Integrity Oversight Victoria Act 2011

33 Unauthorised disclosures or provision of information 62

34 Special provision applying in respect of function under section 11(2)(g) 63

35 Special provisions applying in respect of functions under section 11(2)(i) and (j) and Major Crime (Investigative Powers) Act 2004 64

36 Integrity Oversight Victoria may provide or disclose information for specified purposes 65

36A Disclosure of information by Integrity Oversight Victoria 66

36B Disclosure of findings in relation to Parliamentary Workplace Standards and Integrity Commissioners 68

37 Restrictions on compelling production or disclosure 69

Division 3—Confidentiality notices 70

38 Confidentiality notice 70

39 Disclosure subject to confidentiality notice 74

Part 3—Matters to be reported to Integrity Oversight Victoria by the IBAC 80

40 Coercive questioning 80

40A Review of notices etc. provided by the IBAC 81

Part 4—Matters to be reported to Integrity Oversight Victoria by the Auditor‑General 83

41 Coercive questioning 83

41A Review of notices etc. provided by the Auditor-General 84

Part 5—Matters to be reported to Integrity Oversight Victoria by the Ombudsman 86

42 Coercive questioning 86

42AA Review of notices etc. provided by the Ombudsman 87

Part 5A—Matters to be reported to Integrity Oversight Victoria by the Information Commissioner 89

42A Coercive questioning 89

Part 5B—Matters to be reported to Integrity Oversight Victoria by other persons and bodies 91

42B Review of notices etc. provided by the Chief Examiner 91

42C Review of notices etc. provided by the Information Commissioner 92

42F Review of information provided by Parliamentary Workplace Standards and Integrity Commission 94

Part 6—Investigations and inquiries 97

Division 1—Investigations 97

43 Complaints 97

43A Form of complaint 102

44 Investigation of complaint 102

44A Integrity Oversight Victoria may refuse to investigate certain public interest complaints 105

44B Investigation of public interest complaint when other proceedings on foot 106

45 Advice to person who made public interest complaint 107

46 Own motion investigation 109

47 Conduct of investigation 112

48 Requirement to provide assistance 120

48A Withdrawal of complaint 122

Division 1A—Preliminary inquiries 123

48B Integrity Oversight Victoria may conduct preliminary inquiry 123

48C Integrity Oversight Victoria may conduct a preliminary inquiry in relation to an own motion investigation 123

48D Divisions 2 and 3 do not apply 124

48E Persons to provide assistance 124

Division 2—Inquiries 124

49 Power to hold inquiry 124

50 Conduct of inquiry 124

51 Examination must be held in private 125

52 Integrity Oversight Victoria may give directions or order 127

53 Witness summons 128

54 Content and form of witness summons 130

55 Witness summons directed to person under 16 years 133

56 Service of witness summons 133

57 Supreme Court may order service by other means 136

57A Witness already held in custody 137

58 Legal representation of witnesses and other persons 138

59 Specific provisions relating to witnesses 141

60 Actions to be taken before questioning of a witness or requiring production of a document or other thing 142

61 Witness attending examination in relation to investigation of public interest complaint to be informed of confidentiality obligations 144

62 Power to examine on oath or affirmation 144

63 Powers of entry, inspection and seizure 145

64 Offence for summoned witness to fail to attend examination 150

65 Offence for summoned witness to refuse or fail to answer question 151

66 Offence for summoned witness to fail to produce document or other thing 152

67 Offence to fail to take oath or make affirmation 152

67A Act applies equally to attendance in person or by audio visual link or audio link 152

Division 3—Privileges and secrecy provisions applying to inquiries 154

68 Privileges and secrecy generally 154

69 Journalist privilege does not apply 158

70 Privilege against self-incrimination abrogated—witness summons 158

71 Protection of legal practitioners and witnesses 159

Division 4—Contempt 160

72 Contempt of Integrity Oversight Victoria 160

73 Charging and arresting a person for contempt 161

74 Bail pending court appearance for contempt 162

75 Custody pending court appearance for contempt 163

76 Supreme Court to deal with contempt 164

77 Act or omission constituting both an offence and contempt 164

Part 7—Recommendations and reports 165

Division 1—Recommendations and action on completion of investigation 165

78 Recommendation to IBAC 165

79 Recommendation for further action in respect of IBAC personnel 166

80 Recommendation to the Auditor-General 167

81 Recommendation for further action in respect of VAGO officers 168

82 Recommendation to the Ombudsman 169

83 Recommendation for further action in respect of Ombudsman officers 170

83A Recommendation to Parliamentary Workplace Standards and Integrity Commission 171

83B Recommendation for further action in respect of Parliamentary Workplace Standards and Integrity Commission officers 172

84 Recommendation to the Chief Examiner 173

85 Recommendation for further action 174

85A Recommendation to the Information Commissioner 175

85B Recommendation for further action in respect of officers of the Office of the Victorian Information Commissioner 177

85C Recommendation to the Judicial Commission 178

85D Recommendations in relation to a Public Interest Monitor 179

85E Recommendation for further action in respect of a Public Interest Monitor 179

86 Recommendations must not include information likely to identify person who makes an assessable disclosure 181

86A Recommendations relating to Public Interest Monitor must not include certain information 181

87 Special reports 183

87A Advance copy of report to Parliament 188

88 Advice to a complainant and other persons 189

89 Outcome of investigation 193

90 Powers of Integrity Oversight Victoria after investigation 201

Division 2—Budget, annual plan and performance audit 201

90A Budget 201

90B Annual plan 202

90C Transmission of annual plan to Parliament 203

90D Independent performance audit 204

90E Report of independent performance auditor 206

91 Matters to be included in annual report 209

Division 3—Miscellaneous 221

92 Persons who receive reports or information prior to publication 221

Part 8—General 223

Division 1—Miscellaneous 223

92A Complaints etc. by detained person 223

93 Immunity 225

94 Offence to impersonate an Integrity Oversight Victoria Officer 225

95 Offence to hinder or obstruct an Integrity Oversight Victoria Officer 225

96 Compliance with direction or requirement 226

97 Statement which is false or misleading 226

97AA Offence to disclose certain advice or information received from Integrity Oversight Victoria 227

97A Criminal liability of officers of bodies corporate—accessorial liability 230

97B Maximum fine for body corporate 232

98 Responsible agency for the Crown 232

99 Proceedings against successors to public bodies 233

100 Power to bring proceedings 233

101 Validity and effect of notices, orders and other documents and deemed service 234

102 Exemption from Freedom of Information Act 1982 234

103 Regulations 236

104 Regulations—specific matters 237

106 Schedule 238

Division 2—Saving and transitional provisions arising from Victorian Inspectorate name change 239

107 Definition for this Division 239

108 Operation of Interpretation of Legislation Act 1984 239

109 Construction of references 239

110 Saving provision—Victorian Inspectorate 240

111 Saving provision—Inspector 240

Schedule 241

═══════════════

Endnotes 251

1 General information 251

2 Table of Amendments 253

3 Explanatory details 258

Version No. 051

Integrity Oversight Victoria Act 2011

No. 70 of 2011

Version incorporating amendments as at

The Parliament of Victoria enacts:

Part 1—Preliminary[1]

S. 1 amended by Nos 19/2012 s. 3, 82/2012 s. 197, 31/2024 s. 113(Sch. 1 item 1.1).

1 Purpose

The purpose of this Act is to establish Integrity Oversight Victoria to provide oversight of other integrity, accountability or investigatory bodies or officers, including the Independent Broad-based Anti-corruption Commission and to monitor compliance by a Public Interest Monitor with the prescribed obligations.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 July 2012, it comes into operation on that day.

S. 3 amended by No. 19/2012 s. 4(3) (ILA s. 39B(1)).

3 Definitions

(1) In this Act—

S. 3(1) def. of arrest warrant inserted by No. 19/2012 s. 4(1).

arrest warrant means an arrest warrant issued under section 73(1)(b);

S. 3(1) def. of assessable disclosure inserted by No. 85/2012 s. 106, amended by No. 2/2019 s. 58(2)(a).

assessable disclosure has the same meaning as in the Public Interest Disclosures Act 2012;

S. 3(1) def. of audit inserted by No. 82/2012 s. 198.

audit has the meaning given in section 3(1) of the Audit Act 1994;

S. 3(1) def. of Auditor-General inserted by No. 82/2012 s. 198.

Auditor-General has the meaning given in section 3(1) of the Audit Act 1994;

S. 3(1) def. of Australian legal practitioner repealed by No. 17/2014 s. 160(Sch. 2 item 106).

S. 3(1) def. of authorised legal representative inserted by No. 11/2021 s. 171.

authorised legal representative of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;

S. 3(1) def. of certificate of charge inserted by No. 19/2012 s. 4(1).

certificate of charge means a certificate of charge issued under section 73(1)(a);

S. 3(1) def. of Chief Commis-sioner of Police inserted by No. 82/2012 s. 26(1), amended by No. 37/2014 s. 10(Sch. item 179.1(b)).

Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

S. 3(1) def. of Chief Examiner inserted by No. 82/2012 s. 26(1).

Chief Examiner means the Chief Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004;

S. 3(1) def. of Chief Integrity Inspector inserted by No. 31/2024 s. 113(Sch. 1 item 1.2(a)).

Chief Integrity Inspector means the person appointed under section 18;

S. 3(1) def. of coercive power inserted by No. 82/2012 s. 26(1), amended by Nos 16/2016 s. 177(a), 20/2017 s. 107(a), 2/2019 ss 131(1), 202, 12/2019 s. 10, 21/2020 s. 84(2), 31/2024 s. 97(1), 35/2025 s. 91(a).

coercive power means—

(a) in relation to a VAGO officer, any power of the Auditor-General or another VAGO officer under sections 30 and 43 of the Audit Act 1994;

(b) in relation to an Ombudsman officer—any power of the Ombudsman or a member of the Ombudsman staff under Division 3 of Part IV of the Ombudsman Act 1973; or

(c) in relation to the Chief Examiner or an Examiner—

(i) the power of the Chief Examiner to issue a witness summons under section 15 of the Major Crime (Investigative Powers) Act 2004;

(ii) the power of the Chief Examiner to make an order under section 18 of the Major Crime (Investigative Powers) Act 2004;

(iii) the power under section 35A of the Major Crime (Investigative Powers) Act 2004;

(iv) the power to require the production of documents or the giving of evidence at an examination under Part 4 of the Major Crime (Investigative Powers) Act 2004;

(d) in relation to an officer of the Office of the Victorian Information Commissioner—

(i) the power to issue a notice under sections 49KB, 61I(4) and 61P(2) of the Freedom of Information Act 1982, including the power to vary or revoke the notice under section 61V of that Act; or

(ii) the power to issue a notice under section 68 or 79 of the Privacy and Data Protection Act 2014, including the power to vary or revoke the notice under section 83B of that Act;

(da) in relation to the Judicial Commission, the power of the Judicial Commission to require the officer concerned to undergo a medical examination under section 29 of the Judicial Commission of Victoria Act 2016;

(e) in relation to an investigating panel—

(i) the power of an investigating panel to require the officer concerned to undergo a medical examination under section 57 of the Judicial Commission of Victoria Act 2016; or

(ii) the power of an investigating panel to require the production of any document or thing under section 69 of the Judicial Commission of Victoria Act 2016; or

(iii) the power of an investigating panel to issue a witness summons under section 70 of the Judicial Commission of Victoria Act 2016; or

(iv) the power of a member of an investigating panel to examine a person under oath or affirmation under section 78 of the Judicial Commission of Victoria Act 2016; or

(v) the power to apply for a search warrant under section 84 of the Judicial Commission of Victoria Act 2016;

Commissioner has the same meaning as it has in section 3 of the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of Commis-sioner of the Wage Inspectorate Victoria inserted by No. 21/2020 s. 84(1), repealed by No. 35/2025 s. 91(b).

S. 3(1) def. of confidentiality notice inserted by No. 19/2012 s. 4(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.2(b)).

confidentiality notice means a notice issued by Integrity Oversight Victoria under section 38(1);

Deputy Commissioner has the same meaning as it has in section 3 of the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of detained person inserted by No. 59/2014 s. 25, amended by Nos 2/2019 s. 131(2), 19/2019 s. 274, 39/2022 s. 881, 9/2023 ss 252, 263.

detained person means—

(a) a person in prison in the legal custody of the Secretary to the Department of Justice in accordance with the Corrections Act 1986; or

(b) a person in a police gaol in the legal custody of the Chief Commissioner of Police in accordance with the Corrections Act 1986; or

(c) a person in a remand centre, youth justice centre or youth residential centre in the legal custody of the Secretary to the Department of Justice and Community Safety in accordance with the Children, Youth and Families Act 2005; or

(d) a patient detained in a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022; or

(e) a person detained in a residential service, SDA dwelling or residential treatment facility under Part 8 of the Disability Act 2006; or

(ea) a person in accommodation approved for supervised treatment under section 187 of the Disability Act 2006; or

(f) a person detained at a treatment centre under a detention and treatment order made under section 20 of the Severe Substance Dependence Treatment Act 2010;

S. 3(1) def. of disciplinary process or action inserted by No. 19/2012 s. 4(1), amended by No. 37/2014 s. 10(Sch. item 179.1(c)).

disciplinary process or action means in relation to a person's employment or appointment as a public sector employee or a member of Victoria Police personnel—

(a) any process undertaken for the purposes of determining what, if any, disciplinary action is warranted in relation to a breach or possible breach of the person's terms and conditions of employment;

(b) any action taken following a process specified in paragraph (a) that is permitted under legislation or the person's terms and conditions of employment;

(c) any review process or proceeding, including an appeal process or proceeding, in relation to a process specified in paragraph (a) or an action specified in paragraph (b);

(d) any administrative or judicial process or proceeding involving a claim for any remedy in relation to a process specified in paragraph (a) or an action specified in paragraph (b);

S. 3(1) def. of domestic partner inserted by No. 19/2012 s. 4(1).

domestic partner of a person means—

(a) a person who is in a registered relationship with a person; or

A registered relationship is defined in subsection (2).

