Victoria act

Parliamentary Workplace Standards and Integrity Act 2024

In ForceVIC

Jurisdiction

Victoria

Collection

act

Plain English Summary

8/10 complexity

This Act creates a Parliamentary Workplace Standards and Integrity Commission, a Parliamentary Integrity Adviser and a Parliamentary Ethics Committee to handle allegations of parliamentary misconduct by current and former Members, Ministers and Parliamentary Secretaries. It sets out how referrals, investigations, dispute resolution, confidentiality notices, reports and sanctions are to work.

The Commission decides whether to investigate, can require documents and interviews, may impose or recommend sanctions, and transmits reports to Privileges Committees or the Premier; costs of commissioners are met from the Consolidated Fund.

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What it does

The Parliamentary Workplace Standards and Integrity Act 2024 (the Act) creates a statutory architecture for receiving, assessing, resolving and, where appropriate, sanctioning allegations of parliamentary misconduct by current and former Members, Ministers and Parliamentary Secretaries in Victoria. Mechanically, it does four core things.

First, it establishes the Parliamentary Workplace Standards and Integrity Commission (the Commission) and sets out its powers, procedures and protections for handling referrals of parliamentary misconduct and public interest complaints (Pt 2; s 42-46). The Commission can receive referrals from any person or body (including self‑referrals) about conduct on or after commencement (s 8(1)-(2)), decide to dismiss, defer or redirect referrals (ss 11, 13, 14), attempt confidential dispute resolution (ss 16-20), and conduct formal investigations (ss 21-31, 33-39). Investigations conclude in investigative reports (s 28(1); s 36(1)) or outcome reports after dispute resolution (s 20).

Second, it creates an independent Parliamentary Integrity Adviser (PIA) to provide confidential, non‑legal integrity advice and training to current and former Members, Ministers and Parliamentary Secretaries, and requires the PIA to keep records of written advice and to report annually (s 86-105). The PIA is a separate independent officer with confidentiality protections (ss 87, 102).

Third, the Act institutes a Parliamentary Ethics Committee (a joint House committee) and enhances the role of an existing Integrity and Oversight Committee in various appointment and oversight functions (see s 4, s 52, Division 6 amendments to the Parliamentary Committees Act 2003). The Act also amends multiple existing statutes to integrate the new Commission and PIA into Victoria’s integrity framework (Part 6; Schedule amendments).

Current sections

Direct links to the current provisions in Parliamentary Workplace Standards and Integrity Act 2024.

208

Part 1

Preliminary

Part 1—Preliminary

Purposes

1 Purposes

The purposes of this Act are—

(a) to establish—

(i) a Parliamentary Workplace Standards and Integrity Commission; and

(ii) a Parliamentary Integrity Adviser; and

(iii) a Parliamentary Ethics Committee; and

(b) to make consequential and related amendments.

Commencement

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act (other than Division 12 of Part 6 and Schedule 3) does not come into operation before 31 December 2024, it comes into operation on that day.

(3) If a provision of Division 12 of Part 6 or Schedule 3 does not come into operation before 13 May 2025, it comes into operation on that day.

Definitions

3 Definitions

(1) In this Act—

additional commissioner means a commissioner appointed under section 51;

affected person, in relation to a referral, means a person who is alleged to have been directly affected by conduct that is the subject-matter of the referral;

Australian Local Council means—

(a) a Victorian Local Council; or

(b) a local or municipal council of another State or a Territory;

Australian Parliament means—

(a) the Parliament of Victoria; or

(b) the Parliament of the Commonwealth or another State; or

bullying means behaviour by a person towards another person that—

(a) is repeated and unreasonable; and

(b) creates a risk to the health and safety of the other person;

Chair means the Chair of the Commission appointed under section 50;

Commission means the Parliamentary Workplace Standards and Integrity Commission established by section 42;

Commission officer means—

(a) a member of staff of the Commission; or

(b) a person engaged by the Commission under section 67;

commissioner means a member of the Commission appointed under Division 2 of Part 3;

confidentiality notice means a notice issued by the Commission under section 77;

corrupt conduct has the meaning given by section 4 of the Independent Broad-based Anti-corruption Commission Act 2011;

discrimination has the meaning given in Part 2 of the Equal Opportunity Act 2010 but does not include discrimination, within the meaning given in Part 2 of that Act, on the basis of political belief or activity;

function includes duty and power;

general election has the same meaning as in the Electoral Act 2002;

House means a House of the Parliament;

IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011;

improper conduct has the same meaning as in the Public Interest Disclosures Act 2012;

inappropriate parliamentary workplace behaviour means any of the following behaviour in a parliamentary workplace—

(a) bullying;

(b) sexual harassment or any other form of harassment;

(d) victimisation;

(e) occupational violence or aggression;

individual referrer means a natural person who makes a referral under section 8 but does not include a self-referrer;

Integrity and Oversight Committee means the Joint House Committee established by section 5(a) of the Parliamentary Committees Act 2003;

integrity body means an entity specified in or under Part 1 of Schedule 1;

S. 3(1) def. of Integrity Oversight Victoria inserted by No. 27/2024 s. 188(Sch. 3 item 2.1(a)).

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

investigation request means—

(a) a request under section 22; or

(b) a request under section 24;

investigative report means a report prepared by the Commission under section 28(1) or 36(1);

law enforcement agency has the meaning given by section 3(1) of the Independent Broad‑based Anti-corruption Commission Act 2011;

Member means a member of the Legislative Council or the Legislative Assembly;

member of staff of the Commission means—

(a) an employee referred to in section 66(1); or

(b) any staff who are the subject of an agreement or arrangement under section 66(2);

member of staff of the Parliamentary Integrity Adviser means any staff who are the subject of an agreement or arrangement under section 99;

Members Code of Conduct means the Code of Conduct set out in Part 3 of the Members of Parliament (Standards) Act 1978;

Members Register of Interests means the register maintained under section 26 of the Members of Parliament (Standards) Act 1978;

Members Statement of Values means the Statement of Values set out in section 4 of the Members of Parliament (Standards) Act 1978;

Minister—

(a) when used generically, means a responsible Minister of the Crown; or

(b) when used as "the Minister", means Minister as defined by section 38 of the Interpretation of Legislation Act 1984;

non-compliance report means a report prepared by the Commission under section 32A(1);

occupational violence or aggression means behaviour by which a person (person A) abuses, threatens or assaults another person (person B) in person B's workplace or in the course of person B's occupation;

Ombudsman means the Ombudsman appointed under section 3 of the Ombudsman Act 1973;

outcome report means a report prepared by the Commission under section 20;

Parliamentary Ethics Committee means the Joint House Committee established by section 5(b) of the Parliamentary Committees Act 2003;

Parliamentary Integrity Adviser means the person appointed under section 91;

parliamentary misconduct—

(a) in relation to a Member, means conduct engaged in by the Member as a Member that constitutes—

(i) a contravention of the Members Code of Conduct; or

(ii) a wilful, repeated or deliberate contravention of Part 4 of the Members of Parliament (Standards) Act 1978; or

(iii) wilful, repeated or deliberate misuse of work-related parliamentary allowances; or

(iv) wilful, repeated or deliberate misuse of the Electorate Office and Communications Budget provided to the Member under section 7F of the Parliamentary Salaries, Allowances and Superannuation Act 1968; or

(v) inappropriate parliamentary workplace behaviour; or

(b) in relation to a former Member, means—

(i) conduct referred to in paragraph (a) that was engaged in by the former Member when they were a Member; or

(ii) conduct engaged in by the former Member that constitutes a contravention of a provision of the Members Code of Conduct applicable to the former Member as a former Member; or

(c) in relation to a Minister or Parliamentary Secretary, means conduct engaged in by the Minister or Parliamentary Secretary as a Minister or Parliamentary Secretary that constitutes inappropriate parliamentary workplace behaviour; or

(d) in relation to a former Minister or Parliamentary Secretary, means—

(i) conduct referred to in paragraph (c) that was engaged in by the former Minister or Parliamentary Secretary when they were a Minister or Parliamentary Secretary; or

(ii) conduct engaged in by the former Minister or Parliamentary Secretary that constitutes a contravention of a provision of the Members Code of Conduct applicable to the former Minister or Parliamentary Secretary as a former Minister or Parliamentary Secretary;

Parliamentary precincts has the same meaning as in the Parliamentary Precincts Act 2001;

Parliamentary Secretary means a person appointed by the Premier as a Parliamentary Secretary, including the Cabinet Secretary;

parliamentary workplace means—

(a) the Parliamentary precincts; or

(b) premises the use of which is paid for with a work-related parliamentary allowance referred to in section 6(2)(b) or (c) of the Parliamentary Salaries, Allowances and Superannuation Act 1968; or

(c) premises the use of which is provided or paid for by the State to enable a Member to undertake travel in performing duties as a Minister or Parliamentary Secretary; or

(d) any other place where a Member, Minister or Parliamentary Secretary performs duties as a Member, Minister or Parliamentary Secretary—

but does not include a voting centre within the meaning of the Electoral Act 2002;

perform a function includes exercise a power;

PIA officer means—

(a) a member of staff of the Parliamentary Integrity Adviser; or

(b) a person engaged by the Parliamentary Integrity Adviser under section 100;

political belief or activity has the same meaning as in the Equal Opportunity Act 2010;

political party has the same meaning as in the Electoral Act 2002;

Privileges Committee means the parliamentary committee of a House that is responsible for determining whether there has been a breach of parliamentary privilege or a contempt of that House or of Parliament;

prosecutorial body means an entity specified in or under Part 2 of Schedule 1;

public interest complaint has the meaning given by section 3 of the Public Interest Disclosures Act 2012;

public interest disclosure has the meaning given by section 9 of the Public Interest Disclosures Act 2012;

referral means a referral to the Commission under section 8;

referrer means a person or body that makes a referral under section 8;

register of lobbyists means the register kept under section 66 of the Public Administration Act 2004;

registered political party means—

(a) a registered political party within the meaning of the Electoral Act 2002; or

(b) an organisation registered under a law of the Commonwealth or another State or a Territory that corresponds to Part 4 of the Electoral Act 2002;

restricted matter means—

(a) any evidence or information given to, or obtained by, the Commission;

(b) the contents of any document, or a description of any thing, produced to, or obtained by, the Commission;

(d) the subject-matter of an investigation in relation to which a person has appeared or has been requested to appear;

(e) any information that could enable a person who has given, or may give, evidence, or who has produced, or may produce, any document or thing, to the Commission to be identified or located;

(f) the fact that a person has given, or may give, evidence, or has produced, or may produce, any document or thing, to the Commission;

(g) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012;

(h) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;

self-referrer means a person referred to in section 8(2)(a);

serious parliamentary misconduct means parliamentary misconduct that—

(a) is intentional, wilful or deliberate; or

(b) occurs frequently or forms part of a pattern of behaviour; or

sexual harassment has the meaning given by section 92 of the Equal Opportunity Act 2010;

summary report means a report prepared by the Commission under section 28(9) or 36(9);

Superior Court means—

(a) the High Court; or

(b) the Federal Court; or

victimisation means behaviour by which a person (person A) subjects or threatens to subject another person (person B) to any detriment because—

(a) person B, or a person associated with person B, has made a referral or given information to the Commission; or

(b) person A believes that person B, or a person associated with person B, has made a referral or given information to the Commission or intends to do so;

S. 3(1) def. of Victorian Inspectorate repealed by No. 27/2024 s. 188(Sch. 3 item 2.1(b)).

Victorian Local Council means a Council within the meaning of the Local Government Act 2020;

Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013;

work-related parliamentary allowances has the same meaning as in the Parliamentary Salaries, Allowances and Superannuation Act 1968.

(2) In this Act, a reference to a Member or a current Member includes, in respect of any period commencing on the expiry or dissolution of the Houses and ending on the return of the writs for a general election, a reference to a person who—

(a) was a Member of either House immediately before that expiry or dissolution; and

(b) is seeking election to either House in the general election.

Object

4 Object

The object of this Act is to promote and uphold Victoria's parliamentary standards and integrity regime by establishing—

(a) a statutory Parliamentary Workplace Standards and Integrity Commission to receive, manage and resolve allegations of parliamentary misconduct, including serious parliamentary misconduct, by current and former Members of Parliament, Ministers and Parliamentary Secretaries; and

(b) a statutory Parliamentary Integrity Adviser to provide confidential advice to current and former Members of Parliament, Ministers and Parliamentary Secretaries on their integrity and ethical obligations; and

Act binds the Crown

5 Act binds the Crown

This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.

Extraterritorial operation

6 Extraterritorial operation

This Act extends to parliamentary misconduct engaged in or allegedly engaged in outside Victoria, including outside Australia.

Parliamentary privilege preserved

7 Parliamentary privilege preserved

This Act does not affect the law relating to the privileges of any Australian Parliament or any House of any Australian Parliament.

Part 2—Referrals to the Commission

Division 1—Making referrals

8 Referral of parliamentary misconduct

(1) Any person or body may refer to the Commission an allegation that, on or after the commencement of this section, a current or former Member, Minister or Parliamentary Secretary has engaged in parliamentary misconduct.

(2) Without limiting subsection (1)—

(a) a current or former Member, Minister or Parliamentary Secretary may refer an allegation that they have engaged in parliamentary misconduct; and

(b) the Clerk of the Parliaments may refer an allegation that a current or former Member has engaged in parliamentary misconduct constituted by a wilful, repeated or deliberate contravention of Part 4 of the Members of Parliament (Standards) Act 1978; and

(c) the presiding officer of a House may refer an allegation that a current or former Member has engaged in parliamentary misconduct; and

(d) a law enforcement agency or integrity body may refer an allegation that a current or former Member, Minister or Parliamentary Secretary has engaged in parliamentary misconduct.

(3) A referral must be made within 12 months of the person or body becoming aware of the alleged conduct.

(4) Despite subsection (3), the Commission may accept a referral made more than 12 months after the person or body became aware of the alleged conduct if the referral is accompanied by an explanation for the delay that the Commission considers satisfactory.

(5) A referral may be made anonymously.

Withdrawal of referral

9 Withdrawal of referral

(1) Subject to subsection (2), a referrer may withdraw their referral at any time before the Commission—

(a) dismisses the referral under section 11; or

(b) redirects the referral under section 14; or

(d) prepares an investigative report for the referral under section 28(1).

(2) A referral cannot be withdrawn if it is a disclosure that the IBAC has determined to be a public interest complaint.

