Independent Broad-based Anti-corruption Commission Regulations 2023 (Victoria)

These Regulations set out procedural and definitional detail for the operation of the Independent Broad‑based Anti‑corruption Commission Act 2011 (the Act). They do four mechanical things.

First, they identify which external agencies and positions count for specified definitions in the Act. Regulation 6 prescribes particular Commonwealth and State bodies for the purposes of paragraph (f) of the definition of law enforcement agency in section 3(1) of the Act, and prescribes particular Commonwealth, interstate and Victorian bodies for the purposes of paragraph (o) of the definition of integrity body in section 3(1). Regulation 6 also prescribes roles that qualify as a senior IBAC Officer and classes of person who qualify as a senior officer for the purposes of defined provisions of the Act (regs 6(3) and 6(4)).

Second, the Regulations prescribe training arrangements for IBAC staff authorised to use defensive equipment or firearms. Regulations 7 and 8 require that the prescribed training be IBAC‑approved courses conducted by the Australian Federal Police or a non‑Victorian State or Territory police force or service, and require IBAC to be satisfied that the course enables a senior IBAC Officer to effectively and safely use defensive equipment or firearms when performing IBAC functions or exercising IBAC powers (regs 7(1)-(2), 8(1)-(2)). Transitional provisions (regs 46-47) validate certain prior courses for staff formerly authorised under the Police Integrity Act 2008.

Third, the Regulations fix the scales, caps and documentary requirements for witness assistance and reimbursements (Part 4). They set hourly and daily caps for expert and non‑expert attendance (regs 10-11), per diem meal and accommodation rates (reg 12), a travel allowance rule with a specific private vehicle rate of 18 cents per kilometre (reg 13(2)), and evidence requirements for payment (reg 14). They also prescribe the Secretary to the Department of Justice and Community Safety as the person to provide legal assistance to witnesses under s 151 of the Act (reg 15).

Version No. 003

Independent Broad-based Anti-corruption Commission Regulations 2023

S.R. No. 3/2023

Version incorporating amendments as at
25 March 2025

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provisions 1

3 Commencement 2

4 Revocations 2

5 Definitions 2

Part 2—Prescribed bodies and persons 3

6 Prescribed bodies and persons 3

Part 3—Defensive equipment and firearms 8

7 Courses of training in the use of defensive equipment 8

8 Courses of training in the use of firearms 8

Part 4—Assistance for witnesses 9

Division 1—Reimbursement of expenses 9

9 Reimbursement of expenses 9

10 Attendance allowance for expert witnesses 9

11 Attendance and general allowances for other witnesses 9

12 Meals and accommodation 10

13 Travelling expenses 11

14 Evidence of expenses 12

Division 2—Provision of legal assistance 12

15 Provision of legal assistance to witnesses 12

Part 5—Testing for alcohol or drugs of dependence 13

Division 1—General 13

16 Direction to provide a sample of breath or urine or allow a sample of blood to be taken 13

17 Blood and urine samples—general 15

Division 2—Breath analysis 16

18 Prescribed breath analysing devices 16

19 Procedure for breath analysis 16

20 Certificate of breath analysis 17

Division 3—Taking of blood samples 17

21 Direction to take blood sample 17

22 Procedure for taking blood sample 18

23 Procedure after blood sample taken 18

24 Certificate of taking blood sample 19

Division 4—Collection of urine samples 20

25 Prescribed persons to collect urine samples 20

26 Procedure for collecting urine sample 20

27 Procedure after person collects urine sample 21

28 Certificate of collecting of urine sample 21

Division 5—Analysis of blood sample or urine sample 22

29 Analysis of blood samples or urine samples 22

30 Certificate of analysis of sample of urine or blood 22

31 IBAC Officer may request independent analysis of a blood sample or urine sample 23

Division 6—Handling of information and confidentiality 24

32 Confidentiality of test results 24

Part 6—Prescribed forms 26

33 Confidentiality notices 26

34 Witness summons for preliminary inquiry 26

35 Authorisation to apply for a search warrant 26

36 Search warrant 26

37 Receipt for documents or things seized 26

38 Witness summons for investigation 26

39 Direction about a witness already held in custody 27

40 Notice of application to determine privilege 27

41 Arrest warrant 27

42 Statement about right to apply for discharge from custody 27

Part 7—Other matters 28

43 Proof of age 28

44 Additional actions before the questioning of a witness or requiring the production of documents 28

45 Prescribed support services 29

Part 8—Transitional matters 30

46 Courses of training in the use of defensive equipment 30

47 Courses of training in the use of firearms 30

Schedule 1—Forms 31

═════════════

Endnotes 56

1 General information 56

2 Table of Amendments 58

3 Explanatory details 59

Version No. 003

Independent Broad-based Anti-corruption Commission Regulations 2023

S.R. No. 3/2023

Version incorporating amendments as at
25 March 2025

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are to prescribe—

(a) training courses for the use of defensive equipment and firearms; and

(b) the manner of calculating the amount of assistance provided by the persons prescribed to witnesses summoned to attend an examination before the IBAC; and

(c) matters necessary for the testing of IBAC Officers for alcohol or drugs of dependence under Division 1 of Part 9 of the Independent Broad-based Anti‑corruption Commission Act 2011; and

(d) other matters necessary to be prescribed under the Independent Broad-based Anti‑corruption Commission Act 2011.

2 Authorising provisions

These Regulations are made under sections 195 and 196 of the Independent Broad-based Anti‑corruption Commission Act 2011 and all other enabling powers.

3 Commencement

These Regulations come into operation on 4 February 2023.

4 Revocations

The following Regulations are revoked—

(a) the Independent Broad-based Anti‑corruption Commission Regulations 2013[1];

(b) the Independent Broad-based Anti‑corruption Commission Amendment Regulations 2016[2];

5 Definitions

In these Regulations—

sample direction means a direction given under section 172 of the Act to an IBAC Officer to provide a sample of breath or urine or allow a registered medical practitioner or approved health professional to take from the officer a sample of the officer's blood for the purposes of Division 1 of Part 9 of the Act;

the Act means the Independent Broad-based Anti-corruption Commission Act 2011.

Part 2—Prescribed bodies and persons

6 Prescribed bodies and persons

(1) For the purposes of paragraph (f) of the definition of law enforcement agency in section 3(1) of the Act, the following persons and bodies are prescribed—

(a) the Australian Border Force within the meaning of the Australian Border Force Act 2015 of the Commonwealth;

(b) the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth;

(c) the Australian Securities and Investments Commission as referred to in the Australian Securities and Investments Commission Act 2001 of the Commonwealth;

(d) the Australian Taxation Office;

(e) the Australian Transaction Reports and Analysis Centre established by section 209 of the Anti-Money Laundering and Counter‑Terrorism Financing Act 2006 of the Commonwealth;

(f) the Australian Security Intelligence Organisation as referred to in the Australian Security Intelligence Organisation Act 1979 of the Commonwealth;

(g) the Australian Criminal Intelligence Commission established by section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;

(h) the Chief Municipal Inspector appointed under section 182 of the Local Government Act 2020;

(i) Municipal Monitors appointed under section 179 of the Local Government Act 2020.

(2) For the purposes of paragraph (o) of the definition of integrity body in section 3(1) of the Act, the following persons and bodies are prescribed—

(a) the Australian National Audit Office established by section 38 of the Auditor‑General Act 1997 of the Commonwealth;

(b) the Australian Capital Territory Integrity Commission established by section 19 of the Integrity Commission Act 2018 of the Australian Capital Territory;

(c) the Australian Charities and Not-for-profits Commission established by section 105-5 of the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth;

(d) the Australian Financial Security Authority within the meaning of section 13 of the Bankruptcy Act 1966 of the Commonwealth;

(e) the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;

(f) the Australian Prudential Regulation Authority established by section 7 of the Australian Prudential Regulation Authority Act 1998 of the Commonwealth;

(g) the Northern Territory Independent Commissioner Against Corruption established by section 17 of the Independent Commissioner Against Corruption Act 2017 of the Northern Territory;

(h) the Office of the Fair Work Ombudsman established by the Fair Work Act 2009 of the Commonwealth;

(i) the South Australian Independent Commission Against Corruption established by section 7 of the Independent Commission Against Corruption Act 2012 of South Australia;

(j) the Tertiary Education Quality and Standards Agency established by section 132 of the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth;

(k) the Tax Practitioners Board established by section 60-5 of the Tax Agent Services Act 2009 of the Commonwealth;

(l) the Registered Organisations Commission established by section 329DA of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;

(m) the Victorian Electoral Commission established by section 6 of the Electoral Act 2002;

(n) the Victorian Gambling and Casino Control Commission established by section 6 of the Victorian Gambling and Casino Control Commission Act 2011;

(o) the Victorian Institute of Teaching as referred to in Part 2.6 of the Education and Training Reform Act 2006;

(p) the Victorian Legal Services Board as referred to in the Legal Profession Uniform Law Application Act 2014;

(q) the Victorian Legal Services Commissioner established by section 48 of the Legal Profession Uniform Law Application Act 2014;

(r) the Victorian Liquor Commission established by section 172B of the Liquor Control Reform Act 1998.

(3) For the purposes of the definition of senior IBAC Officer in section 3(1) of the Act, the following positions and classes of position are prescribed—

(a) the position of Commissioner;

(b) the position of Deputy Commissioner;

(d) IBAC Officers classified as Executive Officers;

(e) IBAC Officers classified as non-executive employees Grade 4, 5 or 6 or as Senior Technical Specialists.

(4) For the purposes of the definition of senior officer in sections 41(5) and 163(9) of the Act, the following positions and classes of position are prescribed—

(a) an executive employed under Division 5 of Part 3 of the Public Administration Act 2004;

(b) a Deputy Commissioner of Police, Assistant Commissioner of Police or commander appointed under the Victoria Police Act 2013;

(d) a Court Chief Executive Officer appointed under Division 2 of Part 4 of the Court Services Victoria Act 2014.

Part 3—Defensive equipment and firearms

7 Courses of training in the use of defensive equipment

(1) For the purposes of Part 5 of the Act, the prescribed course of training in the use of defensive equipment is a course of training approved by the IBAC that is conducted by—

(a) the Australian Federal Police; or

(b) a police force or police service (however described) of a State or Territory other than Victoria.

(2) The IBAC must not approve a course under subregulation (1) unless it is satisfied that the course is sufficient to enable a senior IBAC Officer to effectively and safely use defensive equipment when performing the functions and exercising the powers of the IBAC or an authorised officer in relation to investigations.

8 Courses of training in the use of firearms

(1) For the purposes of Part 5 of the Act, the prescribed course of training in the use of firearms is a course of training approved by the IBAC that is conducted by—

(a) the Australian Federal Police; or

(b) a police force or police service (however described) of a State or Territory other than Victoria.

(2) The IBAC must not approve a course under subregulation (1) unless it is satisfied that the course is sufficient to enable a senior IBAC Officer to effectively and safely use firearms when performing the functions and exercising the powers of the IBAC or an authorised officer in relation to investigations.

Part 4—Assistance for witnesses

Division 1—Reimbursement of expenses

9 Reimbursement of expenses

(1) For the purposes of section 150 of the Act, the prescribed scale is the scale set out in this Division.

(2) An amount under this scale must not be paid to—

(a) a person whose conduct is being investigated by the IBAC or, in the case of a body corporate, its representative; or

(b) a prisoner of the Crown.

10 Attendance allowance for expert witnesses

A witness who appears in an examination in a professional or expert capacity is entitled to reimbursement of the amount of income actually lost in attending the examination up to $300 per hour, but not exceeding $1500 per day.

11 Attendance and general allowances for other witnesses

(1) This regulation applies to a witness who appears in an examination other than in a professional or expert capacity.

(2) A witness who is engaged in an income-producing occupation and loses income because of their attendance at an examination is entitled to reimbursement of the amount of income actually lost up to $100 per hour, but not exceeding $600 per day.

(3) A witness who is not engaged in an income‑producing occupation but who necessarily incurs expenditure (other than childcare expenses) because of their attendance at the examination that is not provided for in regulation 12 is entitled to reimbursement of the amount of the actual expenditure incurred, up to a maximum of $50 for each day.

(4) If a witness incurs childcare expenses because of their attendance at an examination, the witness is entitled to reimbursement of those reasonable childcare expenses incurred.

12 Meals and accommodation

(1) A witness who appears in an examination and who is necessarily absent from their home by reason of the attendance at the examination is entitled to be paid the following allowances for meals during their absence—

(a) if the witness is absent from their home overnight—

	Capital city	Any other location
Breakfast	$17.70	$15.75
Lunch	$19.75	$18.05
Dinner	$34.05	$31.15
Total	$71.50	$64.95	;

(b) if the witness is absent for a part of a day only, departing and returning the same day—

Breakfast	$12.40
Lunch	$12.40
Dinner	$16.50
Total	$41.30	.

(2) Despite subregulation (1), a witness is only entitled to be paid an allowance—

(a) for breakfast, if the witness is absent from their home by reason of attendance at the examination between 7 a.m. and 9.30 a.m.; and

(b) for lunch, if the witness is absent from their home by reason of attendance at the examination between midday and 3 p.m.; and

(c) for dinner, if the witness is absent from
their home by reason of attendance at the examination between 6 p.m. and 8 p.m.

(3) A witness who is called to appear in an examination and who is necessarily absent from their home overnight by reason of their attendance at the examination is entitled to a reimbursement of the cost incurred by the witness of alternative accommodation, up to a maximum of $150 for each night of their absence.

13 Travelling expenses

(1) Subject to subregulation (2), a witness who is called to appear in an examination is entitled to be paid an allowance in respect of the expense of travelling to and from the examination equal to the cost of the most economical form of transport, having regard to the following—

(a) the distance required to be travelled;

(b) the time spent travelling;

(d) any other matter the IBAC considers relevant.

(2) If the witness uses their own vehicle, the witness is entitled to an allowance of 18 cents for each kilometre travelled to or from the examination.

14 Evidence of expenses

The IBAC must not approve the payment of an amount to a witness under this Division unless the witness produces to the satisfaction of the IBAC evidence—

(a) in the case of regulation 10 or 11(2), that as a result of attending the examination the witness has sustained, or will sustain, a loss of income or of time that the witness would otherwise have devoted to an income‑producing occupation; and

(b) in the case of regulation 11(3) or (4) or 12(3), of the expenditure or cost incurred by the witness; and

(c) in the case of regulation 12(1), that the witness was absent from their home by reason of attendance at an examination at the relevant times; and

(d) in the case of regulation 13, of the cost of the most economical form of transport.

Division 2—Provision of legal assistance

15 Provision of legal assistance to witnesses

For the purposes of section 151 of the Act, the prescribed person is the Secretary to the Department of Justice and Community Safety.

Part 5—Testing for alcohol or drugs of dependence

Division 1—General

16 Direction to provide a sample of breath or urine or allow a sample of blood to be taken

(1) Subject to subregulation (2), a sample direction must state—

(a) the reason why the IBAC gives the sample direction, specifying whether the IBAC believes that the IBAC Officer—

(i) has consumed alcohol or a drug of dependence and as a result is incapable of, or inefficient in, performing their duties; or

(ii) has been involved in a critical incident; or

(iii) should be tested for alcohol or a drug of dependence in order for the IBAC to manage the IBAC Officer's performance of their duties or exercise of their powers; or

(iv) should be tested for alcohol or a drug of dependence in order for the IBAC to conduct a disciplinary process against the IBAC Officer; and

(b) the type of sample (being breath, urine or blood) that the IBAC Officer is required to provide; and

(c) that, if a sample is not provided because the IBAC Officer is unconscious or otherwise unable to comply with the sample direction and the IBAC reasonably believes the IBAC Officer was involved in a critical incident, a registered medical practitioner may be directed to take a sample of the IBAC Officer's blood; and

(d) that the IBAC Officer is required to remain at or attend specified premises for the sample to be taken; and

(e) that the IBAC Officer must not consume alcohol or a drug of dependence before the sample is taken; and

(f) that the sample of breath, urine or blood may be affected by prescription medication taken by the IBAC Officer and that the IBAC Officer should notify the person taking the sample of any prescription medication the IBAC Officer takes; and

(g) that failure by the IBAC Officer to comply with the sample direction may constitute grounds for disciplinary action against the IBAC Officer; and

(h) that the test results are to be given to the IBAC and will otherwise remain confidential, other than any disclosures authorised by the Act.

(2) If the IBAC is of the opinion that a delay would be necessary in order to comply with subregulation (1) and that the delay may materially affect the accuracy of the test, the IBAC may give the IBAC Officer a sample direction that specifies—

(a) the name of the IBAC Officer to whom the sample direction is given; and

(b) the name of the IBAC Officer giving the sample direction; and

(c) the type of sample (being breath, urine or blood) that the IBAC Officer to whom the sample direction is given is required to provide.

(3) If a sample direction is given to an IBAC Officer under subregulation (2), the IBAC must give that IBAC Officer a notice in writing containing the information prescribed in subregulation (1) as soon as practicable after giving the sample direction.

17 Blood and urine samples—general

(1) The taking of a blood sample or the collection of a urine sample from an IBAC Officer must be conducted—

(a) in a respectful manner; and

(b) in circumstances affording reasonable privacy to the IBAC Officer.

(2) The taking of a blood sample or the collection of a urine sample from an IBAC Officer must not—

(a) occur in the presence or view of a person whose presence is not necessary for the purposes of obtaining that sample; and

(b) require—

(i) the removal of more clothing than is necessary for the sample to be taken; and

(ii) more visual inspection of the IBAC Officer than is necessary for the sample to be taken.

(3) A blood sample must not be taken from an IBAC Officer who has been involved in a critical incident if either of the following registered medical practitioners is of the opinion that the taking of the sample would be prejudicial to the IBAC Officer's care and treatment—

(a) the registered medical practitioner directed to take the sample;

(b) the registered medical practitioner primarily responsible for the examination and treatment of the IBAC Officer.

Division 2—Breath analysis

18 Prescribed breath analysing devices

The breath analysing devices prescribed for the purposes of Division 1 of Part 9 of the Act are those prescribed for the purposes of section 53 of the Road Safety Act 1986.

19 Procedure for breath analysis

(1) A person operating a breath analysing device—

(a) must not require an IBAC Officer to provide a breath sample for analysis until the person is satisfied that the officer has not consumed any alcohol for a period of at least 15 minutes before the analysis; and

(b) must provide a fresh mouthpiece for use by the officer that, until required for taking the breath sample, has been kept in a sealed container.

(2) An IBAC Officer who is directed to provide a sample of their breath must do so by exhaling continuously into the breath analysing device to the satisfaction of the person operating that device.

20 Certificate of breath analysis

After taking a sample of an IBAC Officer's breath, the person operating a breath analysing device must complete and give to the IBAC a certificate that includes the following particulars—

(a) the concentration of alcohol indicated by the breath analysing device to be present in the IBAC Officer's breath;

(b) the serial number of the breath analysing device;

(d) the location of the test;

(e) the name of the IBAC Officer whose breath was tested;

(f) the name of the person operating the breath analysing device;

(g) the results of the self test conducted by the breath analysing device before and after the IBAC Officer's breath was analysed;

(h) the results of zero tests conducted by the breath analysing device before and after the IBAC Officer's breath was analysed;

(i) the date and time that the IBAC Officer's breath was analysed.

Division 3—Taking of blood samples

21 Direction to take blood sample

A direction under section 174 of the Act from the IBAC to a registered medical practitioner to take a sample of blood from an IBAC Officer must include—

(a) the name of the IBAC Officer from whom the sample of blood is to be taken; and

(b) the name and signature of the IBAC Officer giving the direction; and

22 Procedure for taking blood sample

If a blood sample is taken by a registered medical practitioner for the purposes of this Part, the site of the puncture must be cleansed with a swab taken from a container which—

(a) appears to be sealed against contamination; and

(b) bears a label stating that the container holds an aqueous solution of chlorhexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol.

23 Procedure after blood sample taken

A registered medical practitioner who takes a blood sample must ensure that—

(a) the sample of blood is placed into 2 dry containers, each containing approximately the same amount of blood; and

(b) each container is vacuum sealed or sealed with a septum seal; and

(i) that the container holds a specific anticoagulant and preservative such as potassium oxalate and sodium fluoride; and

(ii) the name of the chemist, laboratory or pharmaceutical organisation that prepared the container; and

(d) each container has attached to it a label bearing—

(i) the signature of the registered medical practitioner; and

(ii) the date and the time the blood sample was taken; and

(iii) the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken; and

(iv) if known, the identification number or code enabling the sample to be identified by the laboratory or drug testing service; and

(e) the 2 containers are transported to a laboratory or drug testing service for analysis.

24 Certificate of taking blood sample

A registered medical practitioner who takes a blood sample from an IBAC Officer must complete and give to the IBAC Officer a certificate that includes the following particulars—

(a) the registered medical practitioner's full name;

(b) that the registered medical practitioner was the registered medical practitioner who took the blood sample from the officer;

(d) that a sufficient blood sample was taken to enable testing for the presence of alcohol or a drug of dependence;

(e) if known, the laboratory or drug testing service where the blood sample will be sent for testing and the identification number or code enabling the sample to be identified by that laboratory or drug testing service.

Division 4—Collection of urine samples

25 Prescribed persons to collect urine samples

The following persons are authorised to collect samples of urine from IBAC Officers under this Part—

(a) a registered medical practitioner;

(b) a person referred to in paragraph (a) of the definition of approved health professional in section 3(1) of the Act;

(i) has knowledge and expertise in standards and practices related to the collection and storage of urine samples; and

(ii) is employed by a laboratory or drug testing service.

26 Procedure for collecting urine sample

If a urine sample is collected from an IBAC Officer, the person collecting the sample must ensure that the sample is collected in a container that—

(a) is clean and dry; and

(b) has not previously been used.

27 Procedure after person collects urine sample

A person collecting a urine sample from an IBAC Officer must ensure that—

(a) the urine sample is placed in 2 dry containers, each containing approximately the same amount of urine; and

(b) each container is fitted with a tamper-proof locking seal; and

(i) the signature of the person who collected the urine sample; and

(ii) the date and the time the urine sample was collected; and

(iii) the name of the person from whom the urine sample was collected or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was collected; and

(iv) if possible, the identification number or code enabling the sample to be identified by the laboratory or drug testing service; and

(d) the 2 containers are transported to a laboratory or drug testing service for analysis.

28 Certificate of collecting of urine sample

A person who collects a urine sample from an IBAC Officer must complete and give to the officer a certificate containing the following particulars—

(a) the full name of the person authorised under regulation 25 to collect a urine sample;

(b) that the person was the person who collected the urine sample from the IBAC Officer;

(d) that a sufficient urine sample was collected to enable testing for the presence of alcohol or a drug of dependence;

(e) if known, the laboratory or drug testing service where the urine sample will be sent for testing and the identification number or code enabling the sample to be identified by that laboratory or drug testing service.

Division 5—Analysis of blood sample or urine sample

29 Analysis of blood samples or urine samples

A laboratory or drug testing service that receives a container with a blood sample or urine sample taken or collected for the purposes of this Part must—

(a) analyse the blood sample or urine sample for the presence of alcohol or a drug of dependence; and

(b) provide a report on the analysis of that sample to the IBAC.

30 Certificate of analysis of sample of urine or blood

(1) As soon as practicable after a laboratory or drug testing service has analysed a blood sample or urine sample of an IBAC Officer under regulation 29, the laboratory or drug testing service must give a certificate to the IBAC.