(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

S. 3(1) def. of Examiner inserted by No. 82/2012 s. 26(1).

Examiner means an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004;

IBAC has the same meaning as it has in section 3 of the Independent Broad-based
Anti-corruption Commission Act 2011;

S. 3(1) def. of IBAC Committee repealed by No. 2/2019 s. 197(1)(a).

IBAC Officer has the same meaning as it has in section 3 of the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of IBAC personnel substituted by No. 19/2012 s. 4(2).

IBAC personnel means—

(a) an IBAC Officer;

(b) a person who was formerly an IBAC Officer;

S. 3(1) def. of Information Commis-sioner inserted by No. 20/2017 s. 107(b).

Information Commissioner means the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982;

S. 3(1) def. of Inspector repealed by No. 31/2024 s. 113(Sch. 1 item 1.3).

S. 3(1) def. of Integrity and Oversight Committee inserted by No. 2/2019 s. 197(1)(b).

Integrity and Oversight Committee means the Integrity and Oversight Committee established by section 5(a) of the Parliamentary Committees Act 2003;

S. 3(1) def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 1.2(a)).

Integrity Oversight Victoria means the body established by section 8(1);

S. 3(1) def. of Integrity Oversight Victoria Officer inserted by No. 31/2024 s. 113(Sch. 1 item 1.2(a)).

Integrity Oversight Victoria Officer means—

(a) the Chief Integrity Inspector; or

(b) a member of staff of Integrity Oversight Victoria; or

(c) a person engaged by Integrity Oversight Victoria to provide Integrity Oversight Victoria with services, information or advice;

S. 3(1) def. of investigating panel inserted by No. 16/2016 s. 177(b).

investigating panel has the same meaning as in Part IIIAA of the Constitution Act 1975;

S. 3(1) def. of Judicial Commission inserted by No. 16/2016 s. 177(b).

Judicial Commission has the same meaning as in Part IIIAA of the Constitution Act 1975;

S. 3(1) def. of member of Victoria Police personnel inserted by No. 37/2014 s. 10(Sch. item 179.1(a)).

member of Victoria Police personnel has the same meaning as it has in the Victoria Police Act 2013;

S. 3(1) def. of office of the Ombudsman inserted by No. 82/2012 s. 261.

office of the Ombudsman has the meaning given in section 2(1) of the Ombudsman Act 1973;

S. 3(1) def. of Office of the Special Investigator inserted by No. 50/2021 s. 103, repealed by No. 31/2023 s. 18.

S. 3(1) def. of OSI officer inserted by No. 50/2021 s. 103, repealed by No. 31/2023 s. 18.

S. 3(1) def. of OSI personnel inserted by No. 50/2021 s. 103, repealed by No. 31/2023 s. 18.

S. 3(1) def. of Office of the Victorian Information Commis-sioner inserted by No. 20/2017 s. 107(b).

Office of the Victorian Information Commissioner means the Office of the Victorian Information Commissioner established under section 6B of the Freedom of Information Act 1982;

S. 3(1) def. of officer of the Office of the Victorian Information Commis-sioner inserted by No. 20/2017 s. 107(b).

officer of the Office of the Victorian Information Commissioner means—

(a) the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982; and

(b) the Public Access Deputy Commissioner; and

(c) the Privacy and Data Protection Deputy Commissioner; and

(d) a person referred to in section 6Q of the Freedom of Information Act 1982;

S. 3(1) def. of Ombudsman officer inserted by No. 82/2012 s. 261.

Ombudsman officer has the meaning given in section 2(1) of the Ombudsman Act 1973;

S. 3(1) def. of Ombudsman premises inserted by No. 82/2012 s. 261.

Ombudsman premises has the meaning given in section 2(1) of the Ombudsman Act 1973;

S. 3(1) def. of Parliamentary Committee inserted by No. 2/2019 s. 182.

Parliamentary Committee means the Integrity and Oversight Committee established under section 5(a) of the Parliamentary Committees Act 2003;

S. 3(1) def. of Parliamentary Workplace Standards and Integrity Commission inserted by No. 27/2024 s. 162.

Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;

S. 3(1) def. of Parliamentary Workplace Standards and Integrity Commission officer inserted by No. 27/2024 s. 162.

Parliamentary Workplace Standards and Integrity Commission officer means a person who is or was—

(a) a Parliamentary Workplace Standards and Integrity Commissioner; or

(b) a Commission officer within the meaning of section 3(1) of the Parliamentary Workplace Standards and Integrity Act 2024;

S. 3(1) def. of Parliamentary Workplace Standards and Integrity Commission premises inserted by No. 27/2024 s. 162.

Parliamentary Workplace Standards and Integrity Commission premises means any premises or part of premises occupied by the Parliamentary Workplace Standards and Integrity Commission, other than residential premises;

S. 3(1) def. of Parliamentary Workplace Standards and Integrity Commis-sioner inserted by No. 27/2024 s. 162.

Parliamentary Workplace Standards and Integrity Commissioner means a commissioner as defined by section 3(1) of the Parliamentary Workplace Standards and Integrity Act 2024;

S. 3(1) def. of person in charge inserted by No. 59/2014 s. 25.

person in charge, in relation to a detained person, means the person who is in charge of the place or institution where the person is a detained person;

S. 3(1) def. of police force inserted by No. 19/2012 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 179.1(d)).

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 179.1(a)), amended by No. 21/2015 s. 3(Sch. 1 item 65).

police officer has the same meaning as it has in the Victoria Police Act 2013;

Police officers include police reservists (see section 45(x) of the Victoria Police Act 2013) and special constables (see section 193(1) of that Act).

S. 3(1) def. of police personnel inserted by No. 19/2012 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 179.1(d)).

S. 3(1) def. of police personnel misconduct inserted by No. 19/2012 s. 4(1), amended by No. 82/2012 s. 320(a).

police personnel misconduct has the meaning given by section 5 of the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of police personnel premises inserted by No. 19/2012 s. 4(1).

police personnel premises has the same meaning as it has in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of premises of the Chief Examiner inserted by No. 82/2012 s. 26(1).

premises of the Chief Examiner includes any premises of an Examiner but does not include any residential premises;

S. 3(1) def. of prescribed obligations inserted by No. 19/2012 s. 4(1), amended by Nos 34/2016 s. 35, 31/2024 s. 36.

prescribed obligations means—

(a) the requirement under section 3D(4) of the Major Crime (Investigative Powers) Act 2004;

(b) the requirement under section 12D(3) of the Surveillance Devices Act 1999;

(c) the requirement under section 4D(3) of the Telecommunications (Interception) (State Provisions) Act 1988;

(ca) the requirement under section 4J(3) of the Telecommunications (Interception) (State Provisions) Act 1988;

(d) the requirement under section 4F(4) or 4N of the Terrorism (Community Protection) Act 2003;

(e) any requirement under the regulations made under the Public Interest Monitor Act 2011 relating to the transmission, disposal and storage of documents or information that a Public Interest Monitor receives in performing his or her functions;

(f) the requirement that applies to the Public Interest Monitor under section 20N of the Witness Protection Act 1991;

(g) any requirement under the regulations made under the Witness Protection Act 1991 relating to the transmission, disposal and storage of documents or information that the Public Interest Monitor receives in performing the functions of the Public Interest Monitor under that Act;

S. 3(1) def. of Principal Public Interest Monitor inserted by No. 2/2019 s. 58(1).

Principal Public Interest Monitor has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011;

S. 3(1) def. of Privacy and Data Protection Deputy Commis-rioner inserted by No. 20/2017 s. 107(b).

Privacy and Data Protection Deputy Commissioner means the Privacy and Data Protection Deputy Commissioner appointed under section 8H of the Privacy and Data Protection Act 2014;

S. 3(1) def. of privilege inserted by No. 19/2012 s. 4(1), amended by No. 52/2012 s. 25.

privilege means—

(a) any privilege that a person is entitled to claim in any proceedings before a court or tribunal, other than the privilege provided for in Division 1C of Part 3.10 of the Evidence Act 2008; and

(b) public interest immunity;

S. 3(1) def. of protected disclosure complaint inserted by No. 85/2012 s. 106, repealed by No. 2/2019 s. 58(3).

S. 3(1) def. of protective services officer inserted by No. 37/2014 s. 10(Sch. item 179.1(a)).

protective services officer has the same meaning as it has in the Victoria Police Act 2013;

S. 3(1) def. of Public Access Deputy Commis-rioner inserted by No. 20/2017 s. 107(b).

Public Access Deputy Commissioner means the Public Access Deputy Commissioner appointed under section 6D of the Freedom of Information Act 1982;

S. 3(1) def. of public body inserted by No. 19/2012 s. 4(1), amended by No. 82/2012 s. 320(b).

public body has the meaning given by section 6 of the Independent Broad-based Anti-corruption Commission Act 2011 and includes the IBAC;

S. 3(1) def. of public interest complaint inserted by No. 2/2019 s. 58(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.2(c)).

public interest complaint means—

(a) a disclosure that Integrity Oversight Victoria has determined under section 31 of the Public Interest Disclosures Act 2012 to be a public interest complaint; or

(b) a disclosure that the IBAC has determined under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint and that is referred to Integrity Oversight Victoria by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of Public Interest Monitor inserted by No. 19/2012 s. 4(1).

Public Interest Monitor has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011;

S. 3(1) def. of public sector employee inserted by No. 19/2012 s. 4(1).

public sector employee has the same meaning as it has in section 4(1) of the Public Administration Act 2004;

S. 3(1) def. of relevant principal officer inserted by No. 19/2012 s. 4(1).

relevant principal officer has the same meaning as it has in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011 and, in the case of the IBAC, means the Commissioner of the IBAC;

S. 3(1) def. of relevant records inserted by No. 19/2012 s. 4(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.2(d)).

relevant records means records in the possession of a Public Interest Monitor which are relevant for the purpose of enabling Integrity Oversight Victoria to monitor compliance of the Public Interest Monitor with the prescribed obligations;

S. 3(1) def. of restricted matter inserted by No. 19/2012 s. 4(1), amended by Nos 82/2012 s. 26(2), 2/2019 s. 58(2)(b), 31/2024 s. 113(Sch. 1 item 1.2(e)).

restricted matter means—

(a) any evidence given to Integrity Oversight Victoria;

(b) the contents of any document, or a description of any thing, produced to Integrity Oversight Victoria;

(c) the contents of any document, or a description of any thing, which Integrity Oversight Victoria has obtained, made a copy of or seized under section 47 or 63;

(d) the existence of, or any information about, a confidentiality notice or a witness summons;

(e) the subject matter of an investigation in relation to which a witness summons has been issued;

(f) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce any document or thing to, Integrity Oversight Victoria, to be identified or located;

(g) the fact that a person has been, or is proposed to be, examined by, or who has produced, or may produce any document or thing to, Integrity Oversight Victoria;

(h) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012;

(i) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;

S. 3(1) def. of Special Investigator inserted by No. 50/2021 s. 103, repealed by No. 31/2023 s. 18.

S. 3(1) def. of spouse inserted by No. 19/2012 s. 4(1).

spouse of a person means a person to whom the person is married;

S. 3(1) def. of VAGO officer inserted by No. 82/2012 s. 198.

VAGO officer has the meaning given in section 3(1) of the Audit Act 1994;

S. 3(1) def. of VAGO premises inserted by No. 82/2012 s. 198.

VAGO premises has the meaning given in section 3(1) of the Audit Act 1994;

S. 3(1) def. of Victoria Police inserted by No. 37/2014 s. 10(Sch. item 179.1(a)).

Victoria Police has the same meaning as it has in the Victoria Police Act 2013;

S. 3(1) def. of Victoria Police employee inserted by No. 37/2014 s. 10(Sch. item 179.1(a)).

Victoria Police employee has the same meaning as it has in the Victoria Police Act 2013;

S. 3(1) def. of Victorian Auditor-General's Office inserted by No. 82/2012 s. 198.

Victorian Auditor-General's Office has the meaning given in section 3(1) of the Audit Act 1994;

S. 3(1) def. of Victorian Inspectorate repealed by No. 31/2024 s. 113(Sch. 1 item 1.3).

S. 3(1) def. of Victorian Inspectorate Officer repealed by No. 31/2024 s. 113(Sch. 1 item 1.3).

S. 3(1) def. of Wage Inspectorate Victoria inserted by No. 21/2020 s. 84(1), repealed by No. 35/2025 s. 91(c).

S. 3(1) def. of Wage Inspectorate Victoria officer inserted by No. 21/2020 s. 84(1), repealed by No. 35/2025 s. 91(d).

S. 3(1) def. of witness summons inserted by No. 19/2012 s. 4(1), amended by No. 31/2024 s. 97(2).

witness summons means a witness summons issued under section 53(1).

S. 3(2) inserted by No. 19/2012 s. 4(3).

(2) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered relationship has the same meaning as it has in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 4 inserted by No. 85/2012 s. 107, substituted by No. 2/2019 s. 59.

4 Public interest complaint taken to be complaint

For the purposes of this Act—

(a) a public interest complaint that would not otherwise constitute a complaint is taken to be a complaint under section 43; and

(b) the person who made the public interest complaint is taken to be the complainant in relation to the complaint.

S. 5 amended by Nos 19/2012 s. 5, 82/2012 ss 27 (as amended by No. 70/2013 s. 3(Sch. 1 item 24)), 199, 262.

5 Objects of Act

The objects of this Act are to—

(a) enhance the compliance of the IBAC and IBAC personnel with the Independent Broad-based Anti-corruption Commission Act 2011 and other laws; and

(b) assist in improving the capacity of the IBAC and IBAC personnel in the performance of their duties and functions and the exercise of their powers; and

(c) monitor compliance by a Public Interest Monitor with the prescribed obligations; and

(d) provide for the independent oversight of VAGO officers; and

(e) provide for the independent oversight of Ombudsman officers; and

S. 5(ea) inserted by No. 27/2024 s. 163.

(ea) provide for the independent oversight of the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers; and

S. 5(f) amended by No. 16/2016 s. 178(a).[2]

(f) provide for the independent oversight of the Chief Examiner and Examiners; and

S. 5(g) inserted by No. 20/2017 s. 108(b), amended by No. 2/2019 s. 203(a).

(g) provide for the independent oversight of officers of the Office of the Victorian Information Commissioner; and

S. 5(g) inserted by No. 16/2016 s. 178(b), renumbered as s. 5(h) by No. 2/2019 s. 203(b), amended by No. 21/2020 s. 85(1).