See section 26 of the Public Interest Disclosures Act 2012.

(3) If a referral is withdrawn, the Commission must not continue to deal with it.

Request for further information about referral

10 Request for further information about referral

(1) The Commission may request a referrer to provide further information about their referral—

(a) by statutory declaration; or

(b) in any other manner specified by the Commission.

(2) The Commission may request any person or body, other than the person who is the subject of the referral, to provide information to assist the Commission in determining whether—

(a) to dismiss, defer dealing with or redirect a referral under this Division; or

(b) to deal with a referral under Division 2.

Circumstances for dismissal or redirection of referral

11 Circumstances for dismissal or redirection of referral

(1) The Commission must dismiss, or redirect under section 14, a referral that relates to any of the following—

(a) matters unrelated to the functions of the Commission;

(b) conduct allegedly engaged in before the commencement of section 8;

(d) views or opinions of a current or former Member, Minister or Parliamentary Secretary;

(e) internal funding or decision making of a political party;

(f) private or personal matters;

(g) conduct that is subject to parliamentary privilege.

(2) The Commission must dismiss, or redirect under section 14, a referral that it considers is not supported by sufficient evidence, based on information in the referral and information provided on request under section 10, to be dealt with under Division 2.

(3) For the purposes of subsection (2), the Commission must make reasonable requests under section 10 before considering that a referral is not supported by sufficient evidence.

(4) The Commission may dismiss, or redirect under section 14, a referral that is made more than 12 months after the referrer became aware of the alleged conduct.

(5) If further information is requested from a referrer and is not provided within 90 days of the request or any longer period specified by the Commission, the Commission may dismiss the referral or redirect it under section 14.

(6) The Commission may dismiss a referral that it considers to be—

(a) lacking in substance or credibility; or

(b) trivial, frivolous or vexatious; or

(d) related to an allegation of conduct engaged in at a time that is too remote to justify an investigation; or

(e) related to a matter that has already been dealt with by—

(i) an integrity body; or

(ii) a law enforcement agency; or

(iii) an entity with the power to require the production of documents or the answering of questions; or

(iv) a prescribed entity; or

(f) otherwise unjustifiable or unnecessary to deal with.

(7) Subsections (1) to (6) do not apply in respect of a referral that is a public interest disclosure that the Commission must notify to the IBAC.

See section 21 of the Public Interest Disclosures Act 2012.

(8) The Commission may consult any person or body it considers appropriate for the purpose of determining whether to dismiss a referral under this section.

(9) The Commission must give written notice of a dismissal under this section, including the reason for the dismissal, to the referrer.

Notification of referral

12 Notification of referral

(1) Subject to this section, the Commission must give written notice of a referral to the person who is the subject of the referral.

(2) The Commission is not required to give written notice under subsection (1) if—

(a) before dealing with the referral under Division 2, the Commission dismisses it under section 11 or redirects it under section 14; or

(b) the referral is made by a self-referrer.

(3) The Commission is not required to give written notice under subsection (1) if the Commission considers that notification—

(a) may breach a confidentiality or secrecy provision under this Act or any other Act; or

(b) is not in the public interest or the interests of justice; or

(i) the safety of a person; or

(ii) the fair trial of a person who has been or may be charged with an offence; or

S. 12(3)(c)(iii) amended by No. 27/2024 s. 188(Sch. 3 item 2.2).

(iii) an investigation by the Ombudsman, the IBAC or Integrity Oversight Victoria.

(4) The Commission must not include in a written notice any information that may identify a person who is not the subject of the referral, unless—

(a) that person consents to its inclusion; or

(b) the Commission has made reasonable attempts to obtain their consent and is unable to determine whether or not that person consents.

See also section 53 of the Public Interest Disclosures Act 2012.

Deferral of action

13 Deferral of action

(1) The Commission may defer dealing with a referral if the subject‑matter of the referral is being investigated by another entity.

(2) The Commission may consult an entity investigating the subject‑matter of a referral to determine whether it is appropriate to defer dealing with the referral.

(3) The Commission must not defer dealing with a referral for a period that is unreasonable.

(4) If the Commission defers dealing with a referral, the Commission must give written notice of the deferral to the referrer.

(5) If a deferral continues for a period longer than 12 months and the referral is not withdrawn, dismissed under section 11 or redirected under section 14, the Commission must—

(a) give written notice of the ongoing deferral to the referrer; and

(b) consult the referrer as to whether the referral should be withdrawn or dismissed.

Redirection of referral to appropriate entity

14 Redirection of referral to appropriate entity

(1) At any time before, during or after dealing with a referral, the Commission may redirect the referral to an entity specified in subsection (2) if it considers that the subject‑matter of the referral—

(a) is related to the functions of that entity; and

(b) would be more appropriately dealt with by that entity.

(2) The following entities are specified for subsection (1)—

(a) an integrity body;

(b) a law enforcement agency;

(d) the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the Equal Opportunity Act 2010;

(e) a coroner;

(f) a Privileges Committee;

(g) the presiding officer of a House;

(h) a person or body with an appropriate public or official function;

(i) a person or body specified in Schedule 3 to the Ombudsman Act 1973;

(j) a prescribed person or body.

(3) The Commission may consult an entity specified in subsection (2) for the purpose of determining whether to redirect a referral under this section.

(4) The Commission must give written notice of a redirection under this section, including the reason for the redirection, to the referrer.

(5) An entity to whom a referral is redirected must return to the Commission, on request, any document or other thing given to the entity under this section if it is no longer reasonably necessary for the entity to retain the document or thing.

(6) The Commission may continue dealing with a referral that is redirected under this section if the referral does not relate to a matter specified in section 11(1).

The Commission may also be subject to obligations under the Independent Broad-based Anti-corruption Commission Act 2011 and the Public Interest Disclosures Act 2012 in respect of a referral.

Div 2

Dealing with referrals

Division 2—Dealing with referrals

Requirement to deal with referral expeditiously

15 Requirement to deal with referral expeditiously

The Commission, in dealing with a referral under this Division, must act as expeditiously and with as little formality as the requirements of this Act and the proper consideration of the referral permit.

Determination for appropriate dispute resolution

16 Determination for appropriate dispute resolution

(1) The Commission may determine that a referral be dealt with through an appropriate dispute resolution process that—

(a) includes the following parties—

(i) an affected person;

(ii) the person who is the subject of the referral;

(iii) any other person that the Commission considers appropriate; and

(b) does not require any payment by a party to participate in the process; and

(2) Without limiting subsection (1), the Commission may determine that a referral be dealt with through an appropriate dispute resolution process—

(a) at any time before, during or after conducting an investigation in relation to the referral; or

(b) as an alternative to conducting an investigation in relation to the referral.

(3) The Commission must not make a determination under subsection (1) if the referral is a disclosure that the IBAC has determined to be a public interest complaint.

See section 26 of the Public Interest Disclosures Act 2012.

(4) Subject to subsection (5), if the Commission makes a determination under subsection (1), the Commission must—

(a) ensure that the appropriate dispute resolution process takes place as soon as practicable; and

(b) provide reasonable assistance to the parties during the process.

(5) An appropriate dispute resolution process must not take place without the agreement of all parties, including agreement to the format and location of the process.

Participation in appropriate dispute resolution

17 Participation in appropriate dispute resolution

(1) A party to an appropriate dispute resolution process may withdraw from the process at any time.

(2) A person who is under the age of 16 years but of or over the age of 10 years (a young person) may participate in an appropriate dispute resolution process if accompanied by a parent or guardian or an independent person.

(3) For the purposes of subsection (2), an independent person is—

(a) a person nominated by or acceptable to the young person; or

(b) if no person is nominated by or acceptable to the young person, a person who is chosen by the Commission and is not an excluded person.

(4) For the purposes of subsection (3), the following are excluded persons—

(a) an affected person;

(b) the referrer;

(d) any other person who is already a party to the appropriate dispute resolution process;

(e) a person who has provided information to the Commission on a request under section 10(2) in relation to the referral;

(f) a person to whom an investigation request has been made in relation to the referral;

(g) a person whose name appears in any information, document or thing provided to the Commission on a request under section 10 or an investigation request in relation to the referral.

(5) Unless it is not practicable to do so, the Commission must ensure that an independent person chosen under subsection (3)(b) is—

(a) involved in the care or supervision of the young person; and

(b) of the same gender as the young person or, if the young person identifies as being of a particular gender, that gender.

(6) Participation in an appropriate dispute resolution process does not affect the right of a party to the process to take action under any other law.

Protection of disclosure in appropriate dispute resolution

18 Protection of disclosure in appropriate dispute resolution

(1) The Commission must not—

(a) use for the purposes of an investigation, or include in an investigative report, any information disclosed in an appropriate dispute resolution process that may identify a party to the process, unless it does so with the consent of all parties to the process; or

(b) disclose to another person or body any information obtained by the Commission in the course of an appropriate dispute resolution process, unless it does so with the consent of all parties to the process or as required under an Act.

(2) Evidence of anything said or done in an appropriate dispute resolution process is not admissible in a court or tribunal proceeding related to the subject‑matter of the referral without the consent of all parties to the process.

Outcome of appropriate dispute resolution

19 Outcome of appropriate dispute resolution

(1) If the Commission considers that a referral has been resolved by an appropriate dispute resolution process, the Commission may end the process.

(2) If the Commission considers that a referral is unable to be resolved by an appropriate dispute resolution process, the Commission may end the process and do any of the following—

(a) conduct an investigation in relation to the referral;

(b) redirect the referral under section 14;

(d) dismiss the referral.

(3) If the Commission ends an appropriate dispute resolution process under subsection (2), the Commission must give written notice to the parties stating that the referral has not been resolved by an appropriate dispute resolution process.

(4) The Commission may include in a notice under subsection (3) information regarding further action that the Commission intends to take in relation to the referral.

(5) The Commission is not required to include in a notice under subsection (3) any reason why the referral has not been resolved.

Report on outcome of appropriate dispute resolution

20 Report on outcome of appropriate dispute resolution

(1) The Commission must prepare a report on the outcome of an appropriate dispute resolution process unless it considers that it is not in the public interest to do so.

(2) The Commission must provide an outcome report to the following—

(a) if the Premier is the subject of the referral, the Privileges Committee of the Legislative Assembly;

(b) if a Minister (other than the Premier) or Parliamentary Secretary is the subject of the referral, the Premier;

(c) in any other case, the Privileges Committee of the House of which the person who is the subject of the referral is or was a Member.

(3) The Commission must not include in an outcome report any information that may identify a person, other than the person who is the subject of the referral, without their consent.

(4) If the Premier receives an outcome report, the Premier must cause the report to be transmitted as soon as practicable to the House of which the person who is the subject of the referral is a Member.

(5) If a Privileges Committee receives an outcome report, the Privileges Committee must cause the report to be transmitted as soon as practicable to its House.

Investigation of referral

21 Investigation of referral

(1) Subject to this section, the Commission may conduct an investigation in relation to a referral if it considers it appropriate to do so.

(2) The Commission must consider conducting an investigation in relation to a referral if, at the end of an appropriate dispute resolution process, an affected person who participated in the process requests the Commission to do so.

(3) The Commission must give written notice of its decision to conduct an investigation in relation to a referral to the referrer.

(4) In conducting an investigation in relation to a referral, the Commission—

(a) is not bound by the rules of evidence; and

(b) is bound by the rules of procedural fairness.

Request for information relating to investigation

22 Request for information relating to investigation

(1) The Commission, by written notice, may request a person to provide to the Commission, within 28 days or any longer period specified by the Commission, any document, information or other thing in the person's possession that the Commission considers necessary for the purposes of conducting an investigation in relation to a referral.

(2) A request under subsection (1) must—

(a) be in the prescribed form (if any); and

(b) include the following—

(i) a statement of the person's rights and responsibilities in relation to the request;

See, in particular, sections 25, 27 and 107.

(ii) a statement that the person may seek legal advice in relation to the request;

(iii) a statement that the person is not required to comply with the request if the person has a reasonable excuse;

S. 22(2)(b)(iv) amended by No. 27/2024 s. 188(Sch. 3 item 2.3).

(iv) a statement that the person may make a complaint to Integrity Oversight Victoria about the conduct of the Commission or a Commission officer in making the request;

(v) the prescribed information (if any).

S. 22(3) amended by No. 27/2024 s. 188(Sch. 3 item 2.3).

(3) If the Commission makes a request under subsection (1), the Commission must provide the following to Integrity Oversight Victoria as soon as practicable—

(a) a copy of the request;

(b) a report that sets out the reasons for making the request.

(4) The Commission may take a statutory declaration from a person.

(5) If a person who receives a request under subsection (1) elects to provide information to the Commission orally, the Commission must—

(a) make arrangements with the person for their attendance at a specified time and place to provide the information; and

(b) inform the person that they may—

(i) be accompanied by one or both of the following—

(A) a legal representative;

(B) a support person approved by the Commission; and

(ii) request that the attendance be recorded.

S. 22(6) amended by No. 27/2024 s. 188(Sch. 3 item 2.3).

(6) If a person requests a recording under subsection (5)(b)(ii), the Commission must provide the following to the person and to Integrity Oversight Victoria within a reasonable time—

(a) a copy of the recording;

(b) a copy of any transcript of the attendance prepared by the Commission.

Return of documents etc. provided

23 Return of documents etc. provided

(1) The Commission must return any document or other thing provided on a request under section 22 at the earliest of the following—

(a) the end of the investigation;

(b) when the document or thing is no longer necessary for the purposes of conducting the investigation.

(2) The Commission may make and keep a copy of any document provided on a request under section 22.

Request to attend for interview

24 Request to attend for interview

(1) The Commission, by written notice, may request a person to attend at a specified place, within 28 days or any longer period specified by the Commission, to be interviewed in connection with an investigation in relation to a referral.

(2) A request under subsection (1) must—

(a) be in the prescribed form (if any); and

(b) include the following—

(i) a statement of the person's rights and responsibilities in relation to the request;

See, in particular, sections 25, 27 and 107.

(ii) a statement that the person may seek legal advice in relation to the request;

(iii) a statement that the person is not required to comply with the request if the person has a reasonable excuse;

(iv) a statement that the person may be accompanied at the interview by one or both of the following—

(A) a legal representative;

(B) a support person approved by the Commission;

S. 24(2)(b)(v) amended by No. 27/2024 s. 188(Sch. 3 item 2.4).

(v) a statement that the person may make a complaint to Integrity Oversight Victoria about the conduct of the Commission or a Commission officer in making the request;

(vi) the prescribed information (if any).

