Integrity Legislation Amendment Bill
2014
Introduction Print
EXPLANATORY MEMORANDUM
General
The Integrity Legislation Amendment Bill 2014 amends the Independent
Broad-based Anti-corruption Commission Act 2011 (IBAC Act), the
Ombudsman Act 1973 (Ombudsman Act), the Audit Act 1994 (Audit Act),
the Public Interest Monitor Act 2011 (PIM Act); and makes related
amendments to certain other Acts.
The aim of the Bill is to support and enhance Victoria's integrity regime, by
making amendments arising out of the Independent Broad-based Anticorruption Commission's (IBAC) experience of interpreting and applying the
legislation following one year of operation. The Bill—

modifies the threshold that must be met before IBAC may commence
an investigation into serious corrupt conduct;

includes in the definition of relevant offence in the IBAC Act the
offence of "misconduct in public office", resulting in the inclusion of
this offence in IBAC's corrupt conduct jurisdiction;

grants IBAC explicit power to conduct preliminary investigations,
without the use of coercive powers, before deciding whether to
dismiss, refer or investigate a complaint or notification;

harmonises requirements for notification of possible corrupt conduct
to IBAC by other bodies in the integrity framework (including the
Ombudsman and Auditor-General) and by principal officers of
government bodies;

requires IBAC and the Ombudsman to provide a Parliamentary
Committee, on request, with primary evidence they have collected
during the preparation of a report which is the subject of a subsequent
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BILL LA INTRODUCTION 16/9/2014
investigation by the Parliamentary Committee in relation to a possible
breach of privilege or contempt of Parliament;

makes a range of technical amendments to the IBAC Act, including
clarifying powers of delegation, allowing IBAC to appoint suitably
qualified persons to preside at an examination, and allowing IBAC to
apply to the Magistrates' Court for a search warrant.
The Bill amends the Ombudsman Act to—

allow the Ombudsman to continue to deal with or investigate matters
that the Ombudsman refers to IBAC or the Victorian Inspectorate for
consideration of possible corrupt conduct, in certain circumstances;

provide the Ombudsman greater flexibility in handling protected
disclosure complaints referred to it by the IBAC; and