(2) The certificate must state—

(a) the full name of the IBAC Officer from whom the sample was taken; and

(b) the date on which the sample was received by the laboratory or drug testing service for analysis; and

(i) that the container was received at the laboratory or drug testing service; and

(ii) whether the container was sealed and labelled in accordance with regulation 23 or 27, as the case may be; and

(iii) whether the seal of the container was broken or unbroken; and

(d) the approved laboratory identification number of the sample; and

(e) the date that the analysis was conducted; and

(f) the results of the analysis of the sample; and

(g) the signature and name of the person who conducted the analysis; and

(h) any factors which may have affected the results of the analysis.

(3) The IBAC must provide a copy of the certificate to the IBAC Officer from whom the blood sample or urine sample was taken or collected as soon as practicable.

31 IBAC Officer may request independent analysis of a blood sample or urine sample

(1) A laboratory or drug testing service that receives 2 containers must—

(a) store the second container for a period of not less than 12 months; and

(b) if requested under subregulation (2), send that container for analysis to the registered medical practitioner, laboratory or drug testing service nominated by the IBAC Officer from whom the sample was taken or collected.

(2) An IBAC Officer from whom a blood sample or urine sample has been taken or collected may request that the sample in the second container be sent to a registered medical practitioner, laboratory or drug testing service nominated by the IBAC Officer.

(3) A request must be made by the IBAC Officer within 12 months after the taking of the sample.

(4) Any analysis undertaken by a registered medical practitioner, laboratory or drug testing service nominated by the IBAC Officer is at the officer's own expense.

(5) Regulations 29 and 30 do not apply to an analysis conducted under this regulation.

Division 6—Handling of information and confidentiality

32 Confidentiality of test results

(1) The following records must be kept in a secure location—

(a) all records that relate to or include a sample direction or a direction given to a registered medical practitioner under regulation 21;

(b) all records that relate to or include any samples of blood or urine taken for testing for the presence of alcohol or drugs as a result of a sample direction or a direction given to a registered medical practitioner under regulation 21;

(c) all records that relate to or include the result of any testing of a sample of breath, urine or blood of an IBAC Officer as a result of a sample direction or a direction given to a registered medical practitioner under regulation 21.

(2) A person must not disclose to any other person any information revealed by the testing of a sample of breath, urine or blood of an IBAC Officer as a result of a sample direction or a direction given to a registered medical practitioner under regulation 21 unless—

(a) that information is already publicly known; or

(b) disclosure of that information is required or authorised under Division 1 of Part 9 of the Act; or

(d) the IBAC Officer consents; or

(e) disclosure of that information is for the management, supervision and support of the IBAC Officer in the workplace; or

(f) disclosure of that information is necessary to enable the IBAC to determine whether to take disciplinary action against the IBAC Officer and for the purpose of determining the outcome of any disciplinary action; or

(g) disclosure of that information is solely for the purposes of compiling reports and statistics and that information does not include information that could be used to identify the IBAC Officer who provided the sample.

Part 6—Prescribed forms

33 Confidentiality notices

(1) For the purposes of section 42(2)(a) of the Act, the prescribed form of a confidentiality notice for an investigation is Form 1 in Schedule 1.

(2) For the purposes of section 42(2)(a) of the Act, the prescribed form of a confidentiality notice for a preliminary inquiry is Form 2 in Schedule 1.

34 Witness summons for preliminary inquiry

For the purposes of section 59F(2)(a) of the Act, the prescribed form of a witness summons is Form 3 in Schedule 1.

35 Authorisation to apply for a search warrant

For the purposes of section 91(2) of the Act, the prescribed form of an authorisation to apply for a search warrant is Form 4 in Schedule 1.

36 Search warrant

For the purposes of section 91(5) of the Act, the prescribed form of a search warrant is Form 5 in Schedule 1.

37 Receipt for documents or things seized

For the purposes of section 93(2) of the Act, the prescribed form of a receipt for documents or things seized under a search warrant is Form 6 in Schedule 1.

38 Witness summons for investigation

For the purposes of section 121(3)(a) of the Act, the prescribed form of a witness summons is Form 7 in Schedule 1.

39 Direction about a witness already held in custody

For the purposes of section 126(2)(a) of the Act, the prescribed form of a direction as to a witness already held in custody is Form 8 in Schedule 1.

40 Notice of application to determine privilege

For the purposes of sections 59M(4), 100(4) and 147(6) of the Act, the prescribed form of a notice of an application to determine a claim of privilege or the application of a secrecy requirement is Form 9 in Schedule 1.

41 Arrest warrant

For the purposes of section 153(1)(b) of the Act, the prescribed form of an arrest warrant is Form 10 in Schedule 1.

42 Statement about right to apply for discharge from custody

For the purposes of section 155(1)(a)(ii) of the Act, the prescribed form of a statement about applying to a bail justice for discharge from custody is Form 11 in Schedule 1.

Part 7—Other matters

43 Proof of age

For the purposes of sections 59H(2) and 123(2) of the Act, the following constitutes proof of age—

(a) an Australian birth certificate or certified birth extract;

(b) an Australian passport;

(d) any other document or evidence that satisfies the IBAC about a person's age.

44 Additional actions before the questioning of a witness or requiring the production of documents

For the purposes of section 130(1)(e) of the Act, the IBAC must take the following actions before a witness is asked any questions or required to produce a document or thing—

(a) if the IBAC administers an oath or affirmation to a witness under section 132 of the Act and the witness is using an interpreter, the IBAC must administer an oath or affirmation to the interpreter in accordance with section 22(2) of the Evidence Act 2008; and

(b) if the witness is required to be accompanied by a parent, guardian or an independent person, inform that parent, guardian or independent person of the witness' rights and obligations as specified in section 121(4) of the Act.

45 Prescribed support services

For the purposes of section 44(2)(f)(iii) of the Act, the following services are prescribed for the purposes of providing crisis support, suicide prevention and mental health and wellbeing support services to a person subject to a confidentiality notice—

(a) Beyond Blue Ltd ACN 093 865 840;

(b) Headspace National Youth Mental Health Foundation Ltd ACN 137 533 843;

(d) On the Line Australia Ltd ACN 165 436 742 when trading as SuicideLine or Suicide Call Back Service;

(e) SANE Australia ACN 006 533 606.

Part 8—Transitional matters

46 Courses of training in the use of defensive equipment

For the purposes of Part 5 of the Act, if an IBAC Officer was a member of staff of the Office of Police Integrity authorised to use defensive equipment immediately before the commencement of section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, an appropriate course of training within the meaning of section 102(2A) of the Police Integrity Act 2008 as in force immediately before its repeal is taken to be a prescribed course of training.

47 Courses of training in the use of firearms

For the purposes of Part 5 of the Act, if an IBAC Officer was a member of staff of the Office of Police Integrity authorised to use firearms immediately before the commencement of section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, an appropriate course of training within the meaning of section 103(2A) of the Police Integrity Act 2008 as in force immediately before its repeal is taken to be a prescribed course of training.

Schedule 1—Forms

Sch. 1 Form 1 amended by S.R. No. 8/2025 reg. 4.

Form 1

Regulation 33(1)

Independent Broad-based Anti-corruption Commission Act 2011

Confidentiality Notice FOR AN INVESTIGATION

To: [insert name of person subject to confidentiality notice]

Address: [insert address details]

THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.

PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

1. What is this confidentiality notice?

This confidentiality notice is issued under section 42(1) of the Independent Broad-based Anti-corruption Commission Act 2011 in respect of the following restricted matters:

[Describe the investigation to which the confidentiality notice relates.]

[Specify the restricted matter or matters including how the restricted matter relates to the recipient.]

Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed "When are you authorised to disclose information?".

If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

You should also note that additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.

2. Why have you been given this notice?

You have been given this confidentiality notice because the Independent Broad-based Anti-corruption Commission (IBAC) considers that your disclosure of any of the restricted matters described above would be likely to prejudice:

 an investigation being conducted by the IBAC; or
 the safety or reputation of a person; or
 the fair trial of a person who has been, or may be, charged with an offence.

3. When are you authorised to disclose information?

Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.

If a person or an organisation does not appear under "You can disclose this restricted matter:" or under "Can you disclose in any other circumstances?", then you cannot disclose the restricted matter to that person or organisation. For example, if "your spouse or domestic partner" does not appear under those headings, then you cannot disclose the restricted matter to your spouse or domestic partner.

Restricted matter: [Specify restricted matter or matters] You can disclose this restricted matter:* ✓ to your spouse or domestic partner.* ✓ to your employer or your manager or both.* ✓ to a registered health practitioner or a prescribed service providing crisis support, suicide prevention and mental health and wellbeing services for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.* ✓ to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.* ✓ to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.* ✓ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.* ✓ for the purpose of an application to the Fair Work Commission, including any related proceeding.The IBAC has directed that you cannot disclose this restricted matter: * ✗ to your spouse or domestic partner. * ✗ to your employer or your manager.* ✗ to a registered health practitioner or a prescribed service providing crisis support, suicide prevention and mental health and wellbeing services for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.* ✗ to a trade union. * ✗ to an employee assistance program. * ✗ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✗ for the purpose of an application to the Fair Work Commission, including any related proceeding.

[Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above.]

Can you disclose in any other circumstances?

You are always permitted to disclose a restricted matter in the following circumstances:

 for the purposes of making a complaint to Integrity Oversight Victoria about the conduct of the IBAC or of an IBAC Officer;

 for the purposes of complying with a witness summons served on you by Integrity Oversight Victoria under the Integrity Oversight Victoria Act 2011;

 to Victoria Police, if:

 the IBAC has disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct; and

 the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct;

 if the IBAC directs you or authorises you to disclose a restricted matter;

 if the disclosure is authorised or required by the Independent Broad‑based Anti-corruption Commission Act 2011;

 if the disclosure is necessary for you to obtain any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order of the Supreme Court extending a confidentiality notice, including:

 to an interpreter if you do not know enough English to understand the nature of the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;

 to a parent, guardian or independent person if you are under the age of 18 years;

 to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;

 to a legal practitioner for the purposes of obtaining legal advice or representation in relation to this notice, a witness summons or an order extending this confidentiality notice, or your rights, liabilities, obligations and privileges under:

 the Independent Broad‑based Anti-corruption Commission Act 2011;

 the Public Interest Disclosures Act 2012;

 the Ombudsman Act 1973;

 the Integrity Oversight Victoria Act 2011;

 Part 10 of the Victoria Police Act 2013;

 the Fair Work Act 2009 of the Commonwealth;

 the Judicial Commission of Victoria Act 2016;

 Part IIIA of the Constitution Act 1975;

 the Local Government Act 1989;

 the Local Government Act 2020;

 the Racing Act 1958;

 the Freedom of Information Act 1982;

unless the IBAC has restricted you from being represented by or obtaining advice from that legal practitioner;

 if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;

 for the purposes of a proceeding for an offence against, or a disciplinary process or action initiated in respect of conduct that could constitute an offence against the Judicial Commission of Victoria Act 2016 or Part IIIAA of the Constitution Act 1975;

 if the restricted matter disclosed is information that has been made public in accordance with the Independent Broad-based Anti‑corruption Commission Act 2011 or any other Act;

 if the restricted matter disclosed is information that has been published in a report by the IBAC, the Integrity and Oversight Committee or any of the following investigating entities:

 Victoria Police;

 the Victorian Ombudsman;

 Integrity Oversight Victoria;

 the Judicial Commission, including an investigating panel appointed by the Judicial Commission;

 the Racing Integrity Commissioner;

 the Information Commissioner;

 the Chief Municipal Inspector;

the Office of the Special Investigator;
the Parliamentary Workplace Standards and Integrity Commission;

 to an investigating entity listed immediately above, if the IBAC has referred the relevant matter to that investigating entity.