S. 24(3) amended by No. 27/2024 s. 188(Sch. 3 item 2.4).

(3) If the Commission makes a request under subsection (1), the Commission must provide the following to Integrity Oversight Victoria as soon as practicable—

(a) a copy of the request;

(b) a report that sets out the reasons for making the request.

S. 24(4) amended by No. 27/2024 s. 188(Sch. 3 item 2.4).

(4) The Commission must record an interview and provide the following to the person and to Integrity Oversight Victoria within a reasonable time—

(a) a copy of the recording;

(b) a copy of any transcript of the interview prepared by the Commission.

Withdrawal or variation of investigation request

25 Withdrawal or variation of investigation request

(1) Subject to subsection (2), the Commission may at any time—

(a) withdraw an investigation request; or

(b) vary an investigation request by further written notice under section 22 or 24.

(2) The Commission must withdraw an investigation request or vary the request by further written notice under section 22 or 24 if—

(a) the Commission and the person agree that the person is not able to comply with the request; or

(b) the person has a reasonable excuse not to comply with the request.

(3) Without limiting subsection (2)(b), a person has a reasonable excuse not to comply with an investigation request if—

(a) compliance would contravene a secrecy requirement of an enactment that applies to the person; or

(b) the person would be entitled to claim a privilege with respect to the request in a court or tribunal proceeding.

(4) If a person intends not to comply with an investigation request on the basis of a reasonable excuse, the person must notify the Commission of that intention in writing.

(5) If the Commission receives a notice under subsection (4), the Commission may request the person to provide evidence establishing the reasonable excuse that is claimed.

S. 25(6) amended by No. 27/2024 s. 188(Sch. 3 item 2.5).

(6) If the Commission withdraws an investigation request, the Commission must provide to Integrity Oversight Victoria a report that sets out the reason for the withdrawal.

Determination of reasonable excuse

26 Determination of reasonable excuse

(1) If the Commission receives a notice under section 25(4) by which a person claims to have a reasonable excuse specified in section 25(3)(a) or (b), the Commission may apply to the Supreme Court to determine whether that reasonable excuse is established.

(2) If the Commission makes an application under subsection (1), the Supreme Court must—

(a) determine the application in closed court; and

(b) give written notice of its determination to the Commission.

S. 26(3) amended by No. 27/2024 s. 188(Sch. 3 item 2.6).

(3) The Commission must provide to Integrity Oversight Victoria a copy of a notice received under subsection (2).

Failure to comply with investigation request

27 Failure to comply with investigation request

If a Member or former Member fails to comply with an investigation request and does not have a reasonable excuse, the Commission may report the failure to the House of which the person is or was a Member.

Investigative report for referral

28 Investigative report for referral

(1) The Commission must prepare an investigative report at the end of an investigation in relation to a referral.

(2) An investigative report must include the following—

(a) the findings made by the Commission;

(b) for any finding of serious parliamentary misconduct, the sanctions (if any) that the Commission recommends be imposed on the person who is the subject of the referral;

(c) for any finding of parliamentary misconduct other than serious parliamentary misconduct, the sanctions (if any) imposed by the Commission on the person who is the subject of the referral;

(d) for any failure by the person who is the subject of the referral to comply with an investigation request without reasonable excuse—

(i) the details of that failure; and

(ii) the sanctions (if any) that the Commission recommends be imposed on the person who is the subject of the referral;

(e) a statement as to whether the Commission considers, having regard to the matters in subsection (3), that transmitting the report to either House would be contrary to the public interest;

(f) if the Commission considers that transmitting the report to either House would be contrary to the public interest, the reasons for that opinion.

(3) For the purposes of subsection (2)(e), the matters are the following—

(a) if the referral is made by an individual referrer, any request for confidentiality from the individual referrer;

(b) if the report does not include any finding of parliamentary misconduct (including serious parliamentary misconduct)—

(i) any preference of the person who is the subject of the referral concerning whether the report is transmitted to either House; and

(ii) any failure by the person who is the subject of the referral to comply with an investigation request without reasonable excuse.

(4) An investigative report must not include any of the following—

(a) information that is likely to lead to the identification of—

(b) a finding or opinion that a person is guilty of or has committed an offence;

(5) For the purposes of subsection (4)(b), a finding of parliamentary misconduct is not a finding that a person is guilty of or has committed an offence.

(6) If the Commission intends to include in an investigative report any adverse finding about a person, the Commission must—

(a) give the person an opportunity to respond to the proposed finding; and

(b) consider any response by the person in preparing the report; and

(7) The Commission must provide an investigative report as soon as practicable to the following—

(a) if the referral is made by an individual referrer, the individual referrer;

(b) the person who is the subject of the referral;

(c) if a finding in the report relates to the person who is the subject of the referral in their capacity as the Premier, the Privileges Committee of the Legislative Assembly;

(d) if a finding in the report relates to the person who is the subject of the referral in their capacity as a Minister (other than the Premier) or Parliamentary Secretary, the Premier;

(e) if a finding in the report relates to the person who is the subject of the referral in their capacity as a Member, or if the report includes details of their failure to comply with an investigation request without reasonable excuse, the Privileges Committee of the House of which the person is or was a Member.

(8) If the Commission provides an investigative report to a Privileges Committee under subsection (7)(e) and the person who is the subject of the referral is a Minister (other than the Premier) or Parliamentary Secretary, the Commission must also provide a copy of the report to the Premier.

(9) If an investigative report includes a statement that transmitting the report to either House would be contrary to the public interest, the Commission must ensure that the copy of the report provided to the Premier or a Privileges Committee under subsection (7) is accompanied by a summary of the report that—

(a) is suitable to be transmitted to either House instead of the report; and

(b) includes the reasons referred to in subsection (2)(f).

Recommendation of sanctions

29 Recommendation of sanctions

(1) The Commission may recommend that one or more of the sanctions specified in subsection (2) be imposed on the Premier in connection with—

(a) a finding of serious parliamentary misconduct by the Premier; or

(b) a failure by the Premier to comply with an investigation request without reasonable excuse.

(2) The following sanctions are specified for subsection (1)—

(3) The Commission may recommend that one or more of the sanctions specified in subsection (4) be imposed on a Minister (other than the Premier) or Parliamentary Secretary in connection with—

(a) a finding of serious parliamentary misconduct by the Minister or Parliamentary Secretary; or

(b) a failure by the Minister or Parliamentary Secretary to comply with an investigation request without reasonable excuse.

(4) The following sanctions are specified for subsection (3)—

(c) withdrawal of services, removal of access to certain facilities or any other personal restriction relating to the functions of the Minister or Parliamentary Secretary;

(d) withdrawal of the person's commission or appointment as a Minister or Parliamentary Secretary;

(e) any other sanction that the Commission considers appropriate.

(5) The Commission may recommend that one or more of the sanctions specified in subsection (6) be imposed on a Member in connection with—

(a) a finding of serious parliamentary misconduct by the Member; or

(b) a failure by the Member to comply with an investigation request without reasonable excuse.

(6) The following sanctions are specified for subsection (5)—

(c) withdrawal of services, removal of access to certain facilities or any other personal restriction relating to the functions of the Member;

(d) discharge from a parliamentary committee;

(e) for serious parliamentary misconduct that is a contravention of the Members Code of Conduct or a wilful, repeated or deliberate contravention of Part 4 of the Members of Parliament (Standards) Act 1978, a penalty in accordance with section 31 of the Members of Parliament (Standards) Act 1978;

(f) any other sanction that the Commission considers appropriate.

Imposition of sanctions

30 Imposition of sanctions

(1) The Commission may impose one or more of the following sanctions on the Premier or a Member in connection with a finding of parliamentary misconduct by the Premier or Member that is not serious parliamentary misconduct—

(a) a requirement to issue a public apology in a manner and form determined by the Commission;

(b) a requirement to give a written apology or explanation to an affected person;

(d) a requirement to participate in mediation with an affected person;

(e) a requirement to enter into a behaviour agreement with the presiding officer of the House of which they are a Member.

(2) The Commission may impose one or more of the following sanctions on a Minister (other than the Premier) or Parliamentary Secretary in connection with a finding of parliamentary misconduct by the Minister or Parliamentary Secretary that is not serious parliamentary misconduct—

(a) a requirement to issue a public apology in a manner and form determined by the Commission;

(b) a requirement to give a written apology or explanation to an affected person;

(d) a requirement to participate in mediation with an affected person;

(e) a requirement to enter into a behaviour agreement with the Premier.

Presentation of investigative report or summary report to Parliament—Privileges Committee

31 Presentation of investigative report or summary report to Parliament—Privileges Committee

(1) If a Privileges Committee receives an investigative report that does not include a finding of serious parliamentary misconduct or details of any failure by the person who is the subject of the referral to comply with an investigation request without reasonable excuse, the Privileges Committee must cause to be transmitted as soon as practicable to its House—

(2) Subject to subsection (3), if a Privileges Committee receives an investigative report that includes a finding of serious parliamentary misconduct or details of any failure by the person who is the subject of the referral to comply with an investigation request without reasonable excuse, the Privileges Committee must—

(i) invite the person who is the subject of the referral to provide within 30 days a written response regarding the sanctions recommended; and

(ii) consider any response provided within 30 days by the person who is the subject of the referral; and

(c) prepare and cause to be transmitted to its House, no later than 10 sitting days after the period referred to in paragraph (b), a report that contains—

(iii) an explanation for any differences between the recommendations of the Commission and the recommendations of the Privileges Committee.

(3) As soon as practicable after a Privileges Committee receives an investigative report that it must consider under subsection (2), a Member of the Privileges Committee who has a direct or indirect interest in the subject-matter of the referral, being an interest that could conflict with the performance of their duties as a Member of the Privileges Committee in considering the report, must—

(a) recuse themselves from the consideration of the report until the Privileges Committee has caused a report to be transmitted to its House in accordance with subsection (2)(c); or

(4) For the purposes of subsection (3), a direct or indirect interest in the subject-matter of a referral does not include being a member of the same political party as the person who is the subject of the referral.

(5) A Privileges Committee must not reconsider or review any findings of the Commission in an investigative report.

Presentation of investigative report or summary report to Parliament—Premier

32 Presentation of investigative report or summary report to Parliament—Premier

(1) If the Premier receives an investigative report that does not include a finding of serious parliamentary misconduct, the Premier must cause to be transmitted as soon as practicable to the House of which the person who is the subject of the referral is or was a Member—

(2) If the Premier receives an investigative report that includes a finding of serious parliamentary misconduct, the Premier must—

(i) invite the person who is the subject of the referral to provide within 30 days a written response regarding the sanctions recommended; and

(ii) consider any response provided within 30 days by the person who is the subject of the referral; and

(c) prepare and cause to be transmitted to the House of which the person who is the subject of the referral is or was a Member, no later than 10 sitting days after the period referred to in paragraph (b), a report that contains—

(ii) a statement of the actions that the Premier has taken in response to the investigative report; and

(iii) an explanation for any differences between the recommendations of the Commission and the actions taken by the Premier.

(3) Subsections (1) and (2) do not apply in respect of an investigative report received by the Premier under section 28(8).

(4) The Premier must not reconsider or review any findings of the Commission in an investigative report.

32A

Non-compliance with sanctions imposed by Commission

32A Non-compliance with sanctions imposed by Commission

(1) Subject to subsection (2), if the Commission is satisfied that a person has failed to comply, within a reasonable time, with a sanction imposed under section 30, the Commission—

(a) must prepare a report of that failure; and

(b) may recommend that one or more sanctions be imposed on the person as if the Commission had made a finding of serious parliamentary misconduct by the person.

(2) The Commission must not prepare a non‑compliance report unless the Commission has—

(a) given the person an opportunity to respond to the proposed report; and

(b) considered any response by the person.

(3) A non-compliance report must include the following—

(a) the details of the Commission's finding that the person has failed to comply with the sanction;

(b) the sanctions (if any) that the Commission recommends be imposed on the person;

(4) A non-compliance report must not include any of the following—

(a) information that is likely to lead to the identification of—

(b) a finding or opinion that a person is guilty of or has committed an offence;

(5) The Commission must provide a non-compliance report as soon as practicable to the following—

(a) the individual referrer (if any) who made the referral for which an investigative report was prepared and the sanction was imposed;

(b) the person who is the subject of the non‑compliance report;

32B

Presentation of non-compliance report to Parliament—Privileges Committee

32B Presentation of non-compliance report to Parliament—Privileges Committee

(1) Subject to subsection (2), if a Privileges Committee receives a non-compliance report, the Privileges Committee must—

(b) in the case that the report includes sanctions that the Commission recommends be imposed on the person who is the subject of the report—

(i) invite the person to provide within 30 days a written response regarding the sanctions recommended; and

(ii) consider any response provided within 30 days by the person; and

(c) prepare and cause to be transmitted to its House, no later than 10 sitting days after the period referred to in paragraph (b), a report that contains—

(i) the non-compliance report; and

(iii) an explanation for any differences between the recommendations of the Commission and the recommendations of the Privileges Committee.

(2) As soon as practicable after a Privileges Committee receives a non-compliance report, a Member of the Privileges Committee who has a direct or indirect interest in the subject-matter of the report, being an interest that could conflict with the performance of their duties as a Member of the Privileges Committee in considering the report, must—

(a) recuse themselves from the consideration of the report until the Privileges Committee has caused a report to be transmitted to its House in accordance with subsection (l)(c); or

(3) For the purposes of subsection (2), a direct or indirect interest in the subject-matter of a non‑compliance report does not include being a member of the same political party as the person who is the subject of the report.

(4) A Privileges Committee must not reconsider or review any finding of the Commission in a non‑compliance report.

32C

Presentation of non-compliance report to Parliament—Premier

32C Presentation of non-compliance report to Parliament—Premier

(1) If the Premier receives a non-compliance report, the Premier must—

(b) in the case that the report includes sanctions that the Commission recommends be imposed on the person who is the subject of the report—

(i) invite the person to provide within 30 days a written response regarding the sanctions recommended; and

(ii) consider any response provided within 30 days by the person; and

(c) prepare and cause to be transmitted to the House of which the person who is the subject of the report is or was a Member, no later than 10 sitting days after the period referred to in paragraph (b), a report that contains—

(i) the non-compliance report; and

(ii) a statement of the actions that the Premier has taken in response to the non-compliance report; and

(iii) an explanation for any differences between the recommendations of the Commission and the actions taken by the Premier.