(h) monitor the use of coercive powers under the Judicial Commission of Victoria Act 2016; and

S. 5(i) inserted by No. 21/2020 s. 85(2), amended by Nos 50/2021 s. 104(a), 31/2023 s. 19(a), repealed by No. 35/2025 s. 92.

S. 5(j) inserted by No. 50/2021 s. 104(b), repealed by No. 31/2023 s. 19(b).

6 Act binds the Crown

(1) This Act binds the Crown—

(a) in right of the State of Victoria; and

(b) to the extent that the legislative power of the Parliament permits, in all its other capacities.

(2) To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations.

S. 7 inserted by No. 82/2012 s. 200, amended by No. 82/2012 s. 263.

7 Investigation of conduct occurring before the commencement of this section

This Act applies to and in respect of conduct all or part of which occurred at any time during the period of 12 months before the commencement of this section, if the conduct—

(a) is the conduct of any VAGO officer or any Ombudsman officer (whether or not still an officer) who would have been subject to this Act had this section been in force at the time the conduct occurred; and

S. 7(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.4).

(b) would have been conduct of a kind which Integrity Oversight Victoria could have investigated had this section been in force at the time the conduct occurred, whether—

S. 7(b)(i) amended by No. 31/2024 s. 113(Sch. 1 item 1.4).

(i) on a complaint to Integrity Oversight Victoria under section 43(3) or (5); or

(ii) on its own motion under section 46(2) or (3).

Pt 2 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.5).

Part 2—Integrity Oversight Victoria

Pt 2 Div. 1 (Heading) inserted by No. 19/2012 s. 6.

Division 1—Constitution and staff

S. 8 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.6).

8 Establishment of Integrity Oversight Victoria

S. 8(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.7).

(1) Integrity Oversight Victoria is established.

S. 8(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.7).

(2) Integrity Oversight Victoria does not represent the Crown.

S. 9 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.8).

9 Integrity Oversight Victoria is a body corporate

S. 9(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.9(a)).

(1) Integrity Oversight Victoria—

(a) is a body corporate with perpetual succession;

(b) has an official seal;

(c) may sue and be sued;

(d) may acquire, hold and dispose of real and personal property;

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

S. 9(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.9(b)).

(2) All courts must take judicial notice of the official seal of Integrity Oversight Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

S. 9(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.9(b)).

(3) The official seal of Integrity Oversight Victoria must—

S. 9(3)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.9(b)).

(a) be kept in such custody as Integrity Oversight Victoria determines; and

S. 9(3)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.9(b)).

(b) not be used except as authorised by Integrity Oversight Victoria.

Note to s. 9 amended by No. 31/2024 s. 113(Sch. 1 item 1.10).

Integrity Oversight Victoria is a special body under section 6(1) of the Public Administration Act 2004.

S. 10 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.11).

10 Constitution of Integrity Oversight Victoria

S. 10 amended by No. 31/2024 s. 113(Sch. 1 item 1.12).

Integrity Oversight Victoria consists of one Chief Integrity Inspector appointed by the Governor in Council in accordance with section 18.

S. 11 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.13).

S. 11 amended by Nos 19/2012 s. 7, 82/2012 ss 28, 201, 264, 85/2012 s. 108.

11 Functions of Integrity Oversight Victoria

S. 11(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.14).

(1) Integrity Oversight Victoria has the functions conferred on Integrity Oversight Victoria under this Act or any other Act.

S. 11(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)).

(2) Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions—

(a) to monitor the compliance of the IBAC and IBAC personnel with the Independent Broad-based Anti-corruption Commission Act 2011 and other laws;

S. 11(2)(b) amended by No. 2/2019 s. 60(1).

(b) to oversee the performance by the IBAC of its functions under the Public Interest Disclosures Act 2012;

(c) to assess the effectiveness and appropriateness of the policies and procedures of the IBAC which relate to the legality and propriety of IBAC's activities;

(d) to receive complaints in accordance with this Act about the conduct of the IBAC and IBAC personnel;

(e) to investigate and assess the conduct of the IBAC and IBAC personnel in the performance or exercise or purported performance or purported exercise of their duties, functions and powers;

(f) to monitor the interaction between the IBAC and other integrity bodies to ensure compliance with relevant laws;

S. 11(2)(g) substituted by No. 34/2016 s. 36.

(g) to inspect and audit relevant records kept by the Public Interest Monitor under—

(i) the Public Interest Monitor Act 2011; and

(ii) the Witness Protection Act 1991—

for the purpose of monitoring compliance with the prescribed obligations;

(h) to report to the Minister and the Parliament on the results of the performance of its function under paragraph (g);

(i) to receive complaints in accordance with this Act about the conduct of the Chief Examiner or any Examiner;

See also Part 5 of the Major Crime (Investigative Powers) Act 2004.

(j) to investigate and assess, in accordance with this Act, the conduct of the Chief Examiner or any Examiner;

(k) to report on, and make recommendations as a result of, the performance of its duties and functions.

S. 11(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)).

(3) Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions in respect of VAGO officers—

(i) the exercise of coercive powers by VAGO officers; and

S. 11(3)(a)(ii) amended by No. 12/2019 s. 11.

(ii) compliance by VAGO officers with sections 30, 31, 32, 33, 34, 35, 36, 37, 39, 43, 44, 45, 46, 50(1) and 51 of the Audit Act 1994;

(b) to receive complaints in accordance with this Act about the conduct of VAGO officers;

(c) to investigate and assess, in accordance with this Act, the conduct of VAGO officers;

S. 11(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)).

(4) Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions in respect of Ombudsman officers—

(i) the exercise of coercive powers by Ombudsman officers; and

(ii) compliance by Ombudsman officers with procedural fairness requirements in the performance of functions under the Ombudsman Act 1973 or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the Ombudsman Act 1973 or any other Act;

(b) to receive complaints in accordance with this Act about the conduct of Ombudsman officers;

(c) to investigate and assess in accordance with this Act the conduct of Ombudsman officers;

S. 11(4A) inserted by No. 27/2024 s. 164, amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)).

(4A) Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions in respect of the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers—

(i) the issuing, variation or withdrawal of investigation requests under the Parliamentary Workplace Standards and Integrity Act 2024; and

(ii) the issuing, variation or cancellation of confidentiality notices under that Act; and

(iii) compliance by the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers with procedural fairness requirements in the performance of functions under that Act or any other Act, including in the conduct of investigations and the making of reports and recommendations under that Act or any other Act;

(b) to receive complaints in accordance with this Act about the conduct of the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers;

(c) to investigate and assess in accordance with this Act the conduct of the Parliamentary Workplace Standards and Integrity Commission and Parliamentary Workplace Standards and Integrity Commission officers;

S. 11(5) inserted by No. 20/2017 s. 109, amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)).

(5) Without limiting the generality of subsection (1), Integrity Oversight Victoria has the following functions in respect of officers of the Office of the Victorian Information Commissioner—

(i) the exercise of coercive powers by officers of the Office of the Victorian Information Commissioner; and

S. 11(5)(a)(ii) substituted by No. 2/2019 s. 132.

(ii) whether procedural fairness requirements have been complied with by officers of the Office of the Victorian Information Commissioner in—

(A) the exercise, or purported exercise, of coercive powers under the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014; and

(B) the conduct of investigations under Part VIB of the Freedom of Information Act 1982; and

(C) the making of recommendations under section 61L of the Freedom of Information Act 1982; and

(D) the making of investigation reports under section 61Q of the Freedom of Information Act 1982; and

(E) the making of compliance notices under Part 3 of the Privacy and Data Protection Act 2014;

S. 11(5)(a)(iii) repealed by No. 2/2019 s. 132.

(b) to receive complaints in accordance with this Act about the conduct of officers of the Office of the Victorian Information Commissioner;

(c) to investigate and assess in accordance with this Act the conduct of officers of the Office of the Victorian Information Commissioner;

S. 11(5) inserted by No. 16/2016 s. 179, renumbered as s. 11(6) by No. 2/2019 s. 204, amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)).

(6) Without limiting the generality of subsection (1), Integrity Oversight Victoria has the function in respect of the Judicial Commission to monitor the use of coercive powers under the Judicial Commission of Victoria Act 2016.

S. 11(7) inserted by No. 21/2020 s. 86, amended by No. 31/2024 s. 113(Sch. 1 item 1.14(b)), repealed by No. 35/2025 s. 93.

S. 11(8) inserted by No. 50/2021 s. 105, repealed by No. 31/2023 s. 20.

Note to s. 11 amended by Nos 2/2019 s. 60(2), 31/2024 s. 113(Sch. 1 item 1.15).

See also Part 8 of the Public Interest Disclosures Act 2012 which sets out the functions of Integrity Oversight Victoria under that Act.

S. 12 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.16).

S. 12 amended by No. 31/2024 s. 113(Sch. 1 item 1.17).

12 Powers of Integrity Oversight Victoria

Integrity Oversight Victoria has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the objects of this Act and the performance of its duties and functions.

S. 12A inserted by No. 30/2016 s. 75.

12A Specific powers in relation to the IBAC

S. 12A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.18).

(1) Without derogating from the generality of section 12, Integrity Oversight Victoria has the duties and powers specified in this section for the purposes of performing the functions specified in section 11(2)(a), (b), (c) and (f).

S. 12A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.18).

(2) For the purposes of performing the functions specified in subsection (1), Integrity Oversight Victoria—

(a) is entitled to have full and free access to all relevant records of the IBAC; and

(b) despite any other law, is entitled to make copies of, and to take extracts from, relevant records of the IBAC; and

S. 12A(2)(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.18).

(c) may require the IBAC or any IBAC personnel to give Integrity Oversight Victoria any information in the possession or control of the IBAC that Integrity Oversight Victoria considers on reasonable grounds is relevant to the performance of those functions; and

S. 12A(2)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.18).

(d) may require in writing any IBAC personnel to attend at the office of Integrity Oversight Victoria for the purpose of giving to Integrity Oversight Victoria any information or document required by Integrity Oversight Victoria which Integrity Oversight Victoria considers on reasonable grounds is relevant to the performance of those functions.

S. 12A(2A) inserted by No. 11/2021 s. 172.

(2A) A requirement under subsection (2)(d) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.

S. 12A(2B) inserted by No. 11/2021 s. 172.

(2B) A requirement under subsection (2)(d) that provides for attendance as described in subsection (2A)—

(b) may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.

S. 12A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.18).

(3) The IBAC must provide, and ensure that IBAC personnel provide, to Integrity Oversight Victoria any assistance in connection with the performance of the functions specified in subsection (1) that Integrity Oversight Victoria reasonably requires.

S. 13 inserted by No. 19/2012 s. 8.

13 Specific powers in relation to the Public Interest Monitors

S. 13(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(a)).

(1) Without derogating from the generality of section 12, Integrity Oversight Victoria has the duties and powers specified in this section for the purposes of performing the functions specified in section 11(2)(g) and (h).

S. 13(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(b)).

(2) Integrity Oversight Victoria must inspect relevant records of each Public Interest Monitor at least once each financial year in order to ascertain the extent to which each of the Public Interest Monitors has complied with the prescribed obligations.

S. 13(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(b)).

(3) Integrity Oversight Victoria may, after notifying in writing a Public Interest Monitor, inspect relevant records of the Public Interest Monitor in order to ascertain the extent to which the Public Interest Monitor has complied with the prescribed obligations.

S. 13(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(a)).

(4) For the purposes of an inspection under this section, Integrity Oversight Victoria—

S. 13(4)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(a)).

(a) may, after notifying in writing a Public Interest Monitor, enter at any reasonable time of which Integrity Oversight Victoria has given notice, premises occupied by the Public Interest Monitor in his or her capacity as a Public Interest Monitor; and

(b) is entitled to have full and free access to all relevant records of the Public Interest Monitor; and

(c) despite any other law, is entitled to make copies of, and to take extracts from, relevant records of the Public Interest Monitor; and

S. 13(4)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(a)).

(d) may require the Public Interest Monitor to give Integrity Oversight Victoria any information in the possession or control of the Public Interest Monitor that Integrity Oversight Victoria considers on reasonable grounds is relevant to the inspection.

S. 13(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.19
(a)(c)).

(5) A Public Interest Monitor must provide to Integrity Oversight Victoria any assistance in connection with the exercise of Integrity Oversight Victoria's functions under section 11(2)(g) and (h) that Integrity Oversight Victoria reasonably requires.

S. 13(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.19).

(6) Integrity Oversight Victoria may require in writing a Public Interest Monitor to attend at the office of Integrity Oversight Victoria at a specified date and time for the purpose of giving any document or information required by Integrity Oversight Victoria which Integrity Oversight Victoria considers is relevant to the exercise of Integrity Oversight Victoria's functions under section 11(2)(g) or (h).

S. 13(6A) inserted by No. 11/2021 s. 173.

(6A) A requirement under subsection (6) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.

S. 13(6B) inserted by No. 11/2021 s. 173.

(6B) A requirement under subsection (6) that provides for attendance as described in subsection (6A)—

(b) may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.

S. 13(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(b)).

(7) Integrity Oversight Victoria must, as soon as practicable but not later than 3 months after conducting inspections for the purposes of subsection (2) or (3), report to the Minister on the results of the inspections.

S. 13(8) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(a)).

(8) Subject to subsection (10), if, as a result of an inspection under this section of the relevant records of a Public Interest Monitor, Integrity Oversight Victoria is of the opinion that the Public Interest Monitor has contravened a prescribed obligation, Integrity Oversight Victoria may include in its report to the Minister under subsection (7) or (9) on the inspection, a report on the contravention.

S. 13(9) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(b)).

(9) Integrity Oversight Victoria may provide a report to the Minister at any time on any matter relating to the performance of its function under section 11(2)(g).

(10) A report for the purposes of subsection (7) or (9) must not contain information that—

(a) discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or

S. 13(10A) inserted by No. 34/2016 s. 37.

(10A) A report for the purposes of subsection (7) or (9) that relates to the functions of the Public Interest Monitor under the Witness Protection Act 1991 must not include any information that would—

S. 13(10A)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(a)).

(a) prejudice a criminal investigation, criminal proceeding or other legal proceeding of which Integrity Oversight Victoria is aware; or

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

(i) who is or has been included in the Victorian witness protection program, within the meaning of the Witness Protection Act 1991; or

(ii) to whom alternative protection arrangements, within the meaning of the Witness Protection Act 1991, are being or have been provided.

