Independent Broad-based Anti-corruption Commission Act 2011 (Act. No. 66 of 2011, version 035)

26 April 2021 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 1

4 Corrupt conduct 25

5 Meaning of police personnel conduct, police personnel conduct complaint and police personnel misconduct 29

6 Definitions of public body, public officer and public sector 31

7 Public interest complaint taken to be complaint 36

8 Objects of Act 36

9 Act binds the Crown 37

10 Application of Act 37

11 Conduct occurring before the commencement of this section 38

11A Determination of matter previously considered by the IBAC 38 Part 2—The IBAC 40 Division 1—Constitution and staff 40

12 Establishment of the IBAC 40

13 The IBAC is a body corporate 40

14 Constitution of the IBAC 41

15 Functions of the IBAC 41

16 Powers of the IBAC 44

18 IBAC not subject to direction or control 44

19 Independence of the Commissioner 44

20 Appointment of the Commissioner 45

21 Veto of proposed Commissioner 46

22 Duties, functions and powers of the Commissioner 47

23 Deputy Commissioners 47

24 Terms and conditions 48 Authorised by the Chief Parliamentary Counsel i Section Page

24A Pension entitlements of Commissioner, partner and eligible children 50

24B Salary sacrifice 54

24C Appropriation of Consolidated Fund 55

25 Vacancy and resignation—office of the Commissioner 55

26 Suspension and removal from office of the Commissioner 56

27 Vacancy and resignation—office of Deputy Commissioner 57

28 Removal from office of a Deputy Commissioner 57

29 Declaration of inability to act 58

30 Acting appointment 58

31 Oath or affirmation of office 60

32 Delegations 60

33 Chief Executive Officer 63

34 Oath or affirmation of office by Chief Executive Officer or acting Chief Executive Officer 65

35 Staff 65

36 Consultants 65

37 Oath or affirmation by staff and consultants 66

38 Obligation on staff employed or engaged under section 35 or persons engaged under section 36 not to make public comment 66

39 Obligation to avoid actual or perceived conflicts of interest 67 Division 2—Disclosure by the IBAC 67

40 Unauthorised disclosures or provision of information 67

41 Disclosure or provision of information by the IBAC 68 Division 3—Confidentiality notices 71

42 Confidentiality notice 71

43 IBAC to provide Victorian Inspectorate with copies 75

44 Disclosure subject to confidentiality notice 75 Division 4—Protection of persons and documents 82

45 Who is a protected person? 82

46 What is a protected document or other thing? 82

47 Protected documents and other things in proceedings, processes or actions other than criminal proceedings 83

48 Production and inspection of protected documents and things in criminal proceedings 84

49 Court may appoint special counsel to represent party 87

50 Compellability of protected persons as witnesses 88 Part 3—Investigations 89 Division 1—Complaints to the IBAC 89

51 Complaints to the IBAC about corrupt conduct 89

52 Police personnel conduct complaints to the IBAC 89 Authorised by the Chief Parliamentary Counsel ii Section Page

53 Complaint to be in writing 89

54 Complaint from detained person 89

55 Withdrawal of complaint 91 Division 2—Information and notifications to the IBAC 92

56 The IBAC may receive information 92

57 Notifications to the IBAC 92

57A Directions 94

57B Exemption notice 95 Division 3—IBAC obligations in relation to complaints and notifications to the IBAC 96

58 IBAC must dismiss, investigate or make referral 96

58A IBAC may defer decision pending investigation by other person or body 96

59 Notice of dismissal, investigation or referral of complaint or notification 98 Division 3A—Preliminary inquiries 100

59A IBAC may conduct preliminary inquiry 100

59B IBAC may conduct a preliminary inquiry as to own motion investigation 100

59C Parts 3 and 4 do not apply 100

59D Power to request information 100

59E Power to issue witness summons 101

59F Content and form of witness summons 103

59G IBAC to report to Victorian Inspectorate on issue of witness summonses 104

59H Witness summons directed to person under 16 years 104

59I Service of witness summons 104

59J Supreme Court may order service by other means 105

59K Actions to be taken before requiring production of a document or other thing 106

59L Procedure for determining claims of privilege or claims of a secrecy requirement 107

59M Application to Supreme Court to determine privilege or application of secrecy requirement 108

59N Determination of claim 109

59O Offence for summoned witness to fail to produce document or other thing 110

59P Prohibitions applying to the IBAC 111 Division 4—Carrying out investigations 112

60 Conducting investigations about corrupt conduct 112

61 Conducting investigations about conduct of judicial officers 114

62 Findings about judicial officers not to be included in special or annual reports 115 Authorised by the Chief Parliamentary Counsel iii Section Page

