Racing (Public Interest Disclosures) Regulations 2019
S.R. No. 147/2019
Version as at
1 January 2020
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provisions 1
3 Commencement 1
4 Confidentiality notice 1
Schedule 1—Form of confidentiality notice 2
═════════════
Endnotes 8
1 General information 8
2 Table of Amendments 10
3 Amendments Not in Operation 11
4 Explanatory details 12
Version No.001
Racing (Public Interest Disclosures) Regulations 2019
S.R. No. 147/2019
Version as at
1 January 2020
1 Objective
The objective of these Regulations is to prescribe the form of a confidentiality notice for the purposes of section 37T of the Racing Act 1958.
2 Authorising provisions
These Regulations are made under sections 37T(2)(a) and 68(1)(d) of the Racing Act 1958.
3 Commencement
These Regulations come into operation on 1 January 2020.
4 Confidentiality notice
For the purposes of section 37T(2)(a) of the Racing Act 1958, the prescribed form is set out in Schedule 1.
Schedule 1—Form of confidentiality notice
Regulation 4
Racing Act 1958
Confidentiality Notice
To: [insert name of person subject to confidentiality notice]
Address: [insert address details]
THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.
PENALTIES INCLUDING IMPRISONMENT MAY APPLY.
1. What is this confidentiality notice?
This confidentiality notice is issued under section 37T(2)(a) of the Racing Act 1958 in respect of the following restricted matters:
[specify restricted matter or matters]
Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed "When are you authorised to disclose information?".
If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
You should also note that additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.
2. Why have you been given this confidentiality notice?
You have been given this notice because the Racing Integrity Commissioner considers that your disclosure of any of the restricted matters described above would be likely to prejudice:
*• an investigation by the Independent Broad-based Anti-corruption Commission ("IBAC") or the Victorian Inspectorate; or
*• the safety or reputation of a person; or
*• the fair trial of a person who has been, or may be, charged with an offence.
3. When are you authorised to disclose information?
Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.
If a person or organisation does not appear under "You can disclose this restricted matter:" or under "Can you disclose in any other circumstances?", then you cannot disclose the restricted matter to that person or organisation. For example, if "your spouse or domestic partner" does not appear under those headings, then you cannot disclose the restricted matter to your spouse or domestic partner.
Restricted matter:<br>[Specify restricted matter or matters]
You can disclose this restricted matter:<br>* ✓ to your spouse or domestic partner.<br>* ✓ to your employer and/or manager.<br>* ✓ to a registered health practitioner for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.<br>* ✓ to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.<br>* ✓ to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.<br>* ✓ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.<br>* ✓ for the purpose of an application to the Fair Work Commission, including any related proceeding.
The Racing Integrity Commissioner has directed that you cannot disclose this restricted matter:<br>* ✗ to your spouse or domestic partner.<br>* ✗ to your employer and/or manager.<br>* ✗ to a registered health practitioner.<br>* ✗ to a trade union.<br>* ✗ to an employee assistance program.<br>* ✗ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.<br>* ✗ for the purpose of an application to the Fair Work Commission, including any related proceeding.
[Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above.]
Can you disclose in any other circumstances?
You are always permitted to disclose a restricted matter in the following circumstances—
to the IBAC, if the IBAC:
referred the complaint to which the restricted matter relates to the Racing Integrity Commissioner; and
has withdrawn that referral;
for the purposes of making a complaint to the Victorian Inspectorate or the IBAC;
• for the purposes of complying with a witness summons served on you by the Victorian Inspectorate under the Victorian Inspectorate Act 2011 or by the IBAC under the Independent Broad-based Anti‑corruption Commission Act 2011;
to Victoria Police, if—
the Racing Integrity Commissioner has disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct; and
the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct;
if the Racing Integrity Commissioner directs you or authorises you to disclose a restricted matter;
if the disclosure is authorised or required by the Racing Act 1958;
if the disclosure is necessary for you to obtain any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order of the Supreme Court extending a confidentiality notice, including:
• to an interpreter if you do not know enough English to understand the nature of the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice;
• to a parent, guardian or independent person if you are under the age of 18 years;
• to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice;
• to a legal practitioner for the purposes of obtaining legal advice or representation in relation to an investigation by the Racing Integrity Commissioner under the Racing Act 1958, or your rights, liabilities, obligations and privileges under:
• the Racing Act 1958; or
• the Public Interest Disclosures Act 2012; or
• the Independent Broad-based Anti‑corruption Commission Act 2011; or
• the Victorian Inspectorate Act 2011; or
• the Ombudsman Act 1973; or
• the Fair Work Act 2009 of the Commonwealth;
• if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;
• if the information has been made public in accordance with the Racing Act 1958 or any other Act;
• if the information has been published in a report by the Racing Integrity Commissioner, Integrity and Oversight Committee or any of the following investigating entities:
IBAC;
Victoria Police;
the Victorian Ombudsman;
the Victorian Inspectorate;
the Judicial Commission, including an investigating panel appointed by the Judicial Commission;
the Chief Municipal Inspector;
the Information Commissioner.
**Your obligations if you make a permitted disclosure**
If you disclose information about a restricted matter to another person because the disclosure is permitted, you must give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
4. When does this confidentiality notice expire?
This confidentiality notice expires on the date when the first of the following events occurs:
• the Racing Integrity Commissioner cancels this confidentiality notice and issues you with a new one that includes different restricted matters;
• the Racing Integrity Commissioner cancels this confidentiality notice and issues you with a new one because the Commissioner believes that it is no longer necessary to restrict disclosure of one or more restricted matters in this notice;
• the Racing Integrity Commissioner cancels this confidentiality notice because the Commissioner believes that it is no longer necessary to restrict disclosure of any restricted matters in this notice;
• unless the Supreme Court has ordered the extension of this confidentiality notice, when the Racing Integrity Commissioner cancels this confidentiality notice at the conclusion of the investigation;
• if the date on which this confidentiality notice expires is extended by the Supreme Court, the date on which the period of extension expires.
5. Where can I get more information about this confidentiality notice?
A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.
You can also obtain legal advice about this confidentiality notice from a legal practitioner.
[attach:
• a copy of sections 37T(3) to (7), 37U and 37W of theRacing Act 1958;
• if applicable, a copy of Part 7 of thePublic Interest Disclosures Act 2012.]
[signature]
[name]
[title]
[date]
*Delete if not applicable.
═════════════
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.
The Racing (Public Interest Disclosures) Regulations 2019, S.R. No. 147/2019 were made on 17 December 2019 by the Governor in Council under sections 37T(2)(a) and 68(1)(d) of the Racing Act 1958, No. 6353/1958 and came into operation on 1 January 2020: regulation 3.
The Racing (Public Interest Disclosures) Regulations 2019 will sunset 10 years after the day of making on 17 December 2029 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Racing (Public Interest Disclosures) Regulations 2019 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2019 is $165.22.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.