public interest disclosure to duties within—\n\n(a) another public service body; or\n\n(b) a public entity; or\n\n(c) a different area of the same public service body—\n\non terms and conditions of employment that are no less favourable overall.\n\nS. 51(3) inserted by No. 2/2019 s. 29.\n\n(3) Subject to subsection (4), a public entity Head may transfer an employee of the public entity who has made a public interest disclosure to duties within—\n\n(a) a public service body; or\n\n(b) a different area of the same public entity—\n\non terms and conditions of employment that are no less favourable overall.\n\n(4) An employee may only be transferred under subsection (2) or (3) if—\n\n(a) the employee requests or consents to the transfer; and\n\n(b) the public service body Head or the public entity Head (as the case may be) has reasonable grounds to suspect that detrimental action will be, is being or has been taken against the employee in contravention of section 45; and\n\n(c) the public service body Head or the public entity Head (as the case may be) considers that the transfer of the employee will avoid, reduce or eliminate the risk of detrimental action being taken against the employee; and\n\n(d) the Head of the public service body or public entity to which it is proposed to transfer the employee consents to the transfer.\n\n(5) The transfer of an employee under subsection (2) or (3) may be permanent or for a fixed term.\n\n(6) The transfer of an employee under subsection (2) or (3) does not constitute a resignation or termination of employment and the post-transfer service is to be regarded as continuous with the pre-transfer service.\n\n(7) In this section, ***public entity***, ***public entity Head***, ***public service body*** and ***public service body Head*** have the same meanings as they have in the **Public Administration Act 2004**.\n\n","sortOrder":72},{"sectionNumber":"Part 7","sectionType":"part","heading":"Confidentiality of disclosures","content":"Part 7—Confidentiality of disclosures\n\n","sortOrder":73},{"sectionNumber":"52","sectionType":"section","heading":"Content of assessable disclosure must not be disclosed","content":"\t52 Content of assessable disclosure must not be disclosed\n\n(1) This section applies to a person or body—\n\n(a) to whom an assessable disclosure has been made; or\n\n(b) who receives an assessable disclosure in the performance of duties or functions under this Act; or\n\nS. 52(1)(c) substituted by No. 2/2019 s. 30(1), amended by No. 31/2024 s. 113(Sch. 1 item 28.30).\n\n(c) to whom the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee provides information about the content of an assessable disclosure to determine whether the disclosure is a public interest complaint; or\n\n(d) to whom an assessable disclosure, or information about the content of an assessable disclosure, is disclosed in any of the circumstances referred to in subsection (3)(a); or\n\n(e) to whom an assessable disclosure, or information about the content of an assessable disclosure, has been disclosed in contravention of subsection (2).\n\n(2) The person or body must not disclose the content, or information about the content, of an assessable disclosure.\n\nPenalty: In the case of a natural person, 120 penalty units or 12 months imprisonment or both.\n\nIn the case of a body corporate, 600 penalty units.\n\n(3) Subsection (2) does not apply if—\n\n(a) the person or body discloses the content, or information about the content, of the assessable disclosure—\n\n(i) in accordance with section 54; or\n\n(ii) in accordance with a direction or authorisation given by the investigating entity that is investigating the disclosure; or\n\n(iii) to the extent necessary for the purpose of taking lawful action in relation to the conduct that is the subject of the assessable disclosure including a disciplinary process or action; or\n\nS. 52(3)(b) substituted by No. 2/2019 s. 30(2)(a), amended by No. 31/2024 s. 113(Sch. 1 item 28.30).\n\n(b) the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee has determined that the assessable disclosure is not a public interest complaint and the person or body discloses the content, or information about the content, of the assessable disclosure after that determination; or\n\nS. 52(3)(c) amended by No. 2/2019 s. 30(2)(b).\n\n(c) an investigating entity has—\n\n(i) published in a report to Parliament under this or any other Act, or otherwise made public, the content, or information about the content, of the assessable disclosure; and\n\n(ii) in doing so, acted consistently with the obligations relating to confidentiality that apply to the investigating entity under this Act—\n\nand the person or body discloses the content, or information about the content, of the assessable disclosure after that publication; or\n\nS. 52(3)(d) inserted by No. 2/2019 s. 30(2)(c).\n\n(d) the Integrity and Oversight Committee has published the information in a report to Parliament under this or any other Act and the person or body discloses the information after that publication.\n\n","sortOrder":74},{"sectionNumber":"53","sectionType":"section","heading":"Identity of person making assessable disclosure must not be disclosed","content":"\t53 Identity of person making assessable disclosure must not be disclosed\n\n(1) A person or body must not disclose information likely to lead to the identification of a person who has made an assessable disclosure.\n\nPenalty: In the case of a natural person, 120 penalty units or 12 months imprisonment or both.\n\nIn the case of a body corporate, 600 penalty units.\n\n(2) Subsection (1) does not apply if—\n\n(a) the person who made the assessable disclosure has given written consent to an investigating entity to disclose—\n\n(i) any information likely to lead to the person's identification; or\n\n(ii) specific information likely to lead to the person's identification—\n\nand the information is disclosed by the investigating entity after and in accordance with that consent; or\n\nS. 53(2)(ab) inserted by No. 2/2019 s. 31(a).\n\n(ab) the person who made the assessable disclosure has given written consent to the Integrity and Oversight Committee or to an independent investigator engaged by the Committee under Part 4A to disclose—\n\n(i) any information likely to lead to the person's identification; or\n\n(ii) specific information likely to lead to the person's identification—\n\nand the information is disclosed by the Committee or the independent investigator after and in accordance with that consent; or\n\n(b) the person or body discloses the information in accordance with section 54; or\n\nS. 53(2)(c) substituted by No. 2/2019 s. 31(b), amended by No. 31/2024 s. 113(Sch. 1 item 28.31).\n\n(c) the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee has determined that the assessable disclosure is not a public interest complaint and the person or body discloses the information after that determination; or\n\nS. 53(2)(d) amended by No. 2/2019 s. 31(c).\n\n(d) an investigating entity has—\n\n(i) published in a report to Parliament under this or any other Act, or otherwise made public, the information; and\n\n(ii) in doing so, acted consistently with the obligations relating to confidentiality that apply to the investigating entity under this Act—\n\nand the person or body discloses the information after that publication; or\n\nS. 53(2)(e) inserted by No. 2/2019 s. 31(d).\n\n(e) the Integrity and Oversight Committee has published the information in a report to Parliament under this or any other Act and the person or body discloses the information after that publication.\n\n","sortOrder":75},{"sectionNumber":"54","sectionType":"section","heading":"Circumstances in which information may be disclosed","content":"\t54 Circumstances in which information may be disclosed\n\n(1) A person or body may, in any of the circumstances set out in subsection (2), disclose—\n\n(a) the content, or information about the content, of an assessable disclosure; or\n\n(b) information likely to lead to the identification of a person who has made an assessable disclosure.\n\n(2) For the purposes of subsection (1) information may be disclosed in the following circumstances—\n\n(a) where necessary for the purpose of the exercise of functions under this Act;\n\nS. 54(2)(b) amended by Nos 37/2014 s. 10(Sch. item 134.6(a)), 16/2016 s. 173(1), substituted by No. 2/2019 s. 32(1)(a).\n\n(b) by an investigating entity, or an officer of an investigating entity, where necessary for the purpose of the exercise of functions under the Act, or part of the Act, under which the investigating entity, or the officer of the investigating entity, is authorised to investigate a public interest complaint;\n\nS. 54(2)(ba) inserted by No. 2/2019 s. 32(1)(a).\n\n(ba) to Victoria Police where an investigating entity has previously disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct and the information is relevant to an investigation by Victoria Police of the criminal conduct;\n\nS. 54(2)(c) substituted by No. 31/2024 s. 65(a).\n\n(c) for the purpose of a proceeding for an offence against a relevant Act;\n\nS. 54(2)(d) substituted by No. 31/2024 s. 65(a).\n\n(d) for the purpose of a disciplinary process or action instituted in respect of conduct that could constitute an offence against a relevant Act;\n\nS. 54(2)(da) inserted by No. 3/2019 s. 37(a).\n\n(da) for the purpose of, or in the course of, a restorative engagement process, with the written consent of the person participating in the process who alleges that they are the victim of sex discrimination or sexual harassment;\n\n(e) for the purpose of obtaining legal advice or representation in relation to—\n\n(i) a witness summons, a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice;\n\n(ii) the person's rights, liabilities, obligations and privileges under a relevant Act;\n\n(f) by an Australian legal practitioner to whom an assessable disclosure or information has been disclosed in the circumstances specified in paragraph (e), for the purpose 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\n(g) to an interpreter, for the purpose of enabling a person who does not have a sufficient knowledge of the English language to comply with this Part;\n\n(h) to a parent or guardian of a person or to an independent person, for the purpose of enabling a person who is under the age of 18 years to comply with this Part;\n\nS. 54(2)(i) amended by No. 2/2019 s. 32(1)(b).\n\n(i) to an independent person, for the purpose of enabling a person who is illiterate or has a mental or physical impairment that prevents the person from understanding an obligation imposed under this Part to comply with this Part;\n\nS. 54(2)(j) inserted by No. 2/2019 s. 32(1)(c).\n\n(j) to any of the following for the purpose of assisting the person who made the assessable disclosure to seek advice or support in relation to the assessable disclosure—\n\n(i) a registered health practitioner;\n\nS. 54(2)(j)(ii) amended by No. 31/2024 s. 65(b).\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 who made the assessable disclosure is a member;\n\n(iii) an employee assistance program;\n\nS. 54(2)(k) inserted by No. 2/2019 s. 32(1)(c).\n\n(k) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim;\n\nS. 54(2)(l) inserted by No. 2/2019 s. 32(1)(c).\n\n(l) to a prescribed service for a purpose prescribed for that service;\n\nS. 54(2)(m) inserted by No. 2/2019 s. 32(1)(c).\n\n(m) for the purpose of an application to the Fair Work Commission, including any related proceeding.\n\n(3) For the purposes of subsection (2)—\n\nS. 54(3) def. of *confidentiality notice* amended by Nos 82/2012 s. 315(e)(i), 2/2019 s. 32(2)(a), 9/2020 s. 390(Sch. 1 item 84.3), 27/2024 s. 157(1), 31/2024 s. 113(Sch. 1 item 28.32(a)).\n\n***confidentiality notice*** means—\n\n(a) a confidentiality notice issued by the IBAC under section 42(1) of the **Independent Broad-based Anti-corruption Commission Act 2011**; or\n\n(b) a confidentiality notice issued by Integrity Oversight Victoria under section 38(1) of the **Integrity Oversight Victoria Act 2011**; or\n\n(c) a confidentiality notice issued by the Ombudsman under section 26C(1) of the **Ombudsman Act 1973**;\n\n(d) a confidentiality notice issued by the Chief Municipal Inspector under section 193 of the **Local Government Act 2020**; or\n\n(e) a confidentiality notice issued by the Racing Integrity Commissioner under section 37T of the **Racing Act 1958**; or\n\n(f) a confidentiality notice issued by the Information Commissioner under section 61TJ of the **Freedom of Information Act 1982**; or\n\n(g) a confidentiality notice issued by the Parliamentary Workplace Standards and Integrity Commission under section 77 of the **Parliamentary Workplace Standards and Integrity Act 2024**;\n\nS. 54(3) def. of *Fair Work Commission* inserted by No. 2/2019 s. 32(2)(d).\n\n***Fair Work Commission*** means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth;\n\nS. 54(3) def. of *officer of an investigating entity* amended by No. 2/2019 s. 32(2)(b).\n\n***officer of an investigating entity*** means a person who is—\n\n(a) carrying out investigative functions in relation to a public interest complaint; and\n\n(b) is authorised to perform those functions by or under the Act under which the public interest complaint is being investigated by the investigating entity;\n\nS. 54(3) def. of *registered health practitioner* inserted by No. 2/2019 s. 32(2)(d).\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\nS. 54(3) def. of *relevant Act* amended by Nos 37/2014 s. 10(Sch. item 134.6(b)), 16/2016 s. 173(2)(a)(b), 2/2019 s. 32(2)(c), 9/2020 s. 390(Sch. 1 item 84.4), 27/2024 s. 157(2), 31/2024 s. 113(Sch. 1 item 28.32(b)).