(2) Subsection (1) does not apply in respect of a non‑compliance report that is related to an investigative report received by the Premier under section 28(8).

(3) The Premier must not reconsider or review any finding of the Commission in a non-compliance report.

Div 3

Public interest complaints

Division 3—Public interest complaints

Investigation of public interest complaint

33 Investigation of public interest complaint

(1) Subject to this section, the Commission must conduct an investigation in relation to a public interest complaint referred to it by the IBAC.

See section 73A of the Independent Broad-based Anti‑corruption Commission Act 2011.

(2) The Commission must not conduct an investigation in relation to a public interest complaint referred to it by the IBAC unless it is satisfied that—

(a) the complaint relates to a current or former Member, Minister or Parliamentary Secretary; and

(b) if the complaint relates to a current Member, Minister or Parliamentary Secretary, the requirements of subsection (3) are met; and

(c) if the complaint relates to a former Member, Minister or Parliamentary Secretary, the requirements of subsection (4) are met.

(3) For the purposes of subsection (2)(b), the requirements are the following—

(a) the complaint shows or tends to show that, at any time on or after the commencement of section 8, the current Member, Minister or Parliamentary Secretary—

(i) has engaged, is engaging or proposes to engage in improper conduct; or

(ii) has taken, is taking or proposes to take detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012;

(b) the improper conduct or detrimental action constitutes parliamentary misconduct.

(4) For the purposes of subsection (2)(c), the requirements are the following—

(a) the complaint shows or tends to show that, at any time on or after the commencement of section 8, the former Member, Minister or Parliamentary Secretary—

(i) engaged in improper conduct; or

(ii) took detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012;

(b) the improper conduct or detrimental action constitutes parliamentary misconduct.

(5) The Commission may but is not required to conduct an investigation in relation to a public interest complaint referred to it by the IBAC if it considers that the subject-matter of the complaint—

(a) is lacking in substance or credibility; or

(b) is trivial, frivolous or vexatious; or

(i) an integrity body within the meaning of the Independent Broad-based Anti‑corruption Commission Act 2011; or

(ii) any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions.

(6) The Commission must give written notice of a decision not to conduct an investigation in relation to a public interest complaint, including the reason for the decision, to the person who made the disclosure that was determined to be the public interest complaint.

(7) In conducting an investigation in relation to a public interest complaint, the Commission—

(a) is not bound by the rules of evidence; and

(b) is bound by the rules of procedural fairness; and

(c) must act as expeditiously and with as little formality as the requirements of this Act and the proper consideration of the complaint permit.

Public interest complaint may be treated as referral instead

34 Public interest complaint may be treated as referral instead

(1) If the Commission is not satisfied of the matters specified in section 33(2) but is satisfied that the public interest complaint contains an allegation that a current or former Member, Minister or Parliamentary Secretary has engaged in parliamentary misconduct, the Commission may treat the complaint as a referral made under section 8.

(2) This Act, except sections 8(3) and (4), 9(2) and 11(7), applies in respect of a public interest complaint that is treated as a referral as if—

(a) the person who made the disclosure that was determined to be the complaint were the referrer; and

(b) the current or former Member, Minister or Parliamentary Secretary referred to in the complaint were the person who is the subject of the referral.

(3) If the Commission decides under subsection (1) to treat a public interest complaint as a referral made under section 8, the Commission must give written notice of its decision, including the reason for the decision, to the person who made the disclosure that was determined to be the public interest complaint.

See Division 2 for the process by which the Commission may deal with a public interest complaint that it has decided to treat as a referral instead.

Application of investigation provisions

35 Application of investigation provisions

Sections 22, 23, 24, 25, 26 and 27 apply in respect of an investigation in relation to a public interest complaint as if it were an investigation in relation to a referral.

Investigative report for public interest complaint

36 Investigative report for public interest complaint

(1) The Commission must prepare an investigative report at the end of an investigation in relation to a public interest complaint.

(2) An investigative report must include the following—

(a) the findings made by the Commission;

(b) for any finding of improper conduct or detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012, the sanctions (if any) that the Commission recommends be imposed on the person who is the subject of the complaint;

(c) for any failure by the person who is the subject of the complaint to comply with an investigation request without reasonable excuse—

(i) the details of that failure; and

(ii) the sanctions (if any) that the Commission recommends be imposed on the person who is the subject of the complaint;

(d) a statement as to whether the Commission considers, having regard to the matters in subsection (3), that transmitting the report to either House would be contrary to the public interest;

(e) if the Commission considers that transmitting the report to either House would be contrary to the public interest, the reasons for that opinion.

(3) For the purposes of subsection (2)(d), the matters are the following—

(a) if the disclosure that was determined to be the public interest complaint was initially a referral made under section 8 by an individual referrer, any request for confidentiality from the individual referrer;

(b) if the disclosure that was determined to be the public interest complaint was not initially a referral made under section 8, any request for confidentiality from the person who made the disclosure;

(c) if the report does not include any finding of improper conduct or detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012—

(i) any preference of the person who is the subject of the complaint concerning whether the report is transmitted to either House; and

(ii) any failure by the person who is the subject of the complaint to comply with an investigation request without reasonable excuse.

(4) An investigative report must not include any of the following—

(a) if the disclosure that was determined to be the public interest complaint was initially a referral made under section 8, information that is likely to lead to the identification of—

(b) if the disclosure that was determined to be the public interest complaint was not initially a referral made under section 8, information that is likely to lead to the identification of the person who made the disclosure;

(d) a recommendation that a person be prosecuted for an offence.

(5) For the purposes of subsection (4)(c), a finding of improper conduct or detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012 is not a finding that a person is guilty of or has committed an offence.

(6) If the Commission intends to include in an investigative report any adverse finding about a person, the Commission must—

(a) give the person an opportunity to respond to the proposed finding; and

(b) consider any response by the person in preparing the report; and

(7) The Commission must provide an investigative report as soon as practicable to the following—

(a) if the disclosure that was determined to be the public interest complaint was initially a referral made under section 8 by an individual referrer, the individual referrer;

(b) if the disclosure that was determined to be the public interest complaint was not initially a referral made under section 8, the person who made the disclosure;

(d) if a finding in the report relates to the person who is the subject of the complaint in their capacity as the Premier, the Privileges Committee of the Legislative Assembly;

(e) if a finding in the report relates to the person who is the subject of the complaint in their capacity as a Minister (other than the Premier) or Parliamentary Secretary, the Premier;

(f) if a finding in the report relates to the person who is the subject of the complaint in their capacity as a Member, or if the report includes details of their failure to comply with an investigation request without reasonable excuse, the Privileges Committee of the House of which the person is or was a Member.

(8) If the Commission provides an investigative report to a Privileges Committee under subsection (7)(f) and the person who is the subject of the complaint is a Minister (other than the Premier) or Parliamentary Secretary, the Commission must also provide a copy of the report to the Premier.

(a) is suitable to be transmitted to either House instead of the report; and

(b) includes the reasons referred to in subsection (2)(e).

Recommendation of sanctions

37 Recommendation of sanctions

(1) The Commission may recommend that one or more of the sanctions specified in subsection (2) be imposed on the Premier in connection with—

(a) a finding of improper conduct by the Premier; or

(b) a finding of detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012 by the Premier; or

(2) The following sanctions are specified for subsection (1)—

(a) a requirement to give a written apology or explanation to the person who made the disclosure that was determined to be the public interest complaint;

(b) a requirement to participate in a facilitated meeting with the person who made the disclosure that was determined to be the public interest complaint;

(3) The Commission may recommend that one or more of the sanctions specified in subsection (4) be imposed on a Minister (other than the Premier) or Parliamentary Secretary in connection with—

(a) a finding of improper conduct by the Minister or Parliamentary Secretary; or

(b) a finding of detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012 by the Minister or Parliamentary Secretary; or

(c) a failure by the Minister or Parliamentary Secretary to comply with an investigation request without reasonable excuse.

(4) The following sanctions are specified for subsection (3)—

(a) a requirement to give a written apology or explanation to the person who made the disclosure that was determined to be the public interest complaint;

(b) a requirement to participate in a facilitated meeting with the person who made the disclosure that was determined to be the public interest complaint;

(c) withdrawal of services, removal of access to certain facilities or any other personal restriction relating to the functions of the Minister or Parliamentary Secretary;

(d) withdrawal of the person's commission or appointment as a Minister or Parliamentary Secretary;

(e) any other sanction that the Commission considers appropriate.

(5) The Commission may recommend that one or more of the sanctions specified in subsection (6) be imposed on a Member in connection with—

(a) a finding of improper conduct by the Member; or

(b) a finding of detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012 by the Member; or

(6) The following sanctions are specified for subsection (5)—

(a) a requirement to give a written apology or explanation to the person who made the disclosure that was determined to be the public interest complaint;

(b) a requirement to participate in a facilitated meeting with the person who made the disclosure that was determined to be the public interest complaint;

(c) withdrawal of services, removal of access to certain facilities or any other personal restriction relating to the functions of the Member;

(d) discharge from a parliamentary committee;

(e) for improper conduct that is a contravention of the Members Code of Conduct or a wilful, repeated or deliberate contravention of Part 4 of the Members of Parliament (Standards) Act 1978, a penalty in accordance with section 31 of the Members of Parliament (Standards) Act 1978;

(f) any other sanction that the Commission considers appropriate.

Presentation of investigative report or summary report to Parliament—Privileges Committee

38 Presentation of investigative report or summary report to Parliament—Privileges Committee

(1) If a Privileges Committee receives an investigative report that does not include a finding of improper conduct, a finding of detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012 or details of any failure by the person who is the subject of the complaint to comply with an investigation request without reasonable excuse, the Privileges Committee must cause to be transmitted as soon as practicable to its House—

(2) Subject to subsection (3), if a Privileges Committee receives an investigative report that includes a finding of improper conduct, a finding of detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012 or details of any failure by the person who is the subject of the complaint to comply with an investigation request without reasonable excuse, the Privileges Committee must—

(i) invite the person who is the subject of the complaint to provide within 30 days a written response regarding the sanctions recommended; and

(ii) consider any response provided within 30 days by the person who is the subject of the complaint; and

(c) prepare and cause to be transmitted to its House, no later than 10 sitting days after the period referred to in paragraph (b), a report that contains—

(iii) an explanation for any differences between the recommendations of the Commission and the recommendations of the Privileges Committee.

(3) As soon as practicable after a Privileges Committee receives an investigative report that it must consider under subsection (2), a Member of the Privileges Committee who has a direct or indirect interest in the subject-matter of the complaint, being an interest that could conflict with the performance of their duties as a Member of the Privileges Committee in considering the report, must—

(a) recuse themselves from the consideration of the report until the Privileges Committee has caused a report to be transmitted to its House in accordance with subsection (2)(c); or

(4) For the purposes of subsection (3), a direct or indirect interest in the subject-matter of a complaint does not include being a member of the same political party as the person who is the subject of the complaint.

(5) A Privileges Committee must not reconsider or review any findings of the Commission in an investigative report.

Presentation of investigative report or summary report to Parliament—Premier

39 Presentation of investigative report or summary report to Parliament—Premier

(1) If the Premier receives an investigative report that does not include a finding of improper conduct or detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012, the Premier must cause to be transmitted as soon as practicable to the House of which the person who is the subject of the complaint is or was a Member—

(2) If the Premier receives an investigative report that includes a finding of improper conduct or detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012, the Premier must—

(i) invite the person who is the subject of the complaint to provide within 30 days a written response regarding the sanctions recommended; and

(ii) consider any response provided within 30 days by the person who is the subject of the complaint; and

(c) prepare and cause to be transmitted to the House of which the person who is the subject of the complaint is or was a Member, no later than 10 sitting days after the period referred to in paragraph (b), a report that contains—

(ii) a statement of the actions that the Premier has taken in response to the investigative report; and

(iii) an explanation for any differences between the recommendations of the Commission and the actions taken by the Premier.

(3) Subsections (1) and (2) do not apply in respect of an investigative report received by the Premier under section 36(8).

(4) The Premier must not reconsider or review any findings of the Commission in an investigative report.

Div 4

General

Division 4—General

Commission must have regard to certain matters

40 Commission must have regard to certain matters

(1) The Commission must have regard to the matters specified in subsection (2)—

(a) in determining whether to dismiss, defer dealing with or redirect a referral under Division 1 or deal with a referral under Division 2; and

(b) in dealing with a referral under Division 2.

(2) The following matters are specified for subsection (1)—

(a) if the referral is made by an individual referrer, the safety, wellbeing and privacy of the individual referrer;

(b) whether the subject‑matter of the referral would be more appropriately dealt with by another entity;

(3) The Commission must have regard to the following matters in investigating a public interest complaint under Division 3—

(a) the safety, wellbeing and privacy of the person who made the disclosure that was determined to be the public interest complaint;

(b) the prescribed matters (if any).

The Commission must also have regard to the guiding principles in performing its functions—see section 44.

Publication of reports

41 Publication of reports

(1) The Commission may publish an investigative report, a summary report or a non‑compliance report that has been transmitted to either House.

(2) The publication of an investigative report, a summary report or a non‑compliance report by the Commission under subsection (1) 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 that publication as if—

(a) it were a document to which those sections applied; and

(b) it had been published by the Government Printer under the authority of the Parliament.

Part 3—Parliamentary Workplace Standards and Integrity Commission

Division 1—Establishment, principles and functions

42 Establishment of Commission

(1) The Parliamentary Workplace Standards and Integrity Commission is established.

(2) The Commission—

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

(3) The common seal of the Commission—

(a) must be kept in such custody as the Commission determines; and

(b) must not be used except as authorised by the Commission.

(4) All courts must take judicial notice of the common seal of the Commission affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

(5) For the purposes of the Public Administration Act 2004, the Chair is the chief executive officer of the Commission.

The Commission is a special body under section 6(1) of the Public Administration Act 2004. The special body Head is the chief executive officer (by whatever name called) of the special body.

Commission does not represent Crown

43 Commission does not represent Crown

The Commission does not represent the Crown.

