(1) This clause applies if a public body, other than the Chief Commissioner of Police, has commenced but not completed the investigation of a disclosed matter under the WPA before the commencement day.
(2) Despite the repeal of the WPA, on and after the commencement day, the public body must—
(a) complete the investigation of the disclosure under the WPA; and
(b) without limiting paragraph (a)—
(i) provide information to the Ombudsman about the progress of the investigation in accordance with section 80 of the WPA; and
(ii) report to the Ombudsman on the completion of the investigation in accordance with section 82 of the WPA; and
(iii) have regard to the procedures established by the public body under section 68 of the WPA and the guidelines prepared and established by the Ombudsman under section 69 of the WPA.
26 Investigation by public body taken over by the Ombudsman
(1) This clause applies if the Ombudsman—
(a) has taken over an investigation by a public body, other than the Chief Commissioner of Police, under section 75 of the WPA before the commencement day; and
(b) has not completed that investigation before that day.
(2) Despite the repeal of the WPA, on and after the commencement day, the Ombudsman must deal with the disclosed matter in accordance with that Act.
27 Disclosure made to a Presiding Officer
(1) This clause applies if a disclosure has been made to a Presiding Officer in accordance with Part 2 of the WPA but has not been referred under section 96 of that Act to the Ombudsman before the commencement day.
(2) On and after the commencement day—
(a) the Presiding Officer may notify the disclosure to the IBAC; and
(b) if the disclosure is notified to the IBAC, the disclosure is taken to be an assessable disclosure and must be dealt with by the IBAC in accordance with this Act.
28 Disclosure referred by a Presiding Officer to the Ombudsman
(1) This clause applies if a disclosure has been referred to the Ombudsman by a Presiding Officer before the commencement day.
(2) Despite the repeal of the WPA, on and after the commencement day, the Ombudsman must deal with the disclosed matter in accordance with that Act.
29 Disclosure made after the commencement day
(1) Subclause (2) applies if—
(a) a disclosure is made at any time no later than 6 months after the commencement day; and
Section 25 - Public Interest Disclosures Act 2012 - Investigation by public body | Zoe
(b) had the disclosure been made before the commencement day, it would be a disclosure made in accordance with Part 2 of the WPA; and
(c) the disclosure is not an assessable disclosure.
(2) Despite anything to the contrary in this Act, on and after the commencement day—
(a) if the disclosure is made to a Presiding Officer, the Presiding Officer may notify the disclosure to the IBAC;
(b) in any other case, the entity to which the disclosure is made must notify the disclosure to the IBAC no later than 28 days after the disclosure is made.
(3) A disclosure notified to the IBAC under subclause (2) is taken to be an assessable disclosure and must be dealt with by the IBAC in accordance with this Act.
30 Exemptions from Freedom of Information Act 1982
Despite the repeal of the WPA, section 109 of that Act continues to apply to any document specified in that section.
Sch. 1 cl. 31 amended by No. 82/2012 s. 316(g).
31 Reference to Director's functions in annual report of the IBAC
On and after the commencement day, a reference in section 165 of the Independent Broad-based Anti-corruption Commission Act 2011 to the performance of the IBAC's duties and functions is to be read as including a reference to the performance by the IBAC of any duties and functions under the WPA pursuant to this Schedule during the financial year to which the annual report relates.
32 Investigations by the Special Investigations Monitor
(1) This clause applies if, before the commencement day, the Special Investigations Monitor has received a complaint under section 105E of the WPA and either has not commenced or has not completed an investigation of the complaint.
Sch. 1 cl. 32(2) amended by Nos 82/2012 s. 316(h), 31/2024 s. 113(Sch. 1 item 28.52(a)).
(2) On or after the commencement day, the complaint is taken to be a complaint made to Integrity Oversight Victoria under section 43 of the Integrity Oversight Victoria Act 2011 and must be dealt with in accordance with that Act.
Sch. 1 cl. 32(3) amended by No. 31/2024 s. 113(Sch. 1 item 28.52(a)).
(3) Subject to clause 8 of the Schedule to the Integrity Oversight Victoria Act 2011, Integrity Oversight Victoria may, in any investigation of the complaint under that Act, use or rely on any evidence given or document or other thing produced in relation to the complaint before the commencement day.
Sch. 1 cl. 33 amended by No. 31/2024 s. 113(Sch. 1 item 28.52(b)).
33 Complaint regarding examination under the WPA
A complaint that could be made to the Special Investigations Monitor in accordance with section 105E of the WPA had that Act not been repealed may, on and after the commencement day, be made to Integrity Oversight Victoria.
Under section 105E of the WPA a person who has attended the Director in the course of an investigation under the WPA may make a complaint within 3 days after the person was excused from attendance. Consequently, this clause would only apply to a complaint in relation to an attendance occurring 3 days or less before the repeal of the WPA.
Sch. 1 cl. 34 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 28.52(c)).
34 Actions taken by Integrity Oversight Victoria under clause 32 or 33
For the purposes of clause 32 and 33—
Sch. 1 cl. 34(a) amended by Nos 82/2012 s. 316(i), 31/2024 s. 113(Sch. 1 item 28.52(d)).
(a) section 47 of the Integrity Oversight Victoria Act 2011 (except subsection (1)(a)) applies as if—
(i) a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause; and
(ii) a reference to IBAC's operations or the conduct of IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;
Sch. 1 cl. 34(b) amended by Nos 82/2012 s. 316(j), 31/2024 s. 113(Sch. 1 item 28.52(d)).
(b) section 48(1) of the Integrity Oversight Victoria Act 2011 applies as if a reference to an investigation in relation to the IBAC or IBAC personnel under Part 3 were a reference to an investigation under this clause;
Sch. 1 cl. 34(c) amended by No. 31/2024 s. 113(Sch. 1 item 28.52(d)).
(c) Division 2 of Part 3 of the Integrity Oversight Victoria Act 2011 applies as if a reference to an inquiry in relation to the IBAC or IBAC personnel were a reference to an inquiry for the purposes of an investigation under this clause;
Sch. 1 cl. 34(d) amended by No. 31/2024 s. 113(Sch. 1 item 28.52(d)).
(d) Divisions 3 and 4 of Part 3 of the Integrity Oversight Victoria Act 2011 apply;
Sch. 1 cl. 34(e) amended by Nos 82/2012 s. 316(k), 31/2024 s. 113(Sch. 1 item 28.52(d)).
(e) section 78 of the Integrity Oversight Victoria Act 2011 applies as if a reference to the conduct of the IBAC or IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;
Sch. 1 cl. 34(f) amended by Nos 82/2012 s. 316(l), 31/2024 s. 113(Sch. 1 item 28.52(d)).
(f) section 79(3) of the Integrity Oversight Victoria Act 2011 applies as if a reference to conduct of any IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation;
Sch. 1 cl. 34(g) amended by Nos 82/2012 s. 316(m), 31/2024 s. 113(Sch. 1 item 28.52(d)).
(g) sections 87 and 88 of the Integrity Oversight Victoria Act 2011 apply;
Sch. 1 cl. 34(h) amended by Nos 82/2012 s. 316(n), 31/2024 s. 113(Sch. 1 item 28.52(d)).
(h) section 89(1) (except paragraph (b)) of the Integrity Oversight Victoria Act 2011 applies as if a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause;
Sch. 1 cl. 34(i) amended by Nos 82/2012 s. 316(o), 31/2024 s. 113(Sch. 1 item 28.52(d)).
(i) section 90 of the Integrity Oversight Victoria Act 2011 applies.
Sch. 1 cl. 35 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 28.52(e)).
35 Reports to Integrity Oversight Victoria
Sch. 1 cl. 35(1) amended by No. 82/2012 s. 316(p).
(1) Section 122 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to a summons issued by the Director under section 17 of the Evidence (Miscellaneous Provisions) Act 1958 unless the Director has given a written report on the summons to the SIM under section 105B of the WPA before the commencement day.
Sch. 1 cl. 35(2) amended by No. 82/2012 s. 316(q).
(2) Section 142 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to a warrant to arrest a person issued under section 61K(2) of the WPA unless the Director has given a written report on the warrant to the SIM under section 105C of the WPA before the commencement day.
Sch. 1 cl. 35(3) amended by No. 82/2012 s. 316(r).
(3) Section 134 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to the video‑recording, made under section 61BA of the WPA, and any transcript of an attendance by a person in the course of an investigation by the Director under the WPA or in compliance with a summons under section 17 of the Evidence (Miscellaneous Provisions) Act 1958 unless the Director has given a written report on and a copy video‑recording and any transcript of the attendance to the SIM under section 105D of the WPA before the commencement day.
Sch. 1 cl. 35(4) amended by Nos 82/2012 s. 316(s), 31/2024 s. 113(Sch. 1 item 28.52(f)).
