PARLIAMENT OF VICTORIA
Integrity and Accountability Legislation
Amendment (A Stronger System) Bill 2015
TABLE OF PROVISIONS
Clause
Page
Part 1—Preliminary
1
2
1
Purpose
Commencement
1
2
Part 2—Independent Broad-based Anti-corruption Commission
Act 2011
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Amendment of section 3—Definitions
Amendment of section 4—Corrupt conduct
Amendment of section 8—Objects of Act
Amendment of section 11—Conduct occurring before the
commencement of this section
New section 11A inserted—Determination of matter
previously considered by the IBAC
Amendment of section 15—Functions of the IBAC
Consequential repeal of section 17—Delegation
Amendment of section 30—Acting appointment
Section 32 substituted—Delegations
Consequential amendment to section 37
Amendment of section 41—Disclosure or provision of
information by the IBAC
Amendment of section 42—Confidentiality notice
Amendment of section 44—Disclosure subject to
confidentiality notice
Amendment of section 47—Protected documents and other
things in proceedings, processes or actions other than criminal
proceedings
Amendment of section 48—Production and inspection of
protected documents and things in criminal proceedings
Amendment of section 56—The IBAC may receive
information
Amendment of section 57—Notifications to the IBAC
New sections 57A and 57B inserted
Amendment of section 59—Notice of dismissal, investigation
or referral of complaint or notification
New Division 3A inserted in Part 3—Preliminary inquiries
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3
5
8
8
9
9
10
10
10
14
14
16
17
17
17
17
18
18
20
21
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23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Page
Amendment of section 60—Conducting investigations about
corrupt conduct
Amendment of section 66—Conducting investigations into
protected disclosure complaints about detrimental action
Amendment of section 68—When certain complaints or
notifications to the IBAC are dismissed
Amendment of section 73—Referral of complaint or
notification for investigation by another person or body
Amendment of section 85—The Commissioner must authorise
use of powers under this Division
Amendment of section 91—Search warrant
Amendment of section 115—Power to hold examinations
Amendment of section 118—Offence to be present at
examination
Amendment of section 119—The IBAC may give directions
Amendment of section 124—Service of witness summons
Amendment of section 126—Witness already held in custody
New section 129A inserted—The IBAC may issue
suppression order
Amendment of section 130—Actions to be taken before
questioning of a witness or requiring production of a
document or other thing
Amendment of section 136—Offence for summoned witness
to refuse or fail to answer question
Amendment of section 139—Warrant to arrest witness who
fails to appear
Amendment of section 140—Bail for person arrested
Amendment of section 142—Report to Victorian Inspectorate
on issue of arrest warrant
Section 150 substituted—Reimbursement of expenses of
certain witnesses
Amendment of section 151—Provision of legal assistance to
witnesses
Amendment of section 163—Advice to a complainant and
other persons
Amendment of section 180—Offence to hinder or obstruct an
IBAC officer
Section 185 substituted
Amendment of section 196—Regulations—specific matters
Insertion of notes
Amendment of section 189—Power to bring proceedings
Amendment of section 190—Power for the IBAC to bring
criminal proceedings
Amendments relating to the Legal Profession Uniform Law
(Victoria)
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33
33
34
34
34
35
36
37
37
37
38
39
40
40
40
41
41
41
42
42
42
45
45
48
48
49
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Part 3—Audit Act 1994
50
51
52
53
54
50
Amendment of section 16AB—Transmission of reports to
Parliament
Amendment of section 19A— Mandatory notification of
corrupt conduct to IBAC
Amendment of section 19B—Mandatory notification to
Victorian Inspectorate
Amendment of section 19C—Communication of information
to specified persons or bodies
Amendment of section 20A—Improper use of information
Part 4—Ombudsman Act 1973
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
Amendment of section 2—definitions
Amendment of section 13A —Conducting of enquiries
Amendment of section 14—Making a complaint
Amendment of section 15—How the Ombudsman is to deal
with certain complaints
Amendment of section 15A—Ombudsman may refuse to deal
with certain complaints
Amendment of section 15C—Ombudsman must investigate
protected disclosure complaints
Amendment of section 15E—Ombudsman may refuse to
investigate certain protected disclosure complaints
Amendment of section 16A—Ombudsman may conduct own
motion investigation
Amendment of section 16E—Notification to IBAC
Amendment of section 16F—Notification to the Victorian
Inspectorate
Amendment of section 16L—Disclosure of information by the
Ombudsman
New section 16M inserted—Disclosure of information for
specified purposes
Amendment of section 17—Procedure relating to
investigations
Amendment of section 25AA—Transmission of sections 23(6)
and 25 reports to Parliament
Amendment of section 26A—Unauthorised disclosure
Amendments relating to gender neutral language
50
51
52
iii
53
53
54
54
55
55
56
56
57
58
58
60
62
63
64
64
69
Amendment of section 8—Eligibility for appointment
Amendment of section 12—Vacancy and registration
Amendment of section 17—Confidentiality
New section 17A inserted—Immunity
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53
Part 5—Public Interest Monitor Act 2011
71
72
73
74
50
69
69
69
70
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Part 6—Victorian Inspectorate Act 2011
75
76
77
71
New section 12A inserted—Specific powers in relation to the
IBAC
New Division 1A inserted in Part 6—Preliminary inquiries
Amendment relating to the Legal Profession Uniform Law
(Victoria)
Part 7—Amendment of other Acts
78
79
80
81
82
83
84
85
86
87
88
89
96
97
Amendment of section 61 of the Commission for Children and
Young People Act 2012—Mandatory notification of corrupt
conduct to IBAC
Amendment of section 19A of the Electoral Act 2002—
Mandatory notification of corrupt conduct to IBAC
Amendment of section 54C of the Environment Protection Act
1970—Mandatory notification of corrupt conduct to IBAC
Amendment of section 46 of the Health Records Act 2001—
Complaint to Health Services Commissioner
Amendment of section 6 of the Legal Aid Act 1978—
Functions and powers
Amendment of sections 223B and 223CC of the Local
Government Act 1989
Amendment of section 4 of the Protected Disclosure Act
2012—Meaning of improper conduct
Amendment of section 26 of the Protected Disclosure Act
2012—Assessment of disclosure and determination by the
IBAC
Amendment of section 73 of the Public Administration Act
2004—Mandatory notification of corrupt conduct to IBAC
Amendment of section 37G of the Racing Act 1958—
Mandatory notification of corrupt conduct to IBAC
Amendment of section 20A—Surveillance Devices Act
1999—Revocation of surveillance device warrant
Amendment of section 613 of the Workplace Injury
Rehabilitation and Compensation Act 2013—Mandatory
notification of corrupt conduct to IBAC
Amendment of section 1—Purposes
Amendment of section 3—Definitions
Amendment of section 3A—Objectives
New section 3B inserted—Extra-territorial operation of Part 3
Amendment of section 7A—Auditor-General's annual plan
Consequential amendment of section 11D—Advance notice of
performance audits
Amendment of section 12—Access to information
Amendment of section 15—Performance audits
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Part 8—Audit Act 1994—Accountability amendments
90
91
92
93
94
95
71
72
iv
74
74
75
75
75
76
76
79
80
80
81
81
82
82
82
83
84
85
85
86
86
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99
100
101
Page
Amendment of section 16—Audit reports to Parliament
New section 16FA inserted—Collaboration with other
Auditors-General
Amendment of section 20A—Improper use of information
Repeals
Part 9—Repeal of amending Act
102
Repeal of amending Act
═══════════════
93
94
General information
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92
93
Endnotes
1
89
94
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BILL LA INTRODUCTION 8/12/2015
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Integrity and Accountability Legislation
Amendment (A Stronger System) Bill
2015
A Bill for an Act to amend the Independent Broad-based
Anti-corruption Commission Act 2011, the Audit Act 1994, the
Ombudsman Act 1973, the Public Interest Monitor Act 2011 and
the Victorian Inspectorate Act 2011 to implement a stronger system
of integrity and accountability, to consequentially amend certain other
Acts and for other purposes.
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purpose
5
The purpose of this Act is to amend the
Independent Broad-based Anti-corruption
Commission Act 2011, the Audit Act 1994, the
Ombudsman Act 1973, the Public Interest
Monitor Act 2011, the Victorian Inspectorate
Act 2011 and certain other Acts to implement a
stronger system of integrity and accountability.
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Bill 2015
Part 1—Preliminary
2 Commencement
(1) This Part comes into operation on the day after the
day on which this Act receives the Royal Assent.
5
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 10 December 2016, it comes into
operation on that day.
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
Part 2—Independent Broad-based
Anti-corruption Commission Act 2011
3 Amendment of section 3—Definitions
5
In section 3(1) of the Independent Broad-based
Anti-corruption Commission Act 2011—
(a) in the definition of detained person, for
paragraphs (d) and (e) substitute—
"(d) a patient detained in a designated
mental health service within the
meaning of the Mental Health
Act 2014; or
10
(e) a person detained in a residential
service, residential institution or
residential treatment facility under
Part 8 of the Disability Act 2006; or";
15
(b) in the definition of integrity body—
(i) for paragraph (j) substitute—
"(j) the Crime and Corruption
Commission established under
section 220 of the Crime and
Corruption Act 2001 of
Queensland;";
20
(ii) after paragraph (n) insert—
"(na) the Chief Municipal Inspector
appointed under section 223A of
the Local Government Act 1989;
25
(nb) a municipal monitor appointed
under section 223CA of the Local
Government Act 1989;
30
(nc) the Racing Integrity
Commissioner established under
the Racing Act 1958;";
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(c) after the definition of law enforcement
agency insert—
"mandatory notification provision means
any of the following—
5
(a) section 57;
(b) section 19A of the Audit
Act 1994;
(c) section 61 of the Commission for
Children and Young People
Act 2012;
10
(d) section 19A of the Electoral
Act 2002;
(e) section 54C of the Environment
Protection Act 1970;
15
(f) section 16E of the Ombudsman
Act 1973;
(g) section 73 of the Public
Administration Act 2004;
(h) section 37G of the Racing
Act 1958;
20
(i) section 613(1) of the Workplace
Injury Rehabilitation and
Compensation Act 2013.";
(d) in the definition of notification to the IBAC,
in paragraph (h), for "section 74A"
substitute "section 73";
25
(e) after the definition of police recruit insert—
"preliminary inquiry means a preliminary
inquiry under section 59A or 59B;"
30
(f) in the definition of relevant offence, after
paragraph (b)(iii) insert—
"(iv) misconduct in public office;";
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(g) in the definition of restricted matter—
(i) for paragraph (a) substitute—
"(a) any evidence or information given
to, or obtained by, the IBAC;";
5
(ii) in paragraph (b), after "produced to"
insert ", or obtained by,";
(h) in the definition of witness summons, after
"section" insert "59E(1) or".
4 Amendment of section 4—Corrupt conduct
10
15
(1) In section 4(1) of the Independent Broad-based
Anti-corruption Commission Act 2011 omit
", if the facts were proved beyond reasonable
doubt at a trial,".
(2) After section 4(1)(d) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
20
"(da) of a person (the first person) intended to
adversely affect the effective performance or
exercise by a public officer or public body of
the functions or powers of the public officer
or public body and result in the first person
or an associate of the first person
obtaining—
25
(i) a licence, permit, approval, authority or
other entitlement under any Act or
subordinate instrument; or
(ii) an appointment to a statutory office or
as a member of the board of any public
body under any Act or subordinate
instrument; or
30
(iii) a financial benefit or real or personal
property; or
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(iv) any other direct or indirect monetary or
proprietary gain—
that they would not have otherwise obtained;
or".
5
10
15
(3) In section 4(1)(e) of the Independent
Broad-based Anti-corruption Commission
Act 2011, for "or (d)" substitute ", (d) or (da)".
(4) After section 4(1) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"(1A) For the purposes of this Act, in determining
whether conduct would constitute a relevant
offence, the IBAC may assume that the
required state of mind to commit the relevant
offence can be proven.".
