77Confidentiality 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

(c) a member of Ombudsman staff within the meaning of the Ombudsman Act 1973; 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

(c) include a copy of the provisions of sections 78 and 79 and an explanation of the effect of those provisions; 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 relating to confidentiality may apply to the person; and