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— (i) who is or has been included in the Victorian witness protection program, within the meaning of the **Witness Protection Act 1991**; or (ii) to whom alternative protection arrangements, within the meaning of the **Witness Protection Act 1991**, are being or have been provided. (6) The IBAC must not include in its annual report a statement as to— (a) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit, any criminal offence or disciplinary offence; or (b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence or a disciplinary offence. (7) The IBAC must not include in its annual report any information that would identify any person who is not the subject of any adverse comment or opinion unless the IBAC— (a) is satisfied that it is necessary or desirable to do so in the public interest; and (b) is satisfied that it will not cause unreasonable damage to a person's reputation, safety or wellbeing; and (c) states in the report that the person is not the subject of any adverse comment or opinion. (8) The IBAC must not include in its annual report any information that— (a) discloses the identity of a person to whom, or in respect of whom, a direction has been given under— (i) Division 1 of Part 9 of this Act; S. 165(8)(a)(ii) substituted by No. 37/2014 s. 10(Sch. item 85.29). (b) is likely to lead to the identification of a person who has made an assessable disclosure. S. 165(9) amended by No. 2/2019 s. 57(Sch. 1 Pt A item 20). (9) However, the IBAC may in an annual report include information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies. S. 165(10) inserted by No. 2/2019 s. 180(2). (10) As soon as practicable after the end of each financial year, the IBAC must cause the annual report for that financial year to be transmitted to each House of Parliament. Note to s. 165 amended by No. 2/2019 s. 57(Sch. 1 Pt A item 21). See also section 67 of the **Public Interest Disclosures Act 2012** for additional matters that are to be included in the IBAC's annual report. S. 166 inserted by No. 28/2012 s. 24.