63 The IBAC must dismiss certain complaints or notifications to the IBAC about judicial officers 115

64 Conducting investigations about police personnel conduct 115

65 Conduct of Chief Commissioner of Police, Deputy Commissioner of Police or Assistant Commissioner of Police 116

66 Conducting investigations into public interest complaints about detrimental action 117

67 Complaints or notifications to the IBAC that do not warrant investigation 118

68 When certain complaints or notifications to the IBAC are dismissed 120

69 Discontinuance of investigation 121

70 Investigation when other proceedings on foot 121

71 The IBAC to disclose to Victorian Inspectorate complaint or notification involving conduct of the IBAC or IBAC Officers 121

72 The IBAC may conduct coordinated investigations 122 Division 5—Referrals 123

73 Referral of complaint or notification for investigation by another person or body 123

73A Referral of public interest complaints to other investigating entities 126

74 Referrals to prosecutorial bodies 127

74A Referrals to the Judicial Commission 128

75 Referrals to prosecutorial bodies for advice 128

76 Consultation prior to referral 129

77 Information to be provided with referral 129

78 Provision to the IBAC of information about referred complaint or notification 130

79 Withdrawal of referred complaint or notification 130

80 Notice of withdrawal of referral 132 Part 4—Investigative powers 133 Division 1—Authorised officers 133

81 Appointment of authorised officers 133

82 Identity cards 133

83 Production of identity card 134 Division 2—Additional powers—conduct of police 135

84 Power to require police to give information and documents and answer questions 135 Division 3—Entry, search and seizure—police personnel premises 136

85 The Commissioner must authorise use of powers under this Division 136

86 Power to enter police personnel premises 136 Authorised by the Chief Parliamentary Counsel iv Section Page

87 Power to seize documents or things at police personnel premises 138

88 Copies of, access to or receipt for documents or other things seized 138

89 Application for return of things seized 140

90 Return of things seized from police personnel premises 141 Division 4—Search warrant powers 142

91 Search warrant 142

92 Procedure for executing search warrant 144

93 Copies or receipts to be given for documents or other things 145

94 Return of documents and other things 146

95 Assistance in executing search warrants 147

96 Police must provide reasonable assistance 148

97 Privilege claims in relation to search warrants 148 Division 5—Privilege 149

98 Certain privileges abrogated in relation to police personnel and other public officers 149

99 Journalist privilege does not apply 150

100 Application to Supreme Court to determine privilege 151

101 Determination of privilege claims 151 Part 5—Defensive equipment and firearms 153

102 Authorisation to possess, carry and use defensive equipment for investigating certain police personnel conduct 153

103 Authorisation to possess, carry and use defensive equipment for investigating possible corrupt conduct 154

104 Authorisation to possess, carry and use defensive equipment for training purposes 155

105 Authorisation to acquire, store and maintain defensive equipment 156

106 Authorisation to possess, carry and use firearms for investigating certain police personnel conduct 157

107 Authorisation to possess, carry and use firearms for investigating possible corrupt conduct 158

108 Authorisation to possess, carry and use firearms for training purposes 159

109 Authorisation to acquire, dispose of, store and maintain firearms 160

110 Senior IBAC Officer must not contravene conditions of authorisation 160

111 The IBAC to notify Chief Commissioner of Police of acquisition or disposal of firearms 161

112 Storage of firearms 161

113 Storage of cartridge ammunition 162 Authorised by the Chief Parliamentary Counsel v Section Page

114 Requirement to notify Chief Commissioner of Police of loss, theft or destruction 162 Part 6—Examinations 163 Division 1—Examinations 163

115 Power to hold examinations 163

116 Conduct of examinations 164

117 Examinations generally to be held in private 165

118 Offence to be present at examination 167

119 The IBAC may give directions 168

119A Appearance at public examination by interested party 169

120 Witness summons 169

121 Content and form of witness summons 171

122 IBAC to report to Victorian Inspectorate on issue of witness summonses 173

123 Witness summons directed to person under 16 years 174

124 Service of witness summons 174

125 Supreme Court may order service by other means 175

126 Witness already held in custody 176

127 Legal representation of witnesses and other persons 177

128 IBAC to inform Victorian Inspectorate of direction in relation to specified Australian legal practitioner 180

129 Specific provisions relating to witnesses 180

129A The IBAC may issue suppression order 181

130 Actions to be taken before questioning of a witness or requiring production of a document or other thing 183

131 Witness attending examination in relation to investigation of public interest complaint to be informed of confidentiality obligations 184