\n\n***relevant Act*** means—\n\n(a) this Act; or\n\n(b) the **Independent Broad-based Anti-corruption Commission Act 2011**; or\n\n(c) the **Integrity Oversight Victoria Act 2011**; or\n\n(d) the **Ombudsman Act 1973**; or\n\n(e) Part 10 of the **Victoria Police Act 2013**; or\n\n(f) the **Judicial Commission of Victoria Act 2016**; or\n\n(g) Part IIIAA of the **Constitution Act 1975**; or\n\n(h) the **Local Government Act 2020**; or\n\n(i) the **Racing Act 1958**; or\n\n(j) the **Freedom of Information Act 1982**; or\n\n(k) the **Parliamentary Workplace Standards and Integrity Act 2024**;\n\nS. 54(3) def. of *restorative engagement process* inserted by No. 3/2019 s. 37(b).\n\n***restorative engagement process*** has the meaning given in section 174A(1) of the **Victoria Police Act 2013**;\n\nS. 54(3) def. of *Victorian WorkCover Authority* inserted by No. 2/2019 s. 32(2)(d).\n\n***Victorian WorkCover Authority*** has the same meaning as in the **Workplace Injury Rehabilitation and Compensation Act 2013**;\n\nS. 54(3) def. of *witness summons* amended by Nos 82/2012 s. 315(e)(ii), 16/2016 s. 173 (2)(c)(d), 31/2024 ss 65(c), 113(Sch. 1 item 28.32(c)).\n\n***witness summons*** means—\n\n(a) a witness summons issued by the IBAC under section 120(1) of the **Independent Broad-based Anti‑corruption Commission Act 2011**; or\n\n(b) a witness summons issued by Integrity Oversight Victoria under section 53(1) of the **Integrity Oversight Victoria Act 2011**; or\n\n(c) a witness summons issued by the Ombudsman under section 18(1) of the **Ombudsman Act 1973**; or\n\n(d) a requirement to produce a document or thing under section 69 of the **Judicial Commission of Victoria Act 2016**; or\n\n(e) a witness summons issued under section 70 of the **Judicial Commission of Victoria Act 2016**.\n\nPt. 8 (Heading)  amended by Nos 2/2019 s. 33, 31/2024 s. 113(Sch. 1 item 28.33).\n\n","sortOrder":76},{"sectionNumber":"Part 8","sectionType":"part","heading":"Functions and powers of the IBAC, Integrity Oversight Victoria and the Integrity and Oversight Committee","content":"Part 8—Functions and powers of the IBAC, Integrity Oversight Victoria and the Integrity and Oversight Committee\n\n","sortOrder":77},{"sectionNumber":"55","sectionType":"section","heading":"Functions and powers of the IBAC","content":"\t55 Functions and powers of the IBAC\n\n(1) The main functions of the IBAC under this Act are—\n\n(a) to receive, whether directly or by notification from other entities, assessable disclosures; and\n\nS. 55(1)(c) amended by No. 2/2019 s. 34(1).\n\n(c) to determine whether those disclosures are public interest complaints.\n\nS. 55(2) amended by No. 2/2019 s. 34(2)(a).\n\n(2) In addition, the IBAC has the following functions relating to the public interest disclosure scheme established under this Act—\n\n(a) to issue guidelines for procedures—\n\nS. 55(2)(a)(i) amended by No. 31/2024 s. 113(Sch. 1 item 28.34).\n\n(i) to facilitate the making of disclosures in accordance with Part 2 (other than disclosures made to Integrity Oversight Victoria);\n\n(ii) for the handling of those disclosures and, where appropriate, their notification to the IBAC;\n\n(iii) for the protection of persons from detrimental action in contravention of section 45;\n\nS. 55(2)(b) amended by No. 2/2019 s. 34(2)(b).\n\n(b) to issue guidelines for the management of the welfare of persons who make public interest disclosures or who are otherwise affected by public interest disclosures;\n\n(c) to provide advice to the public sector on any matter included in the guidelines referred to in paragraphs (a) and (b);\n\nS. 55(2)(d) amended by No. 31/2024 s. 113(Sch. 1 item 28.34).\n\n(d) to review the procedures established by the public sector under Part 9, other than those established by Integrity Oversight Victoria and the Ombudsman, and the implementation of those procedures;\n\nS. 55(2)(da) inserted by No. 2/2019 s. 34(2)(c).\n\n(da) to promote the purposes of this Act;\n\nS. 55(2)(e) amended by No. 2/2019 s. 34(2)(d).\n\n(e) to provide information and education about the public interest disclosure scheme;\n\nS. 55(2)(f) amended by No. 2/2019 s. 34(2)(d).\n\n(f) to assist the public sector to increase its capacity to comply with the public interest disclosure scheme;\n\nS. 55(2)(g) amended by No. 2/2019 s. 34(2)(d).\n\n(g) to provide information to, consult with and make recommendations to the public sector on matters relevant to the operation of the public interest disclosure scheme;\n\nS. 55(2)(h) amended by No. 2/2019 s. 34(2)(d).\n\n(h) to undertake research and collect, analyse and report on data and statistics relating to the public interest disclosure scheme;\n\n(i) to report to Parliament at any time on matters arising from the performance of any of its research and education functions;\n\n(j) to perform any other function conferred on the IBAC by or under this Act.\n\n(3) The IBAC has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions under this Act.\n\nS. 56 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 28.35).\n\n","sortOrder":78},{"sectionNumber":"56","sectionType":"section","heading":"Functions and powers of Integrity Oversight Victoria","content":"\t56 Functions and powers of Integrity Oversight Victoria\n\nS. 56(1) amended by No. 31/2024 s. 113(Sch. 1 item 28.36(b)).\n\n(1) The functions of Integrity Oversight Victoria under this Act are—\n\nS. 56(1)(a) amended by Nos 2/2019 s. 35(a), 50/2021 s. 140, 31/2023 s. 54.\n\n(a) to receive assessable disclosures that relate to the IBAC, IBAC Officers or Public Interest Monitors; and\n\nS. 56(1)(c) amended by No. 2/2019 s. 35(b).\n\n(c) to determine whether those disclosures are public interest complaints; and\n\n(d) to receive other assessable disclosures and to notify those disclosures to the IBAC; and\n\nNote to s. 56(1)(d) amended by Nos 2/2019 s. 35(c), 31/2024 s. 113(Sch. 1 item 28.37).\n\nIntegrity Oversight Victoria may receive disclosures that relate to certain entities other than the IBAC, IBAC Officers or Public Interest Monitors. See sections 13 and 14(f).\n\nS. 56(1)(e) amended by No. 2/2019 s. 35(d).\n\n(e) to review the procedures established by the IBAC, the Judicial Commission and the Ombudsman under Part 9 and the implementation of those procedures; and\n\nS. 56(1)(ea) inserted by No. 2/2019 s. 35(e).\n\n(ea) to promote the purposes of this Act; and\n\nS. 56(1)(f) amended by No. 31/2024 s. 113(Sch. 1 item 28.36(b)).\n\n(f) to perform any other function conferred on Integrity Oversight Victoria by or under this Act.\n\nS. 56(2) amended by No. 31/2024 s. 113(Sch. 1 item 28.36(a)).\n\n(2) Integrity Oversight Victoria has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions under this Act.\n\nS. 56A inserted by No. 2/2019 s. 36.\n\n","sortOrder":79},{"sectionNumber":"56A","sectionType":"section","heading":"Functions and powers of the Integrity and Oversight Committee","content":"\t56A Functions and powers of the Integrity and Oversight Committee\n\n(1) The functions of the Integrity and Oversight Committee under this Act are—\n\nS. 56A(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 28.38).\n\n(a) to receive assessable disclosures that relate to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer; and\n\n(c) to determine whether those disclosures are public interest complaints; and\n\n(d) to engage an independent investigator to investigate any disclosure determined by the Committee to be a public interest complaint.\n\n(2) In addition, the Integrity and Oversight Committee has the function of promoting the purposes of this Act.\n\n(3) The Integrity and Oversight Committee has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions under this Act.\n\nPart 9—Guidelines, procedures and education\n\nDivision 1—Guidelines and procedures\n\n\t57 Guidelines\n\n(1) The IBAC must issue guidelines consistent with this Act and the regulations made under this Act for procedures—\n\nS. 57(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 28.39).\n\n(a) to facilitate the making of disclosures to entities under sections 13 to 18 (other than disclosures to Integrity Oversight Victoria) in accordance with Part 2; and\n\n(b) for the handling of those disclosures and, where appropriate, the notification of those disclosures to the IBAC under section 21(2) or 36(2); and\n\n(c) for the protection of persons from detrimental action in contravention of section 45.\n\n(2) The IBAC must issue guidelines consistent with this Act and the regulations made under this Act for the management of the welfare of—\n\nS. 57(2)(a) amended by No. 2/2019 s. 37.\n\n(a) any person who makes a public interest disclosure; and\n\nS. 57(2)(b) amended by No. 2/2019 s. 37.\n\n(b) any person affected by a public interest disclosure whether as a witness in the investigation of the disclosure or as a person who is a subject of that investigation.\n\n(3) The IBAC must ensure its guidelines are readily available to—\n\n(a) the public; and\n\n(b) each entity required to establish procedures under section 58; and\n\n(c) each member, officer and employee of an entity referred to in paragraph (b); and\n\nS. 57(3)(d) amended by No. 37/2014 s. 10(Sch. item 134.7).\n\n(d) each member of Victoria Police personnel.\n\n","sortOrder":80},{"sectionNumber":"58","sectionType":"section","heading":"Procedures—entities required to establish procedures","content":"\t58 Procedures—entities required to establish procedures\n\n(1) An entity that may receive disclosures made in accordance with Part 2 must establish procedures—\n\n(a) to facilitate the making of those disclosures; and\n\nS. 58(1)(b) amended by No. 2/2019 s. 38(1).\n\n(b) for the handling of those disclosures and, where appropriate, the notification of those disclosures to an appropriate entity under section 21(2) or 36(2).\n\n(2) Subsection (1) does not apply to—\n\n(a) the IBAC; or\n\n(b) a Presiding Officer; or\n\nS. 58(2)(c) amended by Nos 37/2014 s. 10(Sch. item 134.7), 2/2019 s. 38(2)(a).\n\n(c) a member of Victoria Police personnel; or\n\nS. 58(2)(d) inserted by No. 2/2019 s. 38(2)(b).\n\n(d) the Integrity and Oversight Committee.\n\nS. 58(3) amended by No. 37/2014 s. 10(Sch. item 134.7).\n\n(3) The Chief Commissioner of Police must, in relation to disclosures that may be made to a member of Victoria Police personnel in accordance with Part 2, establish procedures—\n\n(a) to facilitate the making of those disclosures; and\n\n(b) for the handling of those disclosures and, where appropriate, the notification of those disclosures to the IBAC under section 21(2) or 36(2).\n\n(4) The IBAC must establish procedures—\n\n(a) to facilitate the making of disclosures to the IBAC in accordance with Part 2; and\n\n(b) for the handling of those disclosures and disclosures notified to the IBAC under sections 21 and 36(2).\n\n(5) A public body must establish procedures for the protection of persons from detrimental action in contravention of section 45 taken by the public body or members, officers or employees of the public body.\n\nS. 58(6) amended by No. 37/2014 s. 10(Sch. item 134.7).\n\n(6) The Chief Commissioner of Police must establish procedures for the protection of persons from detrimental action in contravention of section 45 taken by members of Victoria police personnel.\n\n(7) The holder of a public office prescribed for the purpose of this subsection must establish procedures for the protection of persons from detrimental action in contravention of section 45 taken by officers or employees of the office holder.\n\n","sortOrder":81},{"sectionNumber":"59","sectionType":"section","heading":"Procedures—requirements","content":"\t59 Procedures—requirements\n\n(1) The procedures required to be established by an entity under section 58 must be established—\n\n(a) in the case of an entity existing immediately before the commencement of this section—as soon as practicable but no later than 6 months after that commencement; and\n\n(b) in the case of an entity established on or after that commencement—as soon as practicable after the public body is established or a person is appointed to the office.\n\n(2) The procedures must be consistent with—\n\n(b) the regulations made under this Act.\n\nS. 59(3) amended by No. 31/2024 s. 113(Sch. 1 item 28.40).\n\n(3) The procedures, other than the procedures established by Integrity Oversight Victoria, must be consistent with the guidelines issued by the IBAC under section 57.\n\n(4) An entity required to establish procedures under section 58 must ensure those procedures are readily available to the public and—\n\nS. 59(4)(a) amended by No. 37/2014 s. 10(Sch. item 134.7).\n\n(a) if the entity is the Chief Commissioner of Police—to each member of Victoria Police personnel; or\n\n(b) in any other case—to each member, officer and employee of the entity.\n\n","sortOrder":82},{"sectionNumber":"60","sectionType":"section","heading":"Review of procedures","content":"\t60 Review of procedures\n\nS. 60(1) amended by No. 31/2024 s. 113(Sch. 1 item 28.41).\n\n(1) The IBAC may at any time review the procedures established by an entity under section 58, other than the procedures established by Integrity Oversight Victoria or the Ombudsman, to ensure the procedures are consistent with—\n\nS. 60(2) amended by Nos 16/2016 s. 174, 31/2024 s. 113(Sch. 1 item 28.41).\n\n(2) The IBAC may review the implementation of the procedures established by an entity under section 58, other than the procedures established by Integrity Oversight Victoria, the Judicial Commission or the Ombudsman, to ensure their implementation is consistent with—\n\n","sortOrder":83},{"sectionNumber":"61","sectionType":"section","heading":"Recommendation following review by the IBAC","content":"\t61 Recommendation following review by the IBAC\n\n(1) The IBAC may make any recommendation to an entity that the IBAC thinks fit arising from a review under section 60 of the procedures of the entity or the implementation of those procedures by the entity.