12Notification 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

(c) is likely to prejudice—

(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.