Guiding principles

44 Guiding principles

The Commission must have regard to the following principles in performing its functions—

(a) integrity—supporting the integrity of the Parliament and community expectations of their elected representatives;

(b) independence—acting free from influence or political bias;

(d) accountability—facilitating a fair, proportionate and consistent process to hold elected representatives responsible for their conduct in the parliamentary workplace;

(e) fairness—supporting involvement by all participants in the Commission's processes, impartially considering all relevant facts and making decisions based on the available information;

(f) transparency—being open to public scrutiny;

(g) respect and safety—promoting a respectful and safe parliamentary workplace for all participants.

Functions of Commission

45 Functions of Commission

The Commission has the following functions—

(a) receiving and dealing with referrals about parliamentary misconduct;

(b) receiving public interest disclosures about current and former Members, Ministers and Parliamentary Secretaries, referring those disclosures to the IBAC and investigating public interest complaints referred to it by the IBAC;

(d) making findings, issuing reports and imposing or recommending sanctions in respect of parliamentary misconduct, improper conduct and detrimental action;

(da) monitoring compliance with sanctions imposed by it and issuing reports in respect of non-compliance;

(e) redirecting referrals about parliamentary misconduct to an appropriate entity;

(f) supporting the Parliamentary Integrity Adviser in providing guidance and training on integrity and ethical issues to current and former Members, Ministers and Parliamentary Secretaries;

(g) assisting the Parliamentary Ethics Committee in preparing guidance on integrity and ethical issues and reviewing the Members Statement of Values and Members Code of Conduct;

(h) assisting the clerks of each House in monitoring of the Members Register of Interests;

(i) conducting education and training and issuing guidance for the purpose of preventing parliamentary misconduct;

(j) providing support to persons who make referrals about parliamentary misconduct;

(k) any other functions conferred on the Commission by or under this Act or any other Act.

Commission not subject to direction or control

46 Commission not subject to direction or control

Unless otherwise provided by an Act the Commission is not subject to the direction or control of the Minister or any other person in respect of the performance of its functions.

Division 2—Membership of Commission

Constitution of Commission

47 Constitution of Commission

The Commission consists of—

(a) a commissioner appointed as Chair; and

(b) up to 2 additional commissioners as the Minister considers necessary to enable the Commission to perform its functions.

Commissioners are appointed by the Governor in Council on the recommendation of the Minister—see sections 50 and 51.

Independence of commissioners

48 Independence of commissioners

(1) Each commissioner is an independent officer of the Parliament.

(2) The functions, immunities and obligations of a commissioner are as specified in this Act and other laws of the State.

(3) There are no implied functions, rights, immunities or obligations arising from a commissioner being an independent officer of the Parliament.

(4) The powers of the Parliament to act in relation to a commissioner are as specified in or applying under this Act, the Constitution Act 1975 and other laws of the State.

(5) There are no implied powers of the Parliament arising from a commissioner being an independent officer of the Parliament.

(6) Subject to this Act and other laws of the State, a commissioner has complete discretion in the performance of the commissioner's functions.

(7) In particular and without limiting subsection (6), a commissioner is not subject to the direction or control of the Minister in respect of the performance of the commissioner's functions.

Eligibility for appointment

49 Eligibility for appointment

(1) Subject to subsection (3), a person is eligible to be appointed as a commissioner only if—

(a) the Minister considers that the person is of good character and high standing in the community; and

(b) either—

(i) the person has extensive or specialist knowledge, expertise or experience in one or more of the fields specified in subsection (2); or

(ii) the person is or has been, or is qualified for appointment as, a judge of a Superior Court.

(2) The following fields are specified for subsection (1)(b)(i)—

(a) Government;

(b) community affairs;

(d) law;

(e) the dynamics of sexual assault and other gender-based violence;

(f) public sector governance or administration;

(g) public sector ethics and integrity;

(h) any other field the Minister considers relevant.

(3) Despite subsection (1), a person is not eligible to be appointed as a commissioner if the person—

(a) is, or has been at any time in the last 10 years, a member of an Australian Parliament; or

(b) is, or has been at any time in the last 10 years, a councillor of an Australian Local Council; or

(d) is, or has been at any time in the last 10 years, a member of a registered political party; or

(e) is, or has been at any time in the last 10 years, registered on the register of lobbyists; or

(f) is an insolvent under administration.

Chair

50 Chair

(1) Subject to section 52, the Governor in Council, on the recommendation of the Minister, may appoint an eligible person as Chair.

(2) The appointment is to be on a full-time basis, on the terms and conditions determined by the Governor in Council.

(3) The Public Administration Act 2004 does not apply to the Chair in respect of the office of Chair except for the purposes of section 16 of that Act.

Additional commissioners

51 Additional commissioners

(1) Subject to section 52, the Governor in Council, on the recommendation of the Minister, may appoint up to 2 eligible persons as additional commissioners.

(2) The appointment may be on a full-time, part-time or sessional basis, on the terms and conditions determined by the Governor in Council.

(3) The Public Administration Act 2004 does not apply to a commissioner in respect of the office of commissioner.

Role of Integrity and Oversight Committee

52 Role of Integrity and Oversight Committee

The Minister must not make a recommendation under section 50(1), 51(1) or 58(1) unless—

(a) the Minister has submitted details of the proposed recommendation to the Integrity and Oversight Committee; and

(b) the Integrity and Oversight Committee has given written notice to the Minister, within 30 days after that submission, informing the Minister that the Integrity and Oversight Committee has decided unanimously to support the proposed recommendation.

Term of appointment and remuneration

53 Term of appointment and remuneration

(1) A commissioner—

(a) holds office for the period, not exceeding 5 years, specified in the instrument of appointment; and

(b) is eligible for reappointment once.

(2) A commissioner is entitled to the remuneration and allowances specified in the instrument of appointment.

(3) A commissioner's remuneration cannot be reduced during the commissioner's term of office unless the commissioner consents to the reduction.

(4) A commissioner's remuneration is payable out of the Consolidated Fund which is appropriated accordingly to the necessary extent.

(5) Schedule 2 has effect.

Outside employment and activities

54 Outside employment and activities

(1) A commissioner appointed on a full-time basis must not engage in any employment, business or community activity outside the office of commissioner without the approval of—

(a) the Integrity and Oversight Committee; and

(b) the Minister.

(2) A commissioner appointed on a part-time or sessional basis must not engage in any employment, business or community activity outside the office of commissioner that may create an actual or perceived conflict of interest with the commissioner's role as a commissioner.

Oath or affirmation

55 Oath or affirmation

(1) Before a commissioner or acting commissioner performs any functions of office, the commissioner or acting commissioner must take an oath or make an affirmation that they—

(a) will faithfully and impartially perform the functions of office of commissioner; and

(2) Before a member of staff of the Commission performs any functions as a member of staff of the Commission, the member must take an oath or make an affirmation that they—

(a) will faithfully and impartially perform their functions as a member of staff of the Commission; and

(3) The oath or affirmation is to be administered by—

(a) the Speaker of the Legislative Assembly in the case of a commissioner or acting commissioner; or

(b) the Chair in the case of a member of staff of the Commission.

Vacancy and resignation

56 Vacancy and resignation

A commissioner's office becomes vacant if the commissioner—

(a) resigns by writing delivered to the Governor; or

(b) becomes an insolvent under administration; or

(c) is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d) nominates for election to an Australian Parliament or an Australian Local Council or becomes a member of an Australian Parliament or a councillor of an Australian Local Council; or

(e) is appointed as a judge of a Superior Court or the County Court, a magistrate, a coroner or a member of VCAT; or

(f) becomes a member of a registered political party; or

(g) becomes registered on the register of lobbyists; or

(h) becomes a represented person within the meaning of the Guardianship and Administration Act 2019; or

(i) is removed from office under section 57.

Suspension and removal from office

57 Suspension and removal from office

(1) The Governor in Council may suspend a commissioner from office on any of the following grounds—

(a) misconduct;

(b) neglect of duty;

(d) any other ground on which the Governor in Council is satisfied that the commissioner is unfit to hold office.

(2) The Minister must—

(a) consult the Integrity and Oversight Committee as to whether the commissioner should be removed; and

(b) cause to be transmitted to each House on or before the 7th sitting day of that House after the suspension—

(i) a full statement of the grounds of suspension; and

(ii) a statement of any advice or recommendations of the Integrity and Oversight Committee as a result of the consultation under paragraph (a).

(3) The Governor in Council must remove the commissioner from office if each House, on or before the 7th sitting day of that House after the statements under subsection (2)(b) are transmitted to it, declares by resolution that the commissioner ought to be removed from office.

(4) The Governor in Council must remove the suspension and restore the commissioner to office unless each House makes a declaration of the kind specified in subsection (3) within the time specified in that subsection.

(5) A commissioner can only be removed from office in accordance with this section.

Acting appointments

58 Acting appointments

(1) Subject to section 52, the Governor in Council, on the recommendation of the Minister—

(a) may appoint an eligible person (including an additional commissioner) to act in the office of Chair—

(i) if the Chair is absent or, for any other reason, is unable to perform the duties of office; or

(ii) during a vacancy in the office of the Chair; and

(b) may appoint an eligible person to act in the office of additional commissioner—

(i) if an additional commissioner is absent or, for any other reason, is unable to perform the duties of office; or

(ii) during a vacancy in the office of an additional commissioner.

(3) A person may be appointed under subsection (1)(a) or (b) for a period not exceeding 6 months.

(4) A person may be reappointed under subsection (1)(a) or (b) but not if—

(a) the person's total period of appointment would exceed 12 months; or

(b) the person's period of appointment in respect of each period referred to in subsection (1)(a)(i) or (b)(i) or each vacancy referred to in subsection (1)(a)(ii) or (b)(ii) would exceed 6 months.

(5) While a person is acting in the office of Chair or additional commissioner, the person—

(a) has and may perform all the functions of the Chair or the additional commissioner; and

(b) is entitled to be paid the remuneration specified in the person's instrument of appointment.

(6) The Governor in Council may at any time remove a person acting in the office of Chair or additional commissioner from office.

(7) A person acting in the office of Chair or additional commissioner may resign from the acting appointment in writing delivered to the Governor in Council.

eligible person means a person who is eligible under section 49 for appointment as a commissioner.

Commissioner may act as Chair

59 Commissioner may act as Chair

The Chair, by instrument, may nominate another commissioner to act in the office of Chair during a period, or all periods, when the Chair is absent or, for any other reason, is unable to perform the duties of office if there is no acting appointment in place under section 58(1)(a).

Validity of acts and decisions

60 Validity of acts and decisions

(1) An act or decision of the Commission or a commissioner is not invalid only because of—

(a) a vacancy in the office of a commissioner; or

(b) a defect or irregularity in or in connection with the appointment of a commissioner.

(2) An act or decision of the Commission or an acting commissioner is not invalid only because the occasion for the acting commissioner to act had not arisen or had ceased.

Division 3—Performance of Commission's functions

Performance of Commission's functions

61 Performance of Commission's functions

(1) The following functions of the Commission must be performed by the Commission at a meeting or, if the only commissioner appointed is the Chair, by the Chair—

(a) a function under section 14 (redirecting a referral to an appropriate entity);

(b) a function under section 20 (preparing and providing an outcome report);

(d) a function under section 28 (preparing and providing an investigative report for a referral);

(e) a function under section 29 (recommending sanctions);

(f) a function under section 30 (imposing sanctions);

(fa) a function under section 32A (preparing and providing a non-compliance report);

(g) a function under section 33 (deciding to conduct an investigation in relation to a public interest complaint);

(h) a function under section 34 (deciding to treat a public interest complaint as a referral);

(i) a function under section 36 (preparing and providing an investigative report for a public interest complaint);

(j) a function under section 37 (recommending sanctions);

(k) a function under section 68 (delegation);

(l) a function under section 82 (guidelines);

(m) a function under section 83 (annual reporting);

(n) a function of reporting to the Parliamentary Ethics Committee;

(o) a function of reporting to the Integrity and Oversight Committee.

(2) A function of the Commission not specified in subsection (1) may be performed by any commissioner.

(3) Subsection (2) does not prevent the Commission performing a function referred to in that subsection in a meeting.

Commission not to prejudice legal proceedings or investigations

62 Commission not to prejudice legal proceedings or investigations

(1) The Commission must not perform its functions in a manner that would prejudice any—

(a) criminal proceedings or criminal investigations; or

S. 62(1)(b) amended by No. 27/2024 s. 188(Sch. 3 item 2.7).

(b) investigations by the Ombudsman, the IBAC or Integrity Oversight Victoria.

(2) To ensure compliance with subsection (1), the Commission may consult any of the following—

(a) the Director of Public Prosecutions;

(b) the Chief Commissioner of Police;

(d) the IBAC;

S. 62(2)(e) amended by No. 27/2024 s. 188(Sch. 3 item 2.7).

(e) Integrity Oversight Victoria.

Meetings of the Commission

63 Meetings of the Commission

(1) The Chair may convene meetings of the Commission.

(2) The Chair must preside at any meeting of the Commission at which the Chair is present.

(3) If the Chair is not present at a meeting of the Commission, another commissioner nominated by the Chair must preside.

(4) The quorum for a meeting of the Commission is 2 commissioners.

(5) A matter arising at a meeting of the Commission is determined by a majority of votes of the commissioners present and voting on the question and the person presiding has a deliberative vote and, if voting is equal, a second or casting vote.

(6) The Commission must keep minutes that record all decisions made at its meetings.

(7) Subject to this Act, the Commission may regulate its own procedure.

Remote meetings

64 Remote meetings

A meeting of the Commission may be conducted by telephone or any other form of communication that does not require the physical presence of each commissioner in the same room.

Disclosure of interests

65 Disclosure of interests

(1) This section applies to a commissioner if—

(a) the commissioner has a direct or indirect interest, financial or otherwise, in a matter being considered, or about to be considered, by the Commission; and

(b) the interest could conflict with the proper performance of the commissioner in considering the matter.

(2) As soon as practicable after the relevant facts come to the commissioner's knowledge, the commissioner must disclose the nature of the interest at a meeting of the Commission.

(3) The commissioner must not take part, or take further part, in any consideration of, or decision about, the matter without the consent of the other commissioners.

(4) A disclosure under subsection (2) must be recorded in the minutes of the meeting of the Commission.

Division 4—Staffing and administration

Staff and other services

66 Staff and other services

(1) Any employees that are necessary for the purposes of the Commission may be employed under Part 3 of the Public Administration Act 2004.

(2) The Chair may enter into agreements or arrangements for the use of any staff or other services of a Government department, department of the Parliament, statutory authority or other public body.

See also section 55 for oaths or affirmations by members of staff of the Commission.

Consultants and investigators

67 Consultants and investigators

(1) The Chair may engage persons with suitable qualifications and experience as consultants.

(2) The Chair may engage persons with suitable qualifications and experience to assist in the conduct of investigations under Part 2.

(3) An engagement under this section may be on any terms and conditions the Chair considers appropriate.

Delegation by Commission

68 Delegation by Commission

The Commission, by instrument, may delegate to a Commission officer any function of the Commission under this Act or any other Act, other than—

(a) a function referred to in section 61(1); or

(b) a function under section 22 (request for information relating to an investigation); or

(d) a function under section 25 (withdrawal or variation of investigation request); or

(e) a function under section 26 (application for determination of reasonable excuse); or

(f) a function under Division 6 (confidentiality notices).

Delegation by Chair

69 Delegation by Chair

The Chair, by instrument, may delegate the following functions to another commissioner or to a Commission officer—

(a) a function under section 66(2) (entering agreements or arrangements for the use of staff or services);

(b) a function under section 67 (engaging consultants and investigators).

Inability of Chair to act

70 Inability of Chair to act

(1) If the Chair is the only commissioner currently appointed, the Chair may declare that the Chair is unable to act in respect of a particular matter by reason of an actual or perceived conflict of interest.

(2) If the Chair makes a declaration under subsection (1), the Chair, by instrument, may delegate to any Commission officer who would be eligible under section 49 to be appointed as a commissioner any function of the Commission or the Chair which is necessary to enable that matter to be dealt with.

(3) A delegation under subsection (2) to a former judge of the Supreme Court or the County Court or a former Chief Magistrate does not affect any pension or other rights or privileges that the person has as a former judge or Chief Magistrate.

Protection from liability

71 Protection from liability

(1) The Commission or a commissioner is not personally liable for anything done or omitted to be done in good faith—

(a) in the performance of a function under this Act; or

(b) in the reasonable belief that the act or omission was in the performance of a function under this Act.

(2) A member of staff of the Commission performing a function under Part 2 is not personally liable for anything done or omitted to be done in good faith—

(a) in the performance of that function; or

(b) in the reasonable belief that the act or omission was in the performance of a function under that Part.

(3) Any liability resulting from an act or omission that, but for subsection (1) or (2), would attach to the Commission, a commissioner or a member of staff of the Commission attaches instead to the State.

Div 5

Confidentiality, sharing and use of information

Division 5—Confidentiality, sharing and use of information

Confidentiality for Commission, commissioners and Commission officers

72 Confidentiality for Commission, commissioners and Commission officers

(1) The Commission or a person who is or was a commissioner or Commission officer must not disclose any information acquired by reason of being the Commission, a commissioner or a Commission officer, or in the course of the

performance of functions under this Act or any other Act, except in accordance with this Division.

(2) The Commission or a person who is or was a commissioner or Commission officer may disclose information referred to in subsection (1)—

(a) for the performance of functions under this Act or any other Act; or

(b) for the purpose of—

(i) proceedings for an offence; or

(ii) a sanction or action—

brought or imposed under this Act; or

(d) if the information is in the public domain at the time of disclosure, otherwise than as a result of a disclosure that the Commission or person knows or ought to have known was unlawful; or

(e) if the Commission or person considers it necessary to disclose the information to prevent, or reduce the risk of, harm to a person's health, safety or welfare; or

(f) as is otherwise authorised or required under this Act or any other Act.

Disclosure of information to specified entities

73 Disclosure of information to specified entities

(1) If the Commission considers it appropriate, the Commission, at any time, may disclose information referred to in section 72 to any of the following entities if the Commission considers that the information is relevant to the performance of the functions of that entity—

(a) an integrity body;

(b) a law enforcement agency;

(2) Subsection (1) applies subject to any restriction on the disclosure of information under this Act (other than under section 72(1)) or any other Act (including any Commonwealth Act).

(3) Subject to subsection (2), if—

(a) a House has by resolution referred a report made by the Commission to the Privileges Committee of that House to determine whether there has been a breach of parliamentary privilege or contempt of Parliament; and

(b) the Privileges Committee requests the Commission to provide or disclose any information acquired by reason of, or in the course of, preparing the report which the Privileges Committee considers may be necessary to determine whether there has been a breach of parliamentary privilege or contempt of Parliament—

the Commission may at its discretion comply with the request.

(4) The Commission must not disclose information under subsection (1) or (3) that is likely to lead to the identification of a person who has made a referral to the Commission unless that person has given written consent to the disclosure.

Disclosure of information in relation to public interest disclosures or corrupt conduct

74 Disclosure of information in relation to public interest disclosures or corrupt conduct

Without limiting section 72(2)(a) or 73, the Commission may disclose information as necessary to comply with its notification obligations in relation to public interest disclosures under the Public Interest Disclosures Act 2012 or corrupt conduct under the Independent Broad-based Anti-Corruption Commission Act 2011.

Taking advantage of information

75 Taking advantage of information

(1) A person who is or was a commissioner or Commission officer must not take advantage of any information acquired by reason of being a commissioner or Commission officer, or in the course of the performance of functions under this Act or any other Act, to benefit the person or any other person.

(2) A person does not commit an offence against subsection (1) if the information is in the public domain at the time the person takes advantage of it, otherwise than as a result of a disclosure that the person knows or ought to have known was unlawful.

Statutory secrecy and confidentiality provisions

76 Statutory secrecy and confidentiality provisions

A person who in good faith gives information to the Commission, a commissioner or a Commission officer in relation to the functions of the Commission, a commissioner or a Commission officer—

(a) is not subject to any criminal, civil, administrative or disciplinary proceedings or action only because of doing so; and

(b) without limiting paragraph (a), does not breach any obligation of confidence, whether imposed by oath or affirmation, by agreement or by law.

Div 6

Confidentiality notices

Division 6—Confidentiality notices

Confidentiality notice

77 Confidentiality notice

(1) Subject to subsection (3), during an investigation—

(a) if the Commission considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice—

S. 77(1)(a)(i) amended by No. 27/2024 s. 188(Sch. 3 item 2.8(a)).

(i) an investigation by the Ombudsman, the IBAC or Integrity Oversight Victoria; or

(ii) the safety or reputation of a person; or

(iii) the fair trial of a person who has been, or may be, charged with an offence—

the Commission must issue a confidentiality notice in respect of the investigation to a person specifying the restricted matter or restricted matters in accordance with this section; and

(b) if the Commission considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice the investigation, the Commission may issue a confidentiality notice in respect of the investigation to a person specifying the restricted matter or restricted matters in accordance with this section.

(2) A confidentiality notice cannot be issued to a person in their capacity as—

(a) a commissioner; or

(b) a member of staff of the Commission; or

(d) an IBAC Officer within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; or

S. 77(2)(e) substituted by No. 27/2024 s. 188(Sch. 3 item 2.8(b)).

(e) an Integrity Oversight Victoria Officer within the meaning of the Integrity Oversight Victoria Act 2011.

(3) A confidentiality notice must—

(a) be in the prescribed form; and

(b) specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued; and

(d) include a statement of rights and responsibilities of the person to whom the confidentiality notice is issued in relation to the notice; and

See, in particular, section 81.

(e) include a statement of the right of the person to whom the confidentiality notice is issued to complain to the Victorian Inspectorate; and

(f) in the case of a confidentiality notice issued in respect of an investigation of a public interest complaint, include a statement—

(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

(ii) directing the person to the provisions of that Act which impose those obligations.

Cancellation and reissuing of confidentiality notice

78 Cancellation and reissuing of confidentiality notice

(1) If at any time the Commission 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 section 77(1)(a) or (b), the Commission must issue to the person to whom the confidentiality notice was issued—

(b) a new confidentiality notice in respect of that investigation under section 77(1).

(2) If at any time the Commission 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 section 77(1)(a) or (b), the Commission must issue to the person to whom the confidentiality notice was issued—

(b) a new confidentiality notice in respect of that investigation under subsection (1).

(3) If at any time the Commission 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 section 77(1)(a) or (b), the Commission must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice.

(4) If at any time the Commission considers on reasonable grounds that a direction or authorisation in a confidentiality notice in relation to the disclosure of a restricted matter or restricted matters specified in the confidentiality notice should be varied or cancelled, or a further direction or authorisation should be given, the Commission must issue to the person to whom the confidentiality notice was issued—

(b) a new confidentiality notice under section 77(1).

(5) At the conclusion of an investigation in respect of which a confidentiality notice was issued, the Commission must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless—

(a) the Commission has applied for an order under section 79 extending the confidentiality notice and the application has not been determined; or

(b) the Supreme Court has made an order under section 79 extending the confidentiality notice; or

(6) 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 Commission issues a notice cancelling the confidentiality notice under subsection (1), (2), (3), (4) or (5) or section 79(3);

(b) the date specified in an order under section 79 extending the confidentiality notice.

Extension of confidentiality notice

79 Extension of confidentiality notice

(1) If, before the conclusion of an investigation in respect of which a confidentiality notice has been issued, the Commission considers on reasonable grounds that it is necessary to extend the confidentiality notice for a period following the investigation, the Commission may apply to the Supreme Court for an order extending the confidentiality notice.

(2) On an application under subsection (1), the Supreme Court may, by order, extend a confidentiality notice to a date specified in the order, if the Supreme Court is satisfied that disclosure of the restricted matter or restricted matters specified in the confidentiality notice before that date would be likely to have the effect specified in section 77(1)(a) or (b).

(3) If, on an application under subsection (1), the Supreme Court declines to make an order under subsection (2), the Commission must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless the investigation in respect of which the confidentiality notice was issued has not concluded.

Section 78(5) provides for the issue of a notice cancelling a confidentiality notice at the conclusion of the investigation to which the confidentiality notice relates.

S. 80 (Heading) amended by No. 27/2024 s. 188(Sch. 3 item 2.9).

S. 80 amended by No. 27/2024 s. 188(Sch. 3 item 2.10).

Commission to provide Integrity Oversight Victoria with copies and other information

80 Commission to provide Integrity Oversight Victoria with copies and other information

The Commission, as soon as reasonably practicable, must provide Integrity Oversight Victoria with—

(a) a copy of—

(i) each confidentiality notice issued by the Commission; and

(ii) each notice cancelling a confidentiality notice issued by the Commission under section 78(1), (2), (3), (4) or (5) or 79(3); and

(iii) each application to the Supreme Court under section 79(1) to extend a confidentiality notice; and

(iv) each order of the Supreme Court under section 79(2) extending a confidentiality notice; and

(b) a statement of the reasons for issuing or cancelling a confidentiality notice; and

Disclosure subject to confidentiality notice

81 Disclosure subject to confidentiality notice

(1) Subject to subsections (2), (3), (4) and (5), a person who—

(a) is duly served with a confidentiality notice and, if applicable, a copy of any order extending the confidentiality notice; or

(b) receives a copy of a confidentiality notice under subsection (6) or (7) and, if applicable, a copy of any order extending the confidentiality notice—

must not disclose a restricted matter specified in the confidentiality notice while it has effect.

(2) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances—

(a) in accordance with a direction or authorisation given by the Commission;

(b) to any person where necessary for the purposes of complying with a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice, including if the person—

(i) does not have a sufficient knowledge of the English language to understand the nature of the confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice, 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 confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice without assistance, to an independent person;

(i) the confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice; or

(ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act;

(d) by a legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from their professional relationship with their client;

(e) to any of the following persons, unless the Commission directs that the restricted matter must not be disclosed to that person—

(i) the spouse or domestic partner of the person served with the confidentiality notice;

(ii) the employer or manager of the person served with the confidentiality notice, or both;

(f) in any of the following circumstances, unless the Commission directs that the restricted matter must not be disclosed in that circumstance—

(i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued—

(A) a registered health practitioner;

(B) a trade union, within the meaning of section 93AB(11) of the Competition and Consumer Act 2010 of the Commonwealth, of which the person is a member;

(ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim;

(iii) to a prescribed service for a purpose prescribed for that service;

(iv) for the purpose of an application to the Fair Work Commission, including any related proceeding;

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

(3) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of making—

(a) a complaint to the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or

S. 81(3)(b) amended by No. 27/2024 s. 188(Sch. 3 item 2.11(a)).

(b) a complaint to Integrity Oversight Victoria under the Integrity Oversight Victoria Act 2011.

(4) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed 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. 81(4)(b) amended by No. 27/2024 s. 188(Sch. 3 item 2.11(a)).

(b) a witness summons served on a person by Integrity Oversight Victoria under the Integrity Oversight Victoria Act 2011.

(5) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure made is of information that has been transmitted to a House in a report by the Commission or by a Privileges Committee, another investigating entity or the Integrity and Oversight Committee or has otherwise been made public in accordance with this Act or any other Act.

(6) A person who makes a disclosure of information permitted by subsection (2) must, when making the disclosure, provide the person to whom the disclosure is made with a copy of the confidentiality notice and of any order extending the confidentiality notice, unless the person has a reasonable excuse for not doing so.

(7) If in respect of a particular investigation a person who makes a disclosure of information permitted by subsection (2) receives a new confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice, the person must as soon as reasonably practicable provide a copy of the new confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice to each person to whom the disclosure has been made, unless the person has a reasonable excuse for not doing so.

Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth;

investigating entity has the same meaning as in section 3 of the Public Interest Disclosures Act 2012;

registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);

S. 81(8) def. of relevant Act amended by No. 27/2024 s. 188(Sch. 3 item 2.11(b)).

relevant Act means—

(a) the Public Interest Disclosures Act 2012; or

(b) the Independent Broad-based Anti‑corruption Commission Act 2011; or

(d) the Fair Work Act 2009 of the Commonwealth; or

(e) the Local Government Act 2020; or

(f) the Racing Act 1958; or

(g) the Freedom of Information Act 1982.

A person who is served with or receives a confidentiality notice may be subject to further confidentiality obligations under Part 7 of the Public Interest Disclosures Act 2012.

Div 7

General

Division 7—General

Guidelines

82 Guidelines

(1) The Commission must issue guidelines in relation to—

(a) the Commission's functions under this Act; and

(b) the circumstances in which the Commission is required to dismiss a referral or redirect it to another entity; and

(c) the circumstances in which the Commission is not required but is permitted to dismiss a referral or redirect it to another entity; and

(d) the process for dealing with a referral under this Act; and

(e) the process for dealing with a public interest complaint under this Act.

