24Advice to person making disclosure

24 Advice to person making disclosure

S. 24(1)(a) amended by No. 27/2024 s. 154(2).

(a) a public interest disclosure referred to in section 21(1)(a) is made to an entity; or

(b) a police complaint disclosure is made or referred to the Chief Commissioner of Police.

S. 24(2) amended by No. 31/2024 s. 113(Sch. 1 item 28.9).

(2) If the disclosure is notified under section 21(2) or 22(2), the entity or the Chief Commissioner (the receiving entity) must advise the person who made the disclosure that the disclosure has been notified to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee (as the case may be) for assessment under this Act.

(3) Subject to subsection (5), if the disclosure is not notified under section 21(2) or 22(2), the receiving entity must advise the person who made the disclosure that—

S. 24(3)(a) substituted by No. 31/2024 s. 64.

(a) the receiving entity considers that—

(i) the disclosure does not show or tend to show—

(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; or

(ii) the person who made the disclosure does not believe on reasonable grounds that it shows or tends to show—

(B) a public officer or public body has taken, is taking or proposes to take detrimental action against a person in contravention of section 45; and

(b) consequently, the disclosure has not been notified for assessment under this Act; but

(c) the protections under Part 6 apply to the disclosure.

(4) Advice given under subsection (2) or (3) must be—

(b) given no later than 28 days after the disclosure is made to the receiving entity.

(5) A receiving entity is not required to advise the person under subsection (3) unless the person has indicated to the receiving entity, or it otherwise appears to the receiving entity, that the person wishes to receive the protections that apply to a public interest disclosure under this Act.

S. 25 substituted by No. 2/2019 s. 9, repealed by No. 27/2024 s. 155.[2]

Division 2—Determination of whether disclosure is a public interest complaint

S. 26 substituted by No. 2/2019 s. 9.