\n\n(2) If it appears to the IBAC that insufficient steps have been taken by an entity within a reasonable time after making a recommendation under subsection (1), the IBAC may, after considering any comments of the entity, send a copy of the recommendation to the relevant Minister.\n\n(3) In this section—\n\n***relevant Minister*** means—\n\n(a) in relation to a public body—the Minister responsible for that public body;\n\n(b) in relation to a public officer—the Minister responsible for that public officer.\n\nS. 62 (Heading) amended by No. 16/2016 s. 175(1).\n\n","sortOrder":84},{"sectionNumber":"62","sectionType":"section","heading":"Review of procedures established by the IBAC, the Judicial Commission and the Ombudsman","content":"\t62 Review of procedures established by the IBAC, the Judicial Commission and the Ombudsman\n\nS. 62(1) amended by Nos 16/2016 s. 175(2), 31/2024 s. 113(Sch. 1 item 28.42).\n\n(1) Integrity Oversight Victoria may at any time review the procedures established by the IBAC, the Judicial Commission or the Ombudsman under section 58 to ensure the procedures are consistent with—\n\nS. 62(2) amended by Nos 16/2016 s. 175(2), 31/2024 s. 113(Sch. 1 item 28.42).\n\n(2) Integrity Oversight Victoria may review the implementation of the procedures established by the IBAC, the Judicial Commission or the Ombudsman under section 58 to ensure their implementation is consistent with—\n\nS. 63 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 28.43).\n\n","sortOrder":85},{"sectionNumber":"63","sectionType":"section","heading":"Recommendation following review by Integrity Oversight Victoria","content":"\t63 Recommendation following review by Integrity Oversight Victoria\n\nS. 63(1) amended by No. 31/2024 s. 113(Sch. 1 item 28.44).\n\n(1) Integrity Oversight Victoria may make any recommendation to the IBAC or the Ombudsman that Integrity Oversight Victoria thinks fit arising from a review under section 62.\n\nS. 63(2) amended by No. 31/2024 s. 113(Sch. 1 item 28.44(b)).\n\n(2) If the IBAC or the Ombudsman decides not to adopt a recommendation made by Integrity Oversight Victoria under subsection (1), the IBAC or the Ombudsman (as relevant) must—\n\nS. 63(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 28.44(b)).\n\n(a) advise Integrity Oversight Victoria in writing of that decision; and\n\n(b) include in that advice the reasons for the decision.\n\nDivision 2—Guidelines and procedures  \nrelating to the Presiding Officers\n\n","sortOrder":86},{"sectionNumber":"64","sectionType":"section","heading":"Guidelines","content":"\t64 Guidelines\n\n(1) Subject to subsection (3), the IBAC may issue guidelines consistent with this Act and the regulations made under this Act for procedures to facilitate the making of disclosures to the Speaker of the Legislative Assembly in accordance with Part 2.\n\n(2) Subject to subsection (3), the IBAC may issue guidelines consistent with this Act and the regulations made under this Act for procedures to facilitate the making of disclosures to the President of the Legislative Council in accordance with Part 2.\n\n(3) The IBAC must not issue guidelines under this section, or any amendment to those guidelines, without the prior agreement of the relevant Presiding Officer.\n\n(4) The IBAC must ensure its guidelines are readily available to the public, to the relevant Presiding Officer and to each Member of the relevant House of Parliament.\n\n","sortOrder":87},{"sectionNumber":"65","sectionType":"section","heading":"Presiding Officer may establish procedures","content":"\t65 Presiding Officer may establish procedures\n\n(1) A Presiding Officer of a House of Parliament may establish procedures—\n\n(a) to facilitate the making of disclosures to the Presiding Officer; and\n\nS. 65(1)(b) amended by No. 27/2024 s. 158.\n\n(b) for the handling of those disclosures and the notification of those disclosures to the IBAC under section 21(2).\n\n(2) The procedures must be consistent with—\n\n(c) any guidelines issued by the IBAC under section 64 in relation to that House.\n\n(3) The Presiding Officer of a House of Parliament must ensure any procedures established by the Presiding Officer under this section are readily available to the public and to each Member of the House.\n\nDivision 3—Advisory role\n\n","sortOrder":88},{"sectionNumber":"66","sectionType":"section","heading":"The IBAC may give advice to the public sector","content":"\t66 The IBAC may give advice to the public sector\n\n(1) The IBAC may give advice to the public sector on any matter included in a guideline issued by the IBAC under this Part.\n\n(2) The giving of advice by the IBAC under subsection (1) does not give rise to—\n\n(a) any right, expectation, duty or obligation that would not otherwise be conferred or imposed on the person to whom the advice is given; or\n\n(b) any defence that would not otherwise be available to that person.\n\n(3) Without limiting subsection (2)(b), the giving of advice by the IBAC under subsection (1) does not give rise to a defence to proceedings for an offence under section 45(1).\n\n","sortOrder":89},{"sectionNumber":"Part 10","sectionType":"part","heading":"Reports","content":"Part 10—Reports\n\n","sortOrder":90},{"sectionNumber":"67","sectionType":"section","heading":"Annual report by the IBAC","content":"\t67 Annual report by the IBAC\n\n(1) The IBAC in its annual report for a financial year under Part 7 of the **Financial Management Act 1994** must include—\n\n(a) information about how to access the guidelines issued and procedures established by the IBAC under Part 9 of this Act;\n\n(i) the number and types of assessable disclosures made directly to the IBAC;\n\n(ii) the number and types of disclosures notified to the IBAC under section 21 or 22;\n\nS. 67(1)(b)(iii) amended by No. 2/2019 s. 39(a).\n\n(iii) the number and types of assessments made by the IBAC under section 26 to determine whether a disclosure is a public interest complaint;\n\nS. 67(1)(b)(iv) amended by No. 2/2019 s. 39(b).\n\n(iv) the number and types of public interest complaints that, under the **Independent Broad-based Anti‑corruption Commission Act 2011**, have been—\n\n(A) investigated by the IBAC;\n\n(B) referred by the IBAC to another investigating entity;\n\n(C) dismissed by the IBAC;\n\n(v) the number and types of disclosures that the IBAC has been unable to either investigate or refer to another investigating entity;\n\n(c) any recommendations made by the IBAC under section 61 during the financial year;\n\n(d) for each of those recommendations, the action taken by the entity in relation to the recommendation;\n\n(e) the number of applications for an injunction made by the IBAC under section 50 during the financial year.\n\nS. 67(2)(a) amended by No. 82/2012 s. 315(f).\n\n(a) in addition to the matters required to be included in the report under section 165 of the **Independent Broad-based Anti-corruption Commission Act 2011**; and\n\n(b) subject to any restrictions on the inclusion of information imposed by that section.\n\nS. 68 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 28.45).\n\n","sortOrder":91},{"sectionNumber":"68","sectionType":"section","heading":"Annual report by Integrity Oversight Victoria","content":"\t68 Annual report by Integrity Oversight Victoria\n\nS. 68(1) amended by No. 31/2024 s. 113(Sch. 1 item 28.46(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\nS. 68(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 28.46(b)).\n\n(a) information about how to access the procedures established by Integrity Oversight Victoria under Part 9 of this Act;\n\nS. 68(1)(b)(i) amended by No. 31/2024 s. 113(Sch. 1 item 28.46(b)).\n\n(i) the number and types of assessable disclosures made to Integrity Oversight Victoria;\n\nS. 68(1)(b)(ii) amended by Nos 2/2019 s. 40(a), 31/2024 s. 113(Sch. 1 item 28.46(b)).\n\n(ii) the number and types of assessments made by Integrity Oversight Victoria under section 31 to determine whether a disclosure is a public interest complaint;\n\n(iii) the number and types of disclosures notified to the IBAC under section 21(2);\n\nS. 68(1)(b)(iv) amended by Nos 2/2019 s. 40(b), 31/2024 s. 113(Sch. 1 item 28.46(b)).\n\n(iv) the number and types of public interest complaints referred to Integrity Oversight Victoria by the IBAC;\n\nS. 68(1)(b)(v) amended by Nos 2/2019 s. 40(b), 31/2024 s. 113(Sch. 1 item 28.46(b)).\n\n(v) the number and types of public interest complaints investigated by Integrity Oversight Victoria;\n\nS. 68(1)(c) amended by No. 31/2024 s. 113(Sch. 1 item 28.46(b)).\n\n(c) any recommendations made by Integrity Oversight Victoria under section 63 during the financial year;\n\n(d) for each of those recommendations, the action taken by the relevant body in relation to the recommendation;\n\nS. 68(1)(e) amended by No. 31/2024 s. 113(Sch. 1 item 28.46(b)).\n\n(e) the number of applications for an injunction made by Integrity Oversight Victoria under section 50 during the financial year.\n\nS. 68(2)(a) amended by Nos 82/2012 s. 315(g), 31/2024 s. 113(Sch. 1 item 28.46(c)).\n\n(a) in addition to the matters required to be included in the report under section 91 of the **Integrity Oversight Victoria Act 2011**; and\n\n(b) subject to any restrictions on the inclusion of information imposed by that section.\n\n","sortOrder":92},{"sectionNumber":"69","sectionType":"section","heading":"Annual report by other investigating entities","content":"\t69 Annual report by other investigating entities\n\n(1) An investigating entity that is required under another Act to provide an annual report for a financial year must include in that report—\n\n(a) information about how to access the procedures established by the investigating entity under Part 9;\n\n(i) the number and types of disclosures notified to the IBAC under section 21(2) or 22;\n\nS. 69(1)(b)(ii) amended by No. 2/2019 s. 41.\n\n(ii) the number and types of public interest complaints referred to the investigating entity by the IBAC;\n\nS. 69(1)(b)(iii) amended by No. 2/2019 s. 41.\n\n(iii) the number and types of public interest complaints investigated by the investigating entity;\n\nS. 69(1)(b)(iv) amended by No. 2/2019 s. 41.\n\n(iv) the number and types of public interest complaints dismissed by the investigating entity;\n\n(c) the number of applications for an injunction made by the investigating entity under section 50 during the financial year.\n\n(a) in addition to the matters required to be included in the report under any other Act; and\n\n(b) subject to any restrictions on the inclusion of information imposed by section 71.\n\n","sortOrder":93},{"sectionNumber":"70","sectionType":"section","heading":"Annual report by public bodies that are not investigating entities","content":"\t70 Annual report by public bodies that are not investigating entities\n\n(1) A public body, other than an investigating entity, that is required under another Act to provide an annual report for a financial year must include in that report—\n\n(a) information about how to access the procedures established by the public body under Part 9; and\n\n(b) in the case of a public body that can receive disclosures made in accordance with Part 2—the number of disclosures notified to the IBAC under section 21(2) during the financial year.\n\n(a) in addition to the matters required to be included in the report under any other Act; and\n\n(b) subject to any restrictions on the inclusion of information imposed by section 71.\n\n","sortOrder":94},{"sectionNumber":"71","sectionType":"section","heading":"Information likely to lead to identification of person who has made assessable disclosure","content":"\t71 Information likely to lead to identification of person who has made assessable disclosure\n\n(1) The matters required to be included in a report under section 69(1) or 70(1) must not include information that is likely to lead to the identification of a person who has made an assessable disclosure.\n\n(2) However, a matter included in a report under section 69(1) or 70(1) may include information to which section 53(2)(a), (c) or (d) applies.\n\nS. 71A inserted by No. 2/2019 s. 42.\n\n","sortOrder":95},{"sectionNumber":"71A","sectionType":"section","heading":"Report by person engaged by the Integrity and Oversight Committee to investigate public interest complaint","content":"\t71A Report by person engaged by the Integrity and Oversight Committee to investigate public interest complaint\n\n(1) This section applies if an independent person engaged by the Integrity and Oversight Committee under Part 4A to investigate a public interest complaint has completed the investigation.\n\nS. 71A(2) amended by No. 31/2024 s. 113(Sch. 1 item 28.47(c)).\n\n(2) In the case of a public interest complaint that relates to the Chief Integrity Inspector, the independent person must report the findings of the investigation to—\n\n(a) the Integrity and Oversight Committee; and\n\n(b) the responsible Minister.\n\nS. 71A(3) amended by No. 31/2024 s. 113(Sch. 1 item 28.47  \n(a)–(c)).\n\n(3) In the case of a public interest complaint that relates to Integrity Oversight Victoria or an Integrity Oversight Victoria Officer, other than the Chief Integrity Inspector, the independent person must report the findings of the investigation to—\n\n(a) the Integrity and Oversight Committee; and\n\n(b) the responsible Minister; and\n\nS. 71A(3)(c) amended by No. 31/2024 s. 113(Sch. 1 item 28.47(c)).