165Matters to be included in annual report

165 Matters to be included in annual report

(1) The IBAC in its annual report for a financial year under Part 7 of the Financial Management Act 1994 must include—

(a) the prescribed information relating to the performance of its duties and functions;

(b) any recommendations for changes to any Act or law in force in Victoria or for specified administrative actions to be taken which the IBAC considers necessary as a result of the performance of its duties and functions;

S. 165(1)(c) amended by No. 2/2019 s. 180(1)(a).

(c) a description of its activities in relation to the performance of its duties and functions;

S. 165(1)(d) inserted by No. 2/2019 s. 180(1)(b).

(d) an account of the implementation of the annual plan prepared by the IBAC under section 168.

(2) If the IBAC intends to include in its annual report adverse findings about a public body, the IBAC must give the relevant principal officer of that public body an opportunity to respond to the adverse material and fairly set out each element of the response in its report.

(3) If the IBAC intends to include in its annual report a comment or an opinion which is adverse to any person, the IBAC must first provide the person a reasonable opportunity to respond to the adverse material and fairly set out each element of the response in its report.

(4) If the IBAC intends to include in a report under this section a comment or an opinion about any person which is not adverse to the person, the IBAC must first provide that person with the relevant material in relation to which the IBAC intends to name the person.

(5) If the IBAC is aware of a criminal investigation or any criminal proceedings or other legal proceedings in relation to a matter or person to be included in its annual report, the IBAC must not include in the annual report any information which would prejudice the criminal investigation, criminal proceedings or other legal proceedings.

S. 165(5A) inserted by No. 34/2016 s. 31.

(5A) The IBAC must not include in its annual report information concerning its functions under the Witness Protection Act 1991 that would—

(a) prejudice a criminal investigation, criminal proceeding or other legal proceeding of which the IBAC is aware; or

(b) compromise the operational activities or methodologies of Victoria Police or of any authority or body referred to in the definition of approved authority in section 3(1) of the Witness Protection Act 1991; or

(c) disclose information about the identity or location, or compromise the security, of a person—