92Persons who receive reports or information prior to publication

92 Persons who receive reports or information prior to publication

S. 92(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.151).

(1) Subject to subsection (3), a person who receives a proposed report, or a draft or part of a proposed report or information contained in a proposed report or draft or part of a proposed report, before the report is published by Integrity Oversight Victoria in accordance with section 87 or 91 must not disclose any information contained in the proposed report or draft or part of the proposed report unless—

(a) the disclosure is permitted under subsection (2); and

(b) the advice required by subsection (4) is given at the same time the disclosure is made.

Note to s. 92(1) inserted by No. 59/2014 s. 31(4).

(2) For the purposes of subsection (1), a disclosure is permitted if the disclosure—

S. 92(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.151).

(a) is made in accordance with a direction or authorisation given by Integrity Oversight Victoria; or

(b) is made by an officer of an entity to other officers of the entity for the purposes of enabling the entity to respond to the proposed report or draft or part of the proposed report; or

(c) subject to section 58(2) and (8), is made for the purposes of obtaining legal advice or representation in relation to the proposed report or draft or part of the proposed report; or

(d) is otherwise authorised or required to be made by or under this Act.

S. 92(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.151).

(3) Despite subsection (1), a disclosure is permitted if the disclosure is made after the information is published by Integrity Oversight Victoria in a report or has otherwise been made public in accordance with this Act.

(4) A person who makes a disclosure of information permitted by subsection (2) must advise any person to whom the disclosure is made that this section applies in relation to the subsequent disclosure of that information by the person to whom the disclosure is made.