Your obligations if you make a permitted disclosure

If you disclose information about a restricted matter to another person because the disclosure is permitted, you must, when making that disclosure, give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

4. When does this confidentiality notice expire or otherwise cease to have effect?

This confidentiality notice expires or otherwise ceases to have effect on the date when the first of the following events occurs:

 the IBAC cancels this confidentiality notice and issues you with a new one that includes different restricted matters;

 the IBAC cancels this confidentiality notice and issues you with a new one because it believes that it is no longer necessary to restrict disclosure of one or more restricted matters in this notice;

 the IBAC cancels this confidentiality notice because it believes that it is no longer necessary to restrict disclosure of any restricted matters in this notice;

 unless the Supreme Court has ordered the extension of this confidentiality notice, 5 years after the first confidentiality notice about the current investigation was issued;

 if the date on which this confidentiality notice expires or otherwise ceases to have effect is extended by the Supreme Court, the date on which the period of extension expires.

5. Where can I get more information about this confidentiality notice?

A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.

You can also obtain legal advice about this confidentiality notice from a legal practitioner, unless the IBAC has restricted you from being represented by or taking advice from a specified legal practitioner.

[attach a copy of section 42(3) to (8) and section 44 of the Independent Broad-based Anti-corruption Commission Act 2011 and an explanation of the effect of those provisions]

[signature]

[name]

[title]

Date: [insert date]

*Delete if not applicable.

Sch. 1 Form 2 amended by S.R. No. 8/2025 reg. 5.

Form 2

Regulation 33(2)

Independent Broad-based Anti-corruption Commission Act 2011

Confidentiality Notice FOR A PRELIMINARY INQUIRY

To: [insert name of person subject to confidentiality notice]

Address: [insert address details]

THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.

PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

1. What is this confidentiality notice?

This confidentiality notice is issued under section 42(1A) of the Independent Broad-based Anti-corruption Commission Act 2011 in respect of the following restricted matters:

[Describe the preliminary inquiry to which the confidentiality notice relates.]

[Specify the restricted matter or matters including how the restricted matter relates to the recipient.]

If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

2. Why have you been given this notice?

You have been given this confidentiality notice because you have been issued with a witness summons in relation to an Independent Broad-based Anti‑corruption Commission (IBAC) preliminary inquiry and the IBAC considers that your disclosure of any of the restricted matters described above would be likely to prejudice the IBAC preliminary inquiry.

3. When are you authorised to disclose information?

Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.

Restricted matter: [Specify restricted matter or matters] You can disclose this restricted matter:* ✓ to your spouse or domestic partner.* ✓ to your employer or your manager or both.* ✓ to a registered health practitioner or a prescribed service providing crisis support, suicide prevention and mental health and wellbeing services for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.* ✓ to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.* ✓ to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.* ✓ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.* ✓ for the purpose of an application to the Fair Work Commission, including any related proceeding. The IBAC has directed that you cannot disclose this restricted matter: * ✗ to your spouse or domestic partner.
- ✗ to your employer or your manager.* ✗ to a registered health practitioner or a prescribed service providing crisis support, suicide prevention and mental health and wellbeing services for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.* ✗ to a trade union. * ✗ to an employee assistance program. * ✗ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✗ for the purpose of an application to the Fair Work Commission, including any related proceeding.

[Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above.]

Can you disclose in any other circumstances?

You are always permitted to disclose a restricted matter in the following circumstances:

 for the purposes of making a complaint to Integrity Oversight Victoria about the conduct of the IBAC or of an IBAC Officer;

 for the purposes of complying with a witness summons served on you by Integrity Oversight Victoria under the Integrity Oversight Victoria Act 2011;

 to Victoria Police, if:

 the IBAC has disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct; and

 the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct;

 if the IBAC directs you or authorises you to disclose a restricted matter;

 if the disclosure is authorised or required by the Independent Broad‑based Anti-corruption Commission Act 2011;

 to a parent, guardian or independent person if you are under the age of 18 years;

 to a legal practitioner for the purposes of obtaining legal representation or legal advice about this notice, a witness summons or an order extending this confidentiality notice, or your rights, liabilities, obligations and privileges under:

 the Independent Broad‑based Anti-corruption Commission Act 2011;

 the Public Interest Disclosures Act 2012;

 the Ombudsman Act 1973;

 the Integrity Oversight Victoria Act 2011;

 Part 10 of the Victoria Police Act 2013;

 the Fair Work Act 2009 of the Commonwealth;

 the Judicial Commission of Victoria Act 2016;

 Part IIIA of the Constitution Act 1975;

 the Local Government Act 1989;

 the Local Government Act 2020;

 the Racing Act 1958;

 the Freedom of Information Act 1982;

unless the IBAC has restricted you from being represented by or obtaining advice from that legal practitioner;

 if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;

 if the restricted matter disclosed is information which has been made public in accordance with the Independent Broad-based Anti‑corruption Commission Act 2011 or any other Act;

 if the restricted matter disclosed is information which has been published in a report by the IBAC, the Integrity and Oversight Committee or any of the following investigating entities:

 Victoria Police;

 the Victorian Ombudsman;

 Integrity Oversight Victoria;

 the Judicial Commission, including an investigating panel appointed by the Judicial Commission;

 the Racing Integrity Commissioner;

 the Information Commissioner;

 the Chief Municipal Inspector;

 the Office of the Special Investigator;

 the Parliamentary Workplace Standards and Integrity Commission;

 to an investigating entity listed immediately above, if the IBAC has referred the relevant matter to that investigating entity.

Your obligations if you make a permitted disclosure

4. When does this confidentiality notice expire or otherwise cease to have effect?

This confidentiality notice expires or otherwise ceases to have effect on the date when the first of the following events occurs:

the IBAC cancels this confidentiality notice and issues you with a new one that includes different restricted matters;
the IBAC cancels this confidentiality notice and issues you with a new one because it believes that it is no longer necessary to restrict disclosure of one or more restricted matters in this notice;
the IBAC cancels this confidentiality notice because it believes that it is no longer necessary to restrict disclosure of any restricted matters in this notice.

5. Where can I get more information about this confidentiality notice?

A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.

[attach a copy of section 42(3) to (8) and section 44 of the Independent Broad-based Anti-corruption Commission Act 2011 and an explanation of the effect of those provisions]

[signature]

[name]

[title]

Date: [insert date]

*Delete if not applicable.

Form 3

Regulation 34

Independent Broad-based Anti-corruption Commission Act 2011

Witness Summons for preliminary inquiry

To: [insert name of person to whom witness summons is directed]

Address: [insert address details]

THIS WITNESS SUMMONS IS IMPORTANT.
PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS WITNESS SUMMONS MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

*A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS WITNESS SUMMONS. PLEASE READ IT BEFORE DISCUSSING THIS WITNESS SUMMONS WITH ANYONE.

You should note that your right to disclose the existence of this witness summons may be limited by the attached confidentiality notice.

The Independent Broad-based Anti-corruption Commission requires you under section 59E of the Independent Broad-based Anti-corruption Commission Act 2011 to attend to produce documents or other things for the purposes of a preliminary inquiry.

When and where must you attend?

You must attend at [insert address] or via an audio visual link or audio link provided by the Independent Broad-based Anti-corruption Commission *immediately/*on [insert date] at [insert time] *a.m./*p.m. and from day to day unless excused or released from further attendance.

What are you required to do?

You will be required to produce to the Independent Broad-based Anti‑corruption Commission the following documents or things that are in your possession or control:

[specify documents or things, and, if attendance is to be by means of audio visual link or audio link, how they are to be produced].

[signature]

[name]

[title]

Date: [insert date]

[attach statement outlining specified matters with respect to the witness summons and copy of any relevant confidentiality notice]

*Delete if not applicable.

Form 4

Regulation 35

Independent Broad-based Anti-corruption Commission Act 2011

Authorisation of Authorised Officer to Apply for a Search Warrant

In accordance with section 91 of the Independent Broad-based Anti‑corruption Commission Act 2011, I, [insert name], being

the Commissioner of the Independent Broad-based Anti-corruption Commission
a delegate of the Commissioner under section 32(5) of the Independent Broad-based Anti-corruption Commission Act 2011

authorise [insert authorised officer's name and title] to apply for a search warrant in relation to

the particular premises
a particular vehicle located in a public place
a particular vessel located in a public place
a particular aircraft located in a public place

named in the application.

[signature]

[name]

[title]

Date: [insert date]

*Delete if not applicable.

Sch. 1 Form 5 amended by S.R. Nos 118/2024 reg. 4, 8/2025 reg. 6.

Form 5

Regulation 36

Independent Broad-based Anti-corruption Commission Act 2011

Search Warrant

Court Ref:

[Description of document or thing]

This search warrant is authorised by section 91 of the Independent Broad‑based Anti-corruption Commission Act 2011.

The premises, vehicle, vessel or aircraft that is authorised to be searched is:

[Number and name of street and suburb of place to be searched]
[Identifying details of vehicle/vessel/aircraft]

Purpose for search: [insert information on purpose for search]

This search warrant authorises any authorised officer or police officer to enter and search the:

specified premises
specified vehicle located in a public place named or described in this warrant
specified vessel located in a public place named or described in this warrant
specified aircraft located in a public place named or described in this warrant

 to inspect any document or thing; and

 to make a copy of any document relevant, or that the person executing the warrant reasonably considers may be relevant, to the investigation; and

 to take possession of any document or other thing that the person executing the warrant considers relevant to the investigation.

This search warrant is subject to the following conditions:

[insert details of conditions]

Entry is authorised under this search warrant *at any time/*between [insert times between which entry is authorised].

This search warrant ceases to have effect on [insert date, not later than 28 days after the issue of the search warrant].

Issued at [insert time] *a.m./*p.m. on [insert date] by [insert name],
*Judge of the Supreme Court of Victoria/*Magistrate.

[signature of **Judge/Magistrate]

*Delete if not applicable.

Form 6

Regulation 37

Independent Broad-based Anti-corruption Commission Act 2011

Receipt for Seized Documents and Things

This receipt is for the purposes of section 93 of the Independent Broad‑based Anti-corruption Commission Act 2011.

Premises: [insert address details]

Name(s) of person(s) taking possession of a document or thing: [insert name/s]

Date: [insert date]

Item No.	Time seized	Description of item	Location of item when seized	Initials of person(s) taking possession of item

Taken from: [insert name of occupier from whom documents and things were taken]

By: [signature]

[name]

[title]

Form 7

Regulation 38

Independent Broad-based Anti-corruption Commission Act 2011

WITNESS SUMMONS FOR INVESTIGATION

To: [insert name of person to whom witness summons is directed]

Address: [insert address details]

THIS WITNESS SUMMONS IS IMPORTANT.
PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS WITNESS SUMMONS MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

*A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS WITNESS SUMMONS. PLEASE READ IT BEFORE DISCUSSING THIS WITNESS SUMMONS WITH ANYONE.

You should note that your right to disclose the existence of this witness summons may be limited by the attached confidentiality notice.

In accordance with section 120 of the Independent Broad-based Anti‑corruption Commission Act 2011, the Independent Broad‑based Anti‑corruption Commission (IBAC) requires you to attend an examination.

When is the examination?

What will the examination cover?

You will be required:

to give evidence before the IBAC *in relation to [state nature of the matters about which the witness is to be questioned, except to the extent that the IBAC considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest];
to produce to the IBAC the following documents or things that are in your possession or control:

[specify documents or things and, if attendance is to be by means of audio visual link or audio link, how they are to be produced];

to give evidence before the IBAC *in relation to [state nature of the matters about which the witness is to be questioned, except to the extent that the IBAC considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest] and to produce for examination by the IBAC the following documents or things that are in your possession or control:

[specify documents or things and, if attendance is to be by means of audio visual link or audio link, how they are to be produced]

[signature]

[name]

[title]

Date: [insert date]

[attach statement outlining specified matters with respect to the witness summons and a copy of any relevant confidentiality notice]

*Delete if not applicable.

