38Disclosures to which this Part applies

38 Disclosures to which this Part applies

(1) This Part applies to the following disclosures—

(a) a public interest disclosure made in accordance with Division 2 of Part 2;

(b) a misdirected disclosure;

(c) a complaint by a police officer or a protective services officer about the conduct of another police officer or protective services officer made in accordance with section 167(3) of the Victoria Police Act 2013;

(d) an external disclosure made in accordance with section 38A.

(2) A reference in this Part (other than a reference in this section or section 38A) to a public interest disclosure is taken to be a reference to a disclosure to which this Part applies.

(3) This Part applies to a public interest disclosure made in accordance with Division 2 of Part 2 or a misdirected disclosure from the time the disclosure is made—

S. 38(3)(a) amended by No. 31/2024 s. 113(Sch. 1 item 28.28).

(a) whether or not the entity to which the disclosure was made has notified the disclosure to the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee; and

S. 38(3)(b) amended by No. 31/2024 s. 113(Sch. 1 item 28.28).

(b) whether or not the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee has determined that the disclosure is a public interest complaint.

(4) This Part applies to a complaint referred to in subsection (1)(c) from the time the complaint is made—

(a) whether or not the complaint is investigated by the Chief Commissioner of Police; and

(b) whether or not the Chief Commissioner of Police has notified the complaint to the IBAC under section 22; and

(c) whether or not the IBAC has determined that the complaint is a public interest complaint.

(5) Any further information relating to a public interest disclosure provided by the person who made the disclosure is to be treated as if it were a public interest disclosure.

(6) Subsection (5) applies only to further information provided, whether orally or in writing, to—

(a) in the case of a public interest disclosure made in accordance with Division 2 of Part 2—the entity to which the disclosure was made; or

S. 38(6)(c) amended by No. 31/2024 s. 113(Sch. 1 item 28.28).

(c) Integrity Oversight Victoria; or

(d) the Integrity and Oversight Committee; or

(e) an investigating entity that is investigating the disclosure; or

S. 38(6)(f) amended by No. 27/2024 s. 156(a).

(f) a person engaged by the Integrity and Oversight Committee under Part 4A to investigate a public interest disclosure;