\n\n(c) the Chief Integrity Inspector.\n\n(4) The Integrity and Oversight Committee may cause a report under subsection (2) to be transmitted to each House of Parliament.\n\n(5) The Integrity and Oversight Committee must not include in a report transmitted to each House of Parliament—\n\nS. 71A(5)(a) amended by No. 31/2024 s. 113(Sch. 1 item 28.47(a)).\n\n(a) information that the Committee considers would prejudice any criminal proceeding, criminal investigation or investigation by the IBAC, the Ombudsman or Integrity Oversight Victoria; or\n\n(b) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit a criminal offence; or\n\n(c) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence; or\n\n(d) information that is likely to lead to the identification of a person who has made an assessable disclosure and is not information to which section 53(2)(a), (c) or (d) applies.\n\n(6) In this section—\n\nS. 71A(6) def. of *Chief Integrity Inspector* inserted by No. 31/2024 s. 113(Sch. 1 item 28.47 (d)(i)).\n\nS. 71A(6) def. of *Inspector* repealed by No. 31/2024 s. 113(Sch. 1 item 28.47 (d)(ii)).\n\nPart 11—General\n\nDivision 1—Offences and proceedings\n\n\t72 Offence to make false disclosure or provide false further information\n\nS. 72(1) amended by No. 2/2019 s. 43.\n\n(1) A person must not provide information under this Act that the person knows is false or misleading in a material particular, intending that the information be acted on as a public interest disclosure.\n\nS. 72(2) amended by No. 2/2019 s. 43.\n\n(2) A person must not provide further information, relating to a public interest disclosure made by the person, that the person knows is false or misleading in a material particular.\n\nS. 73 (Heading) amended by No. 2/2019 s. 44(1).\n\n","sortOrder":96},{"sectionNumber":"73","sectionType":"section","heading":"Offence to falsely claim disclosure is a public interest disclosure or is a public interest complaint","content":"\t73 Offence to falsely claim disclosure is a public interest disclosure or is a public interest complaint\n\nS. 73(1) amended by No. 2/2019 s. 44(2).\n\n(1) A person must not claim that a matter is the subject of a public interest disclosure knowing that claim to be false.\n\nS. 73(2) amended by Nos 2/2019 s. 44(3), 31/2024 s. 113(Sch. 1 item 28.48).\n\n(2) A person must not claim that a matter is the subject of a disclosure that the IBAC or Integrity Oversight Victoria has determined to be a public interest complaint knowing that claim to be false.\n\nS. 74 amended by Nos 37/2014 s. 10(Sch. item 134.8), 16/2016 s. 176, repealed by No. 2/2019 s. 45.\n\n","sortOrder":97},{"sectionNumber":"75","sectionType":"section","heading":"Power to bring proceedings","content":"\t75 Power to bring proceedings\n\nProceedings for an offence under this Act or the regulations made under this Act may be brought by—\n\n(a) the IBAC;\n\n(b) a sworn IBAC Officer within the meaning of section 3(1) of the **Independent Broad-based Anti-corruption Commission Act 2011** who is authorised by the Commissioner;\n\nS. 75(c) amended by No. 31/2024 s. 113(Sch. 1 item 28.49(a)).\n\n(c) Integrity Oversight Victoria;\n\nS. 75(d) amended by No. 31/2024 s. 113(Sch. 1 item 28.49).\n\n(d) an Integrity Oversight Victoria Officer who is authorised by Integrity Oversight Victoria;\n\nS. 75(e) substituted by No. 37/2014 s. 10(Sch. item 134.9).\n\n(e) a police officer.\n\nDivision 2—Miscellaneous\n\n","sortOrder":98},{"sectionNumber":"76","sectionType":"section","heading":"Protection of public officers","content":"\t76 Protection of public officers\n\n(a) a public officer of a receiving entity discloses—\n\n(i) information to another public officer of that entity in the course of handling a disclosure; or\n\n(ii) information in the course of notifying a disclosure to the IBAC under section 21 or 22; or\n\n(iii) information to the IBAC under section 23; and\n\n(b) the disclosure of the information is made in good faith; and\n\n(c) the disclosure is made in accordance with—\n\n(i) this Act and the regulations made under this Act; and\n\n(ii) the guidelines issued by the IBAC under Part 9; and\n\nS. 76(1)(c)(iii) amended by No. 37/2014 s. 10(Sch. item 134.10).\n\n(iii) the procedures of the receiving entity or, in the case of a member of Victoria Police personnel, the procedures of the Chief Commissioner of Police established under Part 9.\n\n(2) By disclosing the information, the public officer does not—\n\n(a) commit an offence under section 95 of the **Constitution Act 1975** or a provision of any other Act that imposes a duty to maintain confidentiality with respect to a matter or any other restriction on the disclosure of information; or\n\nS. 76(2)(b) amended by No. 6/2018 s. 68(Sch. 2 item 102).\n\n(b) breach an obligation by way of oath or affirmation or rule of law or practice or under an agreement requiring him or her to maintain confidentiality or otherwise restricting the disclosure of information with respect to a matter.\n\n(3) The public officer is not subject to any civil or criminal liability or any liability arising by way of administrative process (including disciplinary action) for disclosing the information.\n\nS. 76(4) def. of *public officer of a receiving entity* amended by No. 37/2014 s. 10(Sch. item 134.11).\n\n***public officer of a receiving entity*** means—\n\n(a) an employee, member or officer of the receiving entity; or\n\n(b) if the receiving entity is a public officer, that public officer; or\n\n(c) a member of Victoria Police personnel prescribed for the purposes of section 18;\n\n***receiving entity*** means an entity to which a disclosure may be made under Division 2 of Part 2.\n\nS. 77 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 28.50).\n\n","sortOrder":99},{"sectionNumber":"77","sectionType":"section","heading":"Immunity of the IBAC and Integrity Oversight Victoria and officers","content":"\t77 Immunity of the IBAC and Integrity Oversight Victoria and officers\n\nS. 77(1) amended by No. 31/2024 s. 113(Sch. 1 item 28.51).\n\n(1) The IBAC, an IBAC Officer, 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 duty or a function or the exercise of a power under this Act or the regulations made under this Act; or\n\n(b) in the reasonable belief that the act or omission was in the performance of a duty or a function or the exercise of a power under this Act or the regulations made under this Act.\n\nS. 77(2) amended by No. 31/2024 s. 113(Sch. 1 item 28.51).\n\n(2) Any liability resulting from an act or omission that would, but for subsection (1), attach to the IBAC, an IBAC Officer, Integrity Oversight Victoria or an Integrity Oversight Victoria Officer attaches instead to the State.\n\n","sortOrder":100},{"sectionNumber":"78","sectionType":"section","heading":"Exemption from Freedom of Information Act 1982","content":"\t78 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 any person or body, to the extent that the document discloses information that—\n\nS. 78(1)(a) amended by No. 2/2019 s. 46.\n\n(a) relates to a public interest disclosure; or\n\n(b) relates to an assessable disclosure; or\n\nS. 78(1)(c) amended by No. 2/2019 s. 46.\n\n(c) is likely to lead to the identification of a person who made a public interest disclosure.\n\n(2) In this section, ***document*** has the same meaning as it has in the **Freedom of Information Act 1982**.\n\n","sortOrder":101},{"sectionNumber":"79","sectionType":"section","heading":"Regulations","content":"\t79 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 may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstances;\n\n(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person.\n\nS. 80 repealed by No. 85/2012 s. 80(4).\n\n","sortOrder":102},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional and savings provisions","content":"Part 12—Transitional and savings provisions\n\n","sortOrder":103},{"sectionNumber":"81","sectionType":"section","heading":"Offence to reveal confidential information obtained or received under the Whistleblowers Protection Act 2001","content":"\t81 Offence to reveal confidential information obtained or received under the Whistleblowers Protection Act 2001\n\n(1) Subsection (2) applies if a person obtains or receives information in the course of or as a result of a protected disclosure, within the meaning of the **Whistleblowers Protection Act 2001**, or the investigation of a disclosed matter under that Act whether—\n\n(a) before the commencement of section 82; or\n\n(b) on or after the commencement of section 82 under the continued provisions of the **Whistleblowers Protection Act 2001**.\n\n(2) On or after the commencement of section 82, the person must not disclose the information referred to in subsection (1) except as provided in subsection (3).\n\nPenalty: 60 penalty units or 6 months imprisonment or both.\n\n(3) A person may disclose information referred to in subsection (1)—\n\n(a) for the purposes of the exercise of functions under the continued provisions of the **Whistleblowers Protection Act 2001** of the President of the Legislative Council, the Speaker of the Legislative Assembly, the Ombudsman, the Chief Commissioner of Police or a public body; or\n\n(b) in the case of information relating to the investigation of a disclosure made in accordance with Part 2 of the **Whistleblowers Protection Act 2001** that transfers from the Director to the IBAC under Schedule 1—as would be permitted under the **Independent Broad-based Anti-corruption Commission Act 2011** if the information had been disclosed under this Act or in the course of an investigation of a protected disclosure complaint under any Act; or\n\n(c) for the purposes of any proceeding in relation to an offence against section 22, 60 or 106 of the **Whistleblowers Protection Act 2001** or section 19 of the **Evidence Act 1958**; or\n\n(d) for the purposes of any criminal or disciplinary proceedings taken against a member of the police force as a result of an investigation of a disclosed matter by the Chief Commissioner of Police under Part 7 of the **Whistleblowers Protection Act 2001**; or\n\n(e) for the purposes of any report of recommendation to be made under any continued provision of the **Whistleblowers Protection Act 2001**; or\n\n(f) for the purposes of any report referred to in Part 9 of the **Whistleblowers Protection Act 2001**.\n\n***continued provision***, of the **Whistleblowers Protection Act 2001**, means a provision of that Act continued in force under Schedule 1;\n\n***Director*** has the same meaning as it has in section 3(1) of the **Whistleblowers Protection Act 2001**;\n\n***public body*** has the same meaning as it has in section 3(1) of the **Whistleblowers Protection Act 2001**.\n\n","sortOrder":104},{"sectionNumber":"82","sectionType":"section","heading":"Transitional and savings provisions","content":"\t82 Transitional and savings provisions\n\n","sortOrder":105},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"has effect.","content":"Schedule 1 has effect.\n\nNew s. 83 inserted by No. 2/2019 s. 47.\n\n\t83 Transitional provisions—Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019\n\n(1) In this section—\n\n***amending Act*** means the **Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019**;\n\n***commencement day*** means the day on which Part 2 of the amending Act comes into operation.\n\n(2) Despite its repeal by section 45 of the amending Act, section 74 as in force immediately before the commencement day continues to apply in relation to any disclosure notified to the IBAC before the commencement day until—\n\n(a) the fifth anniversary of the day on which the disclosure was notified to the IBAC; or\n\n(b) an investigating entity issues a confidentiality notice in respect of the information disclosed—\n\nwhichever occurs first.\n\nPt 13 (Heading and ss 83–174) repealed by No. 85/2012 s. 174.\n\nSchedule 1––Transitional and savings provisions\n\n\t1 Definitions\n\nIn this Schedule—\n\n***commencement day*** means the day on which section 83 comes into operation;\n\n***Director*** means the Director, Police Integrity under section 7 of the **Police Integrity Act 2008** as in force immediately before its repeal;\n\n***OPI*** means the Office of Police Integrity continued by section 5 of the **Police Integrity Act 2008** immediately before its repeal;\n\n***public body*** has the same meaning as it has in the **Whistleblowers Protection Act 2001**;\n\n***SIM*** means the Special Investigations Monitor appointed under section 5 of the **Major Crime (Special Investigations Monitor) Act 2004** as in force immediately before its repeal;\n\n***WPA*** means the **Whistleblowers Protection Act 2001** 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 WPA 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 WPA necessary to give effect to that continued provision; and\n\n(b) any regulations made under the WPA for the purposes of that continued provision.\n\n\t3 WPA continues to apply to disclosures made before commencement day\n\n(1) If before the commencement day a disclosure is made in accordance with Part 2 of the WPA, on and after the commencement day—\n\n(a) subject to any contrary provision in this Schedule, the WPA continues to apply to that disclosure despite the repeal of that Act; and\n\n(b) to avoid doubt, the protections under Part 3 of the WPA continue to apply to that disclosure.\n\n(2) Subclause (1)(b) applies whether the disclosure is investigated, or otherwise dealt with, as a disclosure under the WPA or as a protected disclosure complaint under this or any other Act.\n\n(3) Any provision of this Schedule that continues the operation of the WPA does not affect the generality of this clause.\n\n\t4 Disclosure assessed by the Ombudsman to be public interest disclosure\n\n(1) This clause applies if, on or after the commencement day, the Ombudsman determines under section 24 of the WPA that a disclosure made in accordance with Part 2 of that Act is a public interest disclosure.\n\n(2) The Ombudsman must—\n\n(a) despite the repeal of the WPA, commence an investigation of the disclosed matter under Division 3 of Part 5 of the WPA; or\n\n(b) notify the disclosure to the IBAC under section 21(2) of this Act; or\n\n(c) despite the repeal of the WPA, decide under section 40 of the WPA not to investigate the disclosed matter.\n\n(3) On and after the commencement day the Ombudsman must not refer a disclosure made under the WPA to another entity under section 41, 42, 43 or 44 of the WPA.\n\n(4) A disclosure notified to the IBAC under subclause (2)(b) is taken to be a protected disclosure complaint and must be dealt with by the IBAC in accordance with the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\n(5) The notification by the Ombudsman of a disclosure to the IBAC pursuant to subclause (2)(b) does not contravene section 22 of the WPA or section 80 of this Act.\n\n\t5 Disclosure made to the Director but not notified to Ombudsman\n\nIf, before the commencement day—\n\n(a) a disclosure has been made to the Director in accordance with Part 2 of the WPA; and\n\n(b) the Director has not referred the disclosure to the Ombudsman under section 34 or 36 of the WPA—\n\nthe disclosure is on the commencement day taken to have been made to the IBAC in accordance with Division 2 of Part 2 of this Act and must be dealt with by the IBAC as an assessable disclosure in accordance with this Act.\n\n\t6 Report by Ombudsman on investigation by Director\n\n(1) This clause applies if the Director has—\n\n(a) completed an investigation of a disclosed matter under Part 5 of the WPA; and\n\n(b) made a report to the Ombudsman under section 62 of the WPA on the completed investigation.\n\n(2) On and after the commencement day, the Ombudsman may—\n\n(a) make a written report on the results of the investigation to the IBAC; and\n\n(b) make recommendations as to the action to be taken as a result of the investigation.\n\n(3) On or after the commencement day, the Ombudsman must not make a report under section 63A or 103 of the WPA on the results of an investigation completed by the Director.\n\n\t7 Investigation of disclosure referred to the Director\n\n(a) a disclosed matter has been referred under section 43 of the WPA to the Director for investigation; and\n\n(b) the investigation of the matter has not commenced or has commenced but has not been completed.\n\n(2) For the purposes of subclause (1)(b), an investigation is taken not to have been completed if the Director has not made a report of the investigation to the Ombudsman under section 62 of the WPA.\n\n(3) On or after the commencement day, the disclosed matter is taken to be a protected disclosure complaint made to the IBAC and must be dealt with in accordance with the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\n(4) Subject to clause 7 of the Schedule to the **Independent Broad-based Anti-corruption Commission Act 2011**, the IBAC may, in any investigation of the disclosed matter under that Act, use or rely on any evidence given, or document or other thing produced in relation to the disclosed matter before the commencement day.\n\n\t8 Witness summons issued by the Director\n\n(1) This clause applies if a witness summons issued by the Director under section 17 of the **Evidence (Miscellaneous Provisions) Act 1958** is in force immediately before the commencement day in relation to an investigation by the Director under the WPA.\n\n(a) the witness summons remains in force on and after the commencement day; and\n\n(b) the provisions under the WPA relating to any associated examination or obligation to produce documents continue to apply in relation to the witness summons; and\n\n(c) the IBAC may on and after the commencement day exercise the same powers under section 18 of the **Evidence (Miscellaneous Provisions) Act 1958** in relation to the person summoned that the Director could exercise immediately before the commencement day; and\n\n(d) any confidentiality notice issued by the Director under section 61G of the WPA in relation to the witness summons that is in force immediately before the commencement day remains in force on and after the commencement day.\n\nSch. 1 cl. 8(3) amended by No. 82/2012 s. 316(a).\n\n(3) If the summons is directed to a person who is held in a prison or police gaol, the IBAC may give a direction under section 126 of the **Independent Broad-based Anti-corruption Commission Act 2011** in relation to that person.\n\n\t9 Pending application for search warrant\n\n(1) This clause applies if—\n\n(a) an application has been made for a search warrant by the Director under section 61C(1) of the WPA before the commencement day; and\n\n(b) a magistrate has not determined that application before that day.\n\n(a) a magistrate may determine that application on or after the commencement day; and\n\n(b) if a magistrate issues a warrant under section 61C(2) of the WPA in respect of that application, sections 61C to 61F of that Act continue to apply to the search warrant as if a reference in those sections to the Director were a reference to the IBAC.\n\n\t10 Search warrant\n\n(1) This clause applies to a search warrant issued under section 61C(2) of the WPA that is in force immediately before the commencement day.\n\n(a) the warrant continues in force in accordance with its terms; and\n\nSch. 1 cl. 10(2)(b) amended by No. 82/2012 s. 316(b).\n\n(b) subject to any conditions or limitations on his or her appointment, an IBAC Officer appointed to be an authorised officer under section 81 of the **Independent Broad-based Anti-corruption Commission Act 2011** is authorised to do anything that a person named in the warrant is authorised to do pursuant to the warrant or in the execution of the warrant; and\n\n(c) sections 61C to 61F of the WPA continue to apply to the warrant and anything done under the warrant as if a reference in those sections to the Director were a reference to the IBAC.\n\n\t11 Pending application for warrant to arrest a person\n\n(1) This clause applies if—\n\n(a) an application has been made for a warrant to arrest a person by the Director under section 61K(1) of the WPA before the commencement day; and\n\n(b) a magistrate has not determined that application before that day.\n\n(a) a magistrate may determine that application on or after the commencement day; and\n\n(b) if a magistrate issues a warrant under section 61K(2) of the WPA in respect of that application—\n\n(i) sections 61K and 61L of the WPA continue to apply in relation to the person arrested and held in custody pursuant to the warrant; and\n\n(ii) for those purposes, a reference to the Director in sections 61K and 61L of the WPA is taken to be a reference to the IBAC.\n\n\t12 Warrant to arrest a person\n\n(1) This clause applies to a warrant to arrest a person issued under section 61K(2) of the WPA that is in force immediately before the commencement day.\n\n(a) the warrant remains in force in accordance with its terms; and\n\nSch. 1 cl. 12(2)(b) amended by No. 82/2012 s. 316(c).\n\n(b) subject to any conditions or limitations on his or her appointment, an IBAC Officer appointed to be an authorised officer under section 81 of the **Independent Broad-based Anti-corruption Commission Act 2011** is authorised to do anything that a person named in the warrant is authorised to do pursuant to the warrant or in the execution of the warrant; and\n\n(c) sections 61K and 61L of the WPA continue to apply in relation to the person arrested and held in custody pursuant to the warrant; and\n\n(d) for those purposes, a reference to the Director in sections 61K and 61L of the WPA is taken to be a reference to the IBAC.\n\n\t13 Document and other things in possession of the Director\n\n(1) This clause applies subject to clauses 14 and 15.\n\n(2) Any document or thing seized by the Director from police personnel premises under section 61BC of the WPA that is in the possession of the Director immediately before the commencement day, is on the commencement day taken to have been seized by the IBAC under Division 3 of Part 4 of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\n(3) Any document or thing seized by the Director under a search warrant issued under section 61C of the WPA that is in the possession of the Director immediately before the commencement day, is on the commencement day taken to have been seized by the IBAC under Division 4 of Part 4 of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\n(4) If a document or thing—\n\n(a) is seized by the Director under section 61BC of the WPA from a public authority premises, other than police personnel premises; and\n\n(b) immediately before the commencement day, the document or thing is in the possession of the Director—\n\non and after the commencement day, section 61BH of the WPA continues to apply in relation to the thing or document as if a reference in that section to the Director were a reference to the IBAC.\n\n(5) For the purposes of this clause, ***police personnel premises*** has the same meaning as it has in the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\n\t14 Request for copy of thing or information seized\n\n(1) This clause applies to a request under section 61BD(1) of the WPA for a copy of a thing or information seized that has not been determined before the commencement day.\n\n(2) Despite the repeal of the WPA, section 61BD of that Act continues to apply to that request on and after the commencement day except that—\n\nSch. 1 cl. 14(2)(a) amended by No. 82/2012 s. 316(d).\n\n(a) subject to subclause (3), a reference in that section to a request made to an authorised officer is to be read as a reference to a request made to an IBAC Officer appointed to be an authorised officer under section 81 of the **Independent Broad-based Anti-corruption Commission Act 2011**; and\n\n(b) a reference in that section to the Director is to be read as a reference to the IBAC.\n\nSch. 1 cl. 14(3) amended by No. 82/2012 s. 316(d).\n\n(3) The exercise of a power or function by an IBAC Officer under section 61BD of the WPA pursuant to subclause (2)(a) is subject to any conditions or limitations on the IBAC Officer's appointment as an authorised officer under section 81 of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\n\t15 Application for return of document or thing seized\n\n(1) This clause applies to an application to the Magistrates' Court under section 61BG(1) of the WPA for the return of a document or thing seized that has not been determined before the commencement day.\n\n(2) Despite the repeal of the WPA, section 61BG of that Act continues to apply to that application on and after the commencement day as if a reference in that section to the Director is to be read as a reference to the IBAC.\n\n\t16 Claim of legal professional privilege made before commencement day\n\n(a) a person has claimed under section 61BB(3)(a) or 61BC(2)(a) of the WPA that a document or thing is the subject of legal professional privilege; and\n\n(b) the Magistrates' Court has not determined whether or not the document or thing is the subject of legal professional privilege.\n\nSch. 1 cl. 16(2)(a) amended by No. 82/2012 s. 316(d).\n\n(a) the procedure under section 61BE of the WPA continues to apply to the handling of the document or thing as if a reference in that section to an authorised officer were a reference to an IBAC Officer appointed to be an authorised officer under section 81 of the **Independent Broad-based Anti-corruption Commission Act 2011**; and\n\n(b) section 61C of the WPA continues to apply as if a reference in that section to the Director were a reference to the IBAC; and\n\n(c) the Magistrates' Court must make its decision under section 61BF of the WPA.\n\n\t17 Claim of legal professional privilege made on or after commencement day\n\nSch. 1 cl. 17(1) amended by No. 82/2012 s. 316(e).\n\n(1) Any claim that a document or thing is the subject of legal professional privilege made on or after the commencement day must be dealt with in accordance with the **Independent Broad-based Anti-corruption Commission Act 2011** and the claim determined by the Supreme Court under section 101 of that Act.\n\n(2) Subclause (1) applies even if the document or thing is the subject of a warrant issued under the WPA.\n\n\t18 Direction given by the Director\n\nSch. 1 cl. 18(1) amended by No. 82/2012 s. 316(f)(i).\n\n(1) A direction given by the Director under section 55(1) of the WPA that is in force immediately before the commencement day is on the commencement day taken to have been given by the IBAC under section 84(2) of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\nSch. 1 cl. 18(2) amended by No. 82/2012 s. 316(f)(ii).\n\n(2) A direction given by the Director under section 61L(2) of the WPA that is in force immediately before the commencement day is on the commencement day taken to have been given by the IBAC under section 126(1) of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\n\t19 Transmission of report to Parliament\n\n(1) This clause applies if, before the commencement day, the Director is required under section 103A of the WPA to cause a report to be transmitted to each House of Parliament.\n\n(2) On or after the commencement day, the IBAC may cause the report to be transmitted to each House of the Parliament if the Director has not already done so.\n\n\t20 Disclosure made to the Chief Commissioner of Police but not notified to Ombudsman\n\nIf, before the commencement day—\n\n(a) a disclosure has been made to the Chief Commissioner of Police in accordance with Part 2 of the WPA; and\n\n(b) the Chief Commissioner of Police has not referred the disclosure to the Ombudsman under section 29 or 31 of the WPA—\n\nthe disclosure is on the commencement day taken to have been made to the Chief Commissioner of Police in accordance with Division 2 of Part 2 of this Act and must be notified to the IBAC under section 21(2) of this Act.\n\n\t21 Investigation completed by Chief Commissioner of Police\n\n(1) This clause applies if the Chief Commissioner of Police has completed an investigation of a disclosed matter under Part 7 of the WPA.\n\n(a) Division 3 of Part 7 of the WPA applies to the investigation; and\n\n(b) the Ombudsman may make a written report of the results of the investigation in accordance with section 103 of the WPA.\n\n\t22 Investigation commenced but not completed by Chief Commissioner of Police\n\n(1) This clause applies if the Chief Commissioner of Police has commenced but not completed an investigation of a disclosed matter under Part 7 of the WPA before the commencement day.\n\n(2) On and after the commencement day the Chief Commissioner of Police must continue the investigation of the disclosed matter as if it were a protected disclosure complaint referred to the Chief Commissioner of Police under the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\n\t23 Investigation by Chief Commissioner of Police taken over by the Ombudsman\n\n(1) This clause applies if the Ombudsman—\n\n(a) has taken over an investigation by the Chief Commissioner of Police under section 86 of the WPA before the commencement day; and\n\n(b) has not completed that investigation before that day.\n\n(2) Despite the repeal of the WPA, on and after the commencement day, the Ombudsman must deal with the disclosed matter in accordance with that Act.\n\n\t24 Disclosure made to a public body before the commencement day\n\n(a) a disclosure has been made to a public body, other than the Chief Commissioner of Police, in accordance with Part 2 of the WPA; and\n\n(b) the public body has not referred the disclosure to the Ombudsman under section 29 or 31 of the WPA.\n\n(2) On and after the commencement day—\n\n(a) the public body must notify the disclosure to the IBAC no later than 28 days after the commencement day; and\n\n(b) the disclosure must be dealt with by the IBAC as if it were an assessable disclosure in accordance with this Act.\n\n","sortOrder":106},{"sectionNumber":"25","sectionType":"section","heading":"Investigation by public body","content":"\t25 Investigation by public body\n\n(1) This clause applies if a public body, other than the Chief Commissioner of Police, has commenced but not completed the investigation of a disclosed matter under the WPA before the commencement day.\n\n(2) Despite the repeal of the WPA, on and after the commencement day, the public body must—\n\n(a) complete the investigation of the disclosure under the WPA; and\n\n(b) without limiting paragraph (a)—\n\n(i) provide information to the Ombudsman about the progress of the investigation in accordance with section 80 of the WPA; and\n\n(ii) report to the Ombudsman on the completion of the investigation in accordance with section 82 of the WPA; and\n\n(iii) have regard to the procedures established by the public body under section 68 of the WPA and the guidelines prepared and established by the Ombudsman under section 69 of the WPA.\n\n\t26 Investigation by public body taken over by the Ombudsman\n\n(1) This clause applies if the Ombudsman—\n\n(a) has taken over an investigation by a public body, other than the Chief Commissioner of Police, under section 75 of the WPA before the commencement day; and\n\n(b) has not completed that investigation before that day.\n\n(2) Despite the repeal of the WPA, on and after the commencement day, the Ombudsman must deal with the disclosed matter in accordance with that Act.\n\n\t27 Disclosure made to a Presiding Officer\n\n(1) This clause applies if a disclosure has been made to a Presiding Officer in accordance with Part 2 of the WPA but has not been referred under section 96 of that Act to the Ombudsman before the commencement day.\n\n(2) On and after the commencement day—\n\n(a) the Presiding Officer may notify the disclosure to the IBAC; and\n\n(b) if the disclosure is notified to the IBAC, the disclosure is taken to be an assessable disclosure and must be dealt with by the IBAC in accordance with this Act.\n\n\t28 Disclosure referred by a Presiding Officer to the Ombudsman\n\n(1) This clause applies if a disclosure has been referred to the Ombudsman by a Presiding Officer before the commencement day.\n\n(2) Despite the repeal of the WPA, on and after the commencement day, the Ombudsman must deal with the disclosed matter in accordance with that Act.\n\n\t29 Disclosure made after the commencement day\n\n(1) Subclause (2) applies if—\n\n(a) a disclosure is made at any time no later than 6 months after the commencement day; and\n\n(b) had the disclosure been made before the commencement day, it would be a disclosure made in accordance with Part 2 of the WPA; and\n\n(c) the disclosure is not an assessable disclosure.\n\n(2) Despite anything to the contrary in this Act, on and after the commencement day—\n\n(a) if the disclosure is made to a Presiding Officer, the Presiding Officer may notify the disclosure to the IBAC;\n\n(b) in any other case, the entity to which the disclosure is made must notify the disclosure to the IBAC no later than 28 days after the disclosure is made.\n\n(3) A disclosure notified to the IBAC under subclause (2) is taken to be an assessable disclosure and must be dealt with by the IBAC in accordance with this Act.\n\n\t30 Exemptions from Freedom of Information Act 1982\n\nDespite the repeal of the WPA, section 109 of that Act continues to apply to any document specified in that section.\n\nSch. 1 cl. 31 amended by No. 82/2012 s. 316(g).\n\n\t31 Reference to Director's functions in annual report of the IBAC\n\nOn and after the commencement day, a reference in section 165 of the **Independent Broad-based Anti-corruption Commission Act 2011** to the performance of the IBAC's duties and functions is to be read as including a reference to the performance by the IBAC of any duties and functions under the WPA pursuant to this Schedule during the financial year to which the annual report relates.\n\n\t32 Investigations by the Special Investigations Monitor\n\n(1) This clause applies if, before the commencement day, the Special Investigations Monitor has received a complaint under section 105E of the WPA and either has not commenced or has not completed an investigation of the complaint.\n\nSch. 1 cl. 32(2) amended by Nos 82/2012 s. 316(h), 31/2024 s. 113(Sch. 1 item 28.52(a)).\n\n(2) On or after the commencement day, the complaint is taken to be a complaint made to Integrity Oversight Victoria under section 43 of the **Integrity Oversight Victoria Act 2011** and must be dealt with in accordance with that Act.\n\nSch. 1 cl. 32(3) amended by No. 31/2024 s. 113(Sch. 1 item 28.52(a)).\n\n(3) Subject to clause 8 of the Schedule to the **Integrity Oversight Victoria Act 2011**, Integrity Oversight Victoria may, in any investigation of the complaint under that Act, use or rely on any evidence given or document or other thing produced in relation to the complaint before the commencement day.\n\nSch. 1 cl. 33 amended by No. 31/2024 s. 113(Sch. 1 item 28.52(b)).\n\n\t33 Complaint regarding examination under the WPA\n\nA complaint that could be made to the Special Investigations Monitor in accordance with section 105E of the WPA had that Act not been repealed may, on and after the commencement day, be made to Integrity Oversight Victoria.\n\nUnder section 105E of the WPA a person who has attended the Director in the course of an investigation under the WPA may make a complaint within 3 days after the person was excused from attendance. Consequently, this clause would only apply to a complaint in relation to an attendance occurring 3 days or less before the repeal of the WPA.\n\nSch. 1 cl. 34 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 28.52(c)).\n\n\t34 Actions taken by Integrity Oversight Victoria under clause 32 or 33\n\nFor the purposes of clause 32 and 33—\n\nSch. 1 cl. 34(a) amended by Nos 82/2012 s. 316(i), 31/2024 s. 113(Sch. 1 item 28.52(d)).\n\n(a) section 47 of the **Integrity Oversight Victoria Act 2011** (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\nSch. 1 cl. 34(b) amended by Nos 82/2012 s. 316(j), 31/2024 s. 113(Sch. 1 item 28.52(d)).\n\n(b) section 48(1) of the **Integrity Oversight Victoria Act 2011** applies as if a reference to an investigation in relation to the IBAC or IBAC personnel under Part 3 were a reference to an investigation under this clause;\n\nSch. 1 cl. 34(c) amended by No. 31/2024 s. 113(Sch. 1 item 28.52(d)).\n\n(c) Division 2 of Part 3 of the **Integrity Oversight Victoria Act 2011** 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\nSch. 1 cl. 34(d) amended by No. 31/2024 s. 113(Sch. 1 item 28.52(d)).\n\n(d) Divisions 3 and 4 of Part 3 of the **Integrity Oversight Victoria Act 2011** apply;\n\nSch. 1 cl. 34(e) amended by Nos 82/2012 s. 316(k), 31/2024 s. 113(Sch. 1 item 28.52(d)).\n\n(e) section 78 of the **Integrity Oversight Victoria Act 2011** 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\nSch. 1 cl. 34(f) amended by Nos 82/2012 s. 316(l), 31/2024 s. 113(Sch. 1 item 28.52(d)).\n\n(f) section 79(3) of the **Integrity Oversight Victoria Act 2011** 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\nSch. 1 cl. 34(g) amended by Nos 82/2012 s. 316(m), 31/2024 s. 113(Sch. 1 item 28.52(d)).\n\n(g) sections 87 and 88 of the **Integrity Oversight Victoria Act 2011** apply;\n\nSch. 1 cl. 34(h) amended by Nos 82/2012 s. 316(n), 31/2024 s. 113(Sch. 1 item 28.52(d)).\n\n(h) section 89(1) (except paragraph (b)) of the **Integrity Oversight Victoria Act 2011** 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\nSch. 1 cl. 34(i) amended by Nos 82/2012 s. 316(o), 31/2024 s. 113(Sch. 1 item 28.52(d)).\n\n(i) section 90 of the **Integrity Oversight Victoria Act 2011** applies.\n\nSch. 1 cl. 35 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 28.52(e)).\n\n\t35 Reports to Integrity Oversight Victoria\n\nSch. 1 cl. 35(1) amended by No. 82/2012 s. 316(p).\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 summons issued by the Director under section 17 of the **Evidence (Miscellaneous Provisions) Act 1958** unless the Director has given a written report on the summons to the SIM under section 105B of the WPA before the commencement day.\n\nSch. 1 cl. 35(2) amended by No. 82/2012 s. 316(q).\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 a warrant to arrest a person issued under section 61K(2) of the WPA unless the Director has given a written report on the warrant to the SIM under section 105C of the WPA before the commencement day.\n\nSch. 1 cl. 35(3) amended by No. 82/2012 s. 316(r).\n\n(3) 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, made under section 61BA of the WPA, and any transcript of an attendance by a person in the course of an investigation by the Director under the WPA or in compliance with a summons under section 17 of the **Evidence (Miscellaneous Provisions) Act 1958** unless the Director has given a written report on and a copy video‑recording and any transcript of the attendance to the SIM under section 105D of the WPA before the commencement day.\n\nSch. 1 cl. 35(4) amended by Nos 82/2012 s. 316(s), 31/2024 s. 113(Sch. 1 item 28.52(f)).\n\n(4) On and from the commencement day, the IBAC must comply with a requirement of Integrity Oversight Victoria under section 40 of the **Integrity Oversight Victoria Act 2011** in relation to an attendance referred to in subclause (3) occurring before the commencement day as if that attendance were an examination of a person by the IBAC unless the Director has given a written report on and a copy video recording and any transcript of the attendance to the SIM under section 105D of the WPA before the commencement day.\n\n\t36 Annual report of Victorian Inspectorate\n\nSch. 1 cl. 36(1) amended by No. 82/2012 s. 316(t).\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) of the **Victorian Inspectorate Act 2011** 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 WPA 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 105L(1) of the WPA 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 105L(1) of the WPA for the financial year ending before the commencement day but that report has not been laid before each House of the Parliament under section 105L of the WPA, the Victorian Inspectorate must cause that report to be laid before each House of the Parliament in accordance with the applicable requirements of section 105L of the WPA 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 WPA, the Victorian Inspectorate may prepare a report referred to in those subclauses as a separate report and cause the report to be laid before each House of the Parliament in accordance with section 105L of the WPA as in force immediately before its repeal; or\n\nSch. 1 cl. 36(4)(b) amended by No. 82/2012 s. 316(u).\n\n(b) if the report relates to a partial financial year completed before the repeal of the WPA, the Victorian Inspectorate may prepare a report referred to in those subclauses as part of its own annual report under section 91 of the **Victorian Inspectorate Act 2011**.