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Integrity Oversight Victoria Act 2011
34Special provision applying in respect of function under section 11(2)(g) 63
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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
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
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
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
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
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
Division 1—Miscellaneous 223
92A Complaints etc. by detained person 223
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
104 Regulations—specific matters 237
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
1 General information 251
2 Table of Amendments 253
3 Explanatory details 258
Integrity Oversight Victoria Act 2011
Version incorporating amendments as at
The Parliament of Victoria enacts: