24EReport of independent performance auditor

24E Report of independent performance auditor (1) The independent performance auditor may make a report of a performance audit conducted under section 24D. (2) A report under subsection (1)— (a) may include any information and recommendations the independent performance auditor considers relevant; and (b) must set out the reasons for opinions expressed in the report. (3) The independent performance auditor must not make a report under subsection (1) unless— (a) at least 20 business days before making the report, the independent performance auditor gives the Ombudsman a copy of the proposed report or a summary of findings and proposed recommendations; and (b) the independent performance auditor asks the Ombudsman in writing for comment before a specified date, being at least 10 business days after the material referred to in paragraph (a) is given to the Ombudsman; and (c) the independent performance auditor includes in the report any comments made before the specified date, or a summary of those comments, in a form agreed between the independent performance auditor and the Ombudsman. (4) The independent performance auditor must, within 7 sitting days of making the report, transmit the report to each House of the Parliament. (5) The independent performance auditor must not include in a report under subsection (1)— (a) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or (b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence. (6) The independent performance auditor must not include in a report under subsection (1)— S. 24E(6)(a) amended by No. 31/2024 s. 113(Sch. 1 item 24.12). (a) any information that the independent performance auditor considers would prejudice any criminal proceedings or criminal investigation, or any investigations by the Ombudsman, the IBAC or Integrity Oversight Victoria; or (c) any information that— (i) is likely to lead to the identification of a person who has made an assessable disclosure; and (7) If the independent performance auditor intends to include in a report under subsection (1) a comment or an opinion that is adverse to any person who is to be named in the report and who is an officer or employee of the office of the Ombudsman, the Ombudsman must, after receiving a copy of the proposed report or the relevant part of the proposed report, give the person a reasonable opportunity to respond to the Ombudsman in relation to the adverse material. Part V—Annual and other reports S. 25 substituted by No. 79/2004 s. 73. 25 Annual and other reports to Parliament S. 25(1) amended by No. 30/2016 s. 70(4)(f). (1) The Ombudsman must make a report to Parliament on the performance of the Ombudsman's functions during each financial year. Note to s. 25(1) inserted by No. 85/2012 s. 163, amended by No. 2/2019 s. 79(Sch. 1 Pt C item 31). See also section 69 of the **Public Interest Disclosures Act 2012** for other matters that must be included in the Ombudsman's report. S. 25(1A) inserted by No. 2/2019 s. 177. (1A) The Ombudsman must prepare a report of the operations of the office of the Ombudsman during each financial year that includes an account of the implementation of the annual plan required under section 24B. S. 25(2) amended by No. 30/2016 s. 70(4)(f). (2) The Ombudsman may at any time make a report to Parliament on any matter arising in connection with the performance of the Ombudsman's functions. (3) Nothing in this section limits the Ombudsman's right to make a report to Parliament under any other provision of this Act. S. 25AA (Heading) amended by No. 82/2012 s. 241. S. 25AA inserted by No. 79/2004 s. 73. 25AA Transmission of sections 23(6) and 25 reports to Parliament (1) The Ombudsman must cause a report under section 23(6) or 25 to be transmitted to each House of the Parliament— S. 25AA(1)(a) amended by No. 2/2019 s. 178. (a) in the case of a report under section 25(1) or (1A)—as soon as practicable after the end of the financial year to which it relates; (b) in the case of a report under subsection 23(6) or 25(2)—as soon as practicable after it is completed. (2) The clerk of each House of the Parliament must cause the report to be laid before the House on the day on which it is received or on the next sitting day of the House. (3) If the Ombudsman proposes to transmit a report to Parliament when Parliament is in recess, the Ombudsman must— S. 25AA(3)(a) amended by No. 30/2016 s. 70(4)(g). (a) give one business day's notice of intention to do so to the clerk of each House of the Parliament; and (b) give the report to the clerk of each House on the day indicated in the notice; and (c) publish the report on the Ombudsman's Internet website as soon as practicable after giving it to the clerks. (4) The clerk of each House must— (a) notify each member of the House of the receipt of a notice under subsection (3)(a) on the same day that the clerk receives that notice; and (b) give a copy of a report to each member of the House as soon as practicable after the report is received under subsection (3)(b); and (c) cause the report to be laid before the House on the next sitting day of the House. (5) A report that is given to the clerks under subsection (3)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament. (6) The publication of a report by the Ombudsman under subsection (3)(c) is absolutely privileged and the provisions of sections 73 and 74 of the **Constitution Act 1975** and any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of the Parliament. S. 25AA(7) substituted by No. 30/2016 s. 68. (7) For the purposes of this section, Parliament is in recess when neither House is sitting. S. 25AAB (Heading) substituted by No. 31/2024 s. 92(1). S. 25AAB inserted by No. 2/2019 s. 164. 25AAB Advance copy of sections 23(6) and 25 reports to Parliament S. 25AAB(1) amended by No. 31/2024 s. 92(2)(a). (1) The Ombudsman must provide a copy of a report to Parliament under section 23(6) or 25 to the Minister, the Premier, the Secretary to the Department of Justice and Community Safety and the Secretary to the Department of Premier and Cabinet at least one business day before the report is transmitted to each House of Parliament under section 25AA. S. 25AAB(2) amended by No. 31/2024 s. 92(2)(b). (2) The Ombudsman is not required to provide a copy of a report to a Secretary referred to in subsection (1) if the Ombudsman has already provided the Secretary with the report under section 23(2) or (2A). S. 25AAB(3) amended by No. 31/2024 s. 92(2)(c). (3) The Ombudsman is not required to provide a copy of a report to the Minister or Premier under subsection (1) if the Ombudsman has already provided the Minister or Premier with the report under section 23(2) or (2A). S. 25AAB(4) amended by No. 31/2024 s. 92(2)(d). (4) The Ombudsman is not required to provide a copy of the report under subsection (1) if the Ombudsman considers that in all the circumstances it would be inappropriate to do so. S. 25AB inserted by No. 82/2012 s. 242. 