132 Power to examine on oath or affirmation 184

132A Cross-examination of witness 185

133 Video recording of examination 185

134 IBAC to give copy of video recording and any transcript to Victorian Inspectorate 186

135 Offence for summoned witness to fail to attend examination 187

136 Offence for summoned witness to refuse or fail to answer question 188

137 Offence for summoned witness to fail to produce document or other thing 188

138 Offence to fail to take oath or make affirmation 189 Division 2—Arrest for failure to appear 189

139 Warrant to arrest witness who fails to appear 189

140 Bail for person arrested 190

141 Person held in custody 190 Authorised by the Chief Parliamentary Counsel vi Section Page Division 2A—Warrant to arrest for likely failure to comply with witness summons in certain circumstances 191

141A Warrant to arrest potential witness who has not yet been summoned 191

141B Warrant to arrest witness to whom a witness summons has been issued but not served 193

141C Warrant to arrest witness to whom a witness summons has been issued and served 194

141D Matters relating to an arrest warrant issued under section 141A(2), 141B(2) or 141C(2) 195

141E Arrest warrant under section 141A, 141B or 141C may be granted by telephone or audio visual link in certain circumstances 196

141F Person arrested must be brought before the Supreme Court or Magistrates' Court 198 Division 2B—General provisions in respect of arrest warrant issued under Division 2 or 2A 200

141G Person arrested under arrest warrant issued under Division 2 or 2A to be given opportunity to seek legal advice or legal representation 200

142 Report to Victorian Inspectorate on issue of arrest warrant 201 Division 3—Privileges and secrecy provisions applying to examinations 201

143 Privileges and secrecy generally 201

144 Privilege against self-incrimination abrogated—witness summons 202

145 Journalist privilege does not apply 203

146 Procedure for determining claims of privilege or claims of a secrecy requirement 203

147 Application to Supreme Court to determine privilege or application of secrecy requirement 205

148 Determination of claim 206

149 Protection of legal practitioners and witnesses 208 Division 4—Assistance for witnesses 209

150 Reimbursement of expenses of certain witnesses 209

151 Provision of legal assistance to witnesses 209 Division 5—Contempt 210

152 Contempt of the IBAC 210

153 Charging and arresting a person for contempt 211

154 Report to Victorian Inspectorate on issue of arrest warrants 211

155 Bail pending court appearance for contempt 212

156 Custody pending court appearance for contempt 213 Authorised by the Chief Parliamentary Counsel vii Section Page

157 Supreme Court to deal with contempt 213

158 Act or omission constituting both an offence and contempt 214 Part 7—Recommendations, actions and reports 215

159 Recommendations 215

160 The IBAC may request the Chief Commissioner of Police to take certain actions 216

161 Actions by Chief Commissioner of Police 217

162 Special reports 217

162A Advance copy of report to the Parliament 220

163 Advice to a complainant and other persons 221

164 Outcome of investigation 223

165 Matters to be included in annual report 224

166 Persons who receive reports or information prior to publication 227 Part 8—Budget, annual plan and performance audit 230

167 Budget 230

168 Annual plan 230

169 Transmission of annual plan to Parliament 231

170 Independent performance audit 232

170A Report of independent performance auditor 234 Part 9—General 237 Division 1—Alcohol and drug testing of IBAC Officers 237

171 Application of Division 237

172 Alcohol and drug testing of IBAC Officers 237

173 The IBAC may have regard to evidence in certain circumstances 238

174 Taking a sample when an IBAC Officer is unconscious or otherwise unable to comply with direction 238

175 Admissibility of test result in certain proceedings 239

176 Handling and confidentiality of test results 240

177 Offence to disclose identifying information 241

178 No action against registered medical practitioner or approved health professional 241 Division 2—Offences and proceedings 241

179 Offence to impersonate IBAC Officer 241

180 Offence to hinder or obstruct an IBAC Officer 242

181 Compliance with direction or requirement 242

182 Statement which is false or misleading 242

183 Disclosure of transferred restricted matter 243

184 Offence to disclose certain information received from the IBAC 245 Authorised by the Chief Parliamentary Counsel viii Section Page

185 Criminal liability of officers of bodies corporate—accessorial liability 249

186 Maximum fine for body corporate 251

187 Responsible agency for the Crown 251

188 Proceedings against successors to public bodies 252

189 Power to bring proceedings 252

190 Power for the IBAC to bring criminal proceedings 253

191 Service of document 253

192 Validity and effect of notices, orders and other documents and deemed service 256 Division 3—Miscellaneous 256

193 Immunity of the IBAC and IBAC Officers 256

194 Exemption from Freedom of Information Act 1982 257

194A Act applies equally to attendance in person or by audio or audio visual link 257

