86ARecommendations relating to Public Interest Monitor must not include certain information

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

S. 86A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.137(a)).

(1) Integrity Oversight Victoria must not include in a recommendation made to an entity under section 85D or 85E 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

(b) indicates that a particular investigation has been, is being, or is to be conducted; or

(c) would compromise the operational activities or methodologies of Victoria Police or of any approved authority within the meaning of section 3(1) of the Witness Protection Act 1991; or

S. 86A(1)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.137(b)).

(d) would prejudice any criminal proceedings or criminal investigations or an investigation by the IBAC, of which Integrity Oversight Victoria is aware; or

(e) is likely to lead to the identification of a person who made an assessable disclosure and that is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies; or

(f) identifies, or is likely to identify, any person who is being, or has been examined under the Major Crime (Investigative Powers) Act 2004 or the nature of any ongoing investigation of an organised crime offence within the meaning of that Act; or

(g) would disclose information about the identity or location, or compromise the security, of a person who is or has been included in the Victorian witness protection program, within the meaning of the Witness Protection Act 1991, or to whom alternative protection arrangements, within the meaning of that Act, are being or have been provided.

(2) For the purposes of subsection (1)(a), investigation, law enforcement agency and relevant application have the meaning given by section 13(12).

S. 86A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.137(a)).

(3) Integrity Oversight Victoria must not include in a recommendation made to an entity under section 85D—

(a) information that includes a finding or opinion that a specified person is guilty of, or has committed, is committing or is about to commit, any criminal offence or disciplinary offence; or

(b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence or disciplinary offence.