Form 8

Regulation 39

Independent Broad-based Anti-corruption Commission Act 2011

Direction About a Witness Already Held in Custody

TO: [insert name of person in charge of place where witness is held in custody]

AT: [insert name and address of place where person is held in custody]

In accordance with section 126 of the Independent Broad-based Anti‑corruption Commission Act 2011 (the Act), I direct that [name of person in custody] born on [insert date of birth of person held in custody] who is detained at [insert name of place where person is held in custody] be delivered into the custody of [insert name of person to whom the person in custody is to be delivered] to be brought before the Independent Broad-based Anti-corruption Commission

AT: [insert address to which person in custody is to be brought]

ON: [insert date on which person in custody is to be brought]

AT: [insert time when person in custody is to be brought]

to *provide information/*produce a document or thing/*give evidence as required by the witness summons issued for the purposes of an investigation under Part 3 of the Act and directed to the person who is the subject of this direction.

Note: If the person who is the subject of this direction is under the age of 16 years at the date this direction is given, this direction is of no effect and the person is not required to attend the Independent Broad-based Anti-corruption Commission.

[signature]

[name]

[title]

Date: [insert date]

*Delete if not applicable.

Form 9

Regulation 40

Independent Broad-based Anti-corruption Commission Act 2011

Notice of Application to Determine Claim of Privilege or the Application of a Secrecy Requirement

To: [insert name of person who has made claim for privilege]

Address: [insert address details]

You are notified that the Independent Broad-based Anti-corruption Commission has applied to the Supreme Court under *section 59M/*section 100/*section 147 of the Independent Broad-based Anti-corruption Commission Act 2011 for a determination of your claim of:

privilege
the application of a secrecy requirement

with respect to [insert details of the claim of privilege or the application of a secrecy requirement being made].

[signature]

[name]

[title]

Date: [insert date]

*Delete if not applicable.

Form 10

Regulation 41

Independent Broad-based Anti-corruption Commission Act 2011

Arrest Warrant

TO: [insert name of member of police force, or all members of the police force]

Under section 153 of the Independent Broad-based Anti-corruption Commission Act 2011, the Independent Broad‑based Anti-corruption Commission has issued a certificate of charge, charging [name] of [address] with contempt of the Independent Broad-based Anti-corruption Commission under the Independent Broad-based Anti-corruption Commission Act 2011.

You are authorised to:

 arrest [name] of [address]; and

 bring the person before the Supreme Court without delay to be dealt with according to law; and

 detain the person in police custody in the meantime.

[signature]

[name]

[title]

Date: [insert date]

Form 11

Regulation 42

Independent Broad-based Anti-corruption Commission Act 2011

Statement of Your Right to Apply for Discharge From Custody

This statement is issued in accordance with section 155 of the Independent Broad-based Anti-corruption Commission Act 2011.

You have been arrested for contempt of the Independent Broad-based Anti‑corruption Commission.

Because it is not practicable to bring you before the Supreme Court without delay, you are entitled to apply to a bail justice for discharge from custody on bail.

If you want to apply for discharge from custody, you must advise the person in charge of the place where you are being detained.

If you do apply for discharge from custody, the person in charge of the place where you are being detained must ensure you are brought before a bail justice as soon as practicable.

The bail justice may order that you be discharged from custody in accordance with the Bail Act 1977. The person in charge of the place where you are being detained must abide by that order.

═════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Independent Broad-based Anti-corruption Commission Regulations 2023, S.R. No. 3/2023 were made on 31 January 2023 by the Governor in Council under sections 195 and 196 of the Independent Broad‑based Anti‑corruption Commission Act 2011, No. 66/2011 and came into operation on 4 February 2023: regulation 3.

The Independent Broad-based Anti-corruption Commission Regulations 2023 will sunset 10 years after the day of making on 31 January 2033 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule 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.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Independent Broad-based Anti‑corruption Commission Regulations 2023 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Independent Broad-based Anti-corruption Commission Amendment Regulations 2024, S.R. No. 118/2024

Date of Making:	29.10.24
Date of Commencement:	1.11.24: reg. 3

Independent Broad‐based Anti‐corruption Commission Amendment Regulations 2025, S.R. No. 8/2025

Date of Making:	25.3.25
Date of Commencement:	25.3.25

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3 Explanatory details

Reg. 4(a): S.R. No. 5/2013 as amended by S.R. Nos 5/2013, 70/2016 and 158/2019. ↑
Reg. 4(b): S.R. No. 70/2016. ↑
Reg. 4(c): S.R. No. 158/2019.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑

1 Independent Broad-based Anti-corruption Commission Regulations 2023

Version No. 003

Independent Broad-based Anti-corruption Commission Regulations 2023

S.R. No. 3/2023

Version incorporating amendments as at
25 March 2025

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provisions 1

3 Commencement 2

4 Revocations 2

5 Definitions 2

Part 2—Prescribed bodies and persons 3

6 Prescribed bodies and persons 3

Part 3—Defensive equipment and firearms 8

7 Courses of training in the use of defensive equipment 8

8 Courses of training in the use of firearms 8

Part 4—Assistance for witnesses 9

Division 1—Reimbursement of expenses 9

9 Reimbursement of expenses 9

10 Attendance allowance for expert witnesses 9

11 Attendance and general allowances for other witnesses 9

12 Meals and accommodation 10

13 Travelling expenses 11

14 Evidence of expenses 12

Division 2—Provision of legal assistance 12

15 Provision of legal assistance to witnesses 12

Part 5—Testing for alcohol or drugs of dependence 13

Division 1—General 13

16 Direction to provide a sample of breath or urine or allow a sample of blood to be taken 13

17 Blood and urine samples—general 15

Division 2—Breath analysis 16

18 Prescribed breath analysing devices 16

19 Procedure for breath analysis 16

20 Certificate of breath analysis 17

Division 3—Taking of blood samples 17

21 Direction to take blood sample 17

22 Procedure for taking blood sample 18

23 Procedure after blood sample taken 18

24 Certificate of taking blood sample 19

Division 4—Collection of urine samples 20

25 Prescribed persons to collect urine samples 20

26 Procedure for collecting urine sample 20

27 Procedure after person collects urine sample 21

28 Certificate of collecting of urine sample 21

The Regulations operationalise several recurring legal concepts in the Act by fixed rules and templates. Each core concept below is stated with the Regulation that prescribes its treatment.

Prescribed bodies and persons (reg 6)

The Regulations specify which external agencies are to be treated as "law enforcement agency" under paragraph (f) of s 3(1), and which are to be treated as "integrity body" under paragraph (o) of s 3(1). The list includes Commonwealth regulators such as the Australian Border Force, the ATO, ASIC, ACNC, AFSA, APRA and the ACCC, several interstate integrity/compliance bodies, and a number of Victorian statutory entities including the Victorian Electoral Commission, the Victorian Gambling and Casino Control Commission and the Victorian Institute of Teaching (reg 6(1)-(2)). The effect is definitional: these entities are brought within statutory labels that trigger particular Act provisions.

Senior classifications (reg 6(3)-(4))

The Regulations define who counts as a senior IBAC Officer for Part 5 training purposes and who counts as a senior officer for specific provisions in the Act. The lists include Commissioner, Deputy Commissioner, CEO, Executive Officers and certain non‑executive classifications (reg 6(3)), and cross‑refer to executive categories under the Public Administration Act 2004 and to senior police ranks and local government senior officers for other provisions (reg 6(4)).

Training approval and provenance (regs 7-8, 46-47)

The prescribed training must be an IBAC‑approved course conducted by the Australian Federal Police or a non‑Victorian State/Territory police force or service. IBAC must be satisfied that the course permits effective and safe use of defensive equipment or firearms in the IBAC investigatory context (regs 7(1)-(2), 8(1)-(2)). The transitional regs (46-47) accept prior Police Integrity Act training for certain officers.

Witness assistance scale and exclusions (regs 9-15)

The Regulations set the scale of reimbursements under s 150 of the Act (reg 9), disqualify persons under investigation and Crown prisoners from payments (reg 9(2)), specify caps for expert witnesses (reg 10) and non‑expert witnesses (reg 11), set meal and accommodation rates (reg 12), set travel reimbursement rules including an 18 cents/km vehicle rate (reg 13(2)), require evidence before payments will be approved (reg 14), and name the Secretary to the Department of Justice and Community Safety as the prescribed person to give legal assistance to witnesses under s 151 (reg 15).

Testing for alcohol and drugs of dependence (Part 5, regs 16-32)

The sample direction must set out the reason for testing (with an explicit menu of grounds, reg 16(1)(a)), the sample type required, the requirement to remain at specified premises and not to consume alcohol or drugs before testing, and other procedural notices (reg 16(1)(b)-(h)). A shortened (immediate) sample direction is permitted where delay would affect test accuracy, with a mandatory written notice to follow (reg 16(2)-(3)). Privacy and respectful collection rules apply to blood and urine sampling and the taking of blood from a person after a critical incident is restricted where a treating registered medical practitioner considers it prejudicial to care (reg 17). Breath testing devices are those prescribed under the Road Safety Act 1986 (reg 18). The Regulations set out sample collection devices, antiseptic requirements for blood site cleansing, dual containerisation and sealing, labelling, transport and certificate contents for blood and urine (regs 22-24, 26-30). Laboratories must store a second container for at least 12 months and send it for independent analysis if requested within 12 months by the IBAC Officer, at that officer's expense (reg 31). Test records must be held securely and nondisclosure is mandated except in enumerated circumstances (reg 32).

Prescribed forms and templates (Part 6, Schedule 1)

The schedule contains form templates for confidentiality notices (Forms 1 and 2), witness summonses for preliminary inquiries and investigations (Forms 3 and 7), authorisations to apply for search warrants, search warrants (Form 5), receipts for seized documents (Form 6), directions regarding witnesses held in custody (Form 8), notices of application to determine privilege (Form 9), arrest warrants (Form 10) and statements about right to apply for discharge from custody (Form 11). The confidentiality notice forms contain detailed mandatory text about permitted disclosures, obligations to provide copies to persons to whom disclosures are made, and the maximum penalties for unauthorised disclosure.

Proof of age and additional procedural protections (regs 43-44)

The Regulations list documents that qualify as proof of age (reg 43). They also require that where an oath or affirmation is administered and the witness uses an interpreter, the interpreter must be sworn under s 22(2) of the Evidence Act 2008, and that IBAC inform parents, guardians or independent persons of witness rights and obligations where a witness is to be accompanied by such a person (reg 44).

Confidentiality and support services (regs 32, 45)

Test result records and related records must be stored in a secure location (reg 32(1)) and disclosure restricted to specific grounds (reg 32(2)). The Regulations prescribe five named national support organisations for crisis support and mental health for persons subject to a confidentiality notice (reg 45).

Amendment and repeal mechanics (reg 4, Endnotes)

The Regulations expressly revoke the 2013 IBAC Regulations and two subsequent amendment regulations (reg 4). Endnotes record later amendments made by S.R. No. 118/2024 and S.R. No. 8/2025.

These main concepts frame how the Act will operate at the level of practical implementation: who falls inside statutory categories, what procedural safeguards apply to testing and evidence gathering, what financial entitlements witnesses will receive and what forms and administrative pathways the IBAC must use.

The Regulations create or clarify rights, duties and processes for multiple actor groups. Below is a practical map of who pays, who decides, and whose behaviour is affected, with references to the relevant Regulations.

IBAC and IBAC Officers (regs 7-8, 16-32, 43-44)

IBAC is the decisionmaker in several places: it must approve training courses under regs 7(1)/8(1) and be satisfied as to sufficiency (regs 7(2)/8(2)); it gives sample directions to IBAC Officers to test for alcohol or drugs (reg 16); it must ensure privacy and respectful collection of samples (reg 17); it receives and keeps certificates of analysis and must provide copies to the officer (reg 30(3)). IBAC also issues the prescribed forms such as confidentiality notices and summonses (Part 6). IBAC bears the administrative cost of implementing these processes and the operational responsibility to comply with procedural prescriptions.