195 Regulations 258

196 Regulations—specific matters 260

198 Schedule 262 Part 10—Transitional provisions 263

199 Transitional provision—Justice Legislation Miscellaneous Amendments Act 2020 263

200 Regulations dealing with transitional matters—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 263

Schedule 265 ═══════════════ Endnotes 284 1 General information 284 2 Table of Amendments 286 3 Amendments Not in Operation 292 4 Explanatory details 293 Authorised by the Chief Parliamentary Counsel ix Section Page Authorised by the Chief Parliamentary Counsel x Authorised Version No. 035 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Authorised Version incorporating amendments as at 26 April 2021 The Parliament of Victoria enacts: Part 1—Preliminary 1 1 Purpose (1) The main purpose of this Act is to establish the Independent Broad-based Anti-corruption Commission. (2) This Act also amends the Parliamentary Committees Act 2003 to constitute a Joint House Committee of the Parliament of Victoria to oversee the Independent Broad-based Anti-corruption Commission. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 July 2012, it comes into operation on that day. 3 Definitions S. 3 amended by No. 13/2012 (1) In this Act— s. 3(3) (ILA s. 39B(1)). aircraft means a machine or structure used or S. 3(1) def. of aircraft intended to be used for navigation of the air; inserted by No. 13/2012 s. 3(1). Authorised by the Chief Parliamentary Counsel 1 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F S. 3(1) def. of approved health professional means— approved health (a) a person registered under the Health professional Practitioner Regulation National Law— inserted by No. 13/2012 s. 3(1). (i) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and (ii) in the registered nurses division of that profession; (b) a person approved under subsection (2) to take a blood sample for the purposes of Division 1 of Part 9; S. 3(1) def. of arrest warrant means a warrant to arrest a person arrest warrant inserted by issued under— No. 28/2012 s. 3(1), (a) section 139(2); or substituted by No. 22/2020 (b) section 141A(2); or s. 7A(a). (c) section 141B(2); or (d) section 141C(2); or (e) section 153(1); S. 3(1) def. of assessable disclosure has the same meaning as in assessable disclosure the Public Interest Disclosures Act 2012; inserted by No. 85/2012 s. 84(1), amended by No. 2/2019 s. 49(2)(a). S. 3(1) def. of * * * * * audio visual link inserted by No. 22/2020 s. 7A(b), repealed by No. 11/2021 s. 198. Authorised by the Chief Parliamentary Counsel 2 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F Auditor-General means the Auditor-General S. 3(1) def. of appointed under section 94A of the Auditor- General Constitution Act 1975; inserted by No. 2/2019 s. 179. authorised legal representative of a person means S. 3(1) def. of authorised an Australian legal practitioner who has been legal instructed by a person to receive documents representative inserted by on the person's behalf; No. 11/2021 s. 126. authorised officer means a sworn IBAC Officer S. 3(1) def. of authorised appointed as an authorised officer under officer section 81; inserted by No. 13/2012 s. 3(1). * * * * * S. 3(1) def. of Australian legal practitioner repealed by No. 17/2014 s. 160(Sch. 2 item 49). breach of discipline, in relation to a police officer S. 3(1) def. of breach of or protective services officer, has the same discipline meaning as it has in the Victoria Police inserted by No. 13/2012 Act 2013; s. 3(1), substituted by No. 37/2014 s. 10(Sch. item 85.1(b)). category A longarm has the same meaning as it S. 3(1) def. of category A has in section 3(1) of the Firearms longarm Act 1996; inserted by No. 13/2012 s. 3(1). category B longarm has the same meaning as it S. 3(1) def. of category B has in section 3(1) of the Firearms longarm Act 1996; inserted by No. 13/2012 s. 3(1). Authorised by the Chief Parliamentary Counsel 3 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F S. 3(1) def. of category C longarm has the same meaning as it category C has in section 3(1) of the Firearms longarm inserted by Act 1996; No. 13/2012 s. 3(1). S. 3(1) def. of category D longarm has the same meaning as it category D longarm has in section 3(1) of the Firearms inserted by Act 1996; No. 13/2012 s. 3(1). S. 3(1) def. of certificate of charge means a certificate issued certificate of charge under section 153(1); inserted by No. 28/2012 s. 3(1). S. 3(1) def. of Chief Commissioner of Police means the Chief Chief Commis- Commissioner of Police appointed under sioner of section 17 of the Victoria Police Act 2013; Police inserted by No. 13/2012 s. 3(1), amended by No. 37/2014 s. 10(Sch. item 85.1(c)). Commissioner means the person appointed under section 20; S. 3(1) def. of complaint means— complaint inserted by No. 28/2012 (a) a complaint under section 51; s. 3(1). (b) a police personnel conduct complaint; S. 3(1) def. of confidentiality