(4) On and from the commencement day, the IBAC must comply with a requirement of Integrity Oversight Victoria under section 40 of the Integrity Oversight Victoria Act 2011 in relation to an attendance referred to in subclause (3) occurring before the commencement day as if that attendance were an examination of a person by the IBAC unless the Director has given a written report on and a copy video recording and any transcript of the attendance to the SIM under section 105D of the WPA before the commencement day.
36 Annual report of Victorian Inspectorate
Sch. 1 cl. 36(1) amended by No. 82/2012 s. 316(t).
(1) For the purposes of the first annual report of the Victorian Inspectorate under Part 7 of the Financial Management Act 1994, a reference in section 91(1)(b) of the Victorian Inspectorate Act 2011 to activities in relation to the performance of the Victorian Inspectorate's duties and functions includes a reference to activities in relation to the performance of the SIM's duties and functions under the WPA during the financial year to which that report relates.
(2) If, before the commencement day, the SIM had not prepared any report required by section 105L(1) of the WPA for the financial year ending before the commencement day, the Victorian Inspectorate must prepare that report.
(3) If, before the commencement day, the SIM had prepared any report required by section 105L(1) of the WPA for the financial year ending before the commencement day but that report has not been laid before each House of the Parliament under section 105L of the WPA, the Victorian Inspectorate must cause that report to be laid before each House of the Parliament in accordance with the applicable requirements of section 105L of the WPA as in force immediately before its repeal.
(4) For the purposes of subclause (2) or (3)—
(a) if the report relates to a whole financial year completed before the repeal of the WPA, the Victorian Inspectorate may prepare a report referred to in those subclauses as a separate report and cause the report to be laid before each House of the Parliament in accordance with section 105L of the WPA as in force immediately before its repeal; or
Sch. 1 cl. 36(4)(b) amended by No. 82/2012 s. 316(u).
(b) if the report relates to a partial financial year completed before the repeal of the WPA, the Victorian Inspectorate may prepare a report referred to in those subclauses as part of its own annual report under section 91 of the Victorian Inspectorate Act 2011.
Sch. 2 inserted by No. 2/2019 s. 48, amended by Nos 9/2020 s. 390(Sch. 1 item 84.5), 50/2021 s. 141, 31/2023 s. 55, 31/2024 s. 113(Sch. 1 item 28.53).
Schedule 2—Persons permitted to receive public interest disclosure on behalf of entity
Section 12(5)
Table
Column 1<br>Receiving entity
Column 2<br>Permitted person
1
The IBAC
An IBAC Officer
2
The Ombudsman
An Ombudsman officer
3
Integrity Oversight Victoria
An Integrity Oversight Victoria Officer
4
Victoria Police
A member of Victoria Police personnel with a rank, including an acting rank, of sergeant or above; or<br>in the case of a disclosure made by a person who is a member of Victoria Police personnel—a direct or indirect manager or supervisor of that person
5
A public service body
The Head of the public service body within the meaning of the Public Administration Act 2004; or<br>a person identified as a person who may receive disclosures in the procedures<br>established by the public service body under section 58; or<br>in the case of a disclosure made by a person who is a member, officer or employee of the public service body—a direct or indirect manager or supervisor of that person
6
A Council
The Chief Executive Officer of the Council within the meaning of the Local Government Act 2020; or<br>a person identified as a person who may receive disclosures in the procedures established by the Council under section 58; or<br>in the case of a disclosure made by a person who is a member, officer or employee of the Council—a direct or indirect manager or supervisor of that person
7
The Judicial Commission of Victoria
The Director of the Judicial Commission of Victoria
8
The Integrity and Oversight Committee
A member of the Integrity and Oversight Committee
* * * * *
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 14 November 2012
Legislative Council: 29 November 2012
The long title for the Bill for this Act was "A Bill for an Act to encourage and facilitate disclosures of improper conduct by public officers, public bodies and other persons or of detrimental action taken in reprisal for a disclosure, to provide protection for persons who make those disclosures and to provide for the confidentiality of the content of those disclosures and the identity of persons who make those disclosures, to make related amendments to other Acts, to repeal the Whistleblowers Protection Act 2001 and for other purposes."
The Protected Disclosure Act 2012 was assented to on 18 December 2012 and came into operation on 10 February 2013: Special Gazette (No. 32) 6 February 2013 page 2.
The title of this Act was changed from the Protected Disclosure Act 2012 to the Public Interest DisclosuresAct 2012 by section 4 of the Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Public Interest Disclosures Act 2012 by Acts and subordinate instruments.
