124YAnnual report

124Y Annual report

(1) Subject to section 124ZA, the IBAC must give the Attorney-General a written report in accordance with this section as soon as practicable after the end of each calendar year.

Section 124ZA requires the IBAC to first give an advance copy of the report to the Chief Commissioner, and give the Chief Commissioner a reasonable opportunity to consider whether any information in the report ought to be excluded under subsection (5).

(2) In a report under subsection (1) following a particular year, the IBAC must address the following—

(a) the exercise, during that year, of powers conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;

(b) the performance, during that year, of the duties and functions conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;

(c) the impact of the scheme for which this Part provides, including the impact of—

on persons referred to in section 124ZD(3)(c)(iv).

(3) In a report under subsection (1), the IBAC may also address any other matter—

(a) that relates to the IBAC's functions and powers under this Division; and

(b) that the IBAC considers it appropriate to report on.

(4) Without limiting subsection (3), the IBAC may include, in a report under subsection (1)—

(a) the recommendations given under section 124U(1) during the year to which the report relates; and

(b) the responses received under section 124U(3) during that year; and

(c) recommendations to improve the operation of this Part.

(5) The IBAC must exclude information from a report under subsection (1) if satisfied (whether on the advice of the Chief Commissioner under section 124ZA or otherwise) that inclusion of the information in the report could—

(a) prejudice—

(i) a criminal investigation; or

(ii) a criminal proceeding; or

(iii) any other legal proceeding; or

(iv) an investigation, inquiry or other process of an integrity body; or

(b) compromise the operational activities or methodologies of—

(i) an Australian law enforcement agency; or

(ii) an integrity body; or

(iii) an intelligence agency; or

(c) disclose a person's identity or location if it is not in the public interest to do so; or

(d) compromise a person's safety.

S. 124Z inserted by No. 37/2024 s. 29.