IBAC Officers targeted for testing (Part 5)

Individual IBAC Officers are directly regulated by the testing provisions. A sample direction must state detailed reasons (reg 16(1)(a) including whether the IBAC believes the officer has consumed alcohol or a drug of dependence, was involved in a critical incident, or should be tested for performance management or disciplinary processes). Officers are required to remain at specified premises and not consume alcohol or drugs prior to testing (reg 16(1)(d)-(e)). Where a sample is taken, officers are entitled to receive certificates and may request independent analysis of the second container within 12 months at their own cost (regs 30(3), 31).

Prescribed outside agencies listed as law enforcement or integrity bodies (reg 6(1)-(2))

A broad set of Commonwealth agencies (for example, Australian Border Force, ATO, ASIC, APRA, AUSTRAC) and specified interstate and Victorian bodies are expressly prescribed for the purposes of the Act's definitions. Those entities are affected because a definitional inclusion will determine when and how particular Act provisions apply to or involve them. The Regulations do not amend the Act itself, but for statutory operation they cause the Act to treat these named agencies as "law enforcement agency" or "integrity body" where relevant under s 3(1) (reg 6).

Witnesses called to examinations or preliminary inquiries (Part 4, regs 9-15, Part 6 forms)

Witnesses summoned to attend an IBAC examination are affected in three ways: entitlement to reimbursement is set and capped (regs 10-13), eligibility exclusions exist (reg 9(2)), and proof requirements are strict (reg 14). The prescribed forms for witness summons (Forms 3 and 7) and attached confidentiality notices specify the circumstances in which witnesses may disclose restricted matters and impose obligations to provide copies of the confidentiality notice to any recipient of a permitted disclosure (Schedule 1 Forms 1 and 2). The Secretary to the Department of Justice and Community Safety is the prescribed person for legal assistance to witnesses (reg 15), so witnesses seeking legal assistance under s 151 will engage that official mechanism.

Laboratories, drug testing services and medical practitioners (Part 5, regs 21-31)

Registered medical practitioners who are directed to take blood samples must follow antiseptic and handling requirements (regs 21-24). Laboratories and drug testing services that receive samples must analyse them, issue certificates with specified particulars, and store the second container for not less than 12 months while complying with chain‑of‑custody labelling and sealing requirements (regs 29-31). Laboratories bear the costs and duty to produce certificates and to preserve samples for the statutory period.

Victorian entities acting as custodians, judicial officers and police (Part 6 forms)

Police executing arrest warrants and persons in charge of custody may be tasked under the prescribed forms (Forms 10 and 11). Search warrant forms (Form 5) and receipts for seized documents (Form 6) create a standard administrative record that magistrates, judges, authorised officers and police must use when the IBAC seeks judicial authorisation or executes statutory powers.

Support organisations and third‑party advisers (regs 45, Schedule 1)

Specific mental health and crisis support services are listed (reg 45). Where a confidentiality notice is issued, recipients may be directed to these organisations. Legal practitioners are affected by confidentiality notice rules in that legal advice is an authorised disclosure route and the IBAC may restrict representation by particular legal practitioners in specified circumstances (Schedule 1 Forms 1 and 2).

Employers and managers of witnesses (Schedule 1)

Confidentiality notices may allow a witness to disclose restricted matters to their employer or manager where the form permits, or may expressly prohibit such disclosure. Employers therefore may be involved in receiving a confidentiality notice recipient's permitted disclosures and will be obliged to handle those matters consistent with the notice and with the Act.

Persons subject to disciplinary or performance processes (reg 16(1)(a)(iii)-(iv))

The Regulations explicitly allow testing for performance management and disciplinary purposes. Individuals facing internal disciplinary processes are therefore exposed to testing that may be used in those processes, subject to the prescribed procedures and confidentiality constraints.

Members of the public affected by confidentiality notices (Part 6, Schedule 1)

The confidentiality notices in Schedule 1 give rise to criminal penalties mentioned in the notice text for unauthorised disclosure (Forms 1-2). The notices oblige recipients to provide a copy of the notice to any person they disclose to by permission, and to provide updated notices where relevant. This creates ongoing obligations for recipients that extend beyond initial receipt.

In short, the Regulations allocate administrative duties and evidentiary standards across IBAC, its staff, external medical and laboratory providers, witness recipients and prescribed external agencies. The practical effect is to make defined procedural steps mandatory and to channel interactions through particular administrative actors such as the Secretary to the Department of Justice and Community Safety for legal assistance (reg 15) and IBAC for training approval (regs 7-8).

This section lists the principal duties imposed by the Regulations and the principal rights they create, all grounded in the text of the instrument.

Duties imposed on IBAC (multiple regs)

Approve courses and be satisfied of sufficiency: IBAC must not approve a defensive equipment or firearms course unless satisfied it is sufficient to enable a senior IBAC Officer to effectively and safely use the equipment or firearms in investigations (regs 7(2), 8(2)). This is a substantive evaluative duty.
Give sample directions compliant with specified content: When directing an IBAC Officer to provide a sample, IBAC must include the prescribed particulars (reg 16(1)). If an immediate direction is given under reg 16(2), IBAC must give written notice with the full content of reg 16(1) as soon as practicable (reg 16(3)).
Maintain and provide records and certificates: IBAC receives certificates of breath analysis (reg 20) and certificates of sample analysis from laboratories (reg 30). The IBAC must provide a copy of the laboratory certificate to the IBAC Officer as soon as practicable (reg 30(3)).
Use prescribed forms: For the purposes of various Act sections the Regulations prescribe forms such as confidentiality notice Forms 1 and 2, witness summons Forms 3 and 7, warrant Forms 4 and 5, and others (regs 33-42, Schedule 1). IBAC is bound to use those forms in issuing notices and orders where the Act refers to prescribed forms.

Duties imposed on medical practitioners and sample collectors (regs 21-28)

Registered medical practitioners must take and handle blood samples according to sanitisation and labelling rules, place blood into two dry containers with appropriate preservatives and seals, label with practitioner signature and timing, and transport both containers to the laboratory or drug testing service (regs 22-24).
Persons collecting urine samples must collect in clean, dry, single‑use containers, split into two dry containers, place tamper‑proof seals, attach identifying labels (including signature, date and time) and transport both containers to the laboratory or drug testing service (regs 25-27).
Those who collect samples must give the officer a certificate with specified particulars (regs 24, 28).

Duties imposed on laboratories and drug testing services (regs 29-31)

Laboratories must analyse samples for alcohol or drugs of dependence, provide reports to IBAC, provide certificates containing specified particulars (reg 29-30), and store the second container for not less than 12 months and send it for independent analysis if requested by the officer within 12 months (reg 31(1)). The independent analysis is at the officer's cost (reg 31(4)).

Duties on persons holding records and confidentiality obligations (reg 32)

Records relating to sample directions and sample results must be kept in a secure location (reg 32(1)). Persons must not disclose information revealed by testing except in a closed list of circumstances set out at reg 32(2) (for example, where required by Division 1 of Part 9 of the Act, with the officer's consent, for management or disciplinary purposes, for investigation of an offence, or for de‑identified statistical reporting).

Duties on witnesses seeking reimbursement (regs 9-14)

Witnesses must produce evidence satisfactory to IBAC to obtain payment, including evidence of loss of income (regs 14(a)), receipts for expenditure (reg 14(b)), proof of absence from home for meal allowances (reg 14(c)) and evidence of transport cost for travel allowances (reg 14(d)). Witnesses cannot be paid if they are under investigation or are Crown prisoners (reg 9(2)).

Rights created for IBAC Officers and witnesses (regs 10-13, 30-31)

Reimbursement entitlements: Expert witnesses have a right to reimbursement of actual income lost up to $300 per hour and $1500 per day (reg 10). Non‑expert witnesses engaged in income‑producing work have a right up to $100 per hour and $600 per day (reg 11(2)). Non‑income‑earning witnesses have an entitlement to actual expenditure up to $50 per day (reg 11(3)). Meal and accommodation rates and overnight accommodation caps are specified (reg 12). Travel costs are reimbursed as the most economical form of transport having regard to listed factors, with a private vehicle rate at 18 cents per kilometre where used (reg 13). Childcare expenses incurred because of attendance are reimbursable (reg 11(4)).
Right to copies and independent analysis: An IBAC Officer from whom a sample was taken must be given a copy of the laboratory certificate (reg 30(3)) and may request independent analysis of the second container within 12 months at their expense (reg 31).

Procedural rights under confidentiality notices (Schedule 1 Forms 1-2)

The confidentiality notice forms set out the permitted disclosures, the obligations to provide that recipient with the confidentiality notice and to provide copies of any replacement or cancellation, and warn of penal consequences for unauthorised disclosures. They also list a broad set of exceptions and permitted disclosure pathways, including to legal advisers, certain prescribed support services, investigating entities and judicial processes.

Duties on IBAC about witness questioning (reg 44)

Before questioning a witness or requiring production of documents, IBAC must administer an oath or affirmation to the interpreter if the witness uses one (reg 44(a)), and inform any accompanying parent, guardian or independent person of the witness' rights and obligations (reg 44(b)).

Form and content obligations (Part 6)

The Regulations fix the authorised form for many instruments that affect persons' liberty or obligations (summonses, warrants, arrest warrants, receipt for seized items). Using these prescribed forms is a duty where the Act references a prescribed form (regs 33-42).

Penalty visibility (Schedule 1)

The confidentiality notices visible in the forms explicitly warn recipients of penalties up to 12 months imprisonment and a fine up to 120 penalty units for unauthorised disclosure, and the Endnotes explain how penalty units are valued (Schedule 1 Form 1 and Endnotes).

These duties and rights are concrete: they create particular administrative and evidentiary steps that must be completed before payment, sample collection or investigatory action can be treated as compliant, and they give IBAC Officers and witnesses specific programmatic entitlements and safeguards.

The Regulations themselves set out a mix of criminal exposure, administrative constraints and record‑keeping obligations. Key enforcement features are set in the forms and confidentiality provisions; the Regulations rely on the Act for certain enforcement mechanisms. The text below summarises where the Regulations create or connect to penalties and who enforces or must comply.

Confidentiality offences and penalties (Schedule 1 Forms 1-2, reg 32)

The confidentiality notice templates prominently warn that failure to comply with a confidentiality notice may be an offence carrying penalties including up to 12 months imprisonment and a fine of up to 120 penalty units. The forms make clear that those penal maximums derive from the Act and other statutory provisions referenced in the notice text (Forms 1 and 2 in Schedule 1). The Endnotes clarify that penalty units are valued under the Monetary Units Act 2004 and that the value for 2024-25 is $197.59, with the mechanism for future adjustment described (Endnotes, Penalty Units). The Regulations do not themselves set a new penalty quantum, but the forms refer to the statutory penalties available.

Contempt and arrest warrant procedure (Form 10, reg 41)

Form 10 is an arrest warrant template issued under s 153 of the Act that authorises police to arrest and bring before the Supreme Court a person charged with contempt of the IBAC under the Act, and to detain that person in police custody in the meantime. The execution and enforcement of such warrants involve police and the Supreme Court, as reflected in the form.

Evidence and record‑keeping obligations as enforcement levers (regs 14, 23, 27, 30-32)

Payment of witness reimbursements is conditional on producing the evidence required by reg 14. This is an administrative enforcement mechanism: withholding payment if documentation is not produced.
Regulations governing sample collection and labelling (regs 23 and 27) and certificate content (regs 20, 24, 30) create evidentiary chains that will be enforced by rejecting non‑compliant samples or certificate insufficiencies. Laboratories and sample collectors therefore have a duty to comply or risk the results being disregarded, and potentially of having to retake samples under appropriate circumstances.

Limits on disclosure as compliance obligations (reg 32)

Reg 32 imposes a duty of secure storage for records relating to sample directions and results, and an obligation not to disclose information obtained from testing except in narrowly prescribed circumstances. This creates a compliance requirement that can be enforced administratively or possibly by criminal sanctions where the Act provides, as indicated by the confidentiality notice forms' reference to penalties. The Regulations themselves do not create new criminal offences beyond those referenced in the Act and the forms.

