38AExternal disclosures

38A External disclosures

(1) An external disclosure is a public interest disclosure made to a person or body who is not an entity to whom a public interest disclosure may be made under Division 2 of Part 2.

(2) Subject to subsection (3), an external disclosure is made in accordance with this section if—

(a) the person making the external disclosure has previously made a public interest disclosure in accordance with Division 2 of Part 2 (the original disclosure) and the original disclosure was not made anonymously; and

(b) the original disclosure was determined under Division 2 of Part 3 to be a public interest complaint and the person has been notified of that determination; and

(c) the subject matter of the external disclosure is substantially the same as the subject matter of the original disclosure; and

(d) either subsection (3) or (4) applies.

(3) This subsection applies if—

(a) the person has not been notified by the investigating entity about any action taken in relation to the original disclosure within 6 months after being notified that the original disclosure has been determined to be a public interest complaint; and

(b) the person has requested advice on the progress of the public interest complaint from the investigating entity and has not received a response within 30 days after that request.

(4) This subsection applies if—

(a) an investigation of the public interest complaint has not been completed within 12 months after the person was notified that the original disclosure has been determined to be a public interest complaint; and

(b) the person has requested advice on the progress of the public interest complaint from the investigating entity; and

(c) either—

(i) the person has not received a response within 30 days after the request; or

(ii) the person received a response within 30 days after the request advising that the investigation is still ongoing but has not been advised that the investigation has been completed within 6 months after that response.

(5) An external disclosure is not a disclosure made in accordance with this section if it contains information that—

(a) may prejudice a criminal investigation, criminal proceeding or other legal proceeding of which the person making the external disclosure is aware; or

(b) is likely to lead to the disclosure of any investigative method used by the IBAC or members of Victoria Police personnel.

Despite being taken to be a public interest disclosure for the purposes of this Part, the confidentiality provisions of Part 7 do not apply to an external disclosure made in accordance with this section.