S. 13(11) amended by No. 31/2024 s. 113(Sch. 1 item 1.19(b)).

(11) Integrity Oversight Victoria may—

(a) make a special report under section 87 on any matter relating to the performance of its function under section 11(2)(g);

(b) include in its annual report under section 91 information relating to the performance
of its function under section 11(2)(g) in accordance with section 91(1)(a) and (b).

(12) In this section—

investigation means an investigation referred to in section 19(4) of the Public Interest Monitor Act 2011;

law enforcement agency means a law enforcement agency within the meaning of section 19(5) of the Public Interest Monitor Act 2011;

relevant application has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011.

S. 14 inserted by No. 19/2012 s. 8.

14 Public Interest Monitor to give information and access despite other laws

(1) Despite any other law, a Public Interest Monitor is not excused from giving information, answering a question, or giving access to a document, as and when required by or under section 13, on the ground that giving the information, answering the question, or giving access to the document, as the case may be, would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty but—

(a) the information, the answer, or the fact that the person has so given access to the document, as the case may be; and

(b) any information or thing (including a document) obtained as a direct consequence of giving the first-mentioned information, answering the question or giving access to the first-mentioned document, as the case may be—

is not admissible in evidence against the person except in proceedings for an offence under this Act.

(2) Nothing in any other law prevents a Public Interest Monitor from—

S. 14(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.20).

(a) giving information to an Integrity Oversight Victoria Officer (whether orally or in writing and whether or not in answer to a question); or

S. 14(2)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.20).

(b) giving to an Integrity Oversight Victoria Officer access to a relevant record—

for the purposes of an inspection under section 13.

(3) Nothing in any other law prevents a Public Interest Monitor from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (2).

15 Delegation

S. 15(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.21).

(1) Integrity Oversight Victoria by instrument may delegate to the Chief Integrity Inspector any duty, function or power of Integrity Oversight Victoria under this Act or any other Act or the regulations under this Act other than this power of delegation.

(2) A delegation under this section to a former judge of the Supreme Court or the County Court or a former Chief Magistrate does not affect any pension or other rights or privileges that the person has as a former judge or Chief Magistrate.

S. 16 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.22).

S. 16 amended by No. 31/2024 s. 113(Sch. 1 item 1.23).

16 Integrity Oversight Victoria not subject to direction or control

Integrity Oversight Victoria is not subject to the direction or control of the Minister in respect of the performance of its duties and functions and the exercise of its powers.

S. 17 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.24).

17 Independence of the Chief Integrity Inspector

S. 17(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).

(1) The Chief Integrity Inspector is an independent officer of the Parliament.

S. 17(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).

(2) The functions, powers, immunities and obligations of the Chief Integrity Inspector are as specified in this Act and other laws of the State.

S. 17(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).

(3) There are no implied functions, powers, rights, immunities or obligations arising from the Chief Integrity Inspector being an independent officer of the Parliament.

S. 17(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).

(4) The powers of the Parliament to act in relation to the Chief Integrity Inspector are as specified in or applying under this Act, the Constitution Act 1975 and other laws of the State.

S. 17(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).

(5) There are no implied powers of the Parliament arising from the Chief Integrity Inspector being an independent officer of the Parliament.

S. 17(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).

(6) Subject to this Act and other laws of the State, the Chief Integrity Inspector has complete discretion in the performance or exercise of his or her duties, functions or powers.

S. 17(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.25).

(7) In particular and without limiting subsection (6), the Chief Integrity Inspector is not subject to the direction or control of the Minister in respect of the performance or exercise of his or her duties, functions or powers.

S. 18 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.26).

18 Appointment of the Chief Integrity Inspector

S. 18(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.27).

(1) Subject to section 19, the Governor in Council on the recommendation of the Minister may by instrument appoint an eligible person to be the Chief Integrity Inspector.

(2) A person is an eligible person if he or she—

(a) is or has been, or is qualified for appointment as, a judge of—

(i) the High Court; or

(ii) the Federal Court; or

(iii) the Supreme Court of Victoria or another State or a Territory;

(b) is not a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory;

(c) is not, and has not been, a Commissioner, Acting Commissioner, Deputy Commissioner, or Acting Deputy Commissioner, of the IBAC.

S. 18(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.27).

(3) A person holding a judicial office immediately before being appointed to be the Chief Integrity Inspector must cease to hold that judicial office upon being appointed to be the Chief Integrity Inspector.

S. 19 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.28).

19 Veto of proposed Chief Integrity Inspector

(1) Subject to subsection (4), the Minister must not make a recommendation under section 18 unless—

S. 19(1)(a) amended by No. 2/2019 s. 197(2).

(a) the Minister has submitted details of the proposed recommendation to the Integrity and Oversight Committee; and

(b) either—

S. 19(1)(b)(i) amended by No. 2/2019 s. 197(2).

(i) within the time specified in subsection(2) the Integrity and Oversight Committee has informed the Minister that it has decided not to veto the recommendation; or

S. 19(1)(b)(ii) amended by No. 2/2019 s. 197(2).

(ii) the time specified in subsection (2) has elapsed and the Integrity and Oversight Committee has not vetoed the recommendation.

S. 19(2) amended by No. 2/2019 s. 197(2).

(2) The Integrity and Oversight Committee must make a decision under this section within 30 days after the Minister has submitted details of the proposed recommendation to the Integrity and Oversight Committee.

S. 19(3) amended by No. 2/2019 s. 197(2).

(3) The Integrity and Oversight Committee—

(a) may decide to veto or not to veto the proposed recommendation;

(b) must notify the Minister in writing of its decision within the period specified in subsection (2).

(4) Subsections (1) to (3) do not apply to the appointment of the first Inspector under this Act and the Minister may make the recommendation for the appointment of the first Inspector after the Premier has consulted in relation to the proposed recommendation with the member of the Legislative Assembly who is for the time being the Leader of Her Majesty's Opposition.

S. 20 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.29).

20 Duties, functions and powers of the Chief Integrity Inspector

S. 20 amended by No. 31/2024 s. 113(Sch. 1 item 1.30(a)).

The Chief Integrity Inspector—

S. 20(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.30(b)).

(a) constitutes Integrity Oversight Victoria under section 10;

S. 20(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.30(b)).

(b) is responsible for undertaking the strategic leadership of Integrity Oversight Victoria for the purpose of achieving the objects of this Act;

S. 20(c) amended by No. 31/2024 s. 113(Sch. 1 item 1.30(b)).

(c) is the public service body Head of Integrity Oversight Victoria for the purposes of section 16 of the Public Administration Act 2004.

S. 20(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.30).

(d) has the duties, functions and powers delegated to the Chief Integrity Inspector by Integrity Oversight Victoria;

S. 20(e) amended by No. 31/2024 s. 113(Sch. 1 item 1.30(a)).

(e) has any other duties, functions and powers conferred on the Chief Integrity Inspector under this Act or any other Act.

21 Terms and conditions

S. 21(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).

(1) The Chief Integrity Inspector holds office for the period not exceeding 5 years as is specified in the instrument of appointment.

S. 21(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).

(2) The Chief Integrity Inspector is eligible to be
re-appointed.

S. 21(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).

(3) Subject to this section, the Chief Integrity Inspector is appointed on a full-time or part-time basis on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.

S. 21(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).

(4) The remuneration of the Chief Integrity Inspector cannot be reduced during his or her term of office unless he or she consents to the reduction.

S. 21(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).

(5) If a person who has been a judge of the Supreme Court or the County Court or has been the Chief Magistrate is appointed as the Chief Integrity Inspector, the appointment does not affect any pension or other rights or privileges the person has as a former judge or Chief Magistrate.

S. 21(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).

(6) If the Chief Integrity Inspector was immediately before his or her appointment a judge of the Supreme Court, his or her service as the Chief Integrity Inspector shall count as service in the office of judge of the Supreme Court for the purposes of entitlement to a pension under section 83 of the Constitution Act 1975.

S. 21(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).

(7) If the Chief Integrity Inspector was immediately before his or her appointment a judge of the County Court, his or her service as the Chief Integrity Inspector shall count as service in the office of judge of the County Court for the purposes of entitlement to a pension under section 14 of the County Court Act 1958.

S. 21(8) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).

(8) If the Chief Integrity Inspector was immediately before his or her appointment the Chief Magistrate, his or her service as the Chief Integrity Inspector shall count as service in the office of Chief Magistrate for the purposes of entitlement to a pension under section 10A of the Magistrates' Court Act 1989.

S. 21(9) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).

(9) If the Chief Integrity Inspector was immediately before his or her appointment an officer within the meaning of the State Superannuation Act 1988, he or she continues to be such an officer during his or her term of office as the Chief Integrity Inspector.

S. 21(10) amended by No. 31/2024 s. 113(Sch. 1 item 1.31).

(10) The Chief Integrity Inspector must not engage in any employment, business or community activity outside Integrity Oversight Victoria that may create an actual or perceived conflict of interest with his or her role as the Chief Integrity Inspector.

S. 21(11) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).

(11) Without limiting the generality of subsection (10), the Chief Integrity Inspector must not enter into a contract by which he or she is to provide services or provide services under any contract if the provision of services may create an actual or perceived conflict of interest with his or her role as the Chief Integrity Inspector.

S. 21(12) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).

(12) In addition to subsection (10), the Chief Integrity Inspector must not, without the approval of the Governor in Council—

(a) apply for, or hold, a licence or permit to conduct any trade, business or profession; or

Note to s. 21(12)(a) amended by No. 30/2016 s. 77.

This includes a legal practising certificate under the Legal Profession Uniform Law (Victoria).

(b) conduct any trade, business or profession; or

(c) accept any other employment.

S. 21(13) amended by No. 31/2024 s. 113(Sch. 1 item 1.31(a)).

(13) The Public Administration Act 2004 does not apply to the Chief Integrity Inspector in respect of the office of Chief Integrity Inspector as such except for the purposes of section 16 of that Act.

S. 21A (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.32).

S. 21A inserted by No. 28/2013 s. 4.

21A Pension entitlements of Chief Integrity Inspector, partner and eligible children

S. 21A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(1) Subject to this section, the Chief Integrity Inspector, and the partner and children of the Chief Integrity Inspector, are entitled to pensions in the circumstances set out in this section and otherwise in the same circumstances and at the same rates and on the same terms and conditions as—

(a) a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal) under Part III of the Constitution Act 1975; and

(b) the partner and children of such a Judge under Part III of the Constitution Act 1975.

S. 21A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(2) Upon retirement or resignation, the Chief Integrity Inspector is entitled to a pension under this section if the Chief Integrity Inspector has attained the age of 65 years and—

S. 21A(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(a) the Chief Integrity Inspector has served in the office of Chief Integrity Inspector for not less than 5 years; or

S. 21A(2)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(b) having been appointed, the Chief Integrity Inspector is unable to serve as Chief Integrity Inspector for not less than 5 years, because he or she has become afflicted with a permanent incapacity disabling him or her from the due execution of that office.

S. 21A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(3) Upon the death of the Chief Integrity Inspector or any person who was formerly the Chief Integrity Inspector and entitled to a pension under this section, the partner of the Chief Integrity Inspector or former Chief Integrity Inspector is entitled to a pension payable fortnightly at the rate of three-eighths of the salary referred to in subsection (8)(e) until—

(a) the partner's death; or

(b) the partner becomes the domestic partner or spouse of another person.

S. 21A(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(4) If there are eligible children of a deceased Chief Integrity Inspector and no pension is otherwise payable under this section to or in respect of that Chief Integrity Inspector, there is to be paid to any person or persons that the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (5).

S. 21A(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(5) The pension applicable to each eligible child is the amount of the pension that would be payable to the partner of the Chief Integrity Inspector if the partner was entitled to a pension under this section divided by 4 or the number of eligible children (whichever is the greater).

S. 21A(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.34).

(6) Eligible child in relation to a Chief Integrity Inspector means a child, adopted child or stepchild of the Chief Integrity Inspector or his or her partner—

(a) who is under the age of 16 years; or

(b) who—

(i) has attained the age of 16 years but is under the age of 25 years; and

(ii) is receiving full-time education at a school, college or university.

S. 21A(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.33).

(7) Despite subsection (3), no pension is payable to the partner of any former Chief Integrity Inspector if that partner became the domestic partner or spouse of the former Chief Integrity Inspector after that Chief Integrity Inspector's resignation or retirement, unless in the case of marriage, the spouse was the domestic partner of the Chief Integrity Inspector immediately prior to that Chief Integrity Inspector's resignation or retirement.

(8) For the purposes of this section—

(a) section 83 of the Constitution Act 1975 is to be construed as if a reference to—

S. 21A(8)(a)(i) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(i) service in the office of a Judge of the Court for not less than 10 years is a reference to service in the office of Chief Integrity Inspector for not less than 5 years; and

S. 21A(8)(a)(ii) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(ii) "Judge" or "Judge of the Court" were a reference to the Chief Integrity Inspector; and

S. 21A(8)(a)(iii) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(iii) "retirement" or "resignation" includes the expiry of a term of office as Chief Integrity Inspector; and

(b) sections 83(1)(a)(ii), (a)(iii) and (aa), (1A), (1B), (6)(aa), (a), (ab), (ac), (b) and (ba), (6A) and (7) of that Act do not apply; and

(c) sections 83AA to 83AI of that Act do not apply; and

S. 21A(8)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(d) section 5A of the Constitution Act 1975 (other than subsection (2A)) applies and is to be construed as if a reference to "Judge" or "Judge of the Court" in that section of that Act were a reference to the Chief Integrity Inspector; and

(e) the annual salary on which a pension under this section is calculated is the annual salary for the time being applicable to the office of a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal).

S. 21A(9) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(9) If, on the expiration of his or her term of office as Chief Integrity Inspector, a person who served as Chief Integrity Inspector for not less than 5 years is not under subsection (1) entitled to a pension only because he or she has not attained the age of 65 years—

S. 21A(9)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(a) on that person attaining the age of 65 years he or she, and his or her partner and children, become entitled to pensions under that subsection in the circumstances, at the rates and on the terms and conditions set out in this section as if he or she had only retired from the office of Chief Integrity Inspector on attaining that age; and

(b) any such pension is liable to be suspended or determined in the circumstances and to the extent set out in this section.

(10) A pension under this section is otherwise liable to be suspended or determined in the same circumstances and to the same extent as pensions under Part III of the Constitution Act 1975 are liable to be suspended or determined.

Example

Accepting a judicial appointment, holding any office or place of profit under the Crown in right of the Commonwealth or of a State or engaging in legal practice:
see section 83(4) of the Constitution Act 1975.

S. 21A(11) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(11) The Chief Integrity Inspector and his or her partner and children are not entitled to a pension under this section if—

S. 21A(11)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).

(a) the Chief Integrity Inspector has held office as a judge of the Supreme Court, an Associate Judge of the Supreme Court, a judge of the County Court, an associate judge of the County Court or the Chief Magistrate; and

(b) that person, his or her partner or children are entitled to a pension under—

(i) section 83 of the Constitution Act 1975; or

(ii) section 104A of the Supreme Court Act 1986; or

(iii) section 14 or 17B of the County Court Act 1958; or

(iv) section 10A of the Magistrates' Court Act 1989.

(12) This section is taken to have effect on and from 1 January 2013.

S. 21A(13) inserted by No. 31/2024 s. 113(Sch. 1 item 1.35).

(13) The amendments made to this section in relation to the change of title of the Inspector by the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 do not affect the operation of this section in relation to entitlements of a pension of any Inspector, or any partner or child of an Inspector, who vacated office before those amendments commenced.

S. 21B inserted by No. 28/2013 s. 4.

21B Salary sacrifice

S. 21B(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.36).

(1) The Chief Integrity Inspector, by notice in writing to the Attorney-General, may enter into an arrangement under which the Chief Integrity Inspector agrees to receive the whole or part of his or her total amount of future salary as non-salary benefits of an equivalent value.

(2) A notice under subsection (1) must specify a date from which the arrangement is to take effect which must be—

(a) the date on which the notice is given; or

(b) a later date.

S. 21B(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.36).

(3) The Chief Integrity Inspector may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General*.*

(4) A notice of variation or revocation under subsection (3) must specify a date from which the variation or revocation is to take effect which must be—

(a) the date on which the notice is given; or

(b) a later date.

(5) In this section non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004.

(6) This section is taken to have effect on and from 1 January 2013.

S. 21C inserted by No. 28/2013 s. 4.

21C Appropriation of Consolidated Fund

All pensions under section 21A and any payments in connection with those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly.

22 Vacancy and resignation

S. 22(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.37).

(1) The Chief Integrity Inspector ceases to hold office if he or she—

(a) resigns by writing delivered to the Governor; or

(b) becomes an insolvent under administration; or

(c) is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or

(e) is appointed to a judicial office; or

(f) is appointed as Commissioner, Acting Commissioner, Deputy Commissioner or Acting Deputy Commissioner, of the IBAC; or

S. 22(1)(g) amended by No. 13/2019 s. 221(Sch. 1 item 60).

(g) becomes a represented person within the meaning of the Guardianship and Administration Act 2019.

S. 22(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.37).

(2) The Chief Integrity Inspector ceases to hold office if he or she is removed from office under section 23.

23 Suspension and removal from office

S. 23(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.38).

(1) The Governor in Council may suspend the Chief Integrity Inspector from office on any of the following grounds—

(a) misconduct;

(b) neglect of duty;

(c) inability to perform the duties of the office;

S. 23(1)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.38).

(d) any other ground on which the Governor in Council is satisfied that the Chief Integrity Inspector is unfit to hold office.

(2) The Minister must cause a full statement of the grounds of suspension to be presented to each House of the Parliament on or before the 7th sitting day of that House of the Parliament after the suspension.

S. 23(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.38).

(3) The Governor in Council must remove the Chief Integrity Inspector from office if each House of the Parliament on or before the 7th sitting day of that House of the Parliament after the statement of the grounds of suspension is presented to it, declares by resolution that the Chief Integrity Inspector ought to be removed from office.

S. 23(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.38).

(4) The Governor in Council must remove the suspension and restore the Chief Integrity Inspector to office unless each House of the Parliament makes a declaration of the kind specified in subsection (3) within the time specified in that subsection.

S. 23(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.38).

(5) The Chief Integrity Inspector can only be removed from office in accordance with this section.

S. 24 amended by No. 31/2024 s. 113(Sch. 1 item 1.39).

24 Declaration of inability to act

The Chief Integrity Inspector may declare himself or herself unable to act in respect of a particular matter by reason of an actual or perceived conflict of interest.

25 Acting appointment

S. 25(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.40).

(1) The Governor in Council may on the recommendation of the Minister appoint a person to act in the office of Chief Integrity Inspector during—

S. 25(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.40).

(a) any vacancy in the office of the Chief Integrity Inspector; or

(b) any period when the person holding the office—

(i) is absent from duty; or

(ii) is for any other reason unable to perform the duties of the office.

(2) Subject to this section, a person appointed under subsection (1) can be appointed for a period not exceeding 6 months.

(3) An acting appointment or acting appointments in respect of each vacancy referred to in subsection (1)(a) or each period referred to in subsection (1)(b) must not exceed a total of 6 months in duration.

S. 25(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.40).

(4) A vacancy in the office of the Chief Integrity Inspector must be filled by a person appointed in accordance with section 18 within the period of 6 months after the vacancy occurred.

S. 25(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.40).

(5) The Governor in Council may at any time remove a person acting in the office of the Chief Integrity Inspector from the office.

S. 25(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.40).

(6) While a person is acting in the office of Chief Integrity Inspector the person—

(a) has and may exercise all the powers, and must perform all the functions and duties, of that office; and

S. 25(6)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.40).

(b) is entitled to be paid the remuneration and allowances which the Chief Integrity Inspector would have been entitled to.

26 Oath or affirmation of office

S. 26(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.41).

(1) Before a person appointed to be the Chief Integrity Inspector or to act in the office of the Chief Integrity Inspector assumes the office, he or she must have taken an oath or made an affirmation that he or she—

(a) will faithfully and impartially perform the duties and functions and exercise the powers of the office; and

(b) will not disclose, except as authorised or required by law, any information received in the performance of the duties and functions or the exercise of the powers of the office.

(2) The oath or affirmation is to be administered by the Speaker of the Legislative Assembly.

S. 27 amended by Nos 19/2012 s. 9, 82/2012 ss 29, 152(1)(2), 202, 265.

27 Delegation

S. 27(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.42(a)(i)).

(1) The Chief Integrity Inspector by instrument may delegate to a member of staff employed or engaged under section 28 or a person engaged as a consultant under section 29 any duty, function or power of the Chief Integrity Inspector under this Act (including any duty, function or power delegated to the Chief Integrity Inspector under section 15(1)) or any other Act other than, unless subsection (2) applies, the following—

(a) this power of delegation; or

(b) the power to decide to inspect the relevant records of a Public Interest Monitor under section 13(3); or

(c) the power to issue a confidentiality notice under section 38(1); or

(d) the power to issue a notice cancelling a confidentiality notice under section 38(3), (4) or (5); or

(e) the power to apply for an order to extend a confidentiality notice under section 38(7); or

(f) the power to decide to hold an inquiry under section 49; or

(g) the power to direct a witness not to seek legal advice or representation in relation to a witness summons from a specified Australian legal practitioner under section 58(2); or

(h) the power to direct a witness not to seek legal advice or representation in relation to a proposed report or draft or part of a proposed report or information contained in a report or a confidentiality notice from a specified Australian legal practitioner under section 58(8); or

S. 27(1)(i) amended by No. 31/2024 s. 113(Sch. 1 item 1.42

(i) the power to authorise an Integrity Oversight Victoria Officer to enter IBAC premises under section 63(1); or

S. 27(1)(j) amended by No. 31/2024 s. 113(Sch. 1 item 1.42

(j) the power to authorise an Integrity Oversight Victoria Officer to enter VAGO premises under section 63(3); or

S. 27(1)(k) amended by No. 31/2024 s. 113(Sch. 1 item 1.42

(k) the power to authorise an Integrity Oversight Victoria Officer to enter Ombudsman premises under section 63(5); or

S. 27(1)(ka) inserted by No. 27/2024 s. 165, amended by No. 31/2024 s. 113(Sch. 1 item 1.42

(ka) the power to authorise an Integrity Oversight Victoria Officer to enter Parliamentary Workplace Standards and Integrity Commission premises under section 63(6A); or

S. 27(1)(l) amended by No. 31/2024 s. 113(Sch. 1 item 1.42

(l) the power to authorise an Integrity Oversight Victoria Officer to enter premises of the Chief Examiner under section 63(7); or

S. 27(1)(la) inserted by No. 20/2017 s. 110, amended by No. 31/2024 s. 113(Sch. 1 item 1.42

(la) the power to authorise an Integrity Oversight Victoria Officer to enter premises of the Office of the Victorian Information Commissioner under section 63(9); or

S. 27(1)(lb) inserted by No. 21/2020 s. 87, amended by No. 31/2024 s. 113(Sch. 1 item 1.42

(lb) the power to authorise an Integrity Oversight Victoria Officer to enter premises of the Wage Inspectorate Victoria under section 63(11); or

S. 27(1)(lc) inserted by No. 50/2021 s. 106, repealed by No. 31/2023 s. 21.

(m) the power to issue a certificate of charge and an arrest warrant under section 73(1); or

(n) the power to direct that a person be detained in a prison or a police gaol for the purpose of ensuring his or her appearance before the Supreme Court under section 75(1); or

(o) the duty or power to make a report under section 87 or 91; or

(p) the power to authorise the bringing of proceedings for an offence under this Act or the regulations under section 100.

S. 27(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.42(b)).

(2) If the Chief Integrity Inspector makes a declaration under section 24 in respect of any matter, the Chief Integrity Inspector may delegate under subsection (1) to any Integrity Oversight Victoria Officer who would be qualified under section 18 to be appointed as the Chief Integrity Inspector any duty, function or power of the Chief Integrity Inspector under this Act (including any duty, function or power delegated to the Chief Integrity Inspector under section 15(1)) or any other Act which is necessary to enable that matter to be dealt with.

(3) A delegation under this section to a former judge of the Supreme Court or the County Court or a former Chief Magistrate does not affect any pension or other rights or privileges that the person has as a former judge or Chief Magistrate.

Note to s. 27 amended by No. 31/2024 s. 113(Sch. 1 item 1.43).

See also section 20C of Telecommunications (Interception) (State Provisions) Act 1988 which provides that Integrity Oversight Victoria may delegate certain functions under that Act to an inspecting officer.

28 Staff

(1) Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.

S. 28(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.44).

(2) Integrity Oversight Victoria may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body.

29 Consultants

S. 29(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.45(a)).

(1) Integrity Oversight Victoria may engage persons with suitable qualifications and experience as consultants.

S. 29(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.45(b)).

(2) Without limiting the generality of subsection (1), Integrity Oversight Victoria may appoint an Australian legal practitioner to assist Integrity Oversight Victoria as counsel, either generally or in reference to a particular matter.

S. 29(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.45(b)).

(3) An engagement under this section may be on any terms and conditions Integrity Oversight Victoria considers appropriate.

30 Oath or affirmation by staff and consultants

S. 30(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.46(a)).

(1) Before commencing employment with Integrity Oversight Victoria, a person referred to in section 28 must take an oath or make an affirmation that he or she—

(a) will faithfully and impartially perform their duties and functions and exercise their powers; and

(b) will not disclose, except as authorised or required by law, any information received in the performance of their duties and functions or the exercise of their powers.

S. 30(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.46(b)).

(2) Integrity Oversight Victoria may require a person engaged under section 28(2) or 29 or an officer, sub-contractor, agent or employee of a person engaged under section 29 to take an oath or make an affirmation that he or she—

(a) will faithfully and impartially perform their duties and functions and exercise their powers in the course of the engagement; and

(b) will not disclose, except as authorised or required by law, any information received in the performance of their duties and functions or the exercise of their powers in the course of the engagement.

S. 30(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.46(c)).

(3) The oath or affirmation is to be administered by the Chief Integrity Inspector.

S. 31 substituted by No. 82/2012 s. 30.

31 Obligation on persons employed or engaged under section 28 or engaged under section 29

A person employed or engaged under section 28 or engaged under section 29 must not publicly comment on—

(a) the administration of this Act; or

S. 31(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.47).

(b) the performance of duties and functions or the exercise of powers by Integrity Oversight Victoria.

S. 32 amended by No. 31/2024 s. 113(Sch. 1 item 1.48).

32 Obligation to avoid actual or perceived conflicts of interest

An Integrity Oversight Victoria Officer must ensure that any actual or perceived conflicts of interest are avoided in the performance of their duties and functions and in the exercise of their powers as an Integrity Oversight Victoria Officer.

Pt 2 Div. 2 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.49).

Pt 2 Div. 2 (Heading and ss 33–37) inserted by No. 19/2012 s. 10.

Division 2—Disclosure by Integrity Oversight Victoria and Integrity Oversight Victoria Officers

S. 33 inserted by No. 19/2012 s. 10, amended by Nos 82/2012 s. 31, 85/2012 s. 109.

33 Unauthorised disclosures or provision of information

S. 33(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.50).

(1) Subject to subsection (2), a person who is, or was, an Integrity Oversight Victoria Officer must not directly or indirectly provide or disclose any information acquired by the person or Integrity Oversight Victoria by reason of, or in the course of, the performance of the duties and functions or the exercise of powers of the person or Integrity Oversight Victoria under this Act or any other Act except—

S. 33(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.50(b)).

(a) for the performance of the duties and functions or the exercise of the powers of the person or Integrity Oversight Victoria in accordance with this Act or any other Act; or

S. 33(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.50(b)).

(b) for the purposes of—

(i) proceedings for an offence; or

(ii) a disciplinary process or action—

brought as a result of an investigation conducted by Integrity Oversight Victoria; or

S. 33(1)(c) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 1).

(c) for the purposes of proceedings for an offence against this Act or the Public Interest Disclosures Act 2012; or

S. 33(1)(d) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 1).

(d) as is otherwise authorised or required to be made by or under this Act or the Public Interest Disclosures Act 2012.

Note to s. 33(1) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 2).

The person may be subject to further confidentiality obligations under Part 7 of the Public Interest Disclosures Act 2012.

(2) This section does not apply to the provision or disclosure of information to which section 34 applies.

S. 34 inserted by No. 19/2012 s. 10, amended by No. 31/2024 s. 113(Sch. 1 item 1.51
(a)–(d)).

34 Special provision applying in respect of function under section 11(2)(g)

Integrity Oversight Victoria or a person who is, or was, an Integrity Oversight Victoria Officer must not directly or indirectly provide or disclose information acquired by Integrity Oversight Victoria or the Integrity Oversight Victoria Officer by reason of, or in the course of, the performance of the function specified in section 11(2)(g), except—

(a) in the performance of that function or for the purpose of performing the duties or exercising the powers conferred by section 13; or

S. 34(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.51(e)).

(b) if the Integrity Oversight Victoria considers on reasonable grounds that a criminal offence may have been committed, to the Chief Commissioner of Police for the purpose of enabling the Chief Commissioner of Police to determine whether or not to take any investigatory or enforcement action.

S. 35 inserted by No. 82/2012 s. 32, amended by No. 31/2024 ss 110, 113(Sch. 1 item 1.52).

35 Special provisions applying in respect of functions under section 11(2)(i) and (j) and Major Crime (Investigative Powers) Act 2004

Integrity Oversight Victoria or a person who is, or was, an Integrity Oversight Victoria Officer must not, directly or indirectly, make a record of any information or divulge or communicate to any person any information acquired by Integrity Oversight Victoria or the Integrity Oversight Victoria Officer by reason of, or in the course of, the performance of the functions specified in section 11(2)(i) or (j) or a function under the Major Crime (Investigative Powers) Act 2004 except—

(a) in the performance of those functions; or

(b) for the purpose of performing the duties or exercising the powers conferred by this Act or the Major Crime (Investigative Powers) Act 2004.

Penalty: Level 6 imprisonment (5 years maximum).

S. 36 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.53).

S. 36 inserted by No. 19/2012 s. 10, amended by Nos 82/2012 s. 33, 85/2012 s. 110.

36 Integrity Oversight Victoria may provide or disclose information for specified purposes

S. 36(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.54(a)).

(1) Subject to section 34 and subsection (2), Integrity Oversight Victoria may provide or disclose information acquired by Integrity Oversight Victoria by reason of, or in the course of, the performance of the duties and functions or the exercise of its powers to a person to whom or body to which Integrity Oversight Victoria may make a recommendation under Part 7 for the purpose of enabling that person or body to perform their duties and functions or exercise their powers.

S. 36(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.54(b)).

(2) Integrity Oversight Victoria must not provide or disclose information under subsection (1) to a person or body that is likely to lead to the identification of a person who has made an assessable disclosure, if the person or body to whom the information is provided or disclosed is—

(a) the subject of the assessable disclosure; or

(b) the employer of the person who is the subject of the assessable disclosure.

S. 36(3) amended by Nos 2/2019 s. 72(Sch. 1 Pt B item 3), 31/2024 s. 113(Sch. 1 item 1.54(a)).

(3) However, Integrity Oversight Victoria may provide or disclose under subsection (1) information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

S. 36A (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.55).

S. 36A inserted by No. 2/2019 s. 61.

36A Disclosure of information by Integrity Oversight Victoria

S. 36A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.56).

(1) At any time, Integrity Oversight Victoria may provide or disclose any information received or obtained in the course of the performance of its duties and functions or the exercise of its powers under this Act to a person or body specified in subsection (3) if Integrity Oversight Victoria considers that—

(a) the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and

(b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information.

S. 36A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.56).

(2) Despite subsection (1), Integrity Oversight Victoria must not provide or disclose any information to a person or body if—

(a) the person or body, or an employee of the person or body, is the subject of an assessable disclosure; and

(b) the information—

(i) would be likely to lead to the identification of a person who made the assessable disclosure; and

(ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

(3) For the purposes of subsection (1), the following persons and bodies are specified—

(a) the IBAC;

(b) the Ombudsman;

(c) the Auditor-General;

S. 36A(3)(ca) inserted by No. 27/2024 s. 166.

(ca) the Parliamentary Workplace Standards and Integrity Commission;

(d) Victoria Police;

(e) the Director of Public Prosecutions;

S. 36A(3)(ea) inserted by No. 50/2021 s. 107, repealed by No. 31/2023 s. 22.

(f) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012;

S. 36A(3)(fa) inserted by No. 31/2024 s. 98(1).

(fa) a Royal Commission, Board of Inquiry or Formal Review;

S. 36A(3)(fb) inserted by No. 31/2024 s. 98(1).

(fb) a body established under a law of the Commonwealth or of another State or of a Territory that is the equivalent of a Royal Commission, Board of Inquiry or Formal Review;

(g) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth;

(h) the police force or police service (however described) of another State or a Territory;

(i) a prescribed person or body.

(4) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).

S. 36A(5) inserted by No. 31/2024 s. 98(2).

(5) In this section—

Board of Inquiry has the same meaning as it has in the Inquiries Act 2014;

Formal Review has the same meaning as it has in the Inquiries Act 2014;

Royal Commission means—

(a) a Royal Commission established under the Inquiries Act 2014; or

(b) a Royal Commission established under the prerogative of the Crown.

S. 36B inserted by No. 27/2024 s. 167, amended by No. 27/2024 s. 188(Sch. 3 item 1.1).

36B Disclosure of findings in relation to Parliamentary Workplace Standards and Integrity Commissioners

Integrity Oversight Victoria may provide or disclose any findings made in the course of the performance of its duties and functions or the exercise of its powers under this Act to the Governor in Council or to the Minister administering section 57 of the Parliamentary Workplace Standards and Integrity Act 2024, if Integrity Oversight Victoria considers that the findings are relevant to the consideration of the suspension or removal from office of a Parliamentary Workplace Standards and Integrity Commissioner.

S. 37 inserted by No. 19/2012 s. 10, amended by Nos 82/2012 s. 34, 85/2012 s. 111.

37 Restrictions on compelling production or disclosure

S. 37(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.57(a)).

(1) A person who is, or was, an Integrity Oversight Victoria Officer cannot be required or be compelled in a court to—

S. 37(1)(a) amended by Nos 2/2019 s. 72(Sch. 1 Pt B item 4), 31/2024 s. 113(Sch. 1 item 1.57(b)).

(a) produce any document or other thing that has come into his or her possession or control in the performance of the duties and functions or the exercise of powers of the person or Integrity Oversight Victoria under this Act or the Public Interest Disclosures Act 2012; or

S. 37(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.57(b)).

(b) produce any document or other thing that has come into his or her possession or control in, or disclose any matter or thing of which the person has knowledge as a result of, the performance of the duties and functions or the exercise of the powers of the person or Integrity Oversight Victoria under the Major Crime (Investigative Powers) Act 2004; or

S. 37(1)(c) amended by Nos 2/2019 s. 72(Sch. 1 Pt B item 4), 31/2024 s. 113(Sch. 1 item 1.57(b)).

(c) disclose any matter or thing of which the person has knowledge as a result of the performance of the duties and functions or the exercise of powers of the person or Integrity Oversight Victoria under this Act or the Public Interest Disclosures Act 2012—

except—

S. 37(1)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.57(b)).

(d) for the purposes of proceedings for an offence or a disciplinary process or action brought as a result of an investigation conducted by Integrity Oversight Victoria; or

S. 37(1)(e) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 4).

(e) for the purposes of proceedings for an offence against this Act or the Public Interest Disclosures Act 2012; or

S. 37(1)(f) amended by No. 31/2024 s. 113(Sch. 1 item 1.57(c)).

(f) in circumstances where Integrity Oversight Victoria, or the Integrity Oversight Victoria Officer in his or her official capacity, is a party to the relevant proceeding.

(2) In this section—

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;

produce includes permit access to.

Pt 2 Div. 3 (Heading and ss 38, 39) inserted by No. 19/2012 s. 10.

Division 3—Confidentiality notices

S. 38 inserted by No. 19/2012 s. 10, amended by Nos 82/2012 s. 35(1), 85/2012 s. 112.

38 Confidentiality notice

S. 38(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.58).

(1) If during an investigation Integrity Oversight Victoria considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice—

(a) that investigation; or

(b) the safety or reputation of a person; or

(c) the fair trial of a person who has been, or may be, charged with an offence—

Integrity Oversight Victoria may issue a confidentiality notice in respect of that investigation to a person (other than an Integrity Oversight Victoria Officer) specifying the restricted matter or restricted matters in accordance with this section.

(2) A confidentiality notice must—

(a) be in the prescribed form;

(b) specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued;

(c) include a copy of the provisions of subsections (3) to (8) and section 39 and an explanation of the effect of those provisions;

(d) include a statement—

S. 38(2)(d)(i) amended by No. 2/2019 s. 62(a).

(i) advising the person to whom the confidentiality notice is issued that additional obligations under the Public Interest Disclosures Act 2012 relating to confidentiality may apply to the person; and

S. 38(2)(d)(ii) amended by No. 2/2019 s. 62(b).

(ii) directing the person to the provisions of that Act which impose those obligations.

S. 38(2)(e) repealed by No. 2/2019 s. 62(c).

S. 38(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).

(3) If at any time Integrity Oversight Victoria considers on reasonable grounds that it is necessary to restrict disclosure of a different restricted matter from any of those specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1) are not likely to be prejudiced, Integrity Oversight Victoria must issue to the person to whom the confidentiality notice was issued—

(a) a notice cancelling the previous confidentiality notice; and

(b) a new confidentiality notice in respect of that investigation under subsection (1).

S. 38(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).

(4) If at any time Integrity Oversight Victoria considers on reasonable grounds that it is no longer necessary to restrict disclosure of a particular restricted matter specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1) are not likely to be prejudiced, Integrity Oversight Victoria must issue to the person to whom the confidentiality notice was issued—

(a) a notice cancelling the previous confidentiality notice; and

(b) a new confidentiality notice in respect of that investigation under subsection (1).

S. 38(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).

(5) If at any time Integrity Oversight Victoria considers on reasonable grounds that it is no longer necessary to restrict disclosure of the restricted matter or restricted matters specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1) are not likely to be prejudiced, Integrity Oversight Victoria must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice.

(6) A confidentiality notice in respect of a particular investigation ceases to have effect on whichever of the following occurs first—

S. 38(6)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).

(a) the date on which Integrity Oversight Victoria issues a notice cancelling the confidentiality notice under subsection (3), (4) or (5);

(b) the date which is the expiry of the period of 5 years from the date on which the first confidentiality notice in respect of that investigation was issued to that person or, if an extension is granted under subsection (8), the date on which the period of extension expires.

S. 38(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).

(7) If Integrity Oversight Victoria considers on reasonable grounds that it is necessary to extend the period of 5 years specified in subsection (6)(b) on any of the grounds specified in subsection (8), Integrity Oversight Victoria may apply to the Supreme Court for an extension of the period.

S. 38(8) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).

(8) The Supreme Court, on the application of Integrity Oversight Victoria, may by order extend the period of 5 years specified in subsection (6)(b), if the Supreme Court is satisfied that an extension is necessary to avoid prejudice to—

S. 38(8)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.58(a)).

(a) the investigation being conducted by Integrity Oversight Victoria; or

(b) the safety or reputation of a person; or

(c) the fair trial of a person who has been, or may be, charged with an offence; or

(d) any proceedings that are proposed to be commenced or which have not been finally determined.

S. 38(9) amended by No. 11/2021 s. 174.

(9) A confidentiality notice under subsection (1) or a notice cancelling a confidentiality notice under subsection (3), (4) or (5) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served under section 56(3), 56(3A), 56(4), 56(4A), 56(5) or 57.

S. 39 inserted by No. 19/2012 s. 10, amended by Nos 82/2012 s. 35(2)(3), 85/2012 s. 113.

39 Disclosure subject to confidentiality notice

S. 39(1) amended by No. 2/2019 s. 63(1).

(1) Subject to subsections (2), (2A) and (3), a person who—

S. 39(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.59).

(a) is duly served with a confidentiality notice by Integrity Oversight Victoria under section 38(9), and if applicable, any order extending the confidentiality notice; or

(b) receives a copy of a confidentiality notice under subsection (3) or (4) and, if applicable, a copy of any order extending the confidentiality notice—

must not disclose a restricted matter specified in the confidentiality notice while it has effect.

Note to s. 39(1) amended by No. 2/2019 s. 63(2).

A person who is served with or receives a confidentiality notice may be subject to further confidentiality obligations under Part 7 of the Public Interest Disclosures Act 2012.

(2) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances—

S. 39(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.59).

(a) in accordance with a direction or authorisation given by Integrity Oversight Victoria;

(b) to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38, including if the person—

(i) does not have a sufficient knowledge of the English language to understand the nature of the witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38, to an interpreter;

(ii) is a person under the age of 18 years, to a parent, guardian or independent person;

(iii) is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38 without assistance, to an independent person;

(c) subject to section 58(2) and (8), for the purposes of obtaining legal advice or representation in relation to—

(i) the witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38;

S. 39(2)(c)(ii) substituted by No. 2/2019 s. 63(3)(a).

(ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act;

(d) by an Australian legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with his or her client;

S. 39(2)(e) substituted by No. 2/2019 s. 63(3)(b), amended by No. 31/2024 s. 113(Sch. 1 item 1.59).

(e) to any of the following persons, unless Integrity Oversight Victoria directs that the restricted matter must not be disclosed to that person—

(i) the spouse or domestic partner of the person served with the confidentiality notice;

(ii) the employer or manager of the person served with the confidentiality notice, or both;

S. 39(2)(f) inserted by No. 2/2019 s. 63(3)(b), amended by No. 31/2024 s. 113(Sch. 1 item 1.59).

(f) in any of the following circumstances, unless Integrity Oversight Victoria directs that the restricted matter must not be disclosed in that circumstance—

(i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued—

(A) a registered health practitioner;

S. 39(2)(f)(i)(B)amended by No. 31/2024 s. 99(1).

(B) a trade union, within the meaning of section 93AB(11) of the Competition and Consumer Act 2010 of the Commonwealth, of which the person is a member;

(C) an employee assistance program;

(ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim;

S. 39(2)(f)(iii) substituted by No. 31/2024 s. 99(2).

(iii) to a prescribed service, or to a service belonging to a prescribed class, for a prescribed purpose in relation to the service or class;

(iv) for the purpose of an application to the Fair Work Commission, including any related proceeding;

S. 39(2)(g) inserted by No. 2/2019 s. 63(3)(b).

(g) as is otherwise authorised or required to be made by or under this Act.