(2) The Commission may publish the guidelines in any manner it considers appropriate.

Annual report

83 Annual report

(1) The Commission must include the following information in its report of operations for a financial year under Part 7 of the Financial Management Act 1994—

(a) the number of referrals received in the financial year;

(b) the number of public interest complaints received from the IBAC and the number treated as referrals in the financial year;

(d) the number of referrals dismissed in the financial year;

(e) the number of referrals resolved by appropriate dispute resolution in the financial year;

(f) the number of referrals redirected to an appropriate entity in the financial year and the names of those entities;

(g) the number of referrals investigated in the financial year;

(h) the number of public interest complaints investigated in the financial year;

(i) the number of allegations of parliamentary misconduct substantiated in the financial year;

(j) the number of allegations of parliamentary misconduct not substantiated in the financial year;

(k) the number of allegations of improper conduct in public interest complaints that were substantiated in the financial year;

(l) the number of allegations of improper conduct in public interest complaints that were not substantiated in the financial year;

(m) the number of allegations of detrimental action in public interest complaints that were substantiated in the financial year;

(n) the number of allegations of detrimental action in public interest complaints that were not substantiated in the financial year;

(o) the number of outcome reports, investigative reports and non-compliance reports provided to the Premier in the financial year;

(p) the number of outcome reports, investigative reports and non-compliance reports provided to each respective Privileges Committee in the financial year;

(q) the number of confidentiality notices issued in the financial year;

(r) an analysis of the nature, scope and trends of parliamentary misconduct;

(s) any other prescribed information.

(2) The Commission must not include in a report of operations—

(a) any information that discloses the identity of an individual, unless—

(i) the individual gives written consent to the disclosure; or

(ii) the Commission considers that disclosure is in the public interest; or

(b) any information that may prejudice an investigation or the Commission otherwise dealing with a referral, unless the Commission considers that disclosure is in the public interest; or

(c) any information that may prejudice an investigation by another entity, unless that entity gives written consent to the disclosure.

(3) As soon as practicable after the end of each financial year, the Commission must cause the report of operations for that year to be transmitted to each House.

Protocols and memoranda of understanding

84 Protocols and memoranda of understanding

The Commission may establish protocols or enter into memoranda of understanding with another person or body on any matter connected with the performance of their respective functions.

Exemption from Freedom of Information Act 1982

85 Exemption from Freedom of Information Act 1982

(1) The Freedom of Information Act 1982 does not apply to a document that is in the possession of any person or body to the extent to which the document discloses information that relates to—

(a) a referral; or

(b) a public interest complaint referred to the Commission by the IBAC; or

(d) a recommendation made by the Commission under this Act.

(2) In this section—

document has the same meaning as in the Freedom of Information Act 1982.

Part 4

Parliamentary Integrity Adviser

Part 4—Parliamentary Integrity Adviser

Div 1

Establishment and functions

Division 1—Establishment and functions

S. 86 amended by No. 11/2026 s. 158 (ILA s. 39B(1)).

Establishment of Parliamentary Integrity Adviser

86 Establishment of Parliamentary Integrity Adviser

(1) There is to be a Parliamentary Integrity Adviser.

S. 86(2) inserted by No. 11/2026 s. 158.

(2) The Parliamentary Integrity Adviser is not a public body within the meaning of the Financial Management Act 1994.

The Parliamentary Integrity Adviser's office is a special body under section 6(1) of the Public Administration Act 2004.

Functions of Parliamentary Integrity Adviser

87 Functions of Parliamentary Integrity Adviser

(1) The Parliamentary Integrity Adviser has the following functions—

(a) providing, on request, confidential oral or written advice to Members, Ministers and Parliamentary Secretaries on—

(i) obligations imposed (whether by legislation or otherwise) on them in relation to matters of integrity or ethics concerning the performance of their role as Members, Ministers or Parliamentary Secretaries; and

(ii) any other integrity and ethical issues concerning the performance of their role as Members, Ministers or Parliamentary Secretaries;

(b) providing, on request, confidential oral or written advice to Members, Ministers and Parliamentary Secretaries and former Members, Ministers and Parliamentary Secretaries on offers of post-separation employment;

(c) conducting education and training for Members, Ministers and Parliamentary Secretaries about integrity and ethical issues concerning the performance of their role as Members, Ministers or Parliamentary Secretaries;

(d) assisting the Parliamentary Ethics Committee in providing information and training sessions to Members on integrity and ethical issues;

(e) any other functions conferred on the Parliamentary Integrity Adviser by or under this Act or any other Act.

(2) Without limiting subsection (1)(a), advice under that subsection includes advice on—

(a) the application of legislation and guidelines adopted by the Parliament that are relevant to Members in their capacity as Members; and

(d) the application of legislation that is relevant to Members in their capacity as Ministers or Parliamentary Secretaries; and

(d) declarations of potential conflicts of interest.

(3) Without limiting subsection (1)(c), the Parliamentary Integrity Adviser must provide the following—

(a) training for new Members at the start of each Parliament;

(b) training for Members elected at a by‑election or appointed to fill a casual vacancy;

(d) training for new Ministers and Parliamentary Secretaries following their appointment;

(e) training on any changes to the obligations of Members, Ministers and Parliamentary Secretaries in relation to integrity and ethical issues.

(4) Any advice given by the Parliamentary Integrity Adviser must be consistent with all applicable legislation, codes of conduct, rules and guidelines adopted by the Parliament and the Government that are available to the Parliamentary Integrity Adviser.

(5) The Parliamentary Integrity Adviser must not give legal advice.

Independence of Parliamentary Integrity Adviser

88 Independence of Parliamentary Integrity Adviser

(1) The Parliamentary Integrity Adviser is an independent officer of the Parliament.

(2) The functions, immunities and obligations of the Parliamentary Integrity Adviser are as specified in this Act and other laws of the State.

(3) There are no implied functions, rights, immunities or obligations arising from the Parliamentary Integrity Adviser being an independent officer of the Parliament.

(4) The powers of the Parliament to act in relation to the Parliamentary Integrity Adviser are as specified in or applying under this Act, the Constitution Act 1975 and other laws of the State.

(5) There are no implied powers of the Parliament arising from the Parliamentary Integrity Adviser being an independent officer of the Parliament.

(6) Subject to this Act and other laws of the State, the Parliamentary Integrity Adviser has complete discretion in the performance of the Adviser's functions.

(7) In particular and without limiting subsection (6), the Parliamentary Integrity Adviser is not subject to the direction or control of the Minister in respect of the performance of the Adviser's functions.

Restriction on parliamentary referrals

89 Restriction on parliamentary referrals

A House, a committee of a House or a committee of the Parliament cannot—

(a) refer a matter to the Parliamentary Integrity Adviser; or

(b) require the Parliamentary Integrity Adviser to report on the conduct of a Member, Minister or Parliamentary Secretary or former Member, Minister or Parliamentary Secretary; or

Division 2—Appointment

Eligibility for appointment

90 Eligibility for appointment

(1) Subject to subsection (2), a person is eligible to be appointed as Parliamentary Integrity Adviser only if—

(a) the Minister considers that the person is of good character and high standing in the community; and

(b) the person has extensive or specialist knowledge, expertise or experience in one or more of the following fields—

(i) public sector governance or administration;

(ii) public sector ethics and integrity;

(iii) any other field the Minister considers relevant.

(2) Despite subsection (1), a person is not eligible to be appointed as Parliamentary Integrity Adviser if the person—

(a) is, or has been at any time in the last 5 years, a member of an Australian Parliament; or

(b) is, or has been at any time in the last 5 years, a Councillor of a Victorian Local Council; or

(d) is, or has been at any time in the last 5 years, a member of a registered political party; or

(e) is, or has been at any time in the last 5 years, registered on the register of lobbyists; or

(f) is an insolvent under administration.

Appointment

91 Appointment

(1) Subject to section 92, the Governor in Council, on the recommendation of the Minister, may appoint an eligible person as Parliamentary Integrity Adviser.

(2) The appointment may be on a full-time, part-time or sessional basis, on the terms and conditions determined by the Governor in Council.

(3) The Public Administration Act 2004 does not apply to the Parliamentary Integrity Adviser in respect of the office of Parliamentary Integrity Adviser.

Veto of proposed appointment

92 Veto of proposed appointment

(1) The Minister must not make a recommendation under section 91(1) unless—

(a) the Minister has submitted details of the proposed recommendation to the Parliamentary Ethics Committee; and

(b) either—

(i) within the time specified in subsection (2), the Parliamentary Ethics Committee has informed the Minister that it has decided not to veto the recommendation; or

(ii) the time specified in subsection (2) has elapsed and the Parliamentary Ethics Committee has not vetoed the recommendation.

(2) The Parliamentary Ethics Committee must make a decision under this section within 30 days after the Minister has submitted details of the proposed recommendation to the Committee.

(3) The Parliamentary Ethics Committee—

(a) may decide to veto or not to veto the proposed recommendation; and

(b) must notify the Minister in writing of its decision within the period specified in subsection (2).

(4) This section does not apply to the first Parliamentary Integrity Adviser.

See section 115 regarding the first Parliamentary Integrity Adviser.

Term of appointment and remuneration

93 Term of appointment and remuneration

(1) The Parliamentary Integrity Adviser—

(a) holds office for the period, not exceeding 5 years, specified in the instrument of appointment; and

(b) is eligible for reappointment once.

(2) The Parliamentary Integrity Adviser is entitled to the remuneration specified in the instrument of appointment.

(3) The Parliamentary Integrity Adviser's remuneration cannot be reduced during the Parliamentary Integrity Adviser's term of office unless the Parliamentary Integrity Adviser consents to the reduction.

Outside employment and activities

94 Outside employment and activities

The Parliamentary Integrity Adviser—

(a) if appointed on a full-time basis, must not engage in any employment, business or community activity outside the office of Parliamentary Integrity Adviser without the approval of—

(i) the Parliamentary Ethics Committee; and

(ii) the Minister; or

(b) if appointed on a part-time or sessional basis, must not engage in any employment, business or community activity outside the office of Parliamentary Integrity Adviser that may create an actual or perceived conflict of interest with the Parliamentary Integrity Adviser's role as Parliamentary Integrity Adviser.

Oath or affirmation of office

95 Oath or affirmation of office

(1) Before the Parliamentary Integrity Adviser or acting Parliamentary Integrity Adviser performs any functions of office, the Parliamentary Integrity Adviser or acting Parliamentary Integrity Adviser must take an oath or make an affirmation that they—

(a) will faithfully and impartially perform the functions of office of Parliamentary Integrity Adviser; and

(2) The oath or affirmation is to be administered by the Speaker of the Legislative Assembly.

Vacancy and resignation

96 Vacancy and resignation

The office of Parliamentary Integrity Adviser becomes vacant if the Parliamentary Integrity Adviser—

(a) resigns by writing delivered to the Governor in Council; or

(b) becomes an insolvent under administration; or

(c) is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d) nominates for election to an Australian Parliament or a Victorian Local Council or becomes a member of an Australian Parliament or a councillor of a Victorian Local Council; or

(e) becomes a member of a registered political party; or

(f) becomes registered on the register of lobbyists; or

(g) becomes a represented person within the meaning of the Guardianship and Administration Act 2019; or

(h) is removed from office under section 97.

Suspension and removal from office

97 Suspension and removal from office

(1) The Governor in Council may suspend the Parliamentary Integrity Adviser from office on any of the following grounds—

(a) misconduct;

(b) neglect of duty;

(d) any other ground on which the Governor in Council is satisfied that the Parliamentary Integrity Adviser is unfit to hold office.

(2) The Minister must—

(a) consult the Parliamentary Ethics Committee as to whether the Parliamentary Integrity Adviser should be removed; and

(b) cause to be transmitted to each House on or before the 7th sitting day of that House after the suspension—

(i) a full statement of the grounds of suspension; and

(ii) a statement of any advice or recommendations of the Parliamentary Ethics Committee as a result of the consultation under paragraph (a).

(3) The Governor in Council must remove the Parliamentary Integrity Adviser from office if each House, on or before the 7th sitting day of that House after the statements under subsection (2)(b) are transmitted to it, declares by resolution that the Parliamentary Integrity Adviser ought to be removed from office.

(4) The Governor in Council must remove the suspension and restore the Parliamentary Integrity Adviser to office unless each House makes a declaration of the kind specified in subsection (3) within the time specified in that subsection.

(5) The Parliamentary Integrity Adviser can only be removed from office in accordance with this section.

Acting appointments

98 Acting appointments

(1) The Governor in Council, on the recommendation of the Minister, may appoint an eligible person to act in the office of Parliamentary Integrity Adviser—

(a) if the Parliamentary Integrity Adviser is absent or, for any other reason, is unable to perform the duties of office; or

(b) during a vacancy in the office of the Parliamentary Integrity Adviser.

(2) Before making a recommendation under subsection (1), the Minister must consult the Parliamentary Ethics Committee.

(3) A person may be appointed under subsection (1) for a period not exceeding 6 months.

(4) A person may be reappointed under subsection (1) but not if—

(a) the person's total period of appointment would exceed 12 months; or

(b) the person's period of appointment in respect of each period referred to in subsection (1)(a) or each vacancy referred to in subsection (1)(b) would exceed 6 months.

(5) While a person is acting in the office of Parliamentary Integrity Adviser, the person—

(a) has and may perform all the functions of Parliamentary Integrity Adviser; and

(b) is entitled to be paid the remuneration specified in the person's instrument of appointment.

(6) The Governor in Council may at any time remove a person acting in the office of Parliamentary Integrity Adviser from office.

(7) A person acting in the office of Parliamentary Integrity Adviser may resign from the acting appointment in writing delivered to the Governor in Council.

eligible person means a person who is eligible under section 90 for appointment as a Parliamentary Integrity Adviser.

Division 3—Staffing and administration

Staff and other services

99 Staff and other services

The Parliamentary Integrity Adviser may enter into agreements or arrangements for the use of staff or other services of a Government department, department of the Parliament, statutory authority or other public body.

100

Consultants

100 Consultants

(1) The Parliamentary Integrity Adviser may engage persons with suitable qualifications and experience as consultants.

(2) An engagement under this section may be on any terms and conditions the Parliamentary Integrity Adviser considers appropriate.

Division 4—Record keeping, confidentiality and reporting

101

Record keeping

101 Record keeping

The Parliamentary Integrity Adviser—

(a) must keep a record of all written advice given to a Member, Minister or Parliamentary Secretary or former Member, Minister or Parliamentary Secretary; and

(b) may keep a record of—

(i) any oral advice given to a Member, Minister or Parliamentary Secretary or former Member, Minister or Parliamentary Secretary; and

(ii) any other activities of the Parliamentary Integrity Adviser.

102

Confidentiality

102 Confidentiality

(1) A person who is or was the Parliamentary Integrity Adviser or a PIA officer must not, other than in accordance with this section or section 103, disclose—

(a) any information received in the course of performing functions under this Act; or

(b) the content of—

(i) any advice given to a Member, Minister or Parliamentary Secretary or former Member, Minister or Parliamentary Secretary; or

(ii) any record kept under section 101.

(2) A person who is or was the Parliamentary Integrity Adviser or a PIA officer—

(a) may disclose information referred to in subsection (1)(a) with the consent of the person who provided the information; and

(b) may disclose the content of any advice or record referred to in subsection (1)(b) with the consent of the person to whom the advice was given.

(3) Without limiting subsection (1), a person who is or was the Parliamentary Integrity Adviser or a PIA officer must not comply with any order of a House for the production of records that relate to advice given to a Member, Minister or Parliamentary Secretary or former Member, Minister or Parliamentary Secretary unless—

(a) the advice was requested by a person who is a Member or former Member of the House that made the order; and

(b) the person referred to in paragraph (a) has expressly consented to the records being produced in response to the order.

103

Correction of misrepresentations

103 Correction of misrepresentations

(1) If the Parliamentary Integrity Adviser considers that any advice given to a Member, Minister or Parliamentary Secretary or former Member, Minister or Parliamentary Secretary has been publicly misrepresented, the Parliamentary Integrity Adviser may publicly release a statement to correct the misrepresentation.

(2) In a statement publicly released under subsection (1), the Parliamentary Integrity Adviser must not include the content of the advice without the consent of the person to whom the advice was given.

(3) Despite the failure of the person to whom the advice was given to consent under subsection (2), the Parliamentary Integrity Adviser may disclose the content of the advice to the Privileges Committee of the House of which the person is or was a Member if that Committee requests the information in connection with any inquiry in relation to that person.

104

Reporting advice to Parliament

104 Reporting advice to Parliament

A Member, Minister or Parliamentary Secretary may cause to be transmitted to the House of which they are a Member any written advice given by the Parliamentary Integrity Adviser—

(a) to that Member, Minister or Parliamentary Secretary; or

(b) to a former Member, Minister or Parliamentary Secretary who was a Member of that House.

105

Annual report

105 Annual report

S. 105(1AA) inserted by No. 11/2026 s. 159(1).

(1AA) As soon as practicable after the end of each financial year, the Parliamentary Integrity Adviser must cause to be prepared a report of the operation and performance of the Parliamentary Integrity Adviser's office during that financial year.

S. 105(1) amended by No. 11/2026 s. 159(2).

(1) The Parliamentary Integrity Adviser must include the following information in the report of operations for a financial year—

(a) a summary of the performance of functions under section 87(1)(a) and (b) in the financial year;

(b) the number of persons who requested confidential written advice from the Parliamentary Integrity Adviser in the financial year;

(d) the number of training sessions provided in the financial year;

(e) the number of Members, Ministers and Parliamentary Secretaries who attended each training session;

(f) a brief description of the content of training sessions and other training provided by the Parliamentary Integrity Adviser and members of staff of the Parliamentary Integrity Adviser in the financial year;

(g) any other prescribed information.

(2) The Parliamentary Integrity Adviser must not include in a report of operations any information that discloses the identity of a person who has requested confidential advice from the Parliamentary Integrity Adviser.

(3) As soon as practicable after the end of each financial year, the Parliamentary Integrity Adviser must cause the report of operations for that financial year to be transmitted to each House.

Part 5—General

Division 1—Offences and proceedings

106 Offence to hinder or obstruct commissioners or Commission officers

A person must not, without reasonable excuse, hinder or obstruct a commissioner or Commission officer who is performing a function under Part 2.

107

Offence to provide false or misleading information

107 Offence to provide false or misleading information

A person must not provide information to the Commission, a commissioner or a Commission officer, in the course of the Commission, commissioner or Commission officer performing functions under this Act, that the person knows is false or misleading in any material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

108

Offence to take or threaten detrimental action

108 Offence to take or threaten detrimental action

(1) A person (person A) must not take or threaten to take detrimental action against another person (person B) because—

(a) person B has given, or intends to give, information (including making a referral) to the Commission; or

(b) person A believes that person B has given, or intends to give, information (including making a referral) to the Commission.

(2) Subsection (1) does not apply—

(a) if the reason referred to in subsection (1)(a) or (b) was not a substantial reason for the detrimental action; or

(b) if person A takes or threatens to take detrimental action against person B because person B unlawfully gave information to the Commission.

(3) A person does not commit an offence against subsection (1) in respect of conduct that constitutes an offence against section 43 of the Public Interest Disclosures Act 2012.

Section 43 of the Public Interest Disclosures Act 2012 creates an offence in relation to detrimental action in reprisal for public interest disclosures.

detrimental action includes—

(a) action causing injury, loss or damage; and

(b) intimidation or harassment; and

(c) discrimination, disadvantage or adverse treatment in relation to a person's employment, career, profession, trade or business, including the taking of disciplinary action.

109

Power to bring proceedings

109 Power to bring proceedings

Proceedings for an offence under this Act may be brought by—

(a) the Commission; or

(b) a member of staff of the Commission authorised by the Commission; or

Division 2—General

110

Notice requirements do not apply in respect of anonymous referrals

110 Notice requirements do not apply in respect of anonymous referrals

A provision of this Act or any other Act requiring an entity to notify, advise or otherwise communicate with a person or body that has made a referral under section 8 does not apply if the person or body made the referral anonymously.

See section 12A of the Public Interest Disclosures Act 2012 in relation to anonymous public interest disclosures.

111

Service requirements for certain requests and notices

111 Service requirements for certain requests and notices

(1) This section applies in respect of the following documents—

(a) an investigation request;

(b) a notice withdrawing an investigation request;

(d) a notice cancelling a confidentiality notice.

(2) A document referred to in subsection (1) must be served on an individual by—

(a) giving a copy of the document to the individual personally; or

(b) sending a copy of the document by registered post addressed to the individual at the individual's last known place of residence or business; or

(c) delivering a copy of the document to the individual by means of electronic communication that is confirmed as having been received by the individual; or

(d) giving a copy of the document to the individual's legal representative personally; or

(e) sending a copy of the document by registered post addressed to the individual's legal representative at the legal representative's place of business; or

(f) delivering a copy of the document to the individual's legal representative by means of electronic communication that is confirmed as having been received by the legal representative; or

(g) leaving a copy of the document for the individual—

(i) at the place of business of the individual's legal representative; and

(ii) with an individual who apparently works there and who is apparently not less than 18 years of age.

(3) A document referred to in subsection (1) must be served on a body corporate by—

(a) leaving a copy of the document at the registered office or principal place of business of the body corporate with an individual who apparently works there and who is apparently not less than 18 years of age; or

(b) sending a copy of the document by registered post addressed to the body corporate at the registered office or principal place of business of the body corporate; or

(c) delivering a copy of the document to the body corporate by means of electronic communication that is confirmed as having been received by the body corporate.

(4) For the purposes of subsection (2)(a) and (d), a copy of a document may be served personally by placing it on a surface in the presence of the individual or their legal representative (as the case requires).

(5) For the purposes of subsections (2)(c) and (f) and (3)(c), the receipt of a document may be confirmed by any means of electronic communication.

(6) Subsection (3) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.

112

Transmission of reports and other documents to Parliament

112 Transmission of reports and other documents to Parliament

(1) If a report or other document is transmitted to a House under this Act, the clerk of the House must cause the report or document to be laid before the House—

(a) on the day on which it is received; or

(b) on the next sitting day of the House.

(2) If a person or body proposes to transmit a report or other document to a House under this Act on a day on which the House is not actually sitting, they must—

(a) give one business day's notice of their intention to do so to the clerk of the House; and

(b) give the report or document to the clerk on the day indicated in the notice.

(3) If the clerk of a House receives a notice under subsection (2)(a), on the same day the clerk must notify each Member of the House of the receipt of the notice.

(4) If the clerk of a House receives a report or other document under subsection (2)(b), the clerk must—

(a) notify each Member of the House as soon as practicable of the receipt of the report or document; and

(b) ensure that a copy of the report or document is available to each Member on request; and

(5) A report or document given to the clerk of a House under subsection (2)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament.

113

Review of Act

113 Review of Act

(1) The Minister must cause an independent review of the operation of this Act and the amendments made by this Act to be conducted.

(2) The review—

(a) must begin on, or as soon as practicable after, the second anniversary of the commencement of section 42; and

(b) must be completed within 12 months after it is begun.

(3) The Minister must cause a copy of a report of the review to be transmitted to each House within 6 months after the completion of the review.

114

Regulations

114 Regulations

(1) Subject to subsection (2), the Governor in Council, on the recommendation of the Minister, may make regulations prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The Minister must consult the Commission before making a recommendation under subsection (1).

(3) The regulations may—

(a) be of general or limited application; and

(b) differ according to differences in time, place or circumstances.

115

Transitional provision—first Parliamentary Integrity Adviser

115 Transitional provision—first Parliamentary Integrity Adviser

(1) The person who, immediately before the commencement day, held the position of Parliamentary Integrity Adviser established by the joint resolutions becomes the Parliamentary Integrity Adviser under this Act as if that person had been appointed on the commencement day under section 91.

(2) The person referred to in subsection (1) holds office as Parliamentary Integrity Adviser under this Act—

(a) for the remainder of their term of appointment by the Legislative Assembly and the Legislative Council; and

(b) on the same terms and conditions as that appointment.

(3) On and after the commencement day, all records held by the person referred to in subsection (1) in respect of their position as Parliamentary Integrity Adviser under the joint resolutions are taken to be records held by the person as Parliamentary Integrity Adviser under this Act.

commencement day means the day on which section 86 comes into operation;

joint resolutions means—

(a) the resolution passed by the Legislative Council on 30 April 2019 establishing the position of Parliamentary Integrity Adviser; and

(b) the resolution passed by the Legislative Assembly on 1 May 2019 establishing the position of Parliamentary Integrity Adviser.

Pt 5A (Heading and s. 115A) inserted by No. 11/2026 s. 160.

Part 5A

Savings and transitional provisions

Part 5A—Savings and transitional provisions

S. 115A inserted by No. 11/2026 s. 160.

115A

Entities Legislation Amendment (Consolidation and Other Matters) Act 2026

115A Entities Legislation Amendment (Consolidation and Other Matters) Act 2026

(1) Section 86, as amended by section 158 of the Entities Legislation Amendment (Consolidation and Other Matters) Act 2026, applies, and is taken always to have applied, from 31 December 2024.

(2) Section 105, as amended by section 159 of the Entitles Legislation Amendment (Consolidation and Other Matters) Act 2026, applies, and is taken always to have applied, from 31 December 2024.

(3) To avoid doubt, the Parliamentary Integrity Adviser is not required to submit an annual report of operations of the Parliamentary Integrity Adviser's office under Part 7 of the Financial Management Act 1994 for the financial year commencing on 1 July 2024.

Part 6—Amendment of Acts

Division 1—Independent Broad-based Anti‑corruption Commission Act 2011

116 Definitions

In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011—

"Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;";

(b) in the definition of integrity body, after paragraph (c) insert—

"(d) the Parliamentary Workplace Standards and Integrity Commission;".

117

Disclosure subject to confidentiality notice

117 Disclosure subject to confidentiality notice

In section 44(8) of the Independent Broad-based Anti-corruption Commission Act 2011, in the definition of relevant Act—

(a) in paragraph (j), after "1982;" insert "or";

(b) after paragraph (j) insert—

"(k) the Parliamentary Workplace Standards and Integrity Act 2024;".

118

Referral of public interest complaints to other investigating entities

118 Referral of public interest complaints to other investigating entities

In section 73A of the Independent Broad-based Anti-corruption Commission Act 2011—

(a) after subsection (1)(b) insert—

"(ba) the Parliamentary Workplace Standards and Integrity Commission.";

(b) in subsection (2), after "(1)(b)" insert ", (ba)".

Division 2—Judicial Commission of Victoria Act 2016

119

Definitions

119 Definitions

In section 3(1) of the Judicial Commission of Victoria Act 2016 insert the following definition—

"Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;".

S. 120 amended by No. 27/2024 s. 188(Sch. 3 item 2.12).

More sections below

Source text: opening excerpt

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

1 Parliamentary Workplace Standards and Integrity Act 2024

Version No. 003

Parliamentary Workplace Standards and Integrity Act 2024

No. 27 of 2024

Version incorporating amendments as at
1 April 2026

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

4 Object 13

5 Act binds the Crown 13

6 Extraterritorial operation 13

7 Parliamentary privilege preserved 13

Part 2—Referrals to the Commission 14

Division 1—Making referrals 14

8 Referral of parliamentary misconduct 14

9 Withdrawal of referral 15

10 Request for further information about referral 15

11 Circumstances for dismissal or redirection of referral 16

12 Notification of referral 18

13 Deferral of action 19

14 Redirection of referral to appropriate entity 20

Division 2—Dealing with referrals 21

15 Requirement to deal with referral expeditiously 21

16 Determination for appropriate dispute resolution 21

17 Participation in appropriate dispute resolution 23

18 Protection of disclosure in appropriate dispute resolution 24

19 Outcome of appropriate dispute resolution 25

20 Report on outcome of appropriate dispute resolution 26

21 Investigation of referral 27

22 Request for information relating to investigation 27

23 Return of documents etc. provided 29

24 Request to attend for interview 29

25 Withdrawal or variation of investigation request 31

26 Determination of reasonable excuse 32

27 Failure to comply with investigation request 33

28 Investigative report for referral 33

29 Recommendation of sanctions 36

30 Imposition of sanctions 38

31 Presentation of investigative report or summary report to Parliament—Privileges Committee 39

32 Presentation of investigative report or summary report to Parliament—Premier 42

32A Non-compliance with sanctions imposed by Commission 43