25AB Transmission of section 16 reports The Ombudsman must send a report under section 16 to— (a) the President of the Legislative Council, if the matter was referred by the Legislative Council or a committee of the Legislative Council; or (b) the Speaker of the Legislative Assembly, if the matter was referred by the Legislative Assembly or a committee of the Legislative Assembly; or (c) the President of the Legislative Council and the Speaker of the Legislative Assembly, if the matter was referred by a joint committee of both Houses of Parliament. S. 25A inserted by No. 102/1998 s. 37, substituted by No. 82/2012 s. 243. 25A Content of reports (1) The Ombudsman must not include in a report under this Act— S. 25A(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 24.13). (a) any information that the Ombudsman considers would prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, the IBAC or Integrity Oversight Victoria; or S. 25A(1)(b) amended by No. 85/2012 s. 164(1). (c) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or (d) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence. S. 25A(1A) inserted by No. 85/2012 s. 164(2). (1A) The Ombudsman must not include in a report under this Act any information that— S. 25A(1A)(b) amended by No. 2/2019 s. 79(Sch. 1 Pt C item 32). (b) is not information to which section 53(2)(a), (c) or (d) of the **Public Interest** **Disclosures Act 2012** applies. (2) If the Ombudsman intends to include in a report under this Act a comment or opinion that is adverse to any person, the Ombudsman must first give the person a reasonable opportunity to respond to the adverse material and fairly set out the response in the report. (3) The Ombudsman must not include in a report under this Act any information that would identify any person who is not the subject of any adverse comment or opinion unless the Ombudsman— (a) is satisfied that it is necessary or desirable to do so in the public interest; and (b) is satisfied that it will not cause unreasonable damage to the person's reputation, safety or wellbeing; and (c) states in the report that the person is not the subject of any adverse comment or opinion. S. 25B inserted by No. 56/2004 s. 78, repealed by No. 79/2004 s. 71(c), new s. 25B inserted by No. 82/2012 s. 243. 25B Persons who receive proposed or draft reports or information in them S. 25B(1) amended by No. 2/2019 s. 165(1). (1) Subject to subsections (4), (5), and (6), a person who receives a copy of a report to Parliament under section 25AAB, 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 relevant time must not disclose any information contained in the copy of the report to Parliament, the proposed report or draft or part of the proposed report unless— (a) the disclosure is permitted under subsection (3); and (b) the advice required by subsection (7) is given at the same time the disclosure is made. (2) For the purposes of subsection (1) the ***relevant time*** is— (a) for a report that is to be laid before a House of the Parliament, the time when the report is so laid; or (b) for any other report, the time when the report is made by the Ombudsman. (3) For the purposes of subsection (1), a disclosure is permitted if the disclosure— (a) is made in accordance with a direction or authorisation given by the Ombudsman; or S. 25B(3)(b) amended by Nos 85/2012 s. 165, 2/2019 s. 79(Sch. 1 Pt C item 33). (b) is made by an officer of an authority or a public interest disclosure entity, the responsible Minister for an authority or a public interest disclosure entity or a member of staff of the responsible Minister to other officers of the authority or public interest disclosure entity, the responsible Minister or other members of staff of the responsible Minister for the purposes of enabling the authority or public interest disclosure entity or the responsible Minister to respond to the proposed report or draft or part of the proposed report; or S. 25B(3)(ba) inserted by No. 2/2019 s. 165(2). (ba) is made by the Secretary to the Department of Premier and Cabinet (who receives a copy of a report to Parliament under section 25AAB) to the Premier or the responsible Minister for the purpose of enabling the Premier or the responsible Minister to respond to the copy of the report; or (c) is made by a member of staff of a Council to the Mayor of the Council or by the Mayor to a member of staff of the Council for the purposes of enabling the Council to respond to the proposed report or draft or part of the proposed report; or S. 25B(3)(d) amended by No. 2/2019 s. 165(3). (d) subject to any direction given under section 18M(3), 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 (e) is otherwise authorised or required to be made by or under this Act. (4) Despite subsection (1), a disclosure is permitted if the disclosure is made for the purposes of making a complaint about the conduct of an Ombudsman officer— (a) to the IBAC under the **Independent Broad‑based Anti-corruption Commission Act 2011**; or S. 25B(4)(b) amended by No. 31/2024 s. 113(Sch. 1 item 24.14). (b) to Integrity Oversight Victoria under the **Integrity Oversight Victoria Act 2011**. (5) Despite subsection (1), a disclosure is permitted if the disclosure is made for the purposes of complying with— (a) a witness summons served on a person by the IBAC under the **Independent Broad‑based Anti-corruption Commission Act 2011**; or S. 25B(5)(b) amended by No. 31/2024 s. 113(Sch. 1 item 24.14). (b) a witness summons served on a person by Integrity Oversight Victoria under the **Integrity Oversight Victoria Act 2011**. (6) Despite subsection (1), a disclosure is permitted if the disclosure is made after the information is laid before a House of the Parliament in a report by the Ombudsman or has otherwise been made public in accordance with the Act. (7) A person who makes a disclosure of information permitted by subsection (3) 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. (8) Proceedings may only be instituted for an offence under subsection (1)— S. 26 amended by No. 30/2016 s. 70(4)(h)(i), repealed by No. 2/2019 s. 166. Pt 5A (Headings and ss 26A–26F) inserted by No. 82/2012 s. 244. Part VA—Confidentiality Division 1—Confidentiality requirements for Ombudsman officers S. 26A inserted by No. 82/2012 s. 244.