make various technical amendments.
The Bill also amends the PIM Act to clarify confidentiality requirements
within the PIM office and to insert a statutory immunity.
Clause Notes
PART 1—PRELIMINARY
Clause 1
provides that the main purpose of the Bill is to amend the
Independent Broad-based Anti-corruption Commission Act
2011, the Ombudsman Act 1973 and the Public Interest
Monitor Act 2011.
Clause 2
provides that the Bill will come into operation on the day after
the day on which it receives Royal Assent.
PART 2—INDEPENDENT BROAD-BASED ANTICORRUPTION COMMISSION ACT 2011
Clause 3
amends the definitions of detained person and restricted matter
in section 3 of the IBAC Act, and makes a typographical
amendment to the definition of notification to the IBAC.
Clause 3 also amends the definition of relevant offence in
section 3 of the IBAC Act, to provide that it also includes the
common law offence of "misconduct in public office".
The definition of relevant offence is pertinent to the definition
of corrupt conduct in section 4, and this amendment will in
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practice mean that the offence of misconduct in public office is
within the IBAC's corrupt conduct jurisdiction.
Clause 4
amends the definition of corrupt conduct in section 4 of the
IBAC Act to clarify that, for considering whether an
investigation may be conducted pursuant to amended
section 60(2), IBAC does not need to consider whether the facts
giving rise to the corrupt conduct would be found proved beyond
reasonable doubt at trial. It is sufficient that the conduct, as
assessed by IBAC according to the requirements of section 60(2),
"would constitute a relevant offence".
Clause 5
amends section 17(1) of the IBAC Act to provide that, as well as
the Commissioner, the IBAC may also delegate to an acting
Commissioner any duty, function or power of the IBAC.
Clause 6
substitutes a new subsection 30(7)(b) in the IBAC Act to provide
that, while a person is acting in the office of Commissioner or
Deputy Commissioner, the person is entitled to be paid the
remuneration and allowances specified in their instrument of
appointment to that role.
Clause 7
amends section 32 of the IBAC Act to clarify delegation powers.
New sub-section (1A) provides that the Commissioner may
delegate to a Deputy Commissioner or the Chief Executive
Officer the powers of the Commissioner under sections 85
(relating to authorising the use of powers of entry, search and
seizure in relation to police personnel premises) and 91
(relating to authorising applications for search warrants), if the
Commissioner is absent or unavailable and the delegate
reasonably believes that a delay in the exercise of the power
would significantly limit the effectiveness of the powers
authorised by sections 85 and 91.
Clause 7 amends section 32(2) of the IBAC Act to allow the
Commissioner to delegate any duty, power or function of the
Commissioner to a consultant engaged under section 36.
Clause 7 also amends sections 32(3) and (4) of the IBAC Act to
remove the ability of a Deputy Commissioner or Chief Executive
Officer to delegate powers to senior IBAC Officers that the
Commissioner does not have the power to delegate by virtue of
section 32(2). Any delegations given under sections 32(3)
and (4) that are already in force before the commencement of this
amendment will continue in force until 6 months after
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commencement, or revocation of the delegation, whichever
occurs first.
Clause 8
makes a consequential amendment to section 37(2) of the IBAC
Act, to provide that IBAC may administer an oath to a person
who is to be appointed to preside at an examination under
amended section 115.
Clause 9
amends section 41(1)(d) of the IBAC Act to provide that, in
addition to the "relevant principal officer", IBAC may also
disclose information to another "appropriate principal officer",
meaning the head of a body other than the relevant body.
Clause 9 also inserts a new section 41(2A) in the IBAC Act
which provides that, if a House of Parliament has referred a
report made by the IBAC to a Parliamentary Committee of that
House to determine whether there has been a breach of
parliamentary privilege or contempt of Parliament, and the
Parliamentary Committee requests the IBAC to provide or
disclose any information acquired through the preparation of the
report which the Committee considers may be necessary for its
deliberations, the IBAC must comply with the request.
In responding to the request, the IBAC must not provide or
disclose information that is likely to lead to the identification of a
person who has made an assessable disclosure.
Clause 10 amends sections 56(1) and (3) of the IBAC Act to provide that
IBAC may receive information from any person or body
information relevant to conducting a preliminary investigation,
and may use information received under section 56 in conducting
a preliminary investigation.
Clause 11 amends section 57 of the IBAC Act to provide that, subject to
Directions issued by the IBAC under new section 57A, the
relevant principal officer must notify the IBAC of any matter
which the relevant principal officer suspects on reasonable
grounds involves corrupt conduct occurring or having occurred.
Under the former section 57, notification of such matters by the
relevant principal officer to the IBAC was discretionary.
The new obligation does not apply to a person who is subject to
a specific mandatory notification requirement listed at new
section 57A(5)(b) to (i); these specific mandatory notification
requirements largely replicate the generic mandatory notification
requirement otherwise applicable to all principal officers.
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Clause 12 inserts a new section 57A in the IBAC Act which allows IBAC to
issue Directions for or with respect to notifications to the IBAC
under a mandatory notification provision. Among other things,
Directions may: specify which matters must be notified and
which are exempted from notification; relate to a specified
mandatory notification provision or the obligations of a specified
person under a mandatory notification provision; provide for the
manner in which a notification is to be made; and be of general or
limited application. Directions must be published in the
Government Gazette and on the IBAC's internet website, and
take effect on the day after the Directions are published, or any
later day specified in the Directions.
Clause 13 amends section 59 of the IBAC Act to clarify the application of
the notice requirements by IBAC following a decision made
under section 58 to complainants and notifiers. The amendment
confirms that it is mandatory for IBAC to notify complainants of
the action taken pursuant to section 58; but establishes that it is
discretionary for IBAC to notify a person who has made a
notification of the action taken pursuant to section 58.
Clause 14 inserts a new Division 3A in Pat 3 of the IBAC Act providing
IBAC with an explicit power to conduct a preliminary
investigation, for the purpose of determining whether to dismiss,
refer or investigate a complaint or notification under the Act.
The IBAC may conduct a preliminary investigation on its own
motion, and a relevant principal officer must assist IBAC in the
conduct of a preliminary investigation.
Coercive powers that would otherwise be available to the IBAC
in conducting an investigation under the Act are not to be
available in conducting a preliminary investigation.
Accordingly, a reference in the Act to "an investigation" is not a
reference to a preliminary investigation, unless expressly
provided. Similarly, the Part 4 investigative powers available to
IBAC in undertaking an ordinary investigation expressly do not
apply to a preliminary investigation, and a preliminary
investigation is not "an investigation" for the purposes of
section 15 of the Surveillance Devices Act 1999, establishing
that an application for a surveillance device warrant cannot be
made in respect of a preliminary investigation.
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Clause 15 substitutes section 60(2) of the IBAC Act, which formerly
required IBAC, before conducting an investigation in its corrupt
conduct jurisdiction, to be "reasonably satisfied" that the conduct
"is serious corrupt conduct".
New section 60(2) provides that the IBAC must not conduct an
investigation under section 60(1) unless—

the IBAC is satisfied that the conduct proposed to be
investigated would, if proven, be serious corrupt
conduct; that is, that the conduct is "corrupt conduct"
for the purposes of the amended definition in section 4,
and is "serious"; and

the IBAC suspects on reasonable grounds that the
conduct is occurring or has occurred.
For the purposes of the requirements imposed by section 60(2),
IBAC may have regard to any or all of: the alleged conduct as
specified in the complaint or notification; any information
obtained through a preliminary investigation; and inferences that
may be drawn from matters specified in the complaint or from
information obtained through a preliminary investigation.
The amendments allow IBAC to make a subjective determination
that the conduct, if proven, would constitute serious corrupt
conduct, and establish a threshold of "reasonable suspicion"
(contrasted with the current threshold of "reasonable satisfaction"
equivalent to a threshold of "reasonable belief") as to whether the
conduct is occurring or has occurred. IBAC may rely on
specified forms of information, including inferences drawn from
the information it has to hand, to satisfy these requirements.
Clause 16 repeals section 68(2)(e) of the IBAC Act. Section 68(2)(e)
provides that a protected disclosure complaint is deemed to have
been dismissed if the person who made the complaint requests
that the complaint not be investigated. This provision is
inconsistent with the operation of section 55(4)of the Act and
sections 20(1) and 26 of the Protected Disclosure Act 2012.
Clause 17 makes a typographical amendment to section 73 of the IBAC
Act.
Clause 18 makes a typographical amendment to the heading to section 85 of
the IBAC Act, and a consequential amendment to the note to
section 85.
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Clause 19 amends section 91 of the IBAC Act to allow IBAC to make a
search warrant application to a Magistrate as well as to a
Supreme Court Judge.
Clause 20 amends section 115 of the IBAC Act to provide that the IBAC
must appoint either—

