26CConfidentiality notice

26C Confidentiality notice (1) During an investigation— S. 26C(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 24.15(b)). (a) if the Ombudsman considers on reasonable grounds that the disclosure of one or more restricted matters would be likely— S. 25C(1)(a)(i) amended by No. 31/2024 s. 113(Sch. 1 item 24.15(a)). (i) to prejudice an investigation by the IBAC or Integrity Oversight Victoria; or (ii) to prejudice the safety or reputation of a person; or (iii) to prejudice the fair trial of a person who has been, or may be, charged with an offence— the Ombudsman must issue a confidentiality notice in respect of the investigation to a person (other than a member of Ombudsman staff, an IBAC Officer or an Integrity Oversight Victoria Officer) specifying the restricted matter or restricted matters in accordance with this section; and S. 26C(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 24.15(b)). (b) if the Ombudsman considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice the investigation, the Ombudsman may issue a confidentiality notice in respect of the investigation to a person (other than a member of Ombudsman staff, an IBAC Officer or an Integrity Oversight Victoria Officer) specifying the restricted matter or restricted matters in accordance with this section. (2) A confidentiality notice must— S. 26C(2)(a) substituted by No. 2/2019 s. 168(a). (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 (7) and sections 26D and 26F and an explanation of the effect of those provisions; S. 26C(2)(ca) inserted by No. 85/2012 s. 167(1), amended by No. 2/2019 s. 168(b). (ca) in the case of a confidentiality notice issued in respect of an investigation of a public interest complaint, include a statement— S. 26C(2)(ca)(i) amended by No. 2/2019 s. 76(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. 26C (2)(ca)(ii) amended by No. 2/2019 s. 76(b). (ii) directing the person to the provisions of that Act which impose those obligations. S. 26C(2)(d) amended by Nos 85/2012 s. 167(2), 30/2016 s. 70(5)(a), repealed by No. 2/2019 s. 76(c). (3) If at any time the Ombudsman 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 disclosure would not be likely to have the effect specified in subsection (1)(a) or (b), the Ombudsman 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). (4) If at any time the Ombudsman considers on reasonable grounds that disclosure of a particular restricted matter specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a) or (b), the Ombudsman 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). (5) If at any time the Ombudsman considers on reasonable grounds that disclosure of the restricted matter or restricted matters specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a) or (b), the Ombudsman must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice. (6) At the conclusion of an investigation in respect of which a confidentiality notice was issued, the Ombudsman must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless— (a) the Ombudsman has applied for an order under section 26D extending the confidentiality notice and the application has not been determined; or (b) the Supreme Court has made an order under section 26D extending the confidentiality notice; or (c) the confidentiality notice has already been cancelled under subsection (3), (4) or (5) or section 26D(3). (7) A confidentiality notice in respect of a particular investigation ceases to have effect on whichever of the following occurs first— (a) the date on which the Ombudsman issues a notice cancelling the confidentiality notice under subsection (3), (4), (5) or (6) or section 26D(3); (b) the date specified in an order under section 26D extending the confidentiality notice. (8) A confidentiality notice under subsection (1) or a notice cancelling a confidentiality notice under subsection (3), (4), (5) or (6) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served. S. 26D inserted by No. 82/2012 s. 244.