notice means a notice issued by confidentiality notice the IBAC under section 42(1) or (1A); inserted by No. 28/2012 s. 3(1), amended by No. 2/2019 s. 112(a). Authorised by the Chief Parliamentary Counsel 4 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F corrupt conduct has the meaning given by S. 3(1) def. of section 4; corrupt conduct inserted by No. 13/2012 s. 3(1). Council has the same meaning as it has in S. 3(1) def. of Council section 3(1) of the Local Government inserted by Act 2020; No. 13/2012 s. 3(1), amended by No. 9/2020 s. 390(Sch. 1 item 56.1(a)). critical incident means an incident involving an S. 3(1) def. of critical IBAC Officer, other than the Commissioner, incident while the IBAC Officer was performing a inserted by No. 13/2012 function or exercising a power under this Act s. 3(1). which— (a) resulted in the death of, or serious injury to, a person; and (b) also involved any one or more of the following— (i) the discharge of a firearm by the IBAC Officer; (ii) the use of force by the IBAC Officer; (iii) the use of a motor vehicle by the IBAC Officer (including as a passenger) in the course of performing the IBAC Officer's duties or exercising the IBAC Officer's powers; (iv) the death of, or serious injury to, the person while the person was in the custody of the IBAC Officer; Authorised by the Chief Parliamentary Counsel 5 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F S. 3(1) def. of defensive equipment means one or more of the defensive following— equipment inserted by (a) an article designed or adapted to No. 13/2012 s. 3(1). discharge oleoresin capsicum spray; (b) body armour within the meaning of the Control of Weapons Act 1990; (c) an extendable baton designed or adapted so that the length of the baton extends by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the baton; (d) handcuffs or cable ties; Deputy Commissioner means a person appointed under section 23; S. 3(1) def. of detained person means— detained person inserted by (a) a person in prison in the legal custody No. 13/2012 of the Secretary to the Department of s. 3(1), amended by Justice in accordance with the Nos 70/2013 Corrections Act 1986; or s. 3(Sch. 1 item 23.1), (b) a person in a police gaol in the legal 30/2016 s. 3(a), 2/2019 custody of the Chief Commissioner of s. 112(b), Police in accordance with the 19/2019 s. 265. Corrections Act 1986; or (c) a person in a remand centre, youth justice centre or youth residential centre in the legal custody of the Secretary to the Department of Justice and Community Safety in accordance with the Children, Youth and Families Act 2005; or (d) a patient detained in a designated mental health service within the meaning of the Mental Health Act 2014; or Authorised by the Chief Parliamentary Counsel 6 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (e) a person detained in a residential service, residential treatment facility or SDA enrolled dwelling under Part 8 of the Disability Act 2006; or (f) a person detained at a treatment centre under a detention and treatment order made under section 20 of the Severe Substance Dependence Treatment Act 2010; detrimental action has the same meaning as in the S. 3(1) def. of detrimental Public Interest Disclosures Act 2012; action inserted by No. 85/2012 s. 84(1), amended by No. 2/2019 s. 49(2)(b). disciplinary process or action means in relation to S. 3(1) def. of disciplinary a person's employment as a public sector process or employee within the meaning of section 4(1) action inserted by of the Public Administration Act 2004 or No. 28/2012 police personnel— s. 3(1). (a) any process undertaken for the purposes of determining what, if any, disciplinary action is warranted in relation to a breach or possible breach of the person's terms and conditions of employment; (b) any action taken following a process specified in paragraph (a) that is permitted under legislation or the person's terms and conditions of employment; (c) any review process or proceeding, including an appeal process or proceeding, in relation to a process specified in paragraph (a) or an action specified in paragraph (b); Authorised by the Chief Parliamentary Counsel 7 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (d) any administrative or judicial process or proceeding involving a claim for any remedy in relation to a process specified in paragraph (a) or an action specified in paragraph (b); S. 3(1) def. of domestic partner of a person means— domestic partner inserted by (a) a person who is in a registered No. 28/2012 relationship with a person; or s. 3(1). Note A registered relationship is defined in subsection (4). (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of drug of dependence has the same meaning as it drug of dependence has in the Drugs, Poisons and Controlled inserted by Substances Act 1981; No. 13/2012 s. 3(1). S. 3(1) def. of examination means an examination under Part 6; examination