(5) After section 4(2) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
20
25
"(2A) For the purposes of section 4(1)(da), the
effective performance or exercise by a public
officer or public body of the functions or
powers of the public officer or public body
may be adversely affected notwithstanding
that the public officer or public body does
not engage in any corrupt conduct or other
misconduct in performing or exercising those
functions or powers.
(2B) For the purposes of section 4(1)(da),
an associate of a first person is—
30
(a) a person or entity who has an
agreement, arrangement or
understanding with the first person or
holds any relevant financial interest in
any business of the first person;
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Bill 2015
Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(b) if the first person is a natural person, a
person who is a relative of the first
person;
(c) if the first person is a body corporate—
5
(i) an entity of whom the first person
is an associate within the meaning
of section 11 of the Corporations
Act; or
(ii) an employee or officer of a
related body corporate within the
meaning of the Corporations Act
to the first person.
10
(2C) For the purposes of subsection (2B)—
relative means—
15
(a) the spouse or domestic partner of
the first person;
(b) a parent, son, daughter, brother,
sister, aunt, uncle, grandparent,
cousin, nephew or niece of the
first person;
20
(c) a step-father, step-mother, legal
guardian, step-son, step-daughter,
step-brother, step-sister,
father-in-law, mother-in-law,
son-in-law, daughter-in-law,
brother-in-law or sister-in-law of
the first person;
25
(d) a parent, son, daughter, brother,
sister, aunt, uncle, grandparent,
cousin, nephew or niece of the
spouse or domestic partner of the
first person;
30
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(e) a step-father, step-mother, legal
guardian, step-son, step-daughter,
step-brother, step-sister,
father-in-law, mother-in-law,
son-in-law, daughter-in-law,
brother-in-law or sister-in-law of
the spouse or domestic partner of
the first person;
5
relevant financial interest includes any
share in the capital of a business of the
first person or any entitlement to
receive any income or payment from a
business of the first person.".
10
5 Amendment of section 8—Objects of Act
15
(1) For section 8(a)(i) of the Independent
Broad-based Anti-corruption Commission
Act 2011 substitute—
"(i) corrupt conduct; and".
20
(2) After section 8(a) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"(aa) provide for the IBAC to prioritise the
investigation and exposure of serious corrupt
conduct or systemic corrupt conduct;".
25
6 Amendment of section 11—Conduct occurring
before the commencement of this section
(1) In the heading to section 11 of the Independent
Broad-based Anti-corruption Commission
Act 2011, omit "Investigation of".
30
(2) In section 11 of the Independent Broad-based
Anti-corruption Commission Act 2011, after
"Act" (wherever occurring) insert "as amended by
the Integrity and Accountability Legislation
Amendment (A Stronger System) Act 2015".
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Integrity and Accountability Legislation Amendment (A Stronger System)
Bill 2015
Part 2—Independent Broad-based Anti-corruption Commission Act 2011
7 New section 11A inserted—Determination of matter
previously considered by the IBAC
5
After section 11 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"11A Determination of matter previously
considered by the IBAC
The IBAC may determine to investigate any
complaint or notification to the IBAC that
the IBAC has before the commencement of
section 7 of the Integrity and
Accountability Legislation Amendment
(A Stronger System) Act 2015—
10
(a) dismissed under section 58(a); or
15
(b) referred to a person or body (other than
the Ombudsman) under section 73; or
(c) referred to the Ombudsman under
section 73 and the Ombudsman has
dismissed it or has determined not to
investigate it.".
20
8 Amendment of section 15—Functions of the IBAC
(1) After section 15(1) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
25
"(1A) In performing its functions, the IBAC must
prioritise its attention to the investigation and
exposure of corrupt conduct which the IBAC
considers may constitute serious corrupt
conduct or systemic corrupt conduct.
30
(1B) Subsection (1A) does not restrict the IBAC's
discretion to determine to investigate any
matter that the IBAC considers may
constitute corrupt conduct.".
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Bill 2015
Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(2) For section 15(2)(a) of the Independent
Broad-based Anti-corruption Commission
Act 2011 substitute—
5
"(a) to identify, expose and investigate corrupt
conduct;".
(3) After section 15(3)(b) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"(ba) to conduct preliminary inquiries;".
10
9 Consequential repeal of section 17—Delegation
Section 17 of the Independent Broad-based
Anti-corruption Commission Act 2011 is
repealed.
10 Amendment of section 30—Acting appointment
15
20
25
(1) For section 30(7)(b) of the Independent
Broad-based Anti-corruption Commission
Act 2011 substitute—
"(b) is entitled to be paid the remuneration and
allowances specified in the instrument of
appointment of that person as acting
Commissioner or acting Deputy
Commissioner.".
(2) Section 30(8) of the Independent Broad-based
Anti-corruption Commission Act 2011 is
repealed.
11 Section 32 substituted—Delegations
For section 32 of the Independent Broad-based
Anti-corruption Commission Act 2011
substitute—
30
"32 Delegations
(1) Subject to subsection (2), the IBAC, by
instrument, may delegate to—
(a) the Commissioner;
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(b) a Deputy Commissioner—
any duty, function or power of the IBAC
under this Act or any other Act.
(2) The IBAC can only delegate any duty,
function or power of the IBAC under
section 117(1), 141, 153(1), 156(1), 162
or 165 to the Commissioner.
5
(3) Subject to subsections (4), (5) and (6), the
Commissioner, by instrument, may delegate
to—
10
(a) a Deputy Commissioner;
(b) the Chief Executive Officer;
(c) a senior IBAC officer;
(d) a person appointed under section 36—
15
any duty, function or power of the
Commissioner, including any duty, function
or power delegated to the Commissioner
under subsection (1) but excluding those
specified in subsection (2).
20
(4) The Commissioner can only delegate any
duty, function or power of the Commissioner
under section 115 to a Deputy
Commissioner.
(5) The Commissioner can only delegate any
duty, function or power of the Commissioner
under sections 42(1), 42(3), 42(4), 42(5),
42(7), 47(2), 50(2), 73, 74, 75, 79(2), 81, 84,
85, 91, 119, 127(2), 127(8) and 139(1) to—
25
(a) a Deputy Commissioner;
30
(b) the Chief Executive Officer.
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(6) Despite subsection (5), the Commissioner,
by instrument, may delegate to a Deputy
Commissioner or the Chief Executive
Officer the power of the Commissioner
under section 85 on the condition that it is
only to be exercised by the delegate if—
5
(a) the Commissioner is absent or
unavailable; and
(b) the delegate reasonably believes that a
delay in the exercise of the power
would significantly limit the
effectiveness of the powers conferred
by Division 3 of Part 4.
10
(7) A Deputy Commissioner, by instrument,
may delegate to—
15
(a) a senior IBAC Officer;
(b) a person appointed under section 36—
any duty, function or power of the
Deputy Commissioner, including any
duty, function or power delegated to the
Deputy Commissioner under subsection (1)
or (3) but excluding those specified in
subsection (4) or (5).
20
(8) The Chief Executive Officer, by instrument,
may delegate to—
25
(a) a senior IBAC Officer;
(b) a person appointed under section 36—
any duty, function or power of the Chief
Executive Officer, including any duty,
function or power delegated to the Chief
Executive Officer under subsection (3) but
excluding those specified in subsection (5).
30
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(9) Despite subsection (3), if the Commissioner
has made a declaration of inability to act in
respect of a particular matter under
section 29, the Commissioner, by instrument,
may delegate to a sworn IBAC Officer who
would be qualified to be appointed under
section 20 to be the Commissioner, any duty,
function or power of the Commissioner,
including any duty, function or power
delegated to the Commissioner under
subsection (1), which the Commissioner
considers is necessary to enable that sworn
IBAC Officer to act in respect of that
particular matter.
5
10
15
20
25
30
(10) Despite subsection (3), if a sworn IBAC
Officer to whom section 61(1) applies is
conducting an investigation referred to in
section 61, the Commissioner, by instrument,
may delegate to that sworn IBAC Officer
any duty, function or power of the
Commissioner, including any duty, function
or power delegated to the Commissioner
under subsection (1), which the
Commissioner considers is necessary to
enable that sworn IBAC Officer to act in
respect of that particular investigation.
(11) A delegation under this section to a former
judge of the Supreme Court or the County
Court or a former Chief Magistrate does not
affect any pension or other rights or
privileges that the person has as a former
judge or Chief Magistrate.
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
5
(12) A delegation given under section 17 or 32 as
in force before the commencement of
sections 9 and 11 of the Integrity and
Accountability Legislation Amendment
(A Stronger System) Act 2015 which if
given after that commencement would not be
valid, continues in force until—
(a) the expiry of the period of 6 months
after that commencement; or
10
(b) it is revoked—
whichever first occurs.
15
(13) For the avoidance of doubt, a reference in
this section to the Commissioner includes a
reference to a person who is acting in the
office of the Commissioner.
Note
See sections 42 and 42A of the Interpretation of
Legislation Act 1984.".
12 Consequential amendment to section 37
20
25
In section 37(2) of the Independent Broad-based
Anti-corruption Commission Act 2011, after
"section 36" insert "or a person who is to be
appointed as an examiner under section 115".
13 Amendment of section 41—Disclosure or provision
of information by the IBAC
(1) In section 41(1)(d) of the Independent
Broad-based Anti-corruption Commission
Act 2011, after "officer" insert "or any other
appropriate senior officer".
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(2) After section 41(4) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"(4A) Subject to subsections (2) and (4), if—
5
(a) a House of the Parliament has by
resolution 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
10
(b) the Parliamentary Committee requests
the IBAC to provide or disclose any
information acquired by reason of, or in
the course of, preparing the report
which the Parliamentary Committee
considers may be necessary to
determine whether there has been a
breach of parliamentary privilege or
contempt of Parliament—
15
20
the IBAC may at its discretion comply with
the request.
25
(4B) The IBAC must not provide or disclose
information under subsection (4A) that is
likely to lead to the identification of a person
who has made an assessable disclosure.".
(3) In section 41(5) of the Independent Broad-based
Anti-corruption Commission Act 2011—
(a) in the definition of Royal Commission, for
"Crown." substitute "Crown;";
30
(b) insert the following definition—
"senior officer means a person who holds a
position or is a member of a class of
positions that is prescribed for the
purposes of this section;".
35
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14 Amendment of section 42—Confidentiality notice
(1) After section 42(1) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
5
"(1A) If during a preliminary inquiry the IBAC—
(a) has issued a witness summons to a
person; and
(b) considers on reasonable grounds that
the disclosure of one or more restricted
matters would be likely to prejudice the
preliminary inquiry—
10
the IBAC may issue a confidentiality notice
to the person (other than an IBAC Officer or
a Victorian Inspectorate Officer) specifying
the restricted matter or restricted matters in
accordance with this section.".
15
(2) In section 42 of the Independent Broad-based
Anti-corruption Commission Act 2011—
(a) in subsections (3), (4) and (5), after
"specified in subsection (1)" insert
", or in respect of a preliminary inquiry to
ensure that the matters specified in
subsection (1A),";
20
(b) in subsections (3) and (4), after
"under subsection (1)" insert "or (1A)".
25
(3) In section 42(9) of the Independent Broad-based
Anti-corruption Commission Act 2011—
(a) after "subsection (1)" insert "or (1A)";
(b) after "section" insert "59I, 59J,".
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15 Amendment of section 44—Disclosure subject to
confidentiality notice
5
In section 44(7) of the Independent Broad-based
Anti-corruption Commission Act 2011, after
"investigation" insert "or preliminary inquiry".
16 Amendment of section 47—Protected documents
and other things in proceedings, processes or actions
other than criminal proceedings
10
15
In section 47(2) of the Independent Broad-based
Anti-corruption Commission Act 2011, after
"thing that" insert "the protected person has
created or that".
17 Amendment of section 48—Production and
inspection of protected documents and things in
criminal proceedings
In section 48(1)(a) of the Independent
Broad-based Anti-corruption Commission
Act 2011, after "thing that" insert "the protected
person has created or that".
20
25
18 Amendment of section 56—The IBAC may receive
information
(1) In section 56(1) of the Independent Broad-based
Anti-corruption Commission Act 2011, after
"section 15(7)(a)" insert "or conducting a
preliminary inquiry under Division 3A".