the Commissioner; or

a person who would be eligible to appointed to be the
Commissioner who has taken an oath or made an
affirmation under section 37(2)
to preside at an examination.
A person appointed to preside at an examination may perform
any function or exercise any power that the IBAC has under
Part 6, relating to examinations, and may authorise an IBAC
officer to exercise the powers specified by section 132, relating to
the administering of oaths, as if the person appointed were the
Commissioner.
Clause 21 amends section 118 of the IBAC Act, which establishes an
offence for an unauthorised person to be present at an IBAC
examination that is not open to the public, to clarify that
"present" includes being "remotely present" (for example, by
video link).
Clause 22 amends section 119 of the IBAC Act to provide that a direction
issued by IBAC as to the persons who may or must not be present
during an examination or part of an examination, may provide
that a person may be remotely present.
Clause 23 substitutes section 124(4) of the IBAC Act to provide that a
witness summons directed to a body corporate must be served by
sending a copy of the witness summons by registered post to the
head office, a registered office, a principal office, or a principal
place of business of the body corporate, or to a postal address of
the body corporate.
Clause 24 makes a typographical amendment to section 126 of the IBAC
Act.
Clause 25 amends sections 139(1) and (2) of the IBAC Act to allow IBAC
to make an arrest warrant application for a witness who fails to
appear to a Magistrate as well as to a Supreme Court Judge.
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Clause 26 amends section 140 of the IBAC Act to allow a person who has
been arrested under an arrest warrant to be brought before a
Magistrate (as well as a Supreme Court Judge, as is currently
allowed), if it is not practicable for the person to be brought
before the IBAC in a reasonable time after the person's arrest.
Clause 27 substitutes section 150 of the IBAC Act to provide that a person
appearing as a witness in an examination who, under the
regulations, is entitled to a reimbursement of expenses, must be
paid an amount for any expenses incurred by that appearance, as
provided in the scale prescribed in the regulations.
Clause 28 amends section 163(3) of the IBAC Act to provide that IBAC
remove the requirement that briefings to senior public servants
about the commencement, conduct or results of an investigation
must be in written form. Section 163(3) is also amended to allow
IBAC to provide information not only to "the relevant principal
officer" but also to "any other appropriate principal officer",
meaning the head of a body other than the relevant body.
Clause 29 amends section 180 of the IBAC Act to provide that it is an
offence to hinder or obstruct an IBAC officer performing
functions under Part 6 (which relates to examinations), rather
than being an offence to hinder or obstruct an IBAC officer in
performing functions under Part 5 (which deals with defensive
equipment and firearms).
Clause 30 substitutes section 185 of the IBAC Act.
New section 185(1) provides that, if a body corporate commits an
offence against a specified provision, an officer of the body
corporate also commits an offence against the provision if the
officer authorised or permitted the commission of the offence, or
was knowingly concerned in any way in the commission of the
offence by the body corporate.
New section 185(2) specifies offence provisions of the IBAC Act
to which section 185(1) applies. New section 185(3) provides
that an officer of a body corporate may rely on a defence that
would be available to the body corporate were it charged with the
offence with which the officer is charged. New section 185(4)
provides that an officer of a body corporate may commit an
offence against a specified provision whether or not the body
corporate has been prosecuted for, or found guilty of, an
offence against a specified provision. New section 185(5)
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defines body corporate and officer for the purposes of the
section. New section 185(6) states that this section does not
affect the operation of sections 323 or 324 of the Crimes Act
1958 or section 52 of the Magistrates Court Act 1989.
Clause 31 inserts notes at the foot of the offence provisions specified in new
section 185(2) of the IBAC Act, highlighting that section 185
applies to an offence against the relevant provision.
PART 3—OMBUDSMAN ACT 1973
Clause 32 inserts a definition of police personnel misconduct, and amends
the definition of restricted matter in section 2 of the Ombudsman
Act.
Clause 33 amends section 13A(1)(a) and (b) of the Ombudsman Act to
remove an existing restriction, thereby providing that the
Ombudsman may conduct an enquiry in relation to a protected
disclosure complaint for the purposes of determining whether an
investigation under the Act should be conducted, but not for the
purposes of determining whether the protected disclosure
complaint may be resolved informally.
Clause 34 amends section 13B(b) of the Ombudsman Act to provide that
section 24, which requires the Ombudsman to informing a
complainant or person who made a protected disclosure
complaint about the result of an investigation, does not apply to
an enquiry made in respect of a protected disclosure complaint.
Section 24 continues to apply to any investigation into a
protected disclosure complaint.
Clause 35 substitutes section 14 (2) of the Ombudsman Act to provide that,
if a complaint to the Ombudsman is not made in writing, the
Ombudsman may require the complainant to provide a written
statement in the form (if any) specified by the Ombudsman
confirming that the complainant wants the Ombudsman to
consider the complaint and specifying the details of the
complaint.
Clause 36 amends section 15 of the Ombudsman Act. Currently, section 15
provides that the Ombudsman must refuse to deal with a
complaint that appears to involve corrupt conduct or police
personnel conduct other than to notify the IBAC or the Victorian
Inspectorate.
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The new section 15(1) provides that the Ombudsman must refuse
to deal with a complaint that involves police personnel conduct
other than to notify the IBAC or the Victorian Inspectorate.
The new section 15(1A) provides that subject to new
subsection (1B), the Ombudsman must refuse to deal with a
complaint that the Ombudsman suspects on reasonable grounds
involves corrupt conduct until the Ombudsman notifies the IBAC
or the Victorian Inspectorate under Division 2C. Under new
section 15(1B), if the IBAC notifies the Ombudsman that it has
determined to investigate a matter involving corrupt conduct or
refer the matter, the Ombudsman may only continue to deal with
a complaint that involves the matter or continue to conduct an
investigation in relation to the matter in the following
circumstances—