inserted by No. 28/2012 s. 3(1). S. 3(1) def. of firearm has the same meaning as it has in firearm inserted by section 3(1) of the Firearms Act 1996; No. 13/2012 s. 3(1). S. 3(1) def. of general category handgun has the same meaning general category as it has in section 3(1) of the Firearms handgun Act 1996; inserted by No. 13/2012 s. 3(1). IBAC means the Independent Broad-based Anti-corruption Commission established under section 12; Authorised by the Chief Parliamentary Counsel 8 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F * * * * * S. 3(1) def. of IBAC Committee repealed by No. 2/2019 s. 196(1)(a). IBAC Officer means— S. 3(1) def. of IBAC Officer substituted by (a) the Commissioner; No. 13/2012 s. 3(2). (b) a Deputy Commissioner; (c) the Chief Executive Officer appointed under section 33; (d) a person employed under section 35(1); (e) a person employed or engaged by the IBAC under section 35(2); (f) a person engaged as a consultant under section 36; Integrity and Oversight Committee means S. 3(1) def. of Integrity and the Integrity and Oversight Committee Oversight established by section 5(a) of the Committee inserted by Parliamentary Committees Act 2003; No. 2/2019 s. 196(1)(b). integrity body means— S. 3(1) def. of integrity body inserted by (a) the Auditor-General appointed under No. 28/2012 section 94A of the Constitution s. 3(1), amended by Act 1975; Nos 82/2012 s. 253, 60/2014 (b) the Information Commissioner s. 140(Sch. 3 appointed under the Freedom item 28), 30/2016 of Information Act 1982 in s. 3(b), the Information Commissioner's 16/2016 s. 161(1)(a), capacity under the Privacy and 20/2017 s. 128, Data Protection Act 2014; 9/2020 s. 390(Sch. 1 (ba) the Judicial Commission; item 56.1(b)(c)). Authorised by the Chief Parliamentary Counsel 9 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (c) the Ombudsman appointed under section 3 of the Ombudsman Act 1973; * * * * * (e) the Victorian Inspectorate; (f) the Integrity Commissioner appointed under section 175 of the Law Enforcement Integrity Commissioner Act 2006 of the Commonwealth; (g) the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; (h) the Independent Commission Against Corruption established under section 4 of the Independent Commission Against Corruption Act 1988 of New South Wales; (i) the Police Integrity Commission established under section 6 of the Police Integrity Commission Act 1996 of New South Wales; (j) the Crime and Corruption Commission established under section 220 of the Crime and Corruption Act 2001 of Queensland; (k) the Integrity Commission established under section 7 of the Integrity Commission Act 2009 of Tasmania; (l) the Corruption and Crime Commission established under section 6 of the Corruption and Crime Commission Act 2003 of Western Australia; Authorised by the Chief Parliamentary Counsel 10 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (m) the Commonwealth Ombudsman established under section 4 of the Ombudsman Act 1976 of the Commonwealth; (n) an Ombudsman of another State or a Territory established under an Act of that jurisdiction corresponding to the Ombudsman Act 1973; (na) the Chief Municipal Inspector appointed under section 182 of the Local Government Act 2020; (nb) a Municipal Monitor appointed under section 179 of the Local Government Act 2020; (nc) the Racing Integrity Commissioner established under the Racing Act 1958; (o) any other prescribed person or body which has an integrity function; investigating panel has the same meaning as S. 3(1) def. of investigating it has in Part IIIAA of the Constitution panel Act 1975; inserted by No. 16/2016 s. 161(1)(c). Judicial Commission has the same meaning as S. 3(1) def. of Judicial it has in Part IIIAA of the Constitution Commission Act 1975; inserted by No. 16/2016 s. 161(1)(c). judicial officer means— S. 3(1) def. of judicial officer inserted by (a) a Judge of the Supreme Court; No. 13/2012 s. 3(1), (ab) a reserve Judge of the Supreme Court; amended by Nos 5/2013 (b) an Associate Judge of the Supreme s. 62, 63/2013 Court; s. 86. (ba) a reserve Associate Judge of the Supreme Court; Authorised by the Chief Parliamentary Counsel 11 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (c) a judicial registrar of the Supreme Court; (d) a judge of the County Court; (da) a reserve judge of the County Court; (e) an associate judge of the County Court; (ea) a reserve associate judge of the County Court; (f) a magistrate; (fa) a reserve magistrate; S. 3(1) def. of law enforcement agency means— law enforcement agency (a) Victoria Police; inserted by No. 28/2012 (b) the Victorian WorkCover Authority s. 3(1), within the meaning of the Workplace amended by Nos 67/2013 Injury Rehabilitation and s. 649(Sch. 9 Compensation Act 2013; item 19(1)(a)), 37/2014 (c) the Environment Protection Authority s. 10(Sch. item 85.1(d)). established under section 5 of the Environment Protection Act 