Laboratory storage and independent analysis obligations with a retention period (reg 31)

Labs are required to store the second container for not less than 12 months and to send it for analysis if requested by the IBAC Officer within that period (reg 31(1)-(2)). Failure to store or supply the second container may affect procedural fairness and could be material to later challenges, but the Regulations do not specify specific sanctions against laboratories for non‑compliance. Enforcement in practice would occur via administrative or contractual mechanisms, or through evidentiary consequences in disciplinary or legal proceedings.

Search warrant conditions and time limits (Form 5, reg 36)

The search warrant form requires insertion of the date range within which the warrant is effective, not more than 28 days from issue, and authorises specified actions. Non‑compliance with the conditions of a warrant can result in the exclusion of material or other judicial remedies when challenged in court.

Who enforces and how enforcement is distributed

Criminal enforcement (for unauthorised disclosure or contempt) is channelled through the courts: the forms refer to the Supreme Court for contempt and the statutory penalty framework. Police are the operational enforcement agents when arrests are authorised (Form 10). IBAC enforces administrative obligations such as withholding reimbursements, issuing confidentiality notices and making sample directions. Hospitals, medical practitioners and laboratories are administratively obliged to comply with collection and storage rules and will be accountable in subsequent legal or disciplinary forums for failures. The Regulations do not create a new dedicated inspectorate; enforcement is effected through existing judicial, police and administrative processes.

Potential evidentiary and enforcement consequences implied by the Regulations

Detailed labelling, sealing and certificate requirements in regs 23 and 27 impose a chain‑of‑custody standard. If those steps are not followed, the practical enforcement consequence is the risk that any positive test result will be challenged as unreliable or inadmissible in further disciplinary, performance or criminal proceedings. The availability of independent analysis of the second container at the officer's expense (reg 31) is a procedural safeguard that also redistributes enforcement costs to the tested officer in the event they seek independent verification.

In sum, the Regulations operationalise the Act's enforcement architecture by setting detailed procedural steps that, if followed, produce admissible evidence and allow the statutory enforcement options to operate. They rely on judicial and police mechanisms for criminal enforcement and on IBAC's administrative controls for compliance with investigatory protocols and witness reimbursement.

The Regulations are a subordinate instrument to the Independent Broad‑based Anti‑corruption Commission Act 2011 and expressly link to multiple other statutes. The interaction is both definitional and procedural.

Statutory authorisation and sunset (reg 2, Endnotes)

The Regulations are made under ss 195 and 196 of the Act (reg 2). The Endnotes note the statutory sunset under the Subordinate Legislation Act 1994: the instrument will sunset 10 years after the day of making on 31 January 2033 (Endnotes, General information).

Cross‑reference to the Act's definitions (reg 5, reg 6)

Regulation 6 prescribes specific entities for the purposes of paragraphs (f) and (o) of the definition of "law enforcement agency" and "integrity body" in s 3(1) of the Act. This is a direct cross‑statutory definitional interaction , the Regulations alter the scope of the Act by enlarging the set of actors to which Act provisions referring to those definitional labels will apply.

Reference to the Road Safety Act 1986 for breath testing devices (reg 18)

The Regulations prescribe breath analysing devices by reference to those prescribed under s 53 of the Road Safety Act 1986. This creates device‑level technical interoperability between IBAC testing procedures and the road safety testing regime and ensures equipment parity where breath testing tech is standardised under the Road Safety Act.

Interaction with public administration and police statutes (reg 6(4))

The definition of "senior officer" for certain provisions refers to positions created or governed by other Victorian Acts: executive positions under Division 5 of Part 3 of the Public Administration Act 2004, specified police ranks under the Victoria Police Act 2013, senior local government officers under the Local Government Act 2020 and Court CEO under the Court Services Victoria Act 2014. That cross‑reference links the Regulations to those employment and appointment frameworks and ensures consistent classification across statutes.

Interconnection with the Evidence Act 2008 and other Acts where interpreter oaths and legal advice rights are concerned (reg 44, Schedule 1)

Regulation 44 requires IBAC to administer an oath or affirmation to an interpreter in accordance with s 22(2) of the Evidence Act 2008 before questioning a witness. The confidentiality notice forms in Schedule 1 list a number of Acts under which a legal practitioner may be retained or in respect of which disclosure may be permitted, including the Public Interest Disclosures Act 2012, Ombudsman Act 1973, Integrity Oversight Victoria Act 2011, Fair Work Act 2009 (Cth), Judicial Commission of Victoria Act 2016 and the Freedom of Information Act 1982. The forms therefore actively reference a web of other statutes that may be relevant to disclosure rights and obligations.

Interaction with Police Integrity Act 2008 (transitional regs 46-47)

The transitional provisions treat certain prior Police Integrity Act 2008 courses as prescribed training for specified IBAC Officers who were formerly officeholders under the Office of Police Integrity, effectively grandfathering training credentials acquired under earlier legislation.

Labelling and chain‑of‑custody interaction with laboratory standards and medical regulation (regs 22-31)

The Regulations require antiseptic and preservative labelling and particular sealing practices for blood and urine sample containers (regs 22-23, 26-27) and require laboratories to analyse and report results using specified certificate content (regs 29-30). These requirements intersect with professional standards under the Health Practitioner regulation framework and with laboratory accreditation regimes, though the Regulations do not explicitly cite particular accreditation Acts other than the Health Practitioner Regulation National Law referenced elsewhere in reg 6(2)(e).

Penalty unit valuation under Monetary Units Act 2004 and sentencing framework (Endnotes)

The Endnotes explain that penalties are denominated in penalty units under the Sentencing Act 1991 and that the value of a penalty unit for a given financial year is determined by the Monetary Units Act 2004. This means the models of monetary penalty adjustment under the Monetary Units Act and valuation publication requirements interact with the Regulations' references to fines and penalty units in the forms.

Implication for FOI and public reporting (Schedule 1, reg 32)

Confidentiality notices list the Freedom of Information Act 1982 among Acts relevant to disclosure rights, and reg 32 allows disclosure for the purposes of compiling reports and statistics provided identifying information is not included. These provisions interact with the FOI framework by signaling permitted disclosures and constraints on identification in reporting.

In short, the Regulations sit within a lattice of Victorian statutory regimes: they operationalise the Act by borrowing technical standards from the Road Safety Act for breath devices, reference other employment and integrity statutes for classification and voting of roles, and embed laboratory and medical handling rules that will interact with professional regulation and accreditation frameworks. Where cross‑references are explicit the Regulations impose concrete operational harmonies; where they are nominal (for example, listing Acts in the confidentiality forms) they signpost statutory pathways for permitted disclosures and legal advice.

The Regulations document their own revocation of predecessor instruments and record later statutory rule amendments. The instrument provides a compact amendment record in its revocation clause and in the Endnotes.

Revocations on commencement (reg 4)

Upon commencement (4 February 2023) the Regulations revoked three prior instruments: the Independent Broad‑based Anti‑corruption Commission Regulations 2013 (S.R. No. 5/2013 as amended), the Independent Broad‑based Anti‑corruption Commission Amendment Regulations 2016 (S.R. No. 70/2016) and the Independent Broad‑based Anti‑corruption Commission Amendment Regulations 2019 (S.R. No. 158/2019) (reg 4).

Amendments incorporated to date (Endnotes, Table of Amendments)

The Endnotes list two subsequent amendments incorporated into this publication:
- Independent Broad‑based Anti‑corruption Commission Amendment Regulations 2024, S.R. No. 118/2024, made 29 October 2024, commencing 1 November 2024 (Endnotes, Table of Amendments).
- Independent Broad‑based Anti‑corruption Commission Amendment Regulations 2025, S.R. No. 8/2025, made and commencing 25 March 2025 (Endnotes, Table of Amendments).

Schedule 1 form amendments noted in the body (Schedule 1 entries)

The Schedule notes specific form amendments effected by the 2025 instrument: Sch. 1 Form 1 and Form 2 are said to be amended by S.R. No. 8/2025 regs 4-5. Schedule 1 Form 5 (search warrant) is noted to have been amended by S.R. No. 118/2024 reg 4 and by S.R. No. 8/2025 reg 6. The Schedule itself displays which forms were updated and the Endnotes provide dates and statutory rule numbers for those updates.

Sunset and future lapse (Endnotes)

The Endnotes record that the Regulations will sunset 10 years after the day of making, on 31 January 2033, under section 5 of the Subordinate Legislation Act 1994. That provides a statutory expiry date unless the instrument is remade, extended or otherwise saved by subsequent legislation.

Penalty unit advisory (Endnotes)

The Endnotes supply an explanatory detail about penalty units, noting the value of a penalty unit for the financial year commencing 1 July 2024 is $197.59, and that the value for future years is to be fixed by the Treasurer under the Monetary Units Act 2004 and published in advance. This is not an amendment to the Regulations, but it is a dynamic administrative feature materially relevant to the monetary dimensions of any penalties referenced in the forms.

Transitional grandfathering (regs 46-47)

The transitional regulations (46 and 47) validate prior training under the Police Integrity Act 2008 for certain IBAC Officers authorised to use defensive equipment or firearms immediately before the commencement of the 2012 Amendment Act. These are transition provisions, not later amendments, but they are an important element of the Regulations' historical scaffolding.

Notes on how amendments are reported here

The printed instrument identifies which Schedule forms were amended and the S.R. numbers that effected the changes. To trace the textual changes in detail a reader should consult the S.R. No. 118/2024 and S.R. No. 8/2025 instruments themselves, which will contain the specific amending text and commencement dates. The Endnotes supply the meta information necessary to locate those instruments.

In short, the Regulations replaced earlier instruments in 2023, have been amended at least twice (October 2024 and March 2025), and contain transition provisions preserving certain prior training qualifications. The instrument will sunset in 2033 unless action is taken under the Subordinate Legislation Act 1994.

The Regulations, as printed, do not include any judicial decisions interpreting their provisions. The text supplied contains no references to court decisions or litigation outcomes. The Endnotes and Schedule of Amendments record only statutory changes and not case law.

What the source shows and does not show

The instrument supplies form templates and prescriptive procedures that will become part of the evidentiary and administrative framework in which any future challenges might arise, for example in relation to sample collection procedures, chain of custody, the validity of immediate sample directions (reg 16(2)-(3)), or the IBAC's approval of training courses (regs 7-8). However, the Regulations themselves do not record any litigation history and do not cite any judicial authority that has considered them.

Potential litigation vectors (based on provisions in the instrument)

Although there is no litigation history recorded in the Regulation text, readers should note the concrete areas in which litigation might arise later:
- challenges to the lawfulness of a sample direction where the content or process did not comply with reg 16;
- disputes about whether blood or urine samples were taken or handled in accordance with the antiseptic, sealing and labelling rules in regs 22-23 and 26-27;
- evidentiary challenges based on non‑compliance with the certificate content requirements in regs 20, 24 and 30;
- contestation of confidentiality notice effects, including claims of overreach in restrictions on disclosure or claims of prosecutorial unfairness;
- disputes about whether a training course approved by IBAC meets the sufficiency standard in regs 7(2) or 8(2); and
- procedural challenges to IBAC decisions to refuse reimbursement where the evidence requirements in reg 14 are not satisfied or are arbitrarily applied.

Absence of named judicial outcomes in the source

The text supplied does not identify any reported challenges or decisions. Practitioners seeking cases applying these Regulations must search external databases and court transcripts for litigation that may have arisen after the last incorporated amendment date (25 March 2025).

In sum, the Regulations set many procedural hooks that create potential future litigation risk points but, as at the text provided, there is no litigation history documented within the instrument itself.

This section flags practical pitfalls and points where routine practice can create unforeseen legal or administrative consequences, each grounded in the Regulations' text.