S. 39(2A) inserted by No. 2/2019 s. 63(4).

(2A) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed to Victoria Police if—

S. 39(2A)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.59).

(a) Integrity Oversight Victoria has disclosed information to the Chief Commissioner of Police under section 36A relating to actual or potential criminal conduct; and

(b) the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct.

S. 39(3) amended by Nos 2/2019 s. 63(5), 31/2024 s. 113(Sch. 1 item 1.59).

(3) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure made is of information that has been published by Integrity Oversight Victoria, another investigating entity or the Integrity and Oversight Committee in a report or has otherwise been made public in accordance with this or any other Act.

(4) A person who makes a disclosure of information permitted by subsection (2) must when making the disclosure provide the person to whom the disclosure is made with a copy of the confidentiality notice and of any order extending the confidentiality notice under section 38, unless the person has a reasonable excuse for not doing so.

(5) If in respect of a particular investigation a person who makes a disclosure of information permitted by subsection (2) receives a new confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice under section 38, the person must as soon as reasonably practicable provide a copy of the new confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice to each person to whom the disclosure has been made, unless the person has a reasonable excuse for not doing so.

S. 39(6) inserted by No. 2/2019 s. 63(6).

(6) In this section—

Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth;

investigating entity has the same meaning as in section 3 of the Public Interest Disclosures Act 2012;

registered health practitioner means a person registered under the Health Practitioner National Law to practise a health profession (other than as a student);

relevant Act means—

(a) the Public Interest Disclosures Act 2012; or

(b) the Ombudsman Act 1973; or

(c) the Independent Broad-based Anti-corruption Commission Act 2011; or

(d) the Fair Work Act 2009 of the Commonwealth;

Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013.

Note to s. 39 inserted by No. 59/2014 s. 31(1).

Section 97A applies to an offence against subsection (1), (4) or (5).

Pt 3 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.60).

Pt 3 (Heading and s. 40) inserted by No. 28/2012 s. 32.

Part 3—Matters to be reported to Integrity Oversight Victoria by the IBAC

S. 40 inserted by No. 28/2012 s. 32, amended by No. 82/2012 s. 36.

40 Coercive questioning

S. 40(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.61).

(1) Integrity Oversight Victoria may require the IBAC to provide a written report specifying, in relation to an examination of a person by the IBAC—

(a) the name of the person who attended;

(b) the name of any other person who was present during the attendance in an official capacity under any Act;

(c) the reasons for the attendance of the person being examined;

(d) the place and time of each attendance by the person for examination;

(e) the relevance of the attendance to the purpose of the investigation in relation to which the attendance occurred;

(2) The IBAC must comply with a requirement under subsection (1) as soon as possible after it is made.

S. 40A inserted by No. 2/2019 s. 133.

40A Review of notices etc. provided by the IBAC

S. 40A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.62).

(1) Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the IBAC under the specified sections of the Independent Broad-based Anti-corruption Commission Act 2011—

(a) a copy of a confidentiality notice or associated notice, application or order provided under section 43 of that Act;

(b) a written report on the issue of a witness summons given under section 59G of that Act;

(c) a complaint or notification to the IBAC notified under section 71 of that Act;

(d) a withdrawal of a referral notified under section 79(4) of that Act;

(e) an appointment of an examiner notified under section 115(7) of that Act;

(f) a written report on a decision by the IBAC to hold a public examination provided under section 117(5) of that Act;

(g) a written report on the issue of a witness summons given under section 122 of that Act;

(h) a direction by the IBAC in relation to a specified Australian legal practitioner informed in writing under section 128 of that Act;

(i) a copy of a video recording and any transcript of an examination provided under section 134 of that Act;

(j) a written report on the issue of an arrest warrant given under section 142 of that Act;

(k) a written report on the issue of an arrest warrant given under section 154 of that Act.

(a) whether the requirements under the Independent Broad-based Anti‑corruption Commission Act 2011 relating to that matter have been complied with; and

(b) where the IBAC has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered as assisting the IBAC to achieve the purposes of the investigation; and

(c) where the matter relates to the questioning of a person attending an examination—whether the questioning may reasonably be considered as assisting the IBAC to achieve the purposes of the investigation to which the examination relates.

S. 40A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.62(b)).

(3) If Integrity Oversight Victoria considers that a video recording provided by the IBAC is no longer necessary for the purpose of reviewing the video recording in accordance with this section, Integrity Oversight Victoria may—

(a) return the video recording to the IBAC; or

(b) destroy the video recording.

Pt 4 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.63).

Pt 4 (Heading and s. 41) inserted by No. 82/2012 s. 203.

Part 4—Matters to be reported to Integrity Oversight Victoria by the Auditor‑General

S. 41 inserted by No. 82/2012 s. 203.

41 Coercive questioning

S. 41(1) amended by Nos 12/2019 s. 12(1), 31/2024 s. 113(Sch. 1 item 1.64).

(1) Integrity Oversight Victoria may require the Auditor-General to provide a written report specifying, in relation to an attendance by a person required to attend by an information gathering notice within the meaning of the Audit Act 1994—

S. 41(1)(a) amended by No. 12/2019 s. 12(2).

(a) the name of the person who attended;

S. 41(1)(b) amended by No. 12/2019 s. 12(3).

(b) the reasons for the person's attendance;

S. 41(1)(c) amended by No. 12/2019 s. 12(4).

(c) the place and time of the person's attendance;

S. 41(1)(d) amended by No. 12/2019 s. 12(5).

(d) the relevance of the attendance to the purpose of the audit or assurance review in relation to which the information gathering notice was served;

S. 41(1)(e) amended by No. 12/2019 s. 12(6).

(e) the name of any other person who was present during the attendance in an official capacity under any Act;

(2) The Auditor-General must comply with a requirement under subsection (1) as soon as possible after it is made.

S. 41A inserted by No. 2/2019 s. 134.

41A Review of notices etc. provided by the Auditor-General

S. 41A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.65).

(1) Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the Auditor-General under the specified sections of the Audit Act 1994—

(a) a copy of an audio or video recording and any transcript of a compulsory attendance provided under section 37(6) of that Act;

(b) a written report on the issue of an information gathering notice given under section 39 of that Act;

(c) a written report on the issue of an entry notice given under section 51 of that Act.

(a) whether the requirements under the Audit Act 1994 relating to that matter have been complied with; and

(b) where the Auditor-General has required a person to produce documents for the purposes of an audit—whether the requirement may reasonably be considered as assisting the Auditor-General to achieve the purposes of the audit to which the requirement relates; and

(c) where the matter relates to the questioning of a person appearing personally before the Auditor-General—whether the questioning may reasonably be considered as assisting the Auditor-General to achieve the purposes of the audit to which the appearance relates.

S. 41A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.65(b)).

(3) If Integrity Oversight Victoria considers that an audio or video recording provided by the Auditor-General is no longer necessary for the purpose of reviewing the audio or video recording in accordance with this section, Integrity Oversight Victoria may—

(a) return the audio or video recording to the Auditor-General; or

Pt 5 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.66).

Pt 5 (Heading and s. 42) inserted by No. 82/2012 s. 266.

Part 5—Matters to be reported to Integrity Oversight Victoria by the Ombudsman

S. 42 inserted by No. 82/2012 s. 266.

42 Coercive questioning

S. 42(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.67).

(1) Integrity Oversight Victoria may require the Ombudsman to provide a written report specifying, in relation to an appearance by a person before the Ombudsman in an investigation under the Ombudsman Act 1973 or any other Act (whether in response to a witness summons or otherwise)—

(a) the name of the person who appeared;

(b) the reasons for the person's appearance;

(c) the place and time of the person's appearance;

(d) the relevance of the appearance to the purpose of the investigation;

(e) the name of any other person who was present during the appearance in an official capacity under any Act;

(2) The Ombudsman must comply with a requirement under subsection (1) as soon as possible after it is made.

S. 42AA inserted by No. 2/2019 s. 135.

42AA Review of notices etc. provided by the Ombudsman

S. 42AA(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.68).

(1) Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the Ombudsman under the specified sections of the Ombudsman Act 1973—

(a) a complaint or referred matter that appears to involve misconduct, or a matter related to that misconduct, notified under section 16F of that Act;

(b) a written report on the issue of a witness summons given under section 18D of that Act;

(c) a direction by the Ombudsman in relation to a specified Australian legal practitioner informed in writing under section 18M(6) of that Act;

(d) a copy of an audio or video recording and any transcript of an appearance provided under section 18Q(7) of that Act;

(e) a copy of a confidentiality notice or associated notice, application or order provided under section 26E of that Act.

(a) whether the requirements under the Ombudsman Act 1973 relating to that matter have been complied with; and

(b) where the Ombudsman has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered as assisting the Ombudsman to achieve the purposes of the investigation; and

(c) where the matter relates to the questioning of a person attending before the Ombudsman—whether the questioning may reasonably be considered as assisting the Ombudsman to achieve the purposes of the investigation to which the attendance relates.

S. 42AA(3) amended by No. 31/2024 s. 113(Sch. 1 item 1. 68(b)).

(3) If Integrity Oversight Victoria considers that an audio or video recording provided by the Ombudsman is no longer necessary for the purpose of reviewing the audio or video recording in accordance with this section, Integrity Oversight Victoria may—

(a) return the audio or video recording to the Ombudsman; or

Pt 5A (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.69).

Pt 5A (Heading and s. 42A) inserted by No. 20/2017 s. 111.

Part 5A—Matters to be reported to Integrity Oversight Victoria by the Information Commissioner

S. 42A inserted by No. 20/2017 s. 111.

42A Coercive questioning

S. 42A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.70).

(1) Integrity Oversight Victoria may require the Information Commissioner to provide a written report specifying, in relation to an appearance by a person before an officer of the Office of the Victorian Information Commissioner in an investigation, complaint or review under the Freedom of Information Act 1982, or a complaint or a decision to issue a compliance notice under the Privacy and Data Protection Act 2014 (whether in response to a notice or otherwise)—

(a) the name of the person who appeared; and

(b) the reasons for the person's appearance; and

(c) the place and time of the person's appearance; and

(d) the relevance of the appearance to the purpose of the investigation; and

(e) the name of any other person who was present during the appearance in an official capacity under any Act; and

(2) The Information Commissioner must comply with a requirement under subsection (1) as soon as possible after it is made.

Pt 5B (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.71).

Pt 5B (Heading and ss 42B, 42C) inserted by No. 2/2019 s. 136.

Part 5B—Matters to be reported to Integrity Oversight Victoria by other persons and bodies

S. 42B inserted by No. 2/2019 s. 136.

42B Review of notices etc. provided by the Chief Examiner

S. 42B(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.72).

(1) Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the Chief Examiner under the specified sections of the Major Crime (Investigative Powers) Act 2004—

(a) a written report on the issue of a witness summons or the making of an order under section 18 of that Act given under section 52 of that Act;

(b) a written report on an examination by the Chief Examiner given under section 53(1) of that Act;

(c) a copy of a video-recording and any transcript of an examination included in a report of an examination under section 53(2) of that Act.

(a) whether the requirements under the Major Crime (Investigative Powers) Act 2004 relating to that matter have been complied with; and

(b) where the Chief Examiner has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered as assisting the Chief Examiner to achieve the purposes of the investigation; and

(c) where the matter relates to the questioning of a person attending an examination—whether the questioning may reasonably be considered as assisting the Chief Examiner to achieve the purposes of the investigation to which the examination relates.

S. 42B(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.72(b)).

(3) If Integrity Oversight Victoria considers that a video-recording provided by the Chief Examiner is no longer necessary for the purpose of reviewing the video-recording in accordance with this section, Integrity Oversight Victoria may—

(a) return the video-recording to the Chief Examiner; or

(b) destroy the video-recording.

S. 42C inserted by No. 2/2019 s. 136.

42C Review of notices etc. provided by the Information Commissioner

S. 42C(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.73).

(1) Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the Information Commissioner under the specified sections of the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014—

(a) a written report on the issue of a notice to produce or attend given under section 61ZD of the Freedom of Information Act 1982;

(b) a copy of an audio or video recording and any transcript of an examination given under section 61ZH of the Freedom of Information Act 1982;

(c) a written report on the issue of a notice to produce or attend given under section 83D of the Privacy and Data Protection Act 2014;

(d) a copy of an audio or video recording and any transcript of an examination given under section 83GA of the Privacy and Data Protection Act 2014.

(a) whether the requirements under the Freedom of Information Act 1982 or the Privacy and Data Protection Act 2014 (as the case may be) relating to that matter have been complied with; and

(b) where the Information Commissioner has required a person to produce documents or things for the purposes of an investigation or for the dealing of a complaint—whether the requirement may reasonably be considered as assisting the Information Commissioner to achieve the purposes of the investigation or the dealing with of the complaint; and

(c) where the matter relates to the questioning of a person attending an examination—whether the questioning may reasonably be considered as assisting the Information Commissioner to achieve the purposes of the investigation, the review or the dealing with of the complaint to which the examination relates.

S. 42C(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.73(b)).

(3) If Integrity Oversight Victoria considers that an audio or video recording provided by the Information Commissioner is no longer necessary for the purpose of reviewing the audio or video recording in accordance with this section, Integrity Oversight Victoria may—

(a) return the audio or video recording to the Information Commissioner; or

S. 42D inserted by No. 21/2020 s. 88, amended by No. 31/2024 s. 113(Sch. 1 item 1.74), repealed by No. 35/2025 s. 94.

S. 42E inserted by No. 21/2020 s. 88, amended by No. 31/2024 s. 113(Sch. 1 item 1.75), repealed by No. 35/2025 s. 95.

S. 42F inserted by No. 27/2024 s. 168.

42F Review of information provided by Parliamentary Workplace Standards and Integrity Commission

S. 42F(1) amended by No. 27/2024 s. 188(Sch. 3 item 1.2(a)).

(1) Integrity Oversight Victoria may review the following—

(a) a report provided to it under section 22(3)(b) or 24(3)(b) of the Parliamentary Workplace Standards and Integrity Act 2024;

(b) a copy of a recording provided to it under section 22(6)(a) or 24(4)(a) of that Act;

(c) a copy of a transcript provided to it under section 22(6)(b) or 24(4)(b) of that Act;

(d) anything provided to it under section 80 of that Act.

(a) whether the requirements under the Parliamentary Workplace Standards and Integrity Act 2024 relating to that matter have been complied with; and

(b) if the Parliamentary Workplace Standards and Integrity Commission has requested a person to provide information, documents or other things for the purposes of an investigation—whether the requirement may reasonably be considered to assist the Parliamentary Workplace Standards and Integrity Commission to achieve the purposes of the investigation; and

(c) if the matter relates to the questioning of a person attending an interview with the Parliamentary Workplace Standards and Integrity Commission—whether the questioning may reasonably be considered to assist the Parliamentary Workplace Standards and Integrity Commission to achieve the purposes of the investigation to which the attendance relates.

S. 42F(3) amended by No. 27/2024 s. 188(Sch. 3 item 1.2(b)).

(3) If Integrity Oversight Victoria considers that a copy of a recording provided by the Parliamentary Workplace Standards and Integrity Commission is no longer necessary for the purpose of reviewing the copy in accordance with this section, Integrity Oversight Victoria may—

(a) return the copy to the Parliamentary Workplace Standards and Integrity Commission; or

(b) destroy the copy.

Pt 6 (Heading) amended by No. 19/2012 s. 11(1).

Part 6—Investigations and inquiries

Pt 6 Div. 1 (Heading) inserted by No. 19/2012 s. 11(2).

Division 1—Investigations

S. 43 amended by No. 82/2012 ss 37, 204, 267.

43 Complaints

S. 43(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.76).

(1) A person may make a complaint to Integrity Oversight Victoria about the conduct of the IBAC or IBAC personnel in respect of the—

(a) performance or exercise; or

(b) failure to perform or exercise; or

(c) purported performance or purported exercise—

by the IBAC or IBAC personnel of the duties, functions or powers conferred on the IBAC or IBAC personnel in relation to any matter.

Note to s. 43(1) inserted by No. 59/2014 s. 26.

See section 92A for complaints by detained persons. See section 48A for withdrawal of complaints.

(2) Without limiting the generality of subsection (1), a complaint may be made on the basis that specified conduct of the IBAC or IBAC personnel was—

S. 43(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.76).

(3) A person may make a complaint to Integrity Oversight Victoria about the conduct of a VAGO officer in respect of—

S. 43(3)(b) amended by No. 12/2019 s. 13.

(b) the compliance with sections 30, 31, 32, 33, 34, 35, 36, 37, 39, 41, 42, 43, 44, 45, 46, 48, 49, 50 and 51 of the Audit Act 1994.

(4) Without limiting the generality of subsection (3), a complaint may be made on the basis that specified conduct was—

S. 43(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.76).

(5) A person may make a complaint to Integrity Oversight Victoria about the conduct of an Ombudsman officer in respect of—

(b) the compliance with procedural fairness requirements in the performance of functions under the Ombudsman Act 1973 or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the Ombudsman Act 1973 or any other Act.

(6) Without limiting the generality of subsection (5), a complaint may be made on the basis that specified conduct was—

S. 43(6A) inserted by No. 27/2024 s. 169, amended by No. 31/2024 s. 113(Sch. 1 item 1.76).

(6A) A person may make a complaint to Integrity Oversight Victoria about the conduct of the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer in respect of—

(a) the performance or exercise, or purported performance or exercise, of any of the duties, functions or powers conferred on the Parliamentary Workplace Standards and Integrity Commission or Parliamentary Workplace Standards and Integrity Commission officer in respect of any matter; or

(b) the compliance with procedural fairness requirements in the performance of functions under the Parliamentary Workplace Standards and Integrity Act 2024 or any other Act, including in the conduct of investigations and the making of reports and recommendations under that Act or any other Act.

S. 43(6B) inserted by No. 27/2024 s. 169.

(6B) Without limiting the generality of subsection (6A), a complaint may be made on the basis that specified conduct was—

S. 43(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.76).

(7) A person may make a complaint to Integrity Oversight Victoria about the conduct of the Chief Examiner or an Examiner in respect of—

(b) compliance with the Major Crime (Investigative Powers) Act 2004.

(8) Without limiting the generality of subsection (7), a complaint may be made on the basis that specified conduct was—

S. 43(9) inserted by No. 20/2017 s. 112, amended by No. 31/2024 s. 113(Sch. 1 item 1.76).

(9) A person may make a complaint to Integrity Oversight Victoria about the conduct of an officer of the Office of the Victorian Information Commissioner in respect of—

S. 43(9)(b) substituted by No. 2/2019 s. 137.

(b) the compliance with procedural fairness requirements in—

(i) the exercise, or purported exercise, of coercive powers under the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014; and

(ii) the conduct of investigations under Part VIB of the Freedom of Information Act 1982; and

(iii) the making of recommendations under section 61L of the Freedom of Information Act 1982; and

(iv) the making of investigation reports under section 61Q of the Freedom of Information Act 1982; and

(v) the making of compliance notices under Part 3 of the Privacy and Data Protection Act 2014.

S. 43(10) inserted by No. 20/2017 s. 112.

(10) Without limiting the generality of subsection (9), a complaint may be made on the basis that specified conduct was—

S. 43(11)(12) inserted by No. 50/2021 s. 108, repealed by No. 31/2023 s. 23.

S. 43A inserted by No. 2/2019 s. 138.

43A Form of complaint

S. 43A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.77(a)).

(1) Integrity Oversight Victoria may refuse to consider a complaint unless—

S. 43A(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.77(b)).

(a) the complaint is made to Integrity Oversight Victoria in writing; or

(b) the complainant complies with a requirement made under subsection (2).

S. 43A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.77(b)).

(2) If a complaint to Integrity Oversight Victoria is not made in writing, Integrity Oversight Victoria may require the complainant to provide a written statement in the form (if any) specified by Integrity Oversight Victoria—

S. 43A(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.77(b)).

(a) confirming that the complainant wants Integrity Oversight Victoria to consider the complaint; and

(b) specifying the details of the complaint.

S. 44 amended by Nos 82/2012 ss 38, 205, 268, 85/2012 s. 114.

44 Investigation of complaint

S. 44(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.78(a)).

(1) Integrity Oversight Victoria may investigate a complaint made under section 43 in order to assess the conduct in respect of which the complaint is made or any other conduct relevant to the matter.

S. 44(2) amended by Nos 2/2019 s. 64(1), 31/2024 s. 100(1), 31/2024 s. 113(Sch. 1 item 1.78(b)).

(2) Subject to section 44A, Integrity Oversight Victoria must investigate a public interest complaint.

S. 44(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).

(3) If Integrity Oversight Victoria decides to investigate a complaint referred to in section 43(1), Integrity Oversight Victoria must notify the IBAC in writing unless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.

S. 44(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).

(4) If Integrity Oversight Victoria decides to investigate a complaint referred to in section 43(3), Integrity Oversight Victoria must notify the Auditor-General in writing unless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.

S. 44(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).

(5) If Integrity Oversight Victoria decides to investigate a complaint referred to in section 43(5), Integrity Oversight Victoria must notify the Ombudsman in writing unless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.

S. 44(5A) inserted by No. 27/2024 s. 170(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).

(5A) If Integrity Oversight Victoria decides to investigate a complaint referred to in section 43(6A), Integrity Oversight Victoria must notify the Parliamentary Workplace Standards and Integrity Commission in writing unless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.

S. 44(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).

(6) If Integrity Oversight Victoria decides to investigate a complaint referred to in section 43(7), Integrity Oversight Victoria must notify the Chief Examiner or the Examiner, as the case requires, in writing unless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.

S. 44(6A) inserted by No. 20/2017 s. 113(1), amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).

(6A) If Integrity Oversight Victoria decides to investigate a complaint referred to in section 43(9), Integrity Oversight Victoria must notify the Information Commissioner and either the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner (as the case applies) in writing unless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.

S. 44(6B) inserted by No. 2/2019 s. 64(2), amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).

(6B) Before investigating a public interest complaint that relates to a Public Interest Monitor, Integrity Oversight Victoria must notify in writing—

(a) the Minister, if the public interest complaint relates to the Principal Public Interest Monitor; or

(b) the Principal Public Interest Monitor, if the public interest complaint relates to any other Public Interest Monitor—

unless Integrity Oversight Victoria reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.

S. 44(6C) inserted by No. 50/2021 s. 109(1), repealed by No. 31/2023 s. 24(1).

S. 44(7) amended by Nos 20/2017 s. 113(2), 2/2019 s. 64(3), 50/2021 s. 109(2), 31/2023 s. 24(2), 27/2024 s. 170(2), 31/2024 s. 113(Sch. 1 item 1.78(b)).

(7) Despite subsections (3), (4), (5), (5A), (6), (6A) and (6B) but subject to subsection (8), Integrity Oversight Victoria must not in any notice under those subsections include any information likely to lead to the identification of a person who has made an assessable disclosure.

S. 44(8) amended by Nos 2/2019 s. 64(4), 31/2024 s. 113(Sch. 1 item 1.78(b)).

(8) However, Integrity Oversight Victoria may in a notice referred to in subsection (7) include information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

S. 44(9) inserted by No. 31/2024 s. 100(2), amended by No. 31/2024 s. 113(Sch. 1 item 1.78(b)).

(9) If Integrity Oversight Victoria decides to investigate a complaint made under section 43, Integrity Oversight Victoria may advise the complainant that the complaint will be investigated.

S. 44A (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.79).

S. 44A inserted by No. 31/2024 s. 101.

44A Integrity Oversight Victoria may refuse to investigate certain public interest complaints

S. 44A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.80(a)).

(1) Integrity Oversight Victoria may refuse to investigate a public interest complaint if Integrity Oversight Victoria considers—

(a) the subject matter of the public interest complaint is trivial; or

(b) the public interest complaint is frivolous or vexatious; or

(c) the public interest complaint lacks substance or credibility; or

(d) the public interest complaint was not made genuinely or was made for a mischievous purpose; or

(e) the conduct that is the subject of the public interest complaint does not amount to improper conduct within the meaning of the Public Interest Disclosures Act 2012; or

(f) the conduct that is the subject of the public interest complaint does not amount to detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012; or

(g) investigation of the public interest complaint would prejudice any criminal proceedings or criminal investigations.

S. 44A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.80(b)).

(2) Integrity Oversight Victoria may refuse to investigate a public interest complaint if the person who made the public interest complaint—

(a) made the disclosure that was determined to be a public interest complaint more than 12 months after becoming aware of the disclosed matter; and

(b) fails to give a satisfactory explanation for the delay in making the disclosure.

S. 44B inserted by No. 31/2024 s. 101.

44B Investigation of public interest complaint when other proceedings on foot

S. 44B(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.81(a)).

(1) Integrity Oversight Victoria may commence or continue to investigate a public interest complaint despite the fact that any proceedings (whether civil or criminal) are on foot, or are commenced, in any court or tribunal that relate to, or are otherwise connected with, the subject matter of the investigation.

S. 44B(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.81(b)).

(2) If Integrity Oversight Victoria is or becomes aware that such proceedings are on foot, or have been commenced, Integrity Oversight Victoria must take all reasonable steps to ensure that the conduct of the investigation does not prejudice those proceedings.

S. 45 (Heading) amended by No. 2/2019 s. 65(1).

S. 45 inserted by No. 85/2012 s. 115.

45 Advice to person who made public interest complaint

S. 45(1) amended by Nos 2/2019 s. 65(2), 31/2024 s. 102(1), 31/2024 s. 113(Sch. 1 item 1.82(a)).

(1) Subject to subsections (3) and (4), Integrity Oversight Victoria must advise a person who made a public interest complaint that the public interest complaint will be investigated.

(2) Advice provided under subsection (1) must be provided in writing and within a reasonable time after—

S. 45(2)(a) amended by Nos 2/2019 s. 65(3), 31/2024 s. 113(Sch. 1 item 1.82(a)).

(a) in the case of a public interest complaint referred to in paragraph (a) of the definition of public interest complaint—Integrity Oversight Victoria has determined that the disclosure is a public interest complaint; or

S. 45(2)(b) amended by Nos 2/2019 s. 65(3), 31/2024 s. 113(Sch. 1 item 1.82(a)).

(b) in the case of a public interest complaint referred to in paragraph (b) of the definition of public interest complaint—the public interest complaint is received by Integrity Oversight Victoria on referral by the IBAC.

S. 45(2A) inserted by No. 31/2024 s. 102(2).

(2A) Advice provided under subsection (1) must include a statement as to the effect of section 97AA.

S. 45(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.82).

(3) Integrity Oversight Victoria must not provide advice under subsection (1) if Integrity Oversight Victoria considers on reasonable grounds that to do so would—

(a) not be in the public interest or in the interests of justice; or

(b) put a person's safety at risk; or

(c) cause unreasonable damage to a person's reputation; or

S. 45(3)(d) amended by Nos 37/2014 s. 10(Sch. item 179.2), 31/2024 s. 113(Sch. 1 item 1.82(a)).

(d) prejudice an investigation by Victoria Police, Integrity Oversight Victoria or the IBAC; or

(e) otherwise contravene any applicable statutory secrecy obligations; or

(f) involve the unreasonable disclosure of information relating to the personal affairs of any person.

S. 45(4) inserted by No. 31/2024 s. 102(3), amended by No. 31/2024 s. 113(Sch. 1 item 1.82(a)).

(4) If, under section 44A, Integrity Oversight Victoria refuses to investigate a public interest complaint, Integrity Oversight Victoria must, within a reasonable time, give the person who made the complaint written advice of—

(a) the refusal; and

(b) the reason for the refusal.

S. 46 amended by No. 82/2012 ss 39, 206, 269.