1970; (d) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth; (e) the police force or police service (however described) of another State or a Territory; (f) any other prescribed person or body which has a law enforcement function; Authorised by the Chief Parliamentary Counsel 12 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F mandatory notification provision means any of S. 3(1) def. of the following— mandatory notification (a) section 57; provision inserted by No. 30/2016 (b) section 66 of the Audit Act 1994; s. 3(c), amended by (c) section 61 of the Commission for Nos 16/2016 Children and Young People s. 161(2), 12/2019 Act 2012; s. 21(a). (d) section 19A of the Electoral Act 2002; (e) section 54C of the Environment Protection Act 1970; (ea) section 25 of the Judicial Commission of Victoria Act 2016; (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; (i) section 613(1) of the Workplace Injury Rehabilitation and Compensation Act 2013. member of Victoria Police personnel has the S. 3(1) def. of member of same meaning as it has in the Victoria Victoria Police Police Act 2013; personnel inserted by No. 37/2014 s. 10(Sch. item 85.1(a)). Authorised by the Chief Parliamentary Counsel 13 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F S. 3(1) def. of notification to the IBAC means— notification to the IBAC (a) in relation to corrupt conduct, a inserted by notification under section 57(1); No. 13/2012 s. 3(1), amended by (b) in relation to police personnel conduct, Nos 82/2012 a notification under section 57(2), (4) s. 3(a), 67/2013 or (6); s. 649(Sch. 9 item * * * * * 19(1)(b)(c)), 30/2016 (d) a notification under section 66 of the s. 3(d), Audit Act 1994; 16/2016 s. 161(1)(b), 12/2019 (e) a notification under section 19A of the s. 21(b). Electoral Act 2002; (f) a notification under section 54C of the Environment Protection Act 1970; (fa) a notification under section 25 or 48 of the Judicial Commission of Victoria Act 2016; (g) a notification under section 16E of the Ombudsman Act 1973; (h) a notification under section 73 of the Public Administration Act 2004; (i) a notification under section 37G of the Racing Act 1958; (j) a notification under section 613 of the Workplace Injury Rehabilitation and Compensation Act 2013; S. 3(1) def. of Parliamentary Committee means the Integrity Parliamentary Committee and Oversight Committee established inserted by under section 5(a) of the Parliamentary No. 2/2019 s. 179. Committees Act 2003; S. 3(1) def. of person includes an unincorporated association, a person inserted by firm and a partnership; No. 13/2012 s. 3(1). Authorised by the Chief Parliamentary Counsel 14 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F person in charge, for the purposes of Division 1 S. 3(1) def. of of Part 3, means the person who is in charge person in charge of the place or institution where the person inserted by who wishes to make a complaint is a No. 13/2012 s. 3(1). detained person; * * * * * S. 3(1) def. of police force inserted by No. 13/2012 s. 3(1), repealed by No. 37/2014 s. 10(Sch. item 85.1(e)). police gaol has the same meaning as it has in the S. 3(1) def. of police gaol Corrections Act 1986; inserted by No. 13/2012 s. 3(1). police officer has the same meaning as it has in S. 3(1) def. of police officer the Victoria Police Act 2013; inserted by No. 37/2014 Note s. 10(Sch. item 85.1(a)). Police officers include police reservists (see section 45(v) of the Victoria Police Act 2013) and special constables (see section 193(1) of that Act). * * * * * S. 3(1) def. of police personnel inserted by No. 13/2012 s. 3(1), repealed by No. 37/2014 s. 10(Sch. item 85.1(e)). police personnel conduct has the meaning given S. 3(1) def. of police by section 5; personnel conduct inserted by No. 13/2012 s. 3(1). Authorised by the Chief Parliamentary Counsel 15 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F S. 3(1) def. of police personnel conduct complaint has the police meaning given by section 5; personnel conduct complaint inserted by No. 13/2012 s. 3(1). S. 3(1) def. of police personnel misconduct has the meaning police personnel given by section 5; misconduct inserted by No. 13/2012 s. 3(1). S. 3(1) def. of police personnel premises means any premises, or police personnel the part of any premises, occupied by premises Victoria Police or members of Victoria inserted by No. 13/2012 Police personnel for the purposes of use as s. 3(1), an office, a police station, a police gaol, a amended by No. 37/2014 locker room, a command and control centre, s. 10(Sch. an educational and training complex, a item 85.1(f)). forensic laboratory, a storage facility or a special purpose facility, whether or not occupied by any other person or body, but does not include any residential premises; S. 3(1) def. of police recruit has the same meaning as it has in police recruit inserted by the Victoria Police Act 2013; No. 37/2014 s. 10(Sch. item 85.1(a)). S. 3(1) def. of preliminary