Definitional effects are immediate and wide (reg 6)

The list of prescribed bodies in reg 6 is used for the purposes of specified definitions in the Act (s 3(1) paragraphs (f) and (o)). Being on the list changes how the Act treats the entity. Organisations included may become subject to statutory interrelationships (for example referrals, integrity cooperation or information sharing) without further legislative change. Entities named may not have anticipated the operational consequences of that definitional inclusion.

Witness reimbursement exclusions may surprise recipients (reg 9(2))

Regulation 9(2) bars payments to a person whose conduct is being investigated by the IBAC or, in the case of a body corporate, its representative, and to a prisoner of the Crown. A witness who assumes entitlement to standard reimbursements may be ineligible if under investigation. The unavailability of payment for Crown prisoners may require IBAC to make alternative arrangements for such witnesses.

Strict documentary evidence required before payment (reg 14)

The IBAC must not approve payment unless the witness produces evidence satisfactory to IBAC of lost income, expenditure, absence from home or transport costs as relevant (reg 14). The phrase "to the satisfaction of the IBAC" imports administrative discretion and may lead to disputes where receipts are not contemporaneous, or where loss of income is an expectation rather than already realised.

Meal and accommodation rates are fixed and specific (reg 12)

The meal rates differentiate capital city and other locations with exact dollar amounts (reg 12(1)(a)). Overnight accommodation reimbursement is capped at $150 per night (reg 12(3)). Practitioners should not assume more generous rates will be allowed; any excess claims may be refused.

Private vehicle rate low relative to market costs (reg 13(2))

The private vehicle reimbursement rate is 18 cents per kilometre (reg 13(2)), a fixed rate that may be lower than other government or private sector rates. A witness who prefers actual fuel or vehicle cost might find the sum inadequate.

Expert and non‑expert caps may constrain retention decisions (regs 10-11)

Experts can claim actual income lost up to $300 per hour and $1500 per day (reg 10). Non‑expert witnesses with income‑producing occupations are capped at $100 per hour and $600 per day (reg 11(2)). These caps may affect the willingness of certain professionals to participate, particularly highly paid consultants or specialised experts whose usual fees exceed the cap.

Legal assistance pathway is to a named Secretary (reg 15)

The Regulations prescribe the Secretary to the Department of Justice and Community Safety as the person to provide legal assistance under s 151 (reg 15). That creates a centralised administrative gate for legal assistance decisions. Expect potential delay or procedural steps to secure assistance through that channel.

Sample direction content is detailed; immediate directions are allowed with later notice (reg 16)

A sample direction must state specified reasons for testing (reg 16(1)(a)-(h)). But reg 16(2) allows a truncated immediate direction where delay would affect accuracy, with a requirement that full written particulars be provided "as soon as practicable" later (reg 16(3)). Practitioners should note that the later provision of written particulars could become a procedural issue in challenges to the lawfulness of the immediate direction.

Collection and antiseptic rules are specific (regs 22, 26)

Blood site cleansing must use a swab from a container labelled as holding an aqueous solution of chlorhexidine and cetrimide and no alcohol‑containing substances (reg 22). Using methylated spirits, alcohol or tincture of iodine would contravene the Regulation and may be a ground to challenge a sample's integrity. This is a precise and uncommon detail that sample collectors must follow.

Dual containerisation and labelling strictness (regs 23, 27)

Both blood and urine must be placed into two containers, each with specified preservatives or tamper‑proof seals, and each bearing specified labelling including signature, date and time, and identification codes where possible (regs 23(d), 27(c)). Failure to comply can affect chain of custody and the ability to request independent analysis (reg 31).

Independent analysis is at the officer's cost and time‑limited (reg 31)

An officer has 12 months to request independent analysis of the second container, and any analysis is at the officer's expense (reg 31(1)-(4)). There is no funded mechanism for independent verification, which may affect the officer's willingness or capacity to challenge a result.

Confidentiality notice obligations are ongoing and burdensome (Schedule 1)

Where a person makes a permitted disclosure they must give the recipient a copy of the confidentiality notice and must give any replacement, cancellation or extension to each person previously given the information unless they have a "reasonable excuse" (Schedule 1 Forms 1 and 2). The notice repeats criminal penalties for non‑compliance. This creates ongoing administrative obligations for recipients and risk of criminal exposure if they fail to track and notify downstream recipients.

The forms require attachment of statutory text and explanations (Schedule 1)

The confidentiality notice templates require an attachment of the relevant Act provisions and an explanation of their effect. IBAC must prepare and supply those attachments consistently; failing to do so could generate procedural complaints or misunderstanding by recipients.

Breath device prescription by reference brings in external standards (reg 18)

The breath analysing devices are those prescribed for the Road Safety Act 1986 (reg 18). If the device list under the Road Safety Act changes, IBAC breath testing will be affected. IBAC operators must ensure device compatibility and maintenance consistent with the Road Safety Act standards.

Proof of age can be any document satisfying IBAC (reg 43(d))

Reg 43(d) allows "any other document or evidence that satisfies the IBAC" to prove age. This gives IBAC discretion that may admit informal evidence but also create uncertainty for those trying to produce standard documentation.

Forms and warrant time limits must be observed (Form 5)

The search warrant form requires that the warrant cease to have effect not later than 28 days after issue. Execution outside that time window may render searches unlawful. Care is needed to ensure timing and authorised conditions are correctly entered on the form.

No express sanctions against laboratories for failing to preserve the second container (reg 31)

Laboratories must store the second container for at least 12 months (reg 31(1)(a)). The Regulations do not specify a statutory penalty for failure to do so, so the practical consequence is evidentiary and contractual rather than a specified statutory sanction. Parties should therefore consider contractual safeguards and accreditation obligations.

Practitioners should map these technical constraints into operational checklists for sample collection teams, witness liaison officers, and legal advisers advising witnesses subject to confidentiality notices.

This section provides a practical compliance checklist based on the Regulations. It is organised by actor and action and cites the regulating provisions.

For IBAC as employer and regulator

Training approvals (regs 7-8, 46-47): maintain a register of IBAC‑approved courses. Approve only AFP or interstate police conducted courses as prescribed (regs 7(1), 8(1)). Document the satisfaction assessment that the course is sufficient to enable effective and safe use of equipment (regs 7(2), 8(2)). Keep records validating transitional qualifications taken under the Police Integrity Act where applicable (regs 46-47).
Sample directions (reg 16): whenever issuing a sample direction, ensure it contains the required particulars (reg 16(1)(a)-(h)). If an immediate direction under reg 16(2) is given, record the reason why delay would materially affect test accuracy, record the names of the officer giving and the officer receiving the direction, and issue the full written notice as soon as practicable (reg 16(3)). Maintain signed copies.
Privacy and dignity protocols (reg 17): ensure sampling is conducted respectfully and privately; specify who is allowed in the room; ensure minimal removal of clothing and minimal visual inspection; do not take a blood sample from a person involved in a critical incident where a treating registered medical practitioner considers it prejudicial (reg 17(1)-(3)). Build these constraints into standard operating procedures and training for sample collectors.
Forms and notices (regs 33-42, Schedule 1): use the prescribed confidentiality notices, witness summonses, search warrant forms, receipts and other prescribed forms without alteration unless an amendment is made. Attach statutory text and explanations to confidentiality notices as required by the forms. Maintain version control so that updated forms (for example as amended by S.R. 118/2024 and S.R. 8/2025) are used.
Record security (reg 32): store sample directions, sample records and test results in a secure location. Implement access control, audit trails and retention protocols consistent with reg 32(1). Provide copies of laboratory certificates to the officer as soon as practicable (reg 30(3)).

For medical practitioners and sample collectors

Blood collection kit and antiseptic (reg 22): use cleansing swabs from containers labelled to contain an aqueous solution of chlorhexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other alcohol‑containing substance. Do not use alcohol‑based antiseptics that would contravene the reg. Keep container labelling and batch identification for audit.
Containerisation and labelling (regs 23, 27): split blood and urine into two dry containers with approximately equal volume, seal with vacuum or septum seals for blood and tamper‑proof locks for urine, label each container with the required labelling particulars (practitioner signature, date/time, subject name or identifying information, preservative identification and preparer lab name where relevant), and transport both containers promptly to an accredited lab (regs 23(a)-(e), 27(a)-(d)).
Provide certificates (regs 24, 28): issue the statutory certificate to the IBAC Officer at the time of collection, including all specified items. Store a certified copy in your medical records.

For laboratories and drug testing services

Analysis and reporting (regs 29-30): upon receipt, analyse samples for alcohol and drugs of dependence and issue a certificate to IBAC containing each of the particulars listed in reg 30(2), including whether seals were intact, identification numbers, dates, and factors that may have affected results. Keep copies and send a copy to the IBAC Officer as required.
Storage of second container (reg 31): store the second container for not less than 12 months and establish a log and chain‑of‑custody record. On request within 12 months by the IBAC Officer, forward the second container to the practitioner's nominated facility for independent analysis, noting that the IBAC Officer bears the cost (reg 31(1)-(4)).

For employers and witnesses

Evidence for reimbursement (reg 14): collect and retain contemporaneous proof of lost income, receipts for expenditure, accommodation invoices and transport tickets. Where attendance causes childcare expenses, keep receipts to claim reimbursement under reg 11(4). Note the hourly and daily caps for expert and non‑expert witnesses under regs 10-11 and plan participation or negotiation of remuneration accordingly.
Meal and accommodation rules (reg 12): verify whether the location is a capital city or not before claiming the prescribed meal allowances, observe the time windows for breakfast, lunch and dinner eligibility (reg 12(2)), and keep accommodation receipts to claim up to $150 per night for overnight absence (reg 12(3)).
Travel claims (reg 13): prefer the most economical form of transport and retain documentary evidence of costs; where using a private vehicle claim the flat 18 cents per kilometre rate per reg 13(2) and maintain a travel log showing distances travelled and times to support the calculation.
Legal assistance (reg 15): if assistance is required under s 151, make the application via the Secretary to the Department of Justice and Community Safety as prescribed and follow any administrative guidance the Secretary provides.

For IBAC Officers and those subject to confidentiality notices

Confidentiality notice obligations (Schedule 1 Forms 1-2): read the confidentiality notice carefully, comply with the explicit restrictions on disclosure, and if making a permitted disclosure provide the recipient with a copy of the notice. If the notice is replaced or cancelled you must give all persons previously given the restricted matter a copy of the new notice or cancellation unless you have a reasonable excuse. Retain copies of notices and any correspondence about permitted disclosures.
Requesting independent analysis (reg 31): if you wish to seek independent verification of a sample analysis, make the request within 12 months and be prepared to bear the costs. Identify and nominate a registered medical practitioner or laboratory in your request to ensure speedy transfer.

Operational and audit recommendations

Maintain a compliance checklist for sample collection that mirrors regs 16-31 so that each step from direction to certificate is documented. The checklist should cover immediate direction scenarios (reg 16(2)-(3)), antiseptic requirements (reg 22), dual containerisation (regs 23 and 27), chain of custody and lab certificate particulars (regs 20, 24, 30), and storage of the second container (reg 31).
Version control all prescribed forms and attach the Act provisions and explanatory text as the forms require. Train staff on the procedural obligations to administer interpreter oaths and inform parents or guardians where relevant (reg 44).
For organisations newly prescribed by reg 6, review internal policies and memorandum of understanding frameworks with IBAC to clarify how definitional inclusion will affect information requests, referrals or investigation interactions.
For laboratories and medical practitioners, align handling procedures with the Regulations and document chain‑of‑custody to withstand later evidentiary challenge. Consider contractual indemnities or insurance to manage the risk that an officer will request independent analysis at their cost.

Following these checklists will not eliminate all legal risk, but they implement the Regulations' mandatory steps and evidentiary standards that underpin disciplinary, performance or potential criminal processes described in the Act and the Regulations.

Independent Broad-based Anti-corruption Commission Regulations 2023

Plain English Summary

Deep Dive

What it does

Current sections

Independent Broad-based Anti-corruption Commission Regulations 2023

Source text: opening excerpt

1 Independent Broad-based Anti-corruption Commission Regulations 2023

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply