38Confidentiality notice

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S. 38(2)(e) repealed by No. 2/2019 s. 62(c).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