(2) In section 56(3) of the Independent Broad-based
Anti-corruption Commission Act 2011, after
"functions" insert "or conducting a preliminary
inquiry under Division 3A".
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19 Amendment of section 57—Notifications to the
IBAC
5
10
For section 57(1) of the Independent
Broad-based Anti-corruption Commission
Act 2011 substitute—
"(1) Subject to any exemption notices issued
under section 57B, the relevant principal
officer must notify the IBAC of any matter
which the person suspects on reasonable
grounds involves corrupt conduct occurring
or having occurred.
(1A) Subsection (1) does not apply to—
(a) the Chief Commissioner of Police; or
(b) any person who is subject to a
mandatory notification provision
specified in paragraphs (b), (c), (d), (e),
(f), (g), (h) or (i) of the definition of
mandatory notification provision; or
15
(c) any matter involving corrupt conduct of
the IBAC or IBAC personnel.".
20
20 New sections 57A and 57B inserted
After section 57 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
25
"57A Directions
(1) The IBAC may issue Directions for or with
respect to notifications to the IBAC that are
made in accordance with a mandatory
notification provision.
30
(2) Without limiting the generality of
subsection (1), Directions may—
(a) specify the types of matters that must
be notified;
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(b) relate to a specified mandatory
notification provision or the obligations
of a specified person under a mandatory
notification provision;
5
(c) provide for the form, content and
method of notification;
(d) be of general or limited application;
(e) specify any other matter or thing which
the IBAC considers is necessary.
10
(3) Directions must be published in the
Government Gazette and on the IBAC's
Internet website as soon as is practicable
after they are made.
(4) Directions take effect—
15
(a) on the day after the Directions are
published in the Government Gazette;
or
(b) on any later day specified in the
Directions.
20
(5) A relevant principal officer, other than a
person specified in subsection (6), must
comply with Directions made under this
section.
(6) Directions made under this section do not
apply to—
25
(a) the Auditor-General;
(b) a Department Head of a Department of
the Parliament;
(c) the Electoral Commissioner;
30
(d) the Ombudsman.
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57B Exemption notice
(1) The IBAC may issue an exemption notice for
or with respect to a mandatory notification
provision.
5
(2) An exemption notice may specify the types
of matters that are not required to be notified
to the IBAC.
(3) An exemption notice must be published in
the Government Gazette and on the IBAC's
Internet website as soon as is practicable
after it is made.
10
(4) An exemption notice takes effect—
(a) on the day after the exemption notice is
published in the Government Gazette;
or
15
(b) on any later day specified in the
exemption notice.".
21 Amendment of section 59—Notice of dismissal,
investigation or referral of complaint or notification
20
25
(1) In section 59(1) of the Independent Broad-based
Anti-corruption Commission Act 2011 omit
"or notification".
(2) After section 59(3) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"(3A) Subject to subsection (4), the IBAC may
notify the person who made a notification to
the IBAC of the action referred to in
section 58 which the IBAC has taken.".
30
(3) In section 59(4) of the Independent Broad-based
Anti-corruption Commission Act 2011, for
"or (2)" substitute ", (2) or (3A)".
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22 New Division 3A inserted in Part 3—Preliminary
inquiries
5
After Division 3 of Part 3 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Division 3A—Preliminary inquiries
59A IBAC may conduct preliminary inquiry
The IBAC may conduct a preliminary
inquiry for the purpose of determining
whether to dismiss, refer or investigate a
complaint or notification under this Act.
10
59B IBAC may conduct a preliminary inquiry
as to own motion investigation
The IBAC may conduct a preliminary
inquiry for the purpose of determining
whether to conduct an own motion
investigation.
15
59C Parts 3 and 4 do not apply
(1) Parts 3 and 4 do not apply to, or in respect
of, a preliminary inquiry.
20
(2) For the avoidance of doubt, a preliminary
inquiry is not an investigation for the
purposes of the definition of prescribed
investigation within the meaning of the
Telecommunications (interception and
Access) Act 1979 of the Commonwealth in
so far as it relates to the IBAC.
25
59D Power to request information
(1) For the purposes of a preliminary inquiry,
the IBAC may request the relevant principal
officer of a public body to provide any
information that the IBAC requests that is
relevant to the preliminary inquiry.
30
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(2) A relevant principal officer who receives a
request under subsection (1)—
(a) must comply with the request within a
reasonable time, being not less than
7 days after receiving the request; and
5
(b) subject to subsection (3), is not required
to comply with the request if the
relevant principal officer advises the
IBAC of a reasonable excuse for not
doing so.
10
(3) A relevant principal officer who complies
with a request under this section and any
person who assists a relevant principal
officer in complying with this section has the
same protection and immunity as a person
appearing as a witness at an examination has
under section 149(2).
15
59E Power to issue witness summons
(1) For the purposes of a preliminary inquiry,
the IBAC may issue a witness summons to
any person requiring the person to attend at a
specified time and place on a specified date
to produce documents or other things to the
IBAC.
20
25
(2) The IBAC may, under subsection (1), issue a
witness summons directed to a person if
satisfied that it is reasonable to do so, having
regard to—
(a) whether the production of the document
or thing is necessary to determine
whether to conduct an investigation on
its own motion, dismiss, refer or
investigate a complaint or notification;
and
30
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(b) whether it is reasonably practicable to
obtain the information in the document
or thing by any other means; and
(c) the evidentiary or intelligence value of
the information, document or thing
sought to be obtained from the person;
and
5
(d) the age of the person and any mental
impairment to which the person is
known or believed to be subject.
10
(3) The IBAC must not issue a witness
summons to a person who is under the age of
18 years unless the IBAC considers on
reasonable grounds that—
15
(a) the information, document or thing that
the person could provide may be
compelling and probative evidence; and
(b) it is not practicable to obtain the
information, document or thing by any
other means.
20
(4) If a person is issued with a witness summons
referred to in subsection (1), the IBAC may
excuse that person from attendance if the
person produces the required documents or
things to the IBAC before the time and date
for production specified in the witness
summons in accordance with any directions
given by the IBAC.
25
59F Content and form of witness summons
30
(1) A witness summons must require the person
to whom it is directed to attend at a specified
time and place on a specified date to produce
to the IBAC any documents or other things
described in the witness summons that are in
the person's possession or control.
35
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(2) A witness summons must—
(a) be in the prescribed form; and
(b) be accompanied by a copy of any
relevant confidentiality notice; and
5
(c) be accompanied by a statement setting
out the matters specified in
subsection (3).
(3) A statement referred to in subsection (2)(c)
must include the following—
10
(a) that failure to comply with the witness
summons may be an offence and
penalties may apply;
(b) that if the person summoned is under
the age of 16 years at the date of issue
of the witness summons, the person
need not comply with the witness
summons, subject to the requirements
of section 59H;
15
(c) that the person is entitled to seek legal
advice in relation to the witness
summons;
20
(d) that a person may claim a privilege;
(e) that the person has a right to complain
to the Victorian Inspectorate;
25
(f) any other prescribed matter.
59G IBAC to report to Victorian Inspectorate
on issue of witness summonses
Within 3 days after the issue of a witness
summons, the IBAC must give a written
report to the Victorian Inspectorate
specifying—
30
(a) the name of the person summoned;
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(b) the reasons why the witness summons
was issued.
59H Witness summons directed to person
under 16 years
5
(1) A witness summons directed to a person
under the age of 16 years at the date of issue
of the witness summons has no effect.
(2) A person who claims to be under the age of
16 years at the date of issue of a witness
summons directed to the person must
provide proof of age in accordance with the
regulations to the IBAC.
10
59I Service of witness summons
(1) Subject to subsection (2), a witness
summons must be served at a reasonable
time, being not less than 7 days, before the
date on which the person is required to
attend or otherwise comply with the witness
summons.
15
20
(2) The IBAC may issue a witness summons
requiring immediate attendance by a person
before the IBAC if the IBAC considers on
reasonable grounds that a delay in the
person's attendance is likely to result in—
25
(a) evidence being lost or destroyed; or
(b) the commission of an offence; or
(c) the escape of the person who is
summoned; or
(d) serious prejudice to the conduct of the
preliminary inquiry to which the
witness summons relates.
30
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(3) A witness summons directed to a natural
person must be served by serving a copy of
the witness summons to the person
personally.
5
(4) 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.
10
(5) Subsection (4) is in addition to, and not in
derogation of, sections 109X and 601CX of
the Corporations Act.
15
59J Supreme Court may order service by
other means
(1) If it appears that it is not reasonably
practicable to serve a witness summons in
accordance with section 59I, the IBAC may
apply to the Supreme Court for an order that
the witness summons be served by another
means.
20
(2) On an application under subsection (1), if the
Supreme Court is satisfied that it is not
reasonably practicable to serve a witness
summons in accordance with section 59I, the
Court may—
25
(a) order that the witness summons be
served by any other means the Court
considers appropriate; or
30
(b) make an order for substituted service.
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59K Actions to be taken before requiring
production of a document or other thing
Before a witness summoned to attend a
preliminary inquiry is required to produce a
document or other thing, the IBAC must—
5
(a) confirm the age of a witness if the
IBAC considers that a witness may be
under the age of 18 years;
(b) release any witness under the age of
16 years from compliance with any
witness summons;
10
(c) inform the witness orally and in writing
of the person's rights and obligations as
specified in section 59F(3) unless the
witness informs the IBAC that—
15
(i) an Australian legal practitioner
has explained the statement
referred to in section 59F(2)(c) to
the witness before the
examination; and
20
(ii) the witness does not wish to be
informed of the statement referred
to in section 59F(2)(c) again;
(d) inform an Australian legal practitioner
who is representing a witness or other
person at the examination of any
non-disclosure requirements that apply
under the Act and, in the case of an
investigation of a protected disclosure
complaint, the confidentiality
requirements under the Protected
Disclosure Act 2012;
25
30
(e) take any other actions prescribed for the
purposes of this subsection.
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59L Procedure for determining claims of
privilege or claims of a secrecy
requirement
(1) This section applies if a person claims on
production of a document or other thing,
before the IBAC that—
5
(a) the document or other thing is the
subject of privilege; or
(b) the document or other thing cannot be
disclosed due to a secrecy requirement
of any enactment or other law that
applies to the person.
10
(2) A person making a claim to which this
section applies must attend before the IBAC
in accordance with the witness summons.
15
(3) The IBAC must consider the claim of
privilege or application of the secrecy
requirement and either—
(a) withdraw the requirement to produce
the document or other thing over which
the claim is made; or
20
(b) not withdraw the requirement and
require the claimant to immediately
seal the document or other thing in an
envelope, or otherwise secure it if it
cannot be sealed in an envelope, and
give it to the IBAC.
25
(4) The IBAC must not inspect the document or
other thing in considering the claim.
30
(5) If the IBAC does not withdraw the
requirement to produce the document or
other thing the IBAC must—
(a) apply to the Supreme Court in
accordance with section 59M for
determination of the claim of privilege
35
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or application of the secrecy
requirement; and
(b) if the IBAC requires the claimant to
give the document or other thing to the
IBAC under subsection (3)(b), the
IBAC must immediately give the sealed
envelope or the document or other thing
otherwise secured to the proper court
officer of the Supreme Court to be held
in safe custody.
5
10
(6) Subject to section 59N, a person must not
open a sealed envelope or interfere with a
document or other thing secured otherwise
than in an envelope before delivery to the
proper officer of the Supreme Court.
15
59M Application to Supreme Court to
determine privilege or application of
secrecy requirement
(1) Within 7 days after the IBAC gives the
sealed envelope or the document or other
thing secured otherwise than in an envelope
to the proper officer under section 59L, the
IBAC may apply to the Supreme Court for a
determination of—
20
25
(a) a claim of privilege under this Division;
(b) the application of a secrecy requirement
under any enactment or other law.
(2) If no application is made under
subsection (1) within the period of 7 days,
the proper officer of the Supreme Court must
return the document or other thing to the
claimant.
30
(3) The IBAC must give notice of the
application to the claimant within a
reasonable time before the hearing of the
application.
