42Confidentiality notice

42 Confidentiality notice S. 42(1) amended by No. 31/2024 s. 113(Sch. 1 item 16.5). (1) If during an investigation the IBAC considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice— (a) that investigation; or (b) the safety or reputation of a person; or (c) the fair trial of a person who has been, or may be, charged with an offence— the IBAC may issue a confidentiality notice in respect of that investigation to a person (other than an IBAC Officer or an Integrity Oversight Victoria Officer) specifying the restricted matter or restricted matters in accordance with this section. S. 42(1A) inserted by No. 30/2016 s. 14(1), amended by No. 31/2024 s. 113(Sch. 1 item 16.5). (1A) If during a preliminary inquiry the IBAC— (a) has issued a witness summons to a person; and (b) considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice the preliminary inquiry— the IBAC may issue a confidentiality notice to the person (other than an IBAC Officer or an Integrity Oversight Victoria Officer) specifying the restricted matter or restricted matters in accordance with this section. (2) A confidentiality notice must— (a) be in the prescribed form; (b) specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued; (c) include a copy of the provisions of subsections (3) to (8) and section 44 and an explanation of the effect of those provisions; (d) include a statement— S. 42(2)(d)(i) amended by No. 2/2019 s. 52(a). (i) advising the person to whom the confidentiality notice is issued that additional obligations under the **Public Interest Disclosures Act 2012** relating to confidentiality may apply to the person; and S. 42(2)(d)(ii) amended by No. 2/2019 s. 52(b). (ii) directing the person to the provisions of that Act which impose those obligations. S. 42(2)(e) repealed by No. 2/2019 s. 52(c). S. 42(3) amended by No. 30/2016 s. 14(2)(a). (3) If at any time the IBAC considers on reasonable grounds that it is necessary to restrict disclosure of a different restricted matter from any of those specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1), or in respect of a preliminary inquiry to ensure that the matters specified in subsection (1A), are not likely to be prejudiced, the IBAC must issue to the person to whom the confidentiality notice was issued— (a) a notice cancelling the previous confidentiality notice; and S. 42(3)(b) amended by No. 30/2016 s. 14(2)(b). (b) a new confidentiality notice in respect of that investigation under subsection (1) or (1A). S. 42(4) amended by No. 30/2016 s. 14(2)(a). (4) If at any time the IBAC considers on reasonable grounds that it is no longer necessary to restrict disclosure of a particular restricted matter specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1), or in respect of a preliminary inquiry to ensure that the matters specified in subsection (1A), are not likely to be prejudiced, the IBAC must issue to the person to whom the confidentiality notice was issued— (a) a notice cancelling the previous confidentiality notice; and S. 42(4)(b) amended by No. 30/2016 s. 14(2)(b). (b) a new confidentiality notice in respect of that investigation under subsection (1) or (1A). S. 42(5) amended by No. 30/2016 s. 14(2)(a). (5) If at any time the IBAC considers on reasonable grounds that it is no longer necessary to restrict disclosure of the restricted matter or restricted matters specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1), or in respect of a preliminary inquiry to ensure that the matters specified in subsection (1A), are not likely to be prejudiced, the IBAC must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice. (6) A confidentiality notice in respect of a particular investigation ceases to have effect on whichever of the following occurs first— (a) the date on which the IBAC issues a notice cancelling the confidentiality notice under subsection (3), (4) or (5); (b) the date which is the expiry of the period of 5 years from the date on which the first confidentiality notice in respect of that investigation was issued to that person or, if an extension is granted under subsection (8), the date on which the period of extension expires. (7) If the IBAC considers on reasonable grounds that it is necessary to extend the period of 5 years specified in subsection (6)(b) on any of the grounds specified in subsection (8), the IBAC may apply to the Supreme Court for an extension of the period. (8) The Supreme Court, on the application of the IBAC, may, by order, extend the period of 5 years specified in subsection (6)(b), if the Supreme Court is satisfied that an extension is necessary to avoid prejudice to— (a) the investigation being conducted by the IBAC; or (b) the safety or reputation of a person; or (c) the fair trial of a person who has been, or may be, charged with an offence; or (d) any proceedings that are proposed to be commenced or which have not been finally determined. S. 42(9) amended by Nos 30/2016 s. 14(3), 11/2021 s. 127. (9) A confidentiality notice under subsection (1) or (1A) or a notice cancelling a confidentiality notice under subsection (3), (4) or (5) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served under section 59I, 59J, 124(3), 124(4), 124(5), 125 or 191(1) or (2). S. 43 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 16.6). S. 43 inserted by No. 28/2012 s. 13, amended by No. 31/2024 s. 113(Sch. 1 item 16.7).