36ADisclosure of information by Integrity Oversight Victoria

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S. 36A(3)(ea) inserted by No. 50/2021 s. 107, repealed by No. 31/2023 s. 22.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