35
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(4) Notice under subsection (3) must be in the
prescribed form.
(5) The claimant is entitled to appear and be
heard on the hearing of the application.
5
59N Determination of claim
(1) On an application under section 59M, the
Supreme Court must determine whether or
not the document or other thing in the sealed
envelope or secured otherwise than in an
envelope is the subject of—
10
(a) privilege; or
(b) any secrecy requirement under an
enactment or other law.
(2) For the purposes of making a determination
under subsection (1), the Judge constituting
the Supreme Court and any other person
authorised by the Court may—
15
(a) open the sealed envelope or access the
document or other thing secured
otherwise than in an envelope; and
20
(b) inspect the document or other thing.
(3) If the Court determines that the document or
other thing is the subject of privilege or a
secrecy requirement under an enactment or
other law—
25
(a) the Court must order that the document
or other thing be returned to the
claimant; and
(b) the proper officer must return the
document or other thing to the
claimant.
30
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(4) If the Court determines that the document or
other thing is not the subject of privilege or a
secrecy requirement under an enactment or
other law—
5
(a) the Court must order that the document
or other thing be given to the IBAC;
and
(b) the proper officer must release the
document or other thing accordingly.
10
(5) Subject to subsection (2), a person must not
open a sealed envelope or otherwise have
access to the document or other thing
contained in the sealed envelope before—
(a) the Court determines the claim of
privilege or the application of a secrecy
requirement to it; or
15
(b) the document or other thing is returned
to the claimant.
Penalty: 120 penalty units or imprisonment
for 12 months or both.
20
(6) Subject to subsection (2), a person must not
open or otherwise have access to a document
or other thing secured otherwise than in an
envelope before—
25
(a) the Court determines the claim of
privilege or the application of a secrecy
requirement to it; or
(b) the document or other thing is returned
to the claimant.
30
Penalty: 120 penalty units or imprisonment
for 12 months or both.
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59O Offence for summoned witness to fail to
produce document or other thing
(1) A person who is duly served with a witness
summons to attend and produce a document
or other thing must not, without reasonable
excuse, refuse or fail to produce a document
or other thing that he or she was required to
produce by the witness summons.
5
Penalty: In the case of a natural person,
60 penalty units or imprisonment
for 6 months or both;
10
In the case of a body corporate,
300 penalty units.
Note
15
Section 185 applies to an offence against this
subsection.
(2) For the purposes of the application of
subsection (1)—
(a) a claim of privilege; or
20
(b) a claim that the document or other thing
cannot be disclosed due to a secrecy
requirement of any enactment or other
law that applies to the person—
is a reasonable excuse for not complying
with a witness summons issued under this
Division.
25
59P Prohibitions applying to the IBAC
The IBAC must not for the purposes of
conducting a preliminary inquiry—
30
(a) make an application for the issue of a
surveillance device warrant under
section 15 of the Surveillance Devices
Act 1999; or
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(b) authorise or conduct a controlled
operation under the Crimes
(Controlled Operations) Act 2004.".
5
23 Amendment of section 60—Conducting
investigations about corrupt conduct
(1) For section 60(2) of the Independent
Broad-based Anti-corruption Commission
Act 2011 substitute—
10
15
"(2) The IBAC must not conduct an investigation
under subsection (1) unless the IBAC
suspects on reasonable grounds that the
conduct constitutes corrupt conduct.".
(2) In section 60(5) of the Independent Broad-based
Anti-corruption Commission Act 2011 omit
"serious".
24 Amendment of section 66—Conducting
investigations into protected disclosure complaints
about detrimental action
20
In section 66(3) of the Independent Broad-based
Anti-corruption Commission Act 2011—
(a) for "is reasonably satisfied" substitute
"suspects on reasonable grounds";
(b) omit "serious".
25
25 Amendment of section 68—When certain
complaints or notifications to the IBAC are
dismissed
In section 68(2) of the Independent Broad-based
Anti-corruption Commission Act 2011—
(a) in paragraph (d), for "trivial; or" substitute
"trivial.";
30
(b) paragraph (e) is repealed.
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26 Amendment of section 73—Referral of complaint or
notification for investigation by another person or
body
5
In section 73(2) of the Independent Broad-based
Anti-corruption Commission Act 2011—
(a) paragraph (ea) is repealed;
(b) after paragraph (h) insert—
"(ha) the Chief Municipal Inspector
appointed under section 223A of the
Local Government Act 1989;
10
(hb) a municipal monitor appointed under
section 223CA of the Local
Government Act 1989;".
15
27 Amendment of section 85—The Commissioner must
authorise use of powers under this Division
(1) In the heading to section 85 of the Independent
Broad-based Anti-corruption Commission
Act 2011, for "IBAC" substitute
"Commissioner".
20
(2) The note to section 85 of the Independent
Broad-based Anti-corruption Commission
Act 2011 is repealed.
28 Amendment of section 91—Search warrant
25
(1) In section 91 of the Independent Broad-based
Anti-corruption Commission Act 2011—
(a) in subsection (1) for "subsection (1)"
substitute "subsections (2) and (8)";
(b) in subsections (1) and (3), after "Court"
insert "or a magistrate";
30
(c) in subsection (3), after "the Judge" insert
"or the magistrate".
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(2) The note to section 91(2) of the Independent
Broad-based Anti-corruption Commission
Act 2011 is repealed.
5
(3) After section 91(7) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"(8) An authorised officer must apply to a Judge
of the Supreme Court for a search warrant
if—
10
(a) it relates to an investigation of a
judicial officer; or
(b) it is to enter and search—
(i) court premises; or
(ii) any vehicle on court premises.
15
(9) In this section, court premises has the same
meaning as it has in the Court Security
Act 1980.".
29 Amendment of section 115—Power to hold
examinations
20
25
At the end of section 115 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"(2) The IBAC may appoint a person as an
examiner to preside at any examination if the
person—
(a) would be eligible to be appointed to be
the Commissioner in accordance with
section 20(2); and
(b) has taken an oath or made an
affirmation under section 37.
30
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(3) A consultant appointed under section 36 may
be appointed as an examiner if the consultant
meets the criteria specified in subsection (2).
(4) A person appointed under subsection (2)
may perform any function or exercise any
power that the IBAC has under this Part
other than under section 115, 117, 132(1),
141, 153(1) or 156(1).
5
(5) A person appointed under subsection (2)
may exercise the powers specified in
section 132 as if the person was an IBAC
officer authorised to do so by the
Commissioner under section 132(1).
10
(6) For the avoidance of doubt, a person
appointed to preside at any examination may
preside at a public examination.
15
(7) The IBAC must as soon as practicable notify
the Victorian Inspectorate of any
appointment made under subsection (2).
20
(8) A notice under subsection (7) must specify
details of the following—
(a) the person appointed;
(b) the reasons for the appointment.".
25
30 Amendment of section 118—Offence to be present
at examination
At the end of section 118 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
30
"(2) In this section, present includes being
remotely present.".
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
31 Amendment of section 119—The IBAC may give
directions
5
After section 119(1) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"(1A) For the purposes of subsection (1), a
direction under subsection (1) may provide
that a person may be remotely present during
an examination or part of an examination.".
10
32 Amendment of section 124—Service of witness
summons
For section 124(4) of the Independent
Broad-based Anti-corruption Commission
Act 2011 substitute—
15
20
"(4) 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.".
33 Amendment of section 126—Witness already held in
custody
25
In section 126(4) of the Independent
Broad-based Anti-corruption Commission
Act 2011 omit "to whom a direction under
subsection (1) applies".
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
34 New section 129A inserted—The IBAC may issue
suppression order
5
After section 129 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"129A The IBAC may issue suppression order
(1) The IBAC may issue a suppression order
prohibiting or restricting the publication of
any information or evidence given during a
public examination if the IBAC considers
that the suppression order is necessary—
10
(a) to prevent prejudice or hardship being
caused to any person, including harm to
their safety or reputation; or
15
(b) to avoid the possibility of any prejudice
to legal proceedings; or
(c) for any other reason having regard to
all the circumstances.
(2) A suppression order must specify the ground
on which it is made.
20
(3) The IBAC must cause a copy of the
suppression order to be placed on the door of
the place where the public examination is
being held.
25
30
(4) The IBAC must take reasonable steps,
including by publishing notice of the making
of the suppression order on the IBAC's
website, to notify any relevant person or
body corporate that a suppression order has
been made.
35
(5) If the suppression order is made in relation to
information or evidence that is given by the
IBAC to another person, the IBAC must
cause a copy of the suppression order to be
given to that person.
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(6) A suppression order made under this section
is not a legislative instrument within the
meaning of the Subordinate Legislation
Act 1994.
5
(7) A person must not engage in conduct that
constitutes a contravention of a suppression
order that is in force under this section if the
person—
(a) knows that the suppression order is in
force; or
10
(b) is reckless as to whether the
suppression order is in force.
Penalty: In the case of a natural person,
600 penalty units or imprisonment
for 5 years;
15
In the case of a body corporate,
3000 penalty units.
Note
Section 185 applies to an offence against this
subsection.
20
(8) An offence against subsection (7) is an
indictable offence.".
25
35 Amendment of section 130—Actions to be taken
before questioning of a witness or requiring
production of a document or other thing
For section 130(1)(c) of the Independent
Broad-based Anti-corruption Commission
Act 2011 substitute—
30
"(c) inform the witness orally and in writing of
the person's rights and obligations as
specified in section 121(4) unless the witness
informs the IBAC that—
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Bill 2015
Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(i) an Australian legal practitioner has
explained the statement referred to in
section 121(3)(c) to the witness before
the examination; and
5
(ii) the witness does not wish to be
informed of the statement referred to in
section 121(3)(c) again;".
36 Amendment of section 136—Offence for summoned
witness to refuse or fail to answer question
10
15
20
At the end of section 136 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"(2) If a question that a witness is required to
answer by the IBAC is relevant in any
respect to the subject matter of the
investigation, it is not a reasonable excuse to
refuse or fail to answer the question on the
ground that the question does not relate to
the direct involvement of the witness in
identified corrupt conduct.".
37 Amendment of section 139—Warrant to arrest
witness who fails to appear
25
In section 139(1) and (2) of the Independent
Broad-based Anti-corruption Commission
Act 2011, after "Court" insert "or a magistrate".
38 Amendment of section 140—Bail for person
arrested
30
In section 140 of the Independent Broad-based
Anti-corruption Commission Act 2011, after
"Court" (wherever occurring) insert "or the
Magistrates' Court".
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Bill 2015
Part 2—Independent Broad-based Anti-corruption Commission Act 2011
39 Amendment of section 142—Report to Victorian
Inspectorate on issue of arrest warrant
5
For section 142(b) of the Independent
Broad-based Anti-corruption Commission
Act 2011 substitute—
"(b) the reasons in summary form as to why the
IBAC applied for the issue of a search
warrant.".
10
40 Section 150 substituted—Reimbursement of
expenses of certain witnesses
For section 150 of the Independent Broad-based
Anti-corruption Commission Act 2011
substitute—
15
"150 Reimbursement of expenses of certain
witnesses
A person appearing as a witness in an
examination who is entitled to a
reimbursement of expenses in accordance
with the regulations must be paid an amount
for any expenses incurred by that appearance
as provided in the prescribed scale.".
20
41 Amendment of section 151—Provision of legal
assistance to witnesses
25
30
After section 151(2) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"(2A) The prescribed person, by instrument, may
delegate to any employee or class of
employees employed under Part 3 of the
Public Administration Act 2004 any power
of the prescribed person under this section.
Note
See sections 42 and 42A of the Interpretation of
Legislation Act 1984.".
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
42 Amendment of section 163—Advice to a
complainant and other persons
5
(1) In section 163(3) of the Independent
Broad-based Anti-corruption Commission
Act 2011—
(a) omit "written";
(b) in paragraph (a) after "officer" insert
"or any other appropriate senior officer".
10
15
(2) After section 163(8) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"(9) For the purposes of this section, senior
officer means a person who holds a position
or is a member of a class of positions that is
prescribed for the purposes of this section.".
43 Amendment of section 180—Offence to hinder or
obstruct an IBAC officer
20
In section 180 of the Independent Broad-based
Anti-corruption Commission Act 2011, for "5"
substitute "6".
44 Section 185 substituted
For section 185 of the Independent Broad-based
Anti-corruption Commission Act 2011
substitute—
25
"185 Criminal liability of officers of bodies
corporate—accessorial liability
(1) If a body corporate commits an offence
against a provision specified in
subsection (2), an officer of the body
corporate also commits an offence against
the provision if the officer—
30
(a) authorised or permitted the commission
of the offence by the body corporate; or
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Bill 2015
Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(b) was knowingly concerned in any way
(whether by act or omission) in the
commission of the offence by the body
corporate.
5
(2) For the purposes of subsection (1), the
following provisions are specified—
(a) section 44(1);
(b) section 44(6);
(c) section 44(7);
10
(d) section 54(7);
(e) section 59O(1);
(f) section 129A(7);
(g) section 135(1);
(h) section 135(2);
15
(i) section 136;
(j) section 137;
(k) section 166;
(l) section 179;
(m) section 180;
20
(n) section 181;
(o) section 182;
(p) section 183(1);
(q) section 184(1);
(r) section 184(2);
25
(s) section 184(3);
(t) section 184(4).
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(3) Without limiting any other defence available
to the officer, an officer of a body corporate
may rely on a defence that would be
available to the body corporate if it were
charged with the offence with which the
officer is charged and, in doing so, the
officer bears the same burden of proof that
the body corporate would bear.
5
(4) An officer of a body corporate may commit
an offence against a provision specified in
subsection (2) whether or not the body
corporate has been prosecuted for, or found
guilty of, an offence against that provision.
10
(5) In this section—
15
body corporate has the same meaning as
corporation has in section 57A of the
Corporations Act;
officer in relation to a body corporate
means—
20
(a) a person who is an officer
(as defined by section 9 of the
Corporations Act) of the body
corporate; or
(b) a person (other than a person
referred to in paragraph (a)), by
whatever name called, who is
concerned in, or takes part in, the
management of the body
corporate.
25
30
(6) This section does not affect the operation of
section 323 or 324 of the Crimes
Act 1958.".
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
45 Amendment of section 196—Regulations—specific
matters
In section 196 of the Independent Broad-based
Anti-corruption Commission Act 2011—
5
(a) after paragraph (f) insert—
"(fa) a person or body for the purposes of the
definition of senior officer in
section 41(5);";
(b) after paragraph (n) insert—
10
"(na) a person or body for the purposes of the
definition of senior officer in
section 163(9);";
46 Insertion of notes
15
(1) At the note at the foot of section 44(1) of the
Independent Broad-based Anti-corruption
Commission Act 2011 insert—
"Note 2
Section 185 applies to an offence against this subsection.".
20
(2) At the foot of section 44(6) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
Section 185 applies to an offence against this subsection.".
25
(3) At the foot of section 44(7) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
Section 185 applies to an offence against this subsection.".
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(4) At the foot of section 54(7) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
5
Section 185 applies to an offence against this subsection.".
(5) At the foot of section 135(1) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
10
Section 185 applies to an offence against this subsection.".
(6) At the foot of section 135(2) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
15
Section 185 applies to an offence against this subsection.".
(7) At the foot of section 136 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
20
Section 185 applies to an offence against this section.".
(8) At the foot of section 137 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
25
Section 185 applies to an offence against this section.".
(9) At the foot of section 166 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
30
Section 185 applies to an offence against this section.".
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(10) At the foot of section 179 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
5
Section 185 applies to an offence against this section.".
(11) At the foot of section 180 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
10
Section 185 applies to an offence against this section.".
(12) At the foot of section 181 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
15
Section 185 applies to an offence against this section.".
(13) At the foot of section 182 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
20
Section 185 applies to an offence against this section.".
(14) At the foot of section 183(1) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
25
Section 185 applies to an offence against this subsection.".
(15) At the foot of section 184(1) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
30
Section 185 applies to an offence against this subsection.".
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
(16) At the foot of section 184(2) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
5
Section 185 applies to an offence against this subsection.".
(17) At the foot of section 184(3) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
10
Section 185 applies to an offence against this subsection.".
(18) At the foot of section 184(4) of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"Note
15
Section 185 applies to an offence against this subsection.".
47 Amendment of section 189—Power to bring
proceedings
20
At the end of section 189 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
"(2) The Commissioner may authorise a sworn
IBAC officer or a police officer to bring
proceedings for an offence under this Act or
the regulations.".
25
48 Amendment of section 190—Power for the IBAC to
bring criminal proceedings
At the end of section 190 of the Independent
Broad-based Anti-corruption Commission
Act 2011 insert—
30
"(2) The Commissioner may authorise a sworn
IBAC officer to bring proceedings for an
offence in relation to any matter arising out
of an IBAC investigation.".
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Part 2—Independent Broad-based Anti-corruption Commission Act 2011
49 Amendments relating to the Legal Profession
Uniform Law (Victoria)
5
10
15
(1) In section 23(2) of the Independent Broad-based
Anti-corruption Commission Act 2011 omit
"within the meaning of the Legal Profession
Act 2004".
(2) In the note to section 24(13)(a) of the
Independent Broad-based Anti-corruption
Commission Act 2011, for "Legal Profession
Act 2004" substitute "Legal Profession Uniform
Law (Victoria)".
(3) In section 49(2) of the Independent Broad-based
Anti-corruption Commission Act 2011, for
"Legal Profession Act 2004" substitute
"Legal Profession Uniform Law (Victoria)".
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Part 3—Audit Act 1994
Part 3—Audit Act 1994
50 Amendment of section 16AB—Transmission of
reports to Parliament
5
For section 16AB(8) of the Audit Act 1994
substitute—
"(8) For the purposes of this section, Parliament
is in recess when neither House is sitting.".
51 Amendment of section 19A—Mandatory
notification of corrupt conduct to IBAC
10
15
20
(1) For section 19A(1) of the Audit Act 1994
substitute—
"(1) Subject to any exemption notice issued
under section 57B of the Independent
Broad based Anti-corruption Commission
Act 2011, the Auditor-General must notify
the IBAC of any matter that the AuditorGeneral suspects on reasonable grounds
involves corrupt conduct occurring or having
occurred, that the Auditor-General becomes
aware of in the performance of functions or
the exercise of powers under this Act or any
other Act.".
(2) In section 19A(4) of the Audit Act 1994 omit
"serious".
25
52 Amendment of section 19B—Mandatory notification
to Victorian Inspectorate
In section 19B(1)(a) of the Audit Act 1994,
for "conduct" (where first and secondly occurring)
substitute "misconduct".
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Part 3—Audit Act 1994
53 Amendment of section 19C—Communication of
information to specified persons or bodies
(1) After section 19C(1) of the Audit Act 1994
insert—
5
10
"(1A) Subsection (1) applies to the provision or
disclosure of information specified in that
subsection despite anything to the contrary
in section 12(2) except in respect of
information that, but for section 12(1), could
not have been lawfully provided or disclosed
because Cabinet confidentiality applies.".
(2) For section 19C(2)(d) of the Audit Act 1994
substitute—
"(d) Victoria Police;".
15
(3) For section 19C(2)(f) of the Audit Act 1994
substitute—
"(f) the Commissioner for Privacy and Data
Protection established under section 95 of
the Privacy and Data Protection Act 2014;
20
(g) the Commission for Children and Young
People established under section 6 of the
Commission for Children and Young
People Act 2012;
(h) the Chief Municipal Inspector appointed
under section 223A of the Local
Government Act 1989;
25
(i) a municipal monitor appointed under
section 223CA of the Local Government
Act 1989;
30
(j) the Victorian WorkCover Authority within
the meaning of the Workplace Injury
Rehabilitation and Compensation
Act 2013;
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Part 3—Audit Act 1994
(k) the Environment Protection Authority
established under section 5 of the
Environment Protection Act 1970;
(l) the Racing Integrity Commissioner
established under section 37A of the Racing
Act 1958;
5
(m) the Australian Federal Police constituted
under section 6 of the Australian Federal
Police Act 1979 of the Commonwealth;
10
(n) the police force or police service (however
described) of another State or a Territory;
(o) any other prescribed person or body.".
(4) For section 19C(3) of the Audit Act 1994
substitute—
15
20
"(3) Subsection (1) applies subject to any other
restriction on the provision or disclosure of
information under this Act or any other Act
or any Commonwealth Act.".
54 Amendment of section 20A—Improper use of
information
(1) In section 20A(3) of the Audit Act 1994,
after "16F" insert "or 19C".
(2) After section 20A(3) of the Audit Act 1994
insert—
25
"(4) Subsection (1) does not apply to the
provision or disclosure of information by
the Auditor-General in accordance with
section 16F or 19C.".
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Part 4—Ombudsman Act 1973
Part 4—Ombudsman Act 1973
55 Amendment of section 2—definitions
In section 2(1) of the Ombudsman Act 1973—
(a) insert the following definition—
5
"police personnel misconduct has the same
meaning as it has in section 3(1) of the
Independent Broad-based
Anti-corruption Commission
Act 2011;";
10
(b) in the definition of restricted matter—
(i) for paragraph (a) substitute—
"(a) any evidence or information given
to, or obtained by, the
Ombudsman;";
15
(ii) in paragraph (b), after "person" insert
", or obtained by the Ombudsman,".
56 Amendment of section 13A—Conducting of
enquiries
20
(1) In section 13A(1) of the Ombudsman
Act 1973—
(a) in paragraph (a) omit "(other than an
investigation on a protected disclosure
complaint)";
(b) in paragraph (b), after "matter" insert
"(other than a protected disclosure
complaint)".
25
(2) In section 13A(3) of the Ombudsman Act 1973,
after "authority" insert "or a protected disclosure
entity".
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Part 4—Ombudsman Act 1973
57 Amendment of section 14—Making a complaint
For section 14(2) of the Ombudsman Act 1973
substitute—
5
"(2) 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—
(a) confirming that the complainant wants
the Ombudsman to consider the
complaint; and
10
(b) specifying the details of the
complaint.".
15
58 Amendment of section 15—How the Ombudsman is
to deal with certain complaints
(1) For the heading to section 15 of the Ombudsman
Act 1973 substitute—
"15 How the Ombudsman is to deal with
certain complaints".
20
25
30
(2) For section 15(1) of the Ombudsman Act 1973
substitute—
"(1) The Ombudsman must not deal with a
complaint that involves police personnel
conduct, other than to notify the IBAC or the
Victorian Inspectorate under Division 2C.
(1A) Subject to subsection (1B), the Ombudsman
must not 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.
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Part 4—Ombudsman Act 1973
5
10
(1B) If the IBAC notifies the Ombudsman that it
has determined under section 58 of the
Independent Broad-based Anti-corruption
Commission Act 2011 to investigate a
matter involving corrupt conduct or to refer
it to another body, the Ombudsman must not
continue to deal with a complaint that
involves the matter or continue to conduct an
investigation in relation to the matter
unless—
(a) the IBAC and the Ombudsman agree,
to the extent and subject to the
conditions agreed; or
(b) where the IBAC refers the matter to
another body under section 73 of the
Independent Broad-based
Anti-corruption Commission
Act 2011, to the extent of the referral;
or
15
20
(c) the IBAC completes or discontinues its
investigation into the matter.".
59 Amendment of section 15A—Ombudsman may
refuse to deal with certain complaints
25
After section 15A(2) of the Ombudsman
Act 1973 insert—
"(3) The Ombudsman may refuse to deal with a
complaint if the complainant fails to
comply with a requirement made under
section 14(2).".
30
60 Amendment of section 15C—Ombudsman must
investigate protected disclosure complaints
In section 15C of the Ombudsman Act 1973,
for "and 15E" substitute ", 15E and 17".
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Part 4—Ombudsman Act 1973
61 Amendment of section 15E—Ombudsman may
refuse to investigate certain protected disclosure
complaints
5
After section 15E(1)(c) of the Ombudsman
Act 1973 insert—
"(ca) the conduct which is the subject of the
protected disclosure complaint does not
amount to improper conduct; or
10
15
(cb) the conduct which is the subject of the
protected disclosure complaint does not
amount to detrimental action against a
person in contravention of section 45 of the
Protected Disclosure Act 2012; or".
62 Amendment of section 16A—Ombudsman may
conduct own motion investigation
For section 16A(2) of the Ombudsman Act 1973
substitute—
20
"(2) 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 under Division 2C.
25
Note
See also section 16D.
30
35
(2A) If the IBAC notifies the Ombudsman that it
has determined under section 58 of the
Independent Broad-based Anti-corruption
Commission Act 2011 to investigate a
matter or to refer it to another body, the
Ombudsman must not conduct, or continue
to conduct, an own motion investigation into
any administrative action that involves the
matter unless—
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(a) the IBAC and the Ombudsman agree,
to the extent and subject to the
conditions agreed; or
(b) where the IBAC refers the matter to
another body under section 73 of the
Independent Broad-based
Anti-corruption Commission
Act 2011, to the extent of the referral;
or
5
10
(c) the IBAC completes or discontinues its
investigation into the matter.".
63 Amendment of section 16E—Notification to IBAC
(1) For section 16E(1) of the Ombudsman Act 1973
substitute—
15
"(1) Subject to any exemption notice issued under
section 57B of the Independent
Broad-based Anti-corruption Commission
Act 2011, the Ombudsman must notify the
IBAC of the following—
20
(a) a complaint or referred matter that the
Ombudsman suspects on reasonable
grounds involves corrupt conduct or
police personnel misconduct occurring
or having occurred;
25
(b) 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 this Act.".
30
35
(2) In section 16E(4) of the Ombudsman Act 1973,
omit "serious".
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64 Amendment of section 16F—Notification to the
Victorian Inspectorate
In section 16F of the Ombudsman Act 1973—
(a) in subsection (1)(a), for "conduct" substitute
"misconduct";
5
(b) in subsection (1)(b), for "conduct"
(where first occurring) substitute
"misconduct";
(c) in subsection (2), for "conduct" substitute
"misconduct".
10
65 Amendment of section 16L—Disclosure of
information by the Ombudsman
(1) For section 16L(2)(d) of the Ombudsman
Act 1973 substitute—
15
"(d) Victoria Police;".
(2) For section 16L(2)(f), (g), (h) and (i) of the
Ombudsman Act 1973 substitute—
20
"(f) the Commission for Children and Young
People established under section 6 of the
Commission for Children and Young
People Act 2012;
(g) the Chief Municipal Inspector appointed
under section 223A of the Local
Government Act 1989;
25
(h) a municipal monitor appointed under
section 223CA of the Local Government
Act 1989;
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(i) the Victorian WorkCover Authority within
the meaning of the Workplace Injury
Rehabilitation and Compensation
Act 2013;
5
(j) the Environment Protection Authority
established under section 5 of the
Environment Protection Act 1970;
(k) the Racing Integrity Commissioner
established under section 37A of the Racing
Act 1958;
10
(l) the Australian Federal Police constituted
under section 6 of the Australian Federal
Police Act 1979 of the Commonwealth;
15
(m) the police force or police service (however
described) of another State or a Territory;
(n) a responsible Minister of the Crown;
(o) any authority or its principal officer;
(p) a person or body prescribed by Rules of
Parliament made under this Act.".
20
(3) After section 16L(3) of the Ombudsman
Act 1973 insert—
"(4) If—
(a) a House of the Parliament has by
resolution 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
25
30
(b) the Parliamentary Committee requests
the Ombudsman to provide or disclose
any information received or obtained in
the course of preparing the report which
the Parliamentary Committee considers
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may be necessary to determine whether
there has been a breach of
parliamentary privilege or contempt of
Parliament—
5
the Ombudsman may at his or her discretion
comply with the request.
(5) The Ombudsman must not provide or
disclose information under subsection (4)
that is likely to lead to the identification of a
person who has made an assessable
disclosure.".
10
66 New section 16M inserted—Disclosure of
information for specified purposes
15
After section 16L of the Ombudsman Act 1973
insert—
"16M Disclosure of information for specified
purposes
(1) Subject to subsection (2), the Ombudsman
may provide or disclose information received
or obtained in the course of the performance
of duties and functions or the exercise of
powers under this Act—
20
(a) to the public, being information which
relates to the commencement or
progress of an own motion
investigation and the Ombudsman is
satisfied that the information does not
include any information that—
25
30
(i) is likely to lead to the
identification of a person; or
35
(ii) is adverse to an authority unless
the information is already in the
public domain or the authority has
consented to the information being
provided or disclosed; or
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(b) to a person, body or authority that the
Ombudsman considers appropriate
where the Ombudsman considers that
the provision or disclosure of the
information is necessary to prevent or
lessen the risk of harm to a person's
health, safety or welfare; or
5
(c) to an authority where the Ombudsman
considers that the provision or
disclosure of the information is
necessary to assist the authority to
improve its administrative practices and
procedures and the Ombudsman is
satisfied that the information does not
include any information that is likely to
lead to the identification of any person.
10
15
(2) The Ombudsman must not provide or
disclose any information under this section
that includes—
20
(a) any information that the Ombudsman
considers would prejudice any criminal
proceedings or criminal investigations,
or investigations by the Ombudsman,
the IBAC or the Victorian Inspectorate;
or
25
(b) any information, or information in any
document, referred to in section 19,
19A or 19B; or
(c) a finding or an opinion that a specified
person is guilty of or has committed, is
committing or is about to commit an
offence; or
30
(d) a recommendation that a specified
person be, or an opinion that a specified
person should be, prosecuted for an
offence; or
35
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(e) any information that—
(i) is likely to lead to the
identification of a person who has
made an assessable disclosure;
and
5
(ii) is not information to which
section 53(2)(a), (c) or (d) of the
Protected Disclosure Act 2012
applies.
10
(3) The operation of this section is not limited
by sections 16L and 26A.".
67 Amendment of section 17—Procedure relating to
investigations
15
After section 17(6A) of the Ombudsman
Act 1973 insert—
"(6B) The Ombudsman may at any time during an
investigation discontinue the investigation if
in all the circumstances the Ombudsman
considers that—
20
(a) a ground specified in section 15A for
refusing to deal with the complaint or
section 15E for refusing to conduct an
investigation would now apply; or
25
(b) the matter has been sufficiently
investigated and further investigation is
not warranted.
30
(6C) The Ombudsman must at any time during an
investigation discontinue the 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.
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(6D) If the Ombudsman discontinues an
investigation in accordance with
subsection (6B)(a) or (6C)—
(a) the Ombudsman must, within a
reasonable time of discontinuing the
investigation, inform any person
informed of the investigation under
subsection (1) of—
5
(i) the discontinuance of the
investigation; and
10
(ii) the reason for that discontinuance;
and
(b) sections 23, 23A and 24(1) cease to
apply in relation to the investigation.
15
(6E) If the Ombudsman discontinues an
investigation in accordance with
subsection (6B)(b)—
(a) sections 23, 23A and 24(1) apply as if
the investigation had been completed;
and
20
(b) the Ombudsman must provide the
reason for the discontinuance in any
report or notification given under those
sections.".
25
68 Amendment of section 25AA—Transmission of
sections 23(6) and 25 reports to Parliament
For section 25AA(7) of the Ombudsman
Act 1973 substitute—
30
"(7) For the purposes of this section, Parliament
is in recess when neither House is sitting.".
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69 Amendment of section 26A—Unauthorised
disclosure
After section 26A(2) of the Ombudsman
Act 1973 insert—
5
"(3) This section does not apply to the provision
or disclosure of information by the
Ombudsman officer in accordance with
section 16I, 16J, 16K, 16L, 16M or 17.".
70 Amendments relating to gender neutral language
10
(1) For section 3(5) of the Ombudsman Act 1973
substitute—
"(5) The Ombudsman ceases to hold office if the
Ombudsman—
(a) resigns in writing and the resignation is
accepted by the Governor in Council;
or
15
(b) is removed from office upon the
presentation of an address of both
Houses of the Parliament praying for
the Ombudsman's removal from office;
or
20
(c) is suspended from office under
section 4 and is not restored to office;
or
25
(d) nominates for election for either House
of the Parliament of Victoria or of any
other State or Territory.".
(2) In the Ombudsman Act 1973—
(a) in section 4(1) for "him" substitute
"the Ombudsman";
30
(b) in section 4(2)(b) for "his removal"
substitute "the Ombudsman to be removed";
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(c) in section 5(2) for "his" (where twice
occurring) substitute "the Ombudsman's";
(d) in section 6(2) for "he" substitute
"the Acting Ombudsman";
5
(e) in section 8(2) for "his or her"
(wherever occurring) substitute "their";
(f) in section 8(2)(a) and (b) for "he or she"
substitute "the person";
(g) in section 9(1) for "his or her" (where twice
occurring) substitute "their";
10
(h) in section 9(2) omit "his";
(i) in section 10(1) for "he or she" (where first
occurring) substitute "the Ombudsman or
Acting Ombudsman";
15
(j) in section 10(1) for "he or she"
(where secondly occurring) substitute
"they";
(k) in section 10(2) for "he or she" substitute
"the member";
20
(l) in section 10(2)(a) for "his or her" substitute
"their";
(m) in section 12(1) and (2) for "his or her"
substitute "their";
(n) in section 13(2) for "he or she" substitute
"the Ombudsman";
25
(o) in section 13AB(1) for "his or her functions
or duties or exercise his or her powers"
substitute "the functions or duties or
exercise the powers of the Ombudsman";
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(p) in section 13AC(2) for "exercising his or her
functions or duties or exercising his or her
powers" substitute "performing the
functions or duties or exercising the powers
of the Ombudsman";
5
(q) in section 13A(2) for "on his or her"
substitute "an";
(r) in section 16(1) and (2) for "him" substitute
"the Ombudsman";
10
(s) in section 16A(1) for "investigation on his or
her own motion" substitute "own motion
investigation";
(t) in section 17(3) for "he" (where twice
occurring) substitute "the Ombudsman";
15
(u) in section 17(7) for "his" substitute "the";
(v) in section 17(7) for "he" substitute
"the Ombudsman";
(w) in section 18(1) for "he" substitute
"the Ombudsman".
20
(3) In the Ombudsman Act 1973—
(a) in section 18(5) for "he" substitute
"the person";
(b) in section 18E(2)(a) for "he or she"
substitute "the person";
25
(c) in section 18E(4) omit "of him or her";
(d) in section 18F(6) for "his or her" substitute
"the person's";
(e) in section 20(1)(b) for "himself" substitute
"the person";
30
(f) in section 22(1)(a) and (b) for "him"
substitute "that person";
(g) in section 22(1)(a) and (c) omit "his";
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(h) in section 22(1)(c) for "he" substitute
"the person".
(4) In the Ombudsman Act 1973—
(a) in section 23(1) for "he" substitute
"the Ombudsman";
5
(b) in section 23(2) for "his or her" substitute
"the Ombudsman's";
(c) in section 23(5) for "him" substitute
"the Ombudsman";
10
(d) in section 23(5) for "his making" substitute
"the making of";
(e) in section 23(5) for "he" substitute
"the Ombudsman";
(f) in section 25(1) and (2) for "his or her"
substitute "the Ombudsman's";
15
(g) in section 25AA(3)(a) omit "his or her";
(h) in section 26 for "his functions" substitute
"functions by the Ombudsman";
(i) in section 26 for "him" substitute
"the Ombudsman".
20
(5) In the Ombudsman Act 1973—
(a) in section 26C(2)(d)(iii) for "his or her"
substitute "their";
(b) in section 26F(2)(d) for "his or her"
(where twice occurring) substitute "their";
25
(c) in section 26FA(5)(c) for "his or her"
(where twice occurring) substitute "their";
(d) in section 28(5) omit "of which he or she".
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(6) In the Ombudsman Act 1973—
(a) in section 29(1) for "his" substitute
"the Ombudsman's";
(b) in section 29(1) for "he" substitute
"the Ombudsman or the officer";
5
(c) in section 29(2) for "his" substitute
"the Ombudsman's";
(d) in section 29(3)(a) for "him"
(wherever occurring) substitute
"the Ombudsman";
10
(e) in section 29(4) for "his" (where first
occurring) substitute "the Ombudsman's";
(f) in section 29(4) for "his" (where secondly
occurring) substitute "the Ombudsman's or
the officer's";
15
(g) in section 29(4) omit "his" (where thirdly
occurring);
(h) in section 31(1) for "his" substitute
"the Ombudsman's".
20
(7) In the Ombudsman Act 1973—
(a) in Schedule 1, in items 16, 17 and 18, omit
"he or she is";
(b) in Schedule 2, in item 7(ma), for "his or her"
substitute "their".
25
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Part 5—Public Interest Monitor Act 2011
Part 5—Public Interest Monitor Act 2011
71 Amendment of section 8—Eligibility for
appointment
5
In section 8(1) of the Public Interest Monitor
Act 2011, for "Australian legal practitioner"
substitute "Australian lawyer".
72 Amendment of section 12—Vacancy and
registration
10
In section 12(i) of the Public Interest Monitor
Act 2011, for "Australian legal practitioner"
substitute "Australian lawyer".
73 Amendment of section 17—Confidentiality
(1) In section 17(1) of the Public Interest Monitor
Act 2011—
15
(a) after "Public Interest Monitor" (where first
occurring) insert "or assists or assisted a
Public Interest Monitor";
(b) after "Public Interest Monitor"
(where secondly occurring) insert
"or in assisting a Public Interest Monitor".
20
(2) For section 17(2), (3) and (4) of the Public
Interest Monitor Act 2011 substitute—
25
30
"(2) Subsection (1) does not apply to disclosure
of information, other than lawfully
intercepted information the disclosure of
which is prohibited by section 63 of the
Telecommunications (Interception and
Access) Act 1979 of the Commonwealth, by
a Public Interest Monitor in the performance
of their functions as a Public Interest
Monitor, including the disclosure of
information to a person assisting the Public
Interest Monitor in the performance of their
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functions or to another Public Interest
Monitor.
(3) A person who is or was a Public Interest
Monitor or a person assisting or who assisted
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.".
5
10
74 New section 17A inserted—Immunity
After section 17 of the Public Interest Monitor
Act 2011 insert—
15
"17A Immunity
(1) A Public Interest Monitor is not personally
liable for anything necessarily or reasonably
done or omitted to be done in good faith—
(a) in the performance of a function or the
exercise of a power under this Act; or
20
(b) 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 this Act.
25
(2) Any liability resulting from an act or
omission that, but for subsection (1), would
attach to a Public Interest Monitor attaches
instead to the State.".
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Part 6—Victorian Inspectorate Act 2011
Part 6—Victorian Inspectorate Act 2011
75 New section 12A inserted—Specific powers in
relation to the IBAC
5
After section 12 of the Victorian Inspectorate
Act 2011 insert—
"12A Specific powers in relation to the IBAC
(1) Without derogating from the generality of
section 12, the Victorian Inspectorate has the
duties and powers specified in this section
for the purposes of performing the functions
specified in section 11(2)(a), (b), (c) and (f).
10
(2) For the purposes of performing the functions
specified in subsection (1), the Victorian
Inspectorate—
15
(a) is entitled to have full and free access to
all relevant records of the IBAC; and
(b) despite any other law, is entitled to
make copies of, and to take extracts
from, relevant records of the IBAC; and
20
(c) may require the IBAC or any IBAC
personnel to give the Victorian
Inspectorate any information in the
possession or control of the IBAC that
the Victorian Inspectorate considers on
reasonable grounds is relevant to the
performance of those functions; and
25
(d) may require in writing any IBAC
personnel to attend at the office of the
Victorian Inspectorate for the purpose
of giving to the Victorian Inspectorate
any information or document required
by the Victorian Inspectorate which the
Victorian Inspectorate considers on
reasonable grounds is relevant to the
performance of those functions.
30
35
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(3) The IBAC must provide, and ensure that
IBAC personnel provide, to the Victorian
Inspectorate any assistance in connection
with the performance of the functions
specified in subsection (1) that the Victorian
Inspectorate reasonably requires.".
5
76 New Division 1A inserted in Part 6—Preliminary
inquiries
10
After section 48A of the Victorian Inspectorate
Act 2011 insert—
"Division 1A—Preliminary inquiries
48B The Victorian Inspectorate may conduct
preliminary inquiry
The Victorian Inspectorate may conduct a
preliminary inquiry for the purpose of
determining whether to investigate a
complaint under section 44.
15
20
48C The Victorian Inspectorate may conduct a
preliminary inquiry in relation to an own
motion investigation
The Victorian Inspectorate may conduct a
preliminary inquiry for the purpose of
determining whether to conduct an own
motion investigation into any matter or
conduct under section 46.
25
48D Divisions 2 and 3 do not apply
Divisions 2 and 3 do not apply to, or in
respect of, a preliminary inquiry.
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48E Persons to provide assistance
The IBAC, the Auditor-General, the
Ombudsman and the Chief Examiner must
provide any assistance to the Victorian
Inspectorate that the Victorian Inspectorate
reasonably requires in the conduct of a
preliminary inquiry.".
5
77 Amendment relating to the Legal Profession
Uniform Law (Victoria)
10
In the note to section 21(12)(a) of the Victorian
Inspectorate Act 2011, for "Legal Profession
Act 2004" substitute "Legal Profession Uniform
Law (Victoria)".
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Part 7—Amendment of other Acts
Part 7—Amendment of other Acts
78 Amendment of section 61 of the Commission for
Children and Young People Act 2012—Mandatory
notification of corrupt conduct to IBAC
5
10
15
20
(1) For section 61(1) of the Commission for
Children and Young People Act 2012
substitute—
"(1) Subject to any exemption notice issued
under section 57B of the Independent
Broad-based Anti-corruption Commission
Act 2011, 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 this Act or any
other Act.".
(2) In section 61(3) of the Commission for Children
and Young People Act 2012, for "section 49C"
substitute "section 73".
(3) In section 61(4) of the Commission for Children
and Young People Act 2012 omit "serious".
25
79 Amendment of section 19A of the Electoral
Act 2002—Mandatory notification of corrupt
conduct to IBAC
For section 19A(1) of the Electoral Act 2002
substitute—
30
35
"(1) Subject to any exemption notice issued
under section 57B of the Independent
Broad-based Anti-corruption Commission
Act 2011, the Electoral Commissioner must
notify the IBAC of any matter that the
Electoral Commissioner suspects on
reasonable grounds involves corrupt conduct
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occurring or having occurred, of which the
Electoral Commissioner becomes aware in
the performance of functions or duties or the
exercise of powers under this Act or any
other Act.".
5
80 Amendment of section 54C of the Environment
Protection Act 1970—Mandatory notification of
corrupt conduct to IBAC
10
15
20
(1) For section 54C(1) of the Environment
Protection Act 1970 substitute—
"(1) Subject to any exemption notice issued under
section 57B of the Independent
Broad-based Anti-corruption Commission
Act 2011, the Chairman must notify the
IBAC of any matter that the Chairman
suspects on reasonable grounds involves
corrupt conduct occurring or having
occurred, of which the Chairman becomes
aware in the performance of functions or
duties or the exercise of powers under this
Act or any other Act.".
(2) In section 54C(4) of the Environment Protection
Act 1970 omit "serious".
25
81 Amendment of section 46 of the Health Records
Act 2001—Complaint to Health Services
Commissioner
In section 46 of the Health Records Act 2001,
for "section 16H" substitute "section 16I".
30
82 Amendment of section 6 of the Legal Aid Act 1978—
Functions and powers
In section 6 of the Legal Aid Act 1978—
(a) in subsection (3)(a), for "a prescribed"
substitute "the prescribed";
(b) in subsection (4), for "section 82ZI"
substitute "section 151".
35
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Part 7—Amendment of other Acts
83 Amendment of sections 223B and 223CC of the
Local Government Act 1989
(1) After section 223B(6) of the Local Government
Act 1989 insert—
5
10
"(7) If the Chief Municipal Inspector considers at
any time that any matter referred to the Chief
Municipal Inspector by the IBAC under
section 73 of the Independent Broad-based
Anti-corruption Commission Act 2011
appears to involve conduct that is corrupt
conduct, the Chief Municipal Inspector must
inform the IBAC.".
(2) After section 223CC(6) of the Local Government
Act 1989 insert—
15
20
"(7) If a municipal monitor considers at any time
that any matter referred to the municipal
monitor by the IBAC under section 73 of the
Independent Broad-based Anti-corruption
Commission Act 2011 appears to involve
conduct that is corrupt conduct, the
municipal monitor must inform the IBAC.".
84 Amendment of section 4 of the Protected Disclosure
Act 2012—Meaning of improper conduct
25
30
(1) After section 4(2)(d) of the Protected Disclosure
Act 2012 insert—
"(da) of a person (the first person) intended to
adversely affect the effective performance or
exercise by a public officer or public body of
the functions or powers of the public officer
or public body and result in the first person
or an associate of the first person
obtaining—
(i) a licence, permit, approval, authority or
other entitlement under any Act or
subordinate instrument; or
35
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(ii) an appointment to a statutory office or
as a member of the board of any public
body under any Act or subordinate
instrument; or
5
(iii) a financial benefit or real or personal
property; or
(iv) any other direct or indirect monetary or
proprietary gain—
that they would not have otherwise obtained;
or".
10
(2) In section 4(2)(e) of the Protected Disclosure
Act 2012, for "or (d)" substitute ", (d) or (da)".
(3) After section 4(2) of the Protected Disclosure
Act 2012 insert—
15
20
25
"(2A) For the purposes of section 4(2)(da), the
effective performance or exercise by a public
officer or public body of the functions or
powers of the public officer or public body
may be adversely affected notwithstanding
that the public officer or public body does
not engage in any corrupt conduct or other
misconduct in performing or exercising those
functions or powers.
(2B) For the purposes of section 4(2)(da),
an associate of a first person is—
(a) a person or entity who has an
agreement, arrangement or
understanding with the first person or
holds any relevant financial interest in
any business of the first person;
30
(b) if the first person is a natural person, a
person who is a relative of the first
person;
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(c) if the first person is a body corporate—
(i) an entity of whom the first person
is an associate within the meaning
of section 11 of the Corporations
Act; or
5
(ii) an employee or officer of a
related body corporate within the
meaning of the Corporations Act
to the first person.
10
(2C) For the purposes of subsection (2B)—
relative means—
(a) the spouse or domestic partner of
the first person;
(b) a parent, son, daughter, brother,
sister, aunt, uncle, grandparent,
cousin, nephew or niece of the
first person;
15
(c) a step-father, step-mother, legal
guardian, step-son, step-daughter,
step-brother, step-sister,
father-in-law, mother-in-law,
son-in-law, daughter-in-law,
brother-in-law or sister-in-law of
the first person;
20
25
(d) a parent, son, daughter, brother,
sister, aunt, uncle, grandparent,
cousin, nephew or niece of the
spouse or domestic partner of the
first person;
30
(e) a step-father, step-mother, legal
guardian, step-son, step-daughter,
step-brother, step-sister,
father-in-law, mother-in-law,
son-in-law, daughter-in-law,
brother-in-law or sister-in-law of
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the spouse or domestic partner of
the first person;
relevant financial interest includes any
share in the capital of a business of the
first person or any entitlement to
receive any income or payment from a
business of the first person.".
5
10
85 Amendment of section 26 of the Protected
Disclosure Act 2012—Assessment of disclosure and
determination by the IBAC
(1) In section 26(1) of the Protected Disclosure
Act 2012—
(a) in paragraph (c), for "IBAC." substitute
"IBAC; or";
15
(b) after paragraph (c) insert—
"(d) a disclosure is made or notified to the
IBAC in accordance with any other
Act.".
20
(2) For section 26(2) of the Protected Disclosure
Act 2012 substitute—
"(2) The IBAC—
(a) must assess whether, in its view,
a disclosure specified in
subsection (1)(a), (b) or (c) is a
protected disclosure;
25
(b) may assess whether, in its view, a
disclosure specified in subsection (1)(d)
is a protected disclosure.".
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86 Amendment of section 73 of the Public
Administration Act 2004—Mandatory notification
of corrupt conduct to IBAC
5
10
15
For section 73(1) of the Public Administration
Act 2004 substitute—
"(1) Subject to any exemption notice issued
under section 57B of the Independent
Broad-based Anti-corruption Commission
Act 2011, the 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 duties or the exercise of powers
under this Act or any other Act.".
87 Amendment of section 37G of the Racing
Act 1958—Mandatory notification of corrupt
conduct to IBAC
20
25
30
35
(1) For section 37G(1) of the Racing Act 1958
substitute—
"(1) Subject to any exemption notice issued
under section 57B of the Independent
Broad-based Anti-corruption Commission
Act 2011, 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 this Act or any other Act.".
(2) In section 37G(4) of the Racing Act 1958
omit "serious".
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88 Amendment of section 20A—Surveillance Devices
Act 1999—Revocation of surveillance device
warrant
5
In section 20A(4) of the Surveillance Devices
Act 1999, after "magistrate" insert "or the chief
officer of the law enforcement agency".
89 Amendment of section 613 of the Workplace Injury
Rehabilitation and Compensation Act 2013—
Mandatory notification of corrupt conduct to IBAC
10
15
20
25
(1) For section 613(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013
substitute—
"(1) Subject to any exemption notice issued
under section 57B of the Independent
Broad-based Anti-corruption Commission
Act 2011, 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 exercise
of powers under this Act or any other Act.".
(2) In section 613(4) of the Workplace Injury
Rehabilitation and Compensation Act 2013
omit "serious".
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amendments
90 Amendment of section 1—Purposes
After section 1(a) of the Audit Act 1994 insert—
5
10
"(aa) without limiting the generality of
paragraph (a), performance audits of
authorities includes having regard to
information called for from an associated
entity to the extent necessary to ensure that
the objectives specified in section 3A are
achieved;".
91 Amendment of section 3—Definitions
In section 3(1) of the Audit Act 1994 insert the
following definitions—
15
20
"associated entity means any person or body that
provides services or performs functions for,
or on behalf of, an authority, or on behalf of
the State, for which an authority is
responsible, and without limiting the
generality of this definition includes—
(a) a contracted service provider or
sub-contractor of the authority;
(b) an agent or delegate of the authority;
(c) the holder of a concession granted by
the authority;
25
(d) a trustee of the authority;
(e) a person or body that has entered into—
(i) a partnership; or
(ii) an arrangement for sharing of
profits; or
30
(iii) a union of interest; or
(iv) a co-operative arrangement; or
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(v) a joint venture; or
(vi) a reciprocal concession—
with the authority;
(f) a third party contractor;
5
third party contractor means a person or body
that—
(a) enters into a contract with another
associated entity or a contractor to
another associated entity; or
10
15
(b) enters into a subcontract in a chain of
contracts in which the primary contract
is with another associated entity or a
contractor to another associated
entity;".
92 Amendment of section 3A—Objectives
(1) After section 3A(1)(b)(ii) of the Audit Act 1994
insert—
20
"(iii) there has been any wastage of public
resources or any lack of probity or financial
prudence in the management or application
of public resources in the Victorian public
sector;".
(2) After section 3A(1)(c) of the Audit Act 1994
insert—
25
"(ca) to ensure that the Auditor-General has the
necessary powers when conducting a
performance audit of an authority which
involves information called for from an
associated entity;".
30
(3) Section 3A(2) of the Audit Act 1994 is repealed.
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93 New section 3B inserted—Extra-territorial
operation of Part 3
After section 3A of the Audit Act 1994 insert—
"3B Extra-territorial operation of Part 3
5
(1) This section applies to Part 3 and
section 16C.
(2) Part 3 applies outside Victoria to the full
extent of the legislative power of the State of
Victoria.
10
(3) Without derogating from subsections (1)
and (2), it is Parliament's intention that the
operation of Part 3 should, so far as possible,
include operation in relation to the
following—
15
(a) land situated outside Victoria, whether
in or outside Australia;
(b) things situated outside Victoria,
whether in or outside Australia;
(c) acts, omissions and transactions done,
entered into or occurring outside
Victoria, whether in or outside
Australia;
20
(d) things, acts, omissions and transactions
(wherever situated, done, entered into
or occurring) that would, apart from
this Act, be governed or otherwise
affected by the law of the
Commonwealth, another State, a
Territory or a foreign country.
25
30
(4) Nothing in this section limits the operation
of any other provision of this Act.".
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94 Amendment of section 7A—Auditor-General's
annual plan
After section 7A(1) of the Audit Act 1994
insert—
5
"(1A) The proposed work program described in the
draft annual plan under subsection (1) must
include details of any performance audit
which involves information called for from
an associated entity.
10
(1B) Despite subsection (1A), a failure to include
details of an authority or associated entity
in the annual plan does not affect the power
of the Auditor-General to conduct a
performance audit of an authority, including
a performance audit which involves
information called for from an associated
entity.".
15
95 Consequential amendment of section 11D—Advance
notice of performance audits
20
(1) In section 11D of the Audit Act 1994,
for "section 15(2)" substitute "section 15".
(2) At the end of section 11D of the Audit Act 1994
insert—
25
30
"(2) If an associated entity relevant to a
performance audit is identified after the
performance audit has been commenced, the
Auditor-General must provide a copy of an
updated version of the specification to any
relevant authority and the associated entity
within a reasonable time before calling for
information from that associated entity.".
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96 Amendment of section 12—Access to information
After section 12(3) of the Audit Act 1994
insert—
5
"(4) This section extends and applies to an
associated entity and to persons employed by
the associated entity.".
97 Amendment of section 15—Performance audits
For section 15(2) and (3) of the Audit Act 1994
substitute—
10
15
"(2) In the course of conducting an audit under
subsection (1), the Auditor-General may
consider the effectiveness, economy and
efficiency of services provided or functions
performed by an associated entity for, or on
behalf of, an authority, or on behalf of the
State, for which an authority is responsible.
(3) An audit having regard to information called
for from an associated entity of an authority
under this Act is limited to any matter
relating to the use of public funds that are, or
were, held or received by the authority and
given to any associated entity, in accordance
with the specification of the performance
audit.
20
25
(4) Subject to subsection (5), before conducting
a performance audit, the Auditor-General
must prepare a specification for the audit that
sets out the particular objectives of the audit
and any particular issues to be addressed in
consultation with—
30
(a) the authority; and
(b) at the discretion of the Auditor-General,
any associated entity.
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(5) The Auditor-General must consult the
Parliamentary Committee before conducting
a performance audit if—
(a) it is—
5
(i) a collaborative audit; or
(ii) an audit that was not included in
the annual plan; or
(iii) an audit that was included in the
annual plan but there has been a
material change to the objectives
or issues to be addressed; or
10
(iv) an audit of an authority which
involves information called for
from an associated entity that has
been identified before the
specification is prepared; or
15
(b) the Committee has requested that it be
consulted.
(6) If the Parliamentary Committee or an
authority or associated entity does not
respond to a request from the AuditorGeneral for comment on a draft specification
for an audit within 15 business days of
receiving the request—
20
25
(a) the Parliamentary Committee or
authority or associated entity is to be
taken to have no comment on the draft
specification; and
(b) the Auditor-General may finalise the
specification.
30
(7) The following provisions apply to an audit
which involves information called for
from an associated entity referred to in
subsection (2) and apply (where appropriate)
as if any references in those provisions to an
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authority were references to an associated
entity—
(a) section 3A (objectives);
(b) section 3B (extra-territorial operation of
Part 3);
5
(c) section 11 (power to call for persons or
documents);
(d) section 11A (Auditor-General to report
to Victorian Inspectorate on calling for
persons or documents);
10
(e) section 11B (requirement given to
person under 16 years);
(f) section 11C (legal advice and
representation);
15
(g) section 11D (advance notice of
performance audits);
(h) section 11E (further provisions relating
to appearances);
(i) section 11F (audio or video recording
of compulsory appearances);
20
(j) section 11G (protection of legal
practitioners and witnesses at
compulsory appearances);
(k) section 12 (access to information);
25
(l) section 13 (auditing standards);
(m) section 14 (offences);
(n) section 16 (audit reports to Parliament);
(o) section 16F (information to public
officials during the course of an audit);
30
(p) section 20 (content of reports);
(q) section 20A (improper use of
information).".
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98 Amendment of section 16—Audit reports to
Parliament
(1) After section 16(2) of the Audit Act 1994
insert—
5
"(2A) The Auditor-General must not include in a
report under this Act or any other Act any
information that could lead to the disclosure
of—
(a) a trade secret; or
10
(b) matters of a business, commercial or
financial nature the disclosure of which
could unreasonably expose any person,
authority or associated entity to any
material disadvantage—
15
unless the Auditor-General is satisfied that
the public interest requires the inclusion of
the information in the report.".
(2) In section 16(3) of the Audit Act 1994—
(a) in paragraph (a)(i) after "authority" insert
"or associated entity";
20
(b) in paragraph (b) after "authority" (where first
and secondly occurring) insert "; associated
entity";
(c) in paragraph (b)(ii) after "authority" insert
"or associated entity".
25
(3) After section 16(3) of the Audit Act 1994
insert—
30
"(3A) The Auditor-General must give a copy of a
proposed report to the Department Head of
the Department of Premier and Cabinet.".
(4) In section 16(4) of the Audit Act 1994,
after "authority" insert ", associated entity".
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(5) After section 16(4) of the Audit Act 1994
insert—
5
10
"(4A) The report of a performance audit that
includes information called for from an
associated entity about services provided, or
functions performed by, an associated entity
for, or on behalf of, an authority, or on
behalf of the State, for which an authority is
responsible, must only direct any opinion or
recommendation to that authority.".
99 New section 16FA inserted—Collaboration with
other Auditors-General
After section 16F of the Audit Act 1994 insert—
15
"16FA Collaboration with other
Auditors-General
(1) The Auditor-General may collaborate with
the Auditor-General of another jurisdiction
with respect to any matter that is the subject
of an agreement between Victoria and the
other jurisdiction relating to the provision by
Victoria of funding for, or expenditure on,
that matter.
20
(2) Subsection (1) does not empower the
Auditor-General to conduct a joint audit with
the Auditor-General of another jurisdiction.
25
(3) Despite anything to the contrary in this Act,
the Auditor-General may share with the
Auditor-General of another jurisdiction any
information collected in the course of an
audit under this Act or any other Act other
than information which is—
30
(a) contained in a cabinet document within
the meaning of section 28 of the
Freedom of Information Act 1982; or
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(b) information which relates to matters of
a business, commercial or financial
nature, the disclosure of which would
be likely to unreasonably expose a
person, an authority or an associated
entity to disadvantage.
5
(4) Information provided under subsection (3)
that has not already been published may only
be provided on the condition that it is not
disclosed or published by the AuditorGeneral to whom it is provided.
10
(5) The Auditor-General must report on the
sharing of information in accordance with
this section—
15
(a) in the relevant report of the audit in the
course of which the information was
obtained; or
(b) if the sharing of information occurs
after the relevant report of the audit has
been prepared, in the next annual
report.
20
(6) In this section—
another jurisdiction means—
(a) the Commonwealth; or
25
(b) another Australian State; or
(c) an Australian Territory.".
100 Amendment of section 20A—Improper use of
information
30
(1) In section 20A(2)(a) of the Audit Act 1994,
before "in" insert "where the person is an officer
or employee of an authority,".
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(2) In section 20A(3) of the Audit Act 1994—
(a) for "section 16F" substitute "sections 15,
16F or 19C";
(b) in paragraph (a) after "duties" insert
"where the person received the information
pursuant to section 16F or 19C";
5
(c) in paragraph (b) after "Auditor-General"
insert "where the person received the
information pursuant to section 15".
10
101 Repeals
Sections 22, 23 24, 26, 27 and 28 of the Audit
Act 1994 are repealed.
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102 Repeal of amending Act
This Act is repealed on 10 December 2017.
Note
5
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
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