inquiry means a preliminary inquiry preliminary inquiry under section 59A or 59B; inserted by No. 30/2016 s. 3(e). S. 3(1) def. of prescribed means prescribed by regulations made prescribed inserted by under this Act; No. 13/2012 s. 3(1). Authorised by the Chief Parliamentary Counsel 16 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F prison has the same meaning as it has in the S. 3(1) def. of Corrections Act 1986; prison inserted by No. 13/2012 s. 3(1). prisoner has the same meaning as it has in the S. 3(1) def. of prisoner Corrections Act 1986; inserted by No. 13/2012 s. 3(1). prison officer has the same meaning as it has in S. 3(1) def. of prison officer the Corrections Act 1986; inserted by No. 13/2012 s. 3(1). privilege means— S. 3(1) def. of privilege inserted by (a) any privilege that a person is entitled to No. 13/2012 claim in any proceedings before a court s. 3(1), amended by or tribunal, other than the privilege No. 52/2012 provided for in Division 1C of Part 3.10 s. 17. of the Evidence Act 2008; and (b) public interest immunity; prosecutorial body means— S. 3(1) def. of prosecutorial body (a) the Director of Public Prosecutions inserted by appointed under section 87AB of the No. 28/2012 s. 3(1), Constitution Act 1975; amended by No. 67/2013 (b) the Victorian WorkCover Authority s. 649(Sch. 9 within the meaning of the Workplace item 19(1)(d)). Injury Rehabilitation and Compensation Act 2013; (c) the Director of Public Prosecutions of the Commonwealth appointed under section 18 of the Director of Public Prosecutions Act 1983 of the Commonwealth; (d) the Director of Public Prosecutions of another State or a Territory; Authorised by the Chief Parliamentary Counsel 17 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (e) any other prescribed person or body which has a prosecutorial function; S. 3(1) def. of * * * * * protected disclosure complaint inserted by No. 85/2012 s. 84(1), repealed by No. 2/2019 s. 49(3). S. 3(1) def. of protective services officer has the same meaning protective services as it has in the Victoria Police Act 2013; officer inserted by No. 37/2014 s. 10(Sch. item 85.1(a)). S. 3(1) def. of public body has the meaning given by section 6; public body inserted by No. 13/2012 s. 3(1). S. 3(1) def. of public interest complaint means a disclosure that public interest complaint the IBAC has determined under section 26 of inserted by the Public Interest Disclosures Act 2012 to No. 2/2019 s. 49(1). be a public interest complaint; S. 3(1) def. of Public Interest Monitor has the same meaning as Public Interest Monitor it has in section 4 of the Public Interest inserted by Monitor Act 2011; No. 13/2012 s. 3(1). S. 3(1) def. of public officer has the meaning given by section 6; public officer inserted by No. 13/2012 s. 3(1). S. 3(1) def. of public sector has the meaning given by section 6; public sector inserted by No. 13/2012 s. 3(1). Authorised by the Chief Parliamentary Counsel 18 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F registered medical practitioner means a person S. 3(1) def. of registered under the Health Practitioner registered medical Regulation National Law to practise in the practitioner medical profession (other than as a student); inserted by No. 13/2012 s. 3(1). referral means a referral under Division 5 of S. 3(1) def. of referral Part 3; inserted by No. 28/2012 s. 3(1). relevant head of jurisdiction means— S. 3(1) def. of relevant head of jurisdiction (a) in relation to the Supreme Court, a inserted by Judge of the Supreme Court, an No. 13/2012 s. 3(1), Associate Judge of the Supreme Court amended by or a judicial registrar of the Supreme No. 3/2016 s. 58. Court— (i) the Chief Justice; or (ii) if the Chief Justice is the person whose conduct is being investigated, the President of the Court of Appeal; or (b) in relation to the County Court, a judge of the County Court or an associate judge of the County Court— (i) the Chief Judge of the County Court; or (ii) if the Chief Judge is the person whose conduct is being investigated— (A) if the Chief Judge is a dual commission holder, the Chief Justice; or (B) otherwise, the next most senior judge of the County Court; Authorised by the Chief Parliamentary Counsel 19 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (c) in relation to the Magistrates' Court or a magistrate— (i) the Chief Magistrate; or (ii) if the Chief Magistrate is the person whose conduct is being investigated— (A) if the Chief Magistrate is a dual commission holder, the Chief Judge; or (B) otherwise, the most senior Deputy Chief Magistrate; S. 3(1) def. of relevant offence means— relevant offence inserted by (a) an indictable offence against an Act; or No. 13/2012 s. 3(1), (b) any of the following common law amended by offences committed in Victoria— No. 30/2016 s. 3(f). (i) attempt to pervert the course of justice; (ii) bribery of a public official; (iii) perverting the course of justice; (iv) