97Statement which is false or misleading

97 Statement which is false or misleading

A person must not wilfully make a statement to Integrity Oversight Victoria that the person knows to be false or misleading in a material particular or mislead or attempt to mislead Integrity Oversight Victoria or an Integrity Oversight Victoria Officer in the exercise of its, his or her powers under this Act or the regulations.

Note to s. 97 inserted by No. 59/2014 s. 31(5).

S. 97AA (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.160).

S. 97AA inserted by No. 31/2024 s. 108.

97AA Offence to disclose certain advice or information received from Integrity Oversight Victoria

(1) A complainant who receives advice under section 44(9) or 45(1) or information under section 88(1) or (2) must not disclose the content of that advice or information except in the circumstances specified in subsection (4).

(2) A person who receives advice or information referred to in subsection (1) in any circumstance specified in subsection (4) must not disclose that advice or information except in the circumstances specified in subsection (4).

(3) A person other than a person referred to in subsection (2) who receives advice or information referred to in subsection (1) or (2) from a person referred to in those subsections must not disclose that advice or information except in the circumstances specified in subsection (4).

(4) For the purposes of this section, the specified circumstances are—

(a) disclosure to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons, a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 38 or to comply with this section, including if the person—

(i) does not have a sufficient knowledge of the English language to understand the nature of the witness summons, a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 38 or this section, to an interpreter; or

(ii) is a person under the age of 18 years, to a parent, guardian or independent person; or

(iii) is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, a confidentiality notice, a notice cancelling a confidentiality notice, an order extending a confidentiality notice under section 38 or this section without assistance, to an independent person; or

(b) disclosure for the purposes of obtaining legal advice or representation in relation to—

(i) a witness summons, a confidentiality notice, a notice cancelling a confidentiality notice, an order extending a confidentiality notice under section 38 or compliance with this section; or