\n\nSch. 2 inserted by No. 2/2019 s. 48, amended by Nos 9/2020 s. 390(Sch. 1 item 84.5), 50/2021 s. 141, 31/2023 s. 55, 31/2024 s. 113(Sch. 1 item 28.53).\n\nSchedule 2—Persons permitted to receive public interest disclosure on behalf of entity\n\nSection 12(5)\n\nTable\n\n|  | *Column 1*<br>*Receiving entity* | *Column 2*<br>*Permitted person* |\n| --- | --- | --- |\n| 1 | The IBAC | An IBAC Officer |\n| 2 | The Ombudsman | An Ombudsman officer |\n| 3 | Integrity Oversight Victoria | An Integrity Oversight Victoria Officer |\n| 4 | Victoria Police | A member of Victoria Police personnel with a rank, including an acting rank, of sergeant or above; or<br>in the case of a disclosure made by a person who is a member of Victoria Police personnel—a direct or indirect manager or supervisor of that person |\n| 5 | A public service body | The Head of the public service body within the meaning of the **Public Administration Act 2004**; or<br>a person identified as a person who may receive disclosures in the procedures<br>established by the public service body under section 58; or<br>in the case of a disclosure made by a person who is a member, officer or employee of the public service body—a direct or indirect manager or supervisor of that person |\n| 6 | A Council | The Chief Executive Officer of the Council within the meaning of the **Local Government Act 2020**; or<br>a person identified as a person who may receive disclosures in the procedures established by the Council under section 58; or<br>in the case of a disclosure made by a person who is a member, officer or employee of the Council—a direct or indirect manager or supervisor of that person |\n| 7 | The Judicial Commission of Victoria | The Director of the Judicial Commission of Victoria |\n| 8 | The Integrity and Oversight Committee | A member of the Integrity and Oversight Committee |\n| * * * * * | | |\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: 14 November 2012*\n\n *Legislative Council: 29 November 2012*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to encourage and facilitate disclosures of improper conduct by public officers, public bodies and other persons or of detrimental action taken in reprisal for a disclosure, to provide protection for persons who make those disclosures and to provide for the confidentiality of the content of those disclosures and the identity of persons who make those disclosures, to make related amendments to other Acts, to repeal the **Whistleblowers Protection Act 2001** and for other purposes.\"\n\nThe **Protected Disclosure Act 2012** was assented to on 18 December 2012 and came into operation on 10 February 2013: Special Gazette (No. 32) 6 February 2013 page 2.\n\nThe title of this Act was changed from the **Protected Disclosure Act 2012** to the **Public Interest Disclosures** **Act 2012** by section 4 of the **Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019**, No. 2/2019.\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 **Public Interest Disclosures Act 2012** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012**\n\n| *Assent Date:* | 18.12.12 |\n| *Commencement Date:* | Ss 315, 316 on 11.2.13: s. 2(5) |\n| *Current State:* | This information relates only to the provision/s amending the **Public Interest Disclosures** **Act 2012** |\n\n**Protected Disclosure Act 2012, No. 85/2012**\n\n| *Assent Date:* | 18.12.12 |\n| *Commencement Date:* | S. 174 on 10.2.14: s. 174; s. 80(4) on 10.2.15: s. 80(4) |\n| *Current State:* | This information relates only to the provision/s amending the **Public Interest Disclosures** **Act 2012** |\n\n**Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013**\n\n| Assent Date: | 26.2.13 |\n| Commencement Date: | S. 64 on 17.4.13: Special Gazette (No. 141) 16.4.13 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Public Interest Disclosures** **Act 2012** |\n\n**Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013**\n\n| Assent Date: | 6.11.13 |\n| Commencement Date: | S. 95 on 1.2.14: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Public Interest Disclosures** **Act 2012** |\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 77) 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 **Public Interest Disclosures** **Act 2012** |\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 134) 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 **Public Interest Disclosures** **Act 2012** |\n\n**Privacy and Data Protection Act 2014, No. 60/2014**\n\n| Assent Date: | 2.9.14 |\n| Commencement Date: | S. 140(Sch. 3 item 37) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Public Interest Disclosures** **Act 2012** |\n\n**Inquiries Act 2014, No. 67/2014**\n\n| Assent Date: | 23.9.14 |\n| Commencement Date: | S. 147(Sch. 2 item 29) 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 **Public Interest Disclosures** **Act 2012** |\n\n**Judicial Commission of Victoria Act 2016, No. 16/2016**\n\n| *Assent Date:* | 19.4.16 |\n| *Commencement Date:* | Ss 167–176 on 1.7.17: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Public Interest Disclosures** **Act 2012** |\n\n**Health Complaints Act 2016, No. 22/2016**\n\n| Assent Date: | 3.5.16 |\n| Commencement Date: | S. 241 on 1.2.17: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Public Interest Disclosures** **Act 2012** |\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 84, 85 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 **Public Interest Disclosures** **Act 2012** |\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: | S. 134(Sch. 1 item 14) on 1.9.17: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Public Interest Disclosures** **Act 2012** |\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 102) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Public Interest Disclosures** **Act 2012** |\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 4–48 on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Public Interest Disclosures** **Act 2012** |\n\n**Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019**\n\n| Assent Date: | 13.3.19 |\n| Commencement Date: | S. 37 on 1.7.19: Special Gazette (No. 215) 4.6.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Public Interest Disclosures** **Act 2012** |\n\n**Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, No. 5/2019**\n\n| Assent Date: | 19.3.19 |\n| Commencement Date: | S. 83 on 20.3.19: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Public Interest Disclosures** **Act 2012** |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 item 84) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Public Interest Disclosures Act 2012** |\n\n**Special Investigator Act 2021, No. 50/2021**\n\n| Assent Date: | 30.11.21 |\n| Commencement Date: | Ss 136–141 on 1.12.21: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Public Interest Disclosures Act 2012** |\n\n**Special Investigator Repeal Act 2023, No. 31/2023**\n\n| Assent Date: | 8.11.23 |\n| Commencement Date: | Ss 50–55 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 **Public Interest Disclosures Act 2012** |\n\n**Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024**\n\n| Assent Date: | 20.8.24 |\n| Commencement Date: | Ss 148–158 on 31.12.24: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Public Interest Disclosures Act 2012** |\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 62–65 on 11.9.24: s. 2(1); s. 113(Sch. 1 item 28) 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 **Public Interest Disclosures Act 2012** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 3 def. of ***assessable disclosure***: The amendment proposed by section 113(Schedule 1 item 28.1(b)) of the **Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024**, No. 31/2024 has been only partially applied due to the earlier repeal of paragraph (b) of the definition of ***assessable disclosure*** by section 148(b) of the **Parliamentary Workplace Standards and Integrity Act 2024**, No. 27/2024.\n\n  Section 113(Schedule 1 item 28.1(b)) reads as follows:\n\n   **28 Public Interest Disclosures Act 2012**\n\n  28.1 In section 3—\n\n  (b) in the definition of ***assessable disclosure***, in paragraphs (a), (b), (c) and (e), for \"the Victorian Inspectorate\" **substitute** \"Integrity Oversight Victoria\"; [↑](#endnote-ref-1)\n\n2. S. 25 (*repealed*): The amendment proposed by section 113(Schedule 1 item 28.10) of the **Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024**, No. 31/2024 is not included in this publication due to the earlier repeal of section 25 by section 155 of the **Parliamentary Workplace Standards and Integrity Act 2024**, No. 27/2024.\n\n  Section 113(Schedule 1 item 28.10) reads as follows:\n\n   **28 Public Interest Disclosures Act 2012**\n\n  28.10 In section 25(2), for \"the Victorian Inspectorate\" **substitute** \"Integrity Oversight Victoria\". [↑](#endnote-ref-2)","sortOrder":107}],"analysis":{"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"},"kimi_summary":{"_metrics":{"completionTokens":908},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2012 form. The 2019 amendments (Integrity and Accountability Legislation Amendment Act) introduced: (1) Integrity Oversight Victoria as a new oversight body replacing the Victorian Inspectorate, creating a three-body assessment system; (2) the Integrity and Oversight Committee with independent investigator engagement powers; (3) external disclosure pathways; (4) anonymous disclosure provisions; (5) expanded definitions of improper conduct; and (6) new Part 4A for parliamentary-level investigations. The 2024 amendments further expanded coverage to include the Parliamentary Workplace Standards and Integrity Commission and refined the Integrity Oversight Victoria framework. The original Act was essentially a rebrand of the Whistleblowers Protection Act 2001; it is now a substantially more complex multi-layered integrity system."},"complexity_factors":["Multiple overlapping integrity bodies with distinct but interconnected roles (IBAC, Integrity Oversight Victoria, Integrity and Oversight Committee)","Extensive cross-referencing to other Acts (IBAC Act, Integrity Oversight Victoria Act, Parliamentary Committees Act, etc.)","Conditional disclosure pathways — who you must report to depends on complex categorisation of the subject (14 different mandatory pathways in s.14)","Nested definitions: 'improper conduct' defined by reference to 'corrupt conduct' (defined in another Act) plus 8 additional categories with sub-clauses","Anonymous disclosure provisions create exceptions to normal notification requirements","Assessment and determination process with multiple stages: notification → assessment → determination → potential further assessment → investigation","Extensive confidentiality provisions with 13 specific exceptions in s.54","Transitional provisions preserving old Whistleblowers Protection Act matters for up to 5 years","Schedule 2 table of 'permitted persons' creates additional conditional logic for valid recipients","External disclosure provisions (s.38A) with 4 cumulative conditions and 2 alternative trigger scenarios"],"plain_english_summary":"This is Victoria's **whistleblower protection law** — it creates a legal framework for people to report wrongdoing in the public sector without fear of retaliation.\n\n**What it does:**\n- **Encourages reporting** of \"improper conduct\" by public officers, public bodies, or others — this includes corruption, criminal offences, serious professional misconduct, dishonest performance of public functions, misuse of information, substantial mismanagement of public resources, or risks to health, safety or the environment\n- **Protects whistleblowers** from \"detrimental action\" (bullying, demotion, sacking, harassment, etc.) taken as revenge for making a disclosure\n- **Keeps disclosures confidential** — both the content and the whistleblower's identity are protected\n- **Sets up a system** where disclosures are assessed by integrity bodies (IBAC, Integrity Oversight Victoria, or the Integrity and Oversight Committee) to determine if they qualify as \"public interest complaints\" warranting investigation\n\n**Who can make a disclosure:**\nAny natural person (individual), including anonymously. Disclosures can be made to various entities depending on who the complaint is about — for example, disclosures about police go to IBAC or Victoria Police; disclosures about IBAC itself go to Integrity Oversight Victoria; disclosures about MPs go to the Speaker/President or Parliamentary Workplace Standards and Integrity Commission.\n\n**Key protections:**\n- **Immunity from liability** — you can't be sued or prosecuted for making a disclosure (unless you knowingly provide false information)\n- **Confidentiality overrides** — normal secrecy laws don't apply\n- **Defamation defence** — absolute privilege protects you from defamation claims\n- **Anti-reprisal measures** — criminal penalties (up to 2 years jail) for anyone who takes revenge, plus civil damages and potential reinstatement\n- **Transfer rights** — employees can request transfer if they reasonably fear reprisal\n\n**External disclosures:**\nIf the system fails you — no action within 6 months, or investigation drags past 12 months without resolution — you can go \"external\" to media or others while keeping protections.\n\n**Why it matters:**\nThis law tries to solve the classic whistleblower dilemma: how to expose serious wrongdoing without destroying your career. It creates structured pathways, independent oversight, and meaningful legal consequences for retaliation."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act has materially expanded beyond the original, narrow role of replacing the Whistleblowers Protection Act 2001 to a broader, layered public interest disclosure system. Amendments over time have: (a) broadened definitions of improper conduct (s 4) to include environmental and substantial mismanagement risks and conduct by private persons that affects public functions (s 4(c)); (b) introduced and integrated new oversight bodies (Integrity Oversight Victoria, the Integrity and Oversight Committee, the Parliamentary Workplace Standards and Integrity Commission) and added the power for a parliamentary committee to engage independent investigators (Part 4A, ss 33A–33F); (c) created an external disclosure pathway with conditions (s 38A); (d) expanded the roster of \"investigating entities\" and the circumstances in which disclosures must be notified to central assessors (ss 3, 21–22); and (e) strengthened procedural and confidentiality regimes (Parts 6–7) and reporting and review obligations (Parts 9–10). Those changes increased the Act’s operational scope, added multiple new decision‑makers and procedural routes, and inserted additional protections and exceptions that go beyond the original, simpler whistleblower replacement model."},"complexity_factors":["Long Act with many Parts, Divisions and Schedules (multiple procedural layers across Parts 1–12 and Schedules).","Extensive interpretation section (s 3) with 50+ defined terms and multiple definitions amended or inserted by later Acts (IBAC, Integrity Oversight Victoria, Public Interest Monitor, assessing/assessable disclosure, investigating entity, etc.).","Heavy cross‑referencing to at least a dozen other Acts (Independent Broad‑based Anti‑corruption Commission Act 2011; Integrity Oversight Victoria Act 2011; Ombudsman Act 1973; Judicial Commission of Victoria Act 2016; Victoria Police Act 2013; Local Government Act 2020; Freedom of Information Act 1982; Parliamentary Workplace Standards and Integrity Act 2024; and others).","Multiple conditional pathways and decision points (who to notify, when an entity must notify the IBAC/Integrity Oversight/Committee, when a disclosure is 'misdirected' or 'external', and when a disclosure is or is not a public interest complaint) producing nested logic across Parts 2–4 and Part 4A.","Numerous exceptions and carve‑outs (e.g. trivial conduct excluded s 4(2), exclusions for certain bodies s 9(3), management action permitted s 44, confidentiality exceptions s 52–54) resulting in many edge cases.","Time limits and procedural obligations (multiple 28‑day notification limits, reasonable timeframes for determinations) coupled with duties to provide written advice — creates compliance complexity for entities (ss 21, 24, 26–31).","Significant penalties and remedies across civil, criminal and administrative domains (penalty units, imprisonment, damages, injunctions), requiring interface with courts and other enforcement bodies (ss 45–49, 72–73).","Transitional and savings provisions preserve and convert elements of the repealed Whistleblowers Protection Act 2001 (Part 12 and Schedule 1), adding historical complexity and legacy procedures to current operation."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes a statutory scheme for making, assessing and handling public interest disclosures (often called whistleblower reports) in Victoria. Key procedural steps are:\n  - A person may disclose information about \"improper conduct\" or retaliatory (detrimental) action (see s 4 and s 9).\n  - Disclosures may be made to a list of entities (IBAC, Integrity Oversight Victoria, the Ombudsman, Victoria Police, Councils, Presiding Officers, certain public service bodies and others) depending on who or what the disclosure concerns (ss 12–18, 13–14, Schedule 2).\n  - Receiving entities must notify certain disclosures to an appropriate central assessor (the IBAC, Integrity Oversight Victoria or the Parliamentary Integrity and Oversight Committee) within statutory timeframes (generally 28 days) for assessment (ss 21–24).\n  - The assessing body determines whether a disclosure is a \"public interest complaint\" (ss 26, 31, 31B). If it is, the matter is dealt with under the relevant investigating Act (for IBAC, under the IBAC Act; for Integrity Oversight Victoria, under its Act; for the Committee, by engaging an independent investigator — Part 4A).\n- Provides protections to people who make qualifying disclosures: immunity from civil/criminal/disciplinary liability for the act of disclosure (subject to exceptions), absolute privilege in defamation proceedings, confidentiality protections for content and identity, and specific remedies (criminal penalties, civil damages, injunctions) against reprisals (Parts 6 and 7, ss 39–53, 45–49).\n- Imposes duties on public bodies and other recipients to establish procedures, follow IBAC guidelines, manage welfare and report statistics in annual reports (Part 9, ss 57–63, Part 10, ss 67–71).\n- Creates offences for false or misleading disclosures and for improper claims about a matter being a public interest disclosure (ss 72–73). It also restricts disclosure of assessable disclosure information and exempts certain material from FOI (ss 52–54, 78).\n- Contains transitional provisions to carry over matters from the repealed Whistleblowers Protection Act and to manage existing investigations and powers (Part 12 and Schedules).\n\n**Who is affected**\n\n- Persons who make disclosures (employees, contractors, private citizens) — they gain statutory protections when they make qualifying disclosures (Part 6).\n- Public officers and public bodies across the Victorian public sector — they are the principal subjects of the regime and must establish procedures, protect disclosers and may be investigated (ss 6, 58, 59, 55, 56).\n- Specialist oversight bodies and investigators — IBAC, Integrity Oversight Victoria, the Ombudsman, Victoria Police, the Judicial Commission, the Parliamentary Integrity and Oversight Committee and others are given roles in receiving, assessing or investigating disclosures (Parts 3–4, 55–56A).\n- Managers and employers in the public sector — they must avoid reprisals, may lawfully take non‑retaliatory management action and may be vicariously liable for staff reprisals (ss 44–48, 51).\n- People who are the subject of disclosures — they are afforded procedural protections through confidentiality rules and the investigatory framework (Part 7, ss 52–54).\n\n**Why it matters (claimed purpose and operational consequences)**\n\n- The Act states its purpose in s 1: to encourage disclosures of improper conduct and reprisals, to provide protections to disclosers and related persons, to ensure disclosures are properly assessed and where necessary investigated, and to protect confidentiality.\n\nTesting those claims against practical trade-offs and implementation mechanics:\n\n- Incentives and behaviour: the Act reduces legal and professional risks for people who report wrongdoing (immunity, defamation privilege, confidentiality). That increases the incentive to report internally and to independent oversight bodies (ss 39, 41, 52–53). At the same time, explicit offences for false disclosures (s 72) and for falsely claiming a matter is a public interest disclosure (s 73) create deterrence against malicious or frivolous reporting.\n\n- Administrative burden and costs: public bodies must establish procedures, train staff, and implement protections (ss 57–59). Those are direct implementation costs borne by agencies (and ultimately the State). IBAC and Integrity Oversight Victoria have obligations to issue guidelines, assess disclosures, review other bodies’ procedures and report statistics (ss 55–56, 57), which requires resourcing and capacity.\n\n- Discretion and decision‑making: assessment of what is a \"public interest complaint\" rests with statutory bodies (IBAC, Integrity Oversight Victoria, Integrity and Oversight Committee). That concentrates decision authority in independent oversight agencies but creates discretionary triggers — e.g., the IBAC may decline to treat a notified disclosure as a public interest complaint if another body is better placed or the matter has been adequately dealt with (s 26(5)–(6)). Those decisions create implementation risk (delays, inconsistent screening) and potential for contest about appropriate handling.\n\n- Confidentiality vs transparency trade‑offs: the Act creates strong confidentiality protections (ss 52–54) and exempts related records from FOI (s 78). That protects disclosers and investigatory integrity but reduces public visibility and may interact with other public accountability mechanisms. There are limited, prescribed exceptions where disclosure is permitted (s 54).\n\n- Scope and spillovers outside the public sector: the core scheme targets the public sector. However, definitions capture conduct by any person that affects public officers' honest performance or where an associate obtains regulatory or financial advantage — so private actors can be swept in when the misconduct affects public decision making (s 4(c)). That creates limited commercial exposure and potential regulatory scrutiny for private parties interacting with the public sector.\n\n- Remedies and enforcement: the Act provides both criminal (penalties and imprisonment for reprisal) and civil remedies (damages, reinstatement, injunctions) for reprisals (ss 45–49). That raises the stakes for employers and managers and creates enforcement costs for courts and agencies.\n\n- Substitution effects and exit options for disclosers: the Act allows anonymous disclosures (s 12A), misdirected disclosures protections (s 18), and an \"external disclosure\" route if statutory investigation stalls (s 38A). These create avenues for disclosers dissatisfied with internal handling to escalate externally, reducing the ability of agencies to contain issues but increasing pressure on investigators.\n\n**Concentrated benefits and diffuse costs**\n\n- Concentrated benefits accrue to disclosers, oversight agencies and to persons harmed by the wrongdoing (protection, investigatory routes, remedies).\n- Costs are diffuse across public bodies (procedures, training, reporting) and potentially to the State in defending or compensating prosecutions or civil claims. The Act also shifts some liability away from individual oversight officers to the State (s 77).\n\n**Key operational features to watch**\n\n- Time limits: receiving entities must notify assessing bodies within generally 28 days (s 21(2), s 22(2), s 24(4)).\n- Who decides: IBAC, Integrity Oversight Victoria and the Integrity and Oversight Committee determine whether disclosures are public interest complaints and then act under their own Acts (ss 26, 31, 31B, 32–33, 33A).\n- Protections and exceptions are tightly drafted; disclosure of some information can still be an offence (ss 52–53, 72, 73) and some confidentiality exceptions are specified (s 54).\n\n**Primary sections to consult for practitioners**\n\n- Definitions and scope: s 3, s 4 (improper conduct), s 5 (police complaint disclosure), s 6 (public body/officer)\n- How to make disclosures and to whom: ss 12–18\n- Notification and assessment: Part 3 (ss 21–31B)\n- Protections and remedies: Parts 6–7 (ss 38–55, 45–49)\n- Duties on bodies and reporting: Part 9 and Part 10 (ss 57–71)\n\n"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act was originally titled the 'Protected Disclosure Act 2012', suggesting an initial focus primarily on protecting individual disclosers. The rename to 'Public Interest Disclosures Act 2012' reflects a broadened scope — shifting emphasis from individual protection to the broader public interest function of exposing wrongdoing, aligning with national reforms and expanding the range of conduct that can be reported and the bodies empowered to act on it."},"complexity_factors":["Multiple overlapping oversight bodies (IBAC, Ombudsman, other integrity agencies) with divided jurisdiction creates confusion about where to report","Complex eligibility criteria determining what qualifies as a 'protected disclosure' versus an ordinary complaint","Strict confidentiality obligations with criminal penalties for breach, requiring careful navigation","Detailed procedural requirements for public bodies in receiving and handling disclosures","Interaction with other legislation (e.g., IBAC Act, Ombudsman Act, Public Administration Act) that must be read together","Technical definitions distinguishing 'improper conduct', 'detrimental action', and 'public interest disclosure' are nuanced","History of amendment and title change indicates evolving and layered legal obligations","Reprisal protections require understanding of causation and burden of proof in civil and criminal contexts"],"plain_english_summary":"The Public Interest Disclosures Act 2012 (Vic) is Victoria’s whistleblower law that lets anyone — employees, contractors or members of the public — make legally protected reports about suspected corrupt conduct, misconduct or maladministration in the public sector. \n\nIt shields reporters from reprisals, requires agencies to handle disclosures confidentially (and provides reporting channels like IBAC or the Ombudsman), creates offences for retaliation or abuse of the system, and protects accountability by giving people a safer way to expose government wrongdoing."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/public-interest-disclosures-act-2012","history":"/api/acts/public-interest-disclosures-act-2012/history","analysis":"/api/acts/public-interest-disclosures-act-2012/analysis","conflicts":"/api/acts/public-interest-disclosures-act-2012/conflicts","importantCases":"/api/acts/public-interest-disclosures-act-2012/important-cases","documents":"/api/acts/public-interest-disclosures-act-2012/documents"}}