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
| Assent Date: | 18.12.12 |
| Commencement Date: | Ss 315, 316 on 11.2.13: s. 2(5) |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
Protected Disclosure Act 2012, No. 85/2012
| Assent Date: | 18.12.12 |
| Commencement Date: | S. 174 on 10.2.14: s. 174; s. 80(4) on 10.2.15: s. 80(4) |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
| Assent Date: | 26.2.13 |
| Commencement Date: | S. 64 on 17.4.13: Special Gazette (No. 141) 16.4.13 p. 1 |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
| Assent Date: | 6.11.13 |
| Commencement Date: | S. 95 on 1.2.14: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
Legal Profession Uniform Law Application Act 2014, No. 17/2014
| Assent Date: | 25.3.14 |
| Commencement Date: | S. 160(Sch. 2 item 77) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
| Assent Date: | 3.6.14 |
| Commencement Date: | S. 10(Sch. item 134) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
Privacy and Data Protection Act 2014, No. 60/2014
| Assent Date: | 2.9.14 |
| Commencement Date: | S. 140(Sch. 3 item 37) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
Inquiries Act 2014, No. 67/2014
| Assent Date: | 23.9.14 |
| Commencement Date: | S. 147(Sch. 2 item 29) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
Judicial Commission of Victoria Act 2016, No. 16/2016
| Assent Date: | 19.4.16 |
| Commencement Date: | Ss 167–176 on 1.7.17: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
Health Complaints Act 2016, No. 22/2016
| Assent Date: | 3.5.16 |
| Commencement Date: | S. 241 on 1.2.17: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016
| Assent Date: | 31.5.16 |
| Commencement Date: | Ss 84, 85 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1 |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017
| Assent Date: | 16.5.17 |
| Commencement Date: | S. 134(Sch. 1 item 14) on 1.9.17: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
Oaths and Affirmations Act 2018, No. 6/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 102) on 1.3.19: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019
| Assent Date: | 5.3.19 |
| Commencement Date: | Ss 4–48 on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1 |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019
| Assent Date: | 13.3.19 |
| Commencement Date: | S. 37 on 1.7.19: Special Gazette (No. 215) 4.6.19 p. 1 |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
| Assent Date: | 19.3.19 |
| Commencement Date: | S. 83 on 20.3.19: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Public Interest DisclosuresAct 2012 |
Local Government Act 2020, No. 9/2020
| Assent Date: | 24.3.20 |
| Commencement Date: | S. 390(Sch. 1 item 84) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |
| Current State: | This information relates only to the provision/s amending the Public Interest Disclosures Act 2012 |
Special Investigator Act 2021, No. 50/2021
| Assent Date: | 30.11.21 |
| Commencement Date: | Ss 136–141 on 1.12.21: s. 2 |
| Current State: | This information relates only to the provision/s amending the Public Interest Disclosures Act 2012 |
Special Investigator Repeal Act 2023, No. 31/2023
| Assent Date: | 8.11.23 |
| Commencement Date: | Ss 50–55 on 2.2.24: Special Gazette (No. 687) 19.12.23 p. 1 |
| Current State: | This information relates only to the provision/s amending the Public Interest Disclosures Act 2012 |
Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024
| Assent Date: | 20.8.24 |
| Commencement Date: | Ss 148–158 on 31.12.24: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Public Interest Disclosures Act 2012 |
Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024
| Assent Date: | 10.9.24 |
| Commencement Date: | Ss 62–65 on 11.9.24: s. 2(1); s. 113(Sch. 1 item 28) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |
| Current State: | This information relates only to the provision/s amending the Public Interest Disclosures Act 2012 |
S. 3 def. of assessable disclosure: The amendment proposed by section 113(Schedule 1 item 28.1(b)) of the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024 has been only partially applied due to the earlier repeal of paragraph (b) of the definition of assessable disclosure by section 148(b) of the Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024.
Section 113(Schedule 1 item 28.1(b)) reads as follows:
28 Public Interest Disclosures Act 2012
28.1 In section 3—
(b) in the definition of assessable disclosure, in paragraphs (a), (b), (c) and (e), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria"; ↑
S. 25 (repealed): The amendment proposed by section 113(Schedule 1 item 28.10) of the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024 is not included in this publication due to the earlier repeal of section 25 by section 155 of the Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024.
Section 113(Schedule 1 item 28.10) reads as follows:
28 Public Interest Disclosures Act 2012
28.10 In section 25(2), for "the Victorian Inspectorate" substitute "Integrity Oversight Victoria". ↑