the IBAC and the Ombudsman agree—to the extent and
subject to the conditions agreed; or

where the IBAC refers the matter to another body under
section 73 of the IBAC Act, to the extent of the referral;
or

the IBAC completes or discontinues its investigation
into the matter.
The amendments will allow the Ombudsman to continue to deal
with a complaint or investigate a matter where IBAC has
determined to investigate or refer the same matter, while
avoiding interference between investigations. For example, the
amendment would allow IBAC and the Ombudsman to agree that
the Ombudsman can continue investigating a matter that involves
maladministration, while IBAC investigates elements of the
matter relating to serious corrupt conduct. The amendments do
not change the position with respect to police personnel conduct.
Clause 37 inserts new section 15A(3) in the Ombudsman Act, which
provides that the Ombudsman may refuse to deal with a
complaint if the complainant fails to comply with a requirement
made under section 14(2), relating to the requirement that
complaints be made in writing.
Clause 38 amends section 15C of the Ombudsman Act by substituting
"and 15E" with "15E or 17", providing that the general
requirement to investigate protected disclosure complaints is
qualified by the operation of the new power to discontinue an
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investigation into a protected disclosure complaint inserted by
clause 42.
Clause 39 repeals sections 15D(2) and (3) of the Ombudsman Act.
These provisions impose unnecessary limitations on the
circumstances in which the Ombudsman can investigate
protected disclosure complaints. These limitations are not
reflected in the Protected Disclosure Act 2012.
Clause 40 substitutes section 16A(2) of the Ombudsman Act with a new
section 16A(2) and (2A). Substituted section 16A(2) provides
that, subject to subsection (2A), the Ombudsman must not
conduct an own motion investigation into any administrative
action that the Ombudsman suspects on reasonable grounds
involves corrupt conduct until the Ombudsman notifies the IBAC
or the Victorian Inspectorate.
New section 16(2A) provides that, if the IBAC notifies the
Ombudsman that it has determined to investigate or refer a
matter, the Ombudsman must not conduct, or continue to
conduct, an own motion investigation into any administrative
action that involves that matter, unless—

the IBAC and the Ombudsman agree—to the extent and
subject to the conditions agreed; or

where the IBAC refers the matter to another body under
section 73 of the IBAC Act, to the extent of the referral;
or

the IBAC completes or discontinues its investigation
into the matter.
Clause 41 substitutes section 16E(1) of the Ombudsman Act, to provide
that, subject to Directions issued under section 57A of the IBAC
Act, the Ombudsman must notify the IBAC of a complaint or
referred matter that the Ombudsman suspects on reasonable
grounds involves corrupt conduct or police personnel misconduct
having occurred or occurring; or a matter that the Ombudsman
suspects on reasonable grounds involves corrupt conduct or
police personnel misconduct occurring or having occurred, of
which the Ombudsman becomes aware in the course of dealing
with a complaint, conducting an own motion investigation, or
performing any other functions under the Act.
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Clause 42 inserts new sections 16L(4) and (5) of the Ombudsman Act
which provides that, if a House of Parliament has referred a
report made by the Ombudsman to a Parliamentary Committee of
that House to determine whether there has been a breach of
parliamentary privilege or contempt of Parliament, and the
Parliamentary Committee requests the Ombudsman to provide or
disclose any information acquired through the preparation of the
report which the Committee considers may be necessary for its
deliberations, the Ombudsman must comply with the request.
In responding to the request, the Ombudsman must not provide or
disclose information that is likely to lead to the identification of a
person who has made an assessable disclosure.
Clause 43 inserts new sections 17(6B), (6C), (6D) and (6E) in the
Ombudsman Act.
New section 17(6B) provides that the Ombudsman may at any
time during an investigation discontinue the investigation if in all
the circumstances the Ombudsman considers that grounds
specified in section 15A or 15E now apply; or the matter has
been sufficiently investigated and further investigation is not
warranted.
New section 17(6C) provides that the Ombudsman must
discontinue an investigation if in all the circumstances the
Ombudsman considers that a ground specified in section 15, for
refusing to deal with the complaint, or section 15D, for refusing
to conduct an investigation, would now apply.
New section 17(6D) provides that, if the Ombudsman
discontinues an investigation in accordance with sections
17(6B)(a) or (6C), the Ombudsman must inform any person
informed of the investigation under subsection (1) of the
discontinuance of the investigation and the reason for the
discontinuance, and the requirements in sections 23, 23A
and 24(1) do not apply.
New section 17(6E) provides that, if the Ombudsman
discontinues an investigation in accordance with section
17(6B)(b), sections 23, 23A and 24(1), relating to procedure,
reporting and communicating applying to a completed
investigation, apply as if the investigation had been completed;
and the Ombudsman must provide the reason for the
discontinuance in any report or notification given under those
sections.
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Clause 44 substitutes section 25AA(7) of the Ombudsman Act to clarify
that for the purposes of section 25AA Parliament is 'in recess'
when neither House is sitting.
Clause 45 inserts a new section 26A(3) in the Ombudsman Act which
clarifies that unauthorised disclosure restrictions do not apply to
the provision or disclosure of information by the Ombudsman
officer in accordance with section 16L, which allows the
disclosure of information by the Ombudsman.
PART 4—PUBLIC INTEREST MONITOR ACT 2011
Clause 46 amends section 8(1) of the PIM Act by substituting "Australian
legal practitioner" with "Australian lawyer", providing that a
Public Interest Monitor is not required to hold a current legal
practising certificate.
Clause 47 amends section 12(i) of the PIM Act by substituting "Australian
legal practitioner" with "Australian lawyer".
Clause 48 substitutes section 17(2) and (3) of the PIM Act.
New section 17(2) provides that the confidentiality restrictions
contained in section 17(1) do not apply to disclosure of
information by a Public Interest Monitor in the performance of
their functions, including the disclosure of information to a
person assisting the Public Interest Monitor in the performance of
their functions, or to another Public Interest Monitor.
New section 17(3) provides that a person who is or was a Public
Interest Monitor, or a person assisting a Public Interest Monitor,
is not compellable to disclose information obtained, or that came
to the person's knowledge, in the course of or as a result of
performing his or her functions or assisting a Public Interest
Monitor, in any proceedings before a court, board, commission or
tribunal.
Clause 49 inserts an immunity provision, new section 17A, into the PIM
Act, providing that a Public Interest Monitor is not personally
liable for anything necessarily or reasonably done (or omitted to
be done) in good faith in the performance of a function or the
exercise of a power under the Act, or in the reasonable belief that
the act or omission was in the course of the performance of a
function or the exercise of a power under the Act. Any liability
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resulting from an act or omission that would otherwise attach to a
Public Interest Monitor attaches instead to the State.
PART 5—AMENDMENTS TO OTHER ACTS
Clause 50 substitutes section 19A(1) of the Audit Act 1994.
New section 19A(1) provides that, subject to Directions
issued under section 57A of the IBAC Act, the Auditor-General
must notify the IBAC of any matter that the Auditor-General
suspects on reasonable grounds involves corrupt conduct
occurring or having occurred, of which the Auditor-General
becomes aware in the performance of functions or the exercise
of powers under the Audit Act 1994 or any other Act.
Clause 51 inserts section 20A(4) in the Audit Act 1994 which clarifies that
the unauthorised disclosure restriction imposed on the AuditorGeneral by section 20(1) does not apply to the provision or
disclosure of information by the Auditor-General in accordance
with sections 16F or 19C.
Clause 52 amends section 61(1) of the Commission for Children and
Young People Act 2012 to provide that, subject to Directions
issued under section 57A of the IBAC Act, the Commission must
notify the IBAC of any matter that the Commission suspects on
reasonable grounds involves corrupt conduct occurring or having
occurred, of which the Commission becomes aware in the
performance of functions or the exercise of powers under the
Commission for Children and Young People Act 2012 or any
other Act.
Clause 53 amends section 19A(1) of the Electoral Act 2002 to provide that,
subject to Directions issued under section 57A of the IBAC Act,
the Electoral Commissioner must notify the IBAC of any matter
that the Electoral Commissioner suspects on reasonable grounds
involves corrupt conduct occurring or having occurred, of which
the Electoral Commissioner becomes aware in the performance
of functions or the exercise of powers under the Electoral Act
2002 or any other Act.
Clause 54 amends section 54C of the Environment Protection Act 1970 to
provide that, subject to Directions issued under section 57A of
the IBAC Act, the Chairman of the Environment Protection
Authority must notify the IBAC of any matter that the Chairman
suspects on reasonable grounds involves corrupt conduct
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occurring or having occurred, of which the Chairman becomes
aware in the performance of functions or the exercise of powers
under the Environment Protection Act 1970 or any other Act.
Clause 55 makes typographical amendments to section 6 of the Legal Aid
Act 1978.
Clause 56 amends section 73(1) of the Public Administration Act 2004 to
provide that, subject to Directions issued under section 57A of
the IBAC Act, the Victorian Public Sector Commissioner must
notify the IBAC of any matter that the Commissioner suspects on
reasonable grounds involves corrupt conduct occurring or having
occurred, of which the Commissioner becomes aware in the
performance of functions or the exercise of powers under the
Public Administration Act 2004 or any other Act.
Clause 57 amends section 26 of the Protected Disclosure Act 2012 to give
IBAC a discretion to assess whether, in its view, a disclosure
notified to IBAC through some other means than is specified in
section 26(1) is a protected disclosure.
Clause 58 amends section 37G(1) of the Racing Act 1958 to provide that,
subject to Directions issued under section 57A of the IBAC Act,
the Racing Integrity Commissioner must notify the IBAC of any
matter that the Racing Integrity Commissioner suspects on
reasonable grounds involves corrupt conduct occurring or having
occurred, of which the Racing Integrity Commissioner becomes
aware in the performance of functions or the exercise of powers
under the Racing Act 1958 or any other Act.
Clause 59 amends section 20A(4) of the Surveillance Devices Act 1999 to
require that, when a surveillance device warrant is revoked, either
the magistrate or the chief officer of the law enforcement agency
must notify the Public Interest Monitor.
Clause 60 amends section 613(1) of the Workplace Injury Rehabilitation
and Compensation Act 2013 to provide that, subject to
Directions issued under section 57A of the IBAC Act, the Chief
Executive Officer of the Authority must notify the IBAC of any
matter that the Chief Executive Officer of the Authority suspects
on reasonable grounds involves corrupt conduct occurring or
having occurred, of which the Chief Executive Officer of the
Authority becomes aware in the performance of functions or the
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exercise of powers under the Workplace Injury Rehabilitation
and Compensation Act 2013 or any other Act.
PART 6—REPEAL OF AMENDING ACT
Clause 61 provides that the Act is repealed on the first anniversary of the
day on which it comes into operation. The repeal does not affect
the continuing operation of the amendments made by the Act
(see section 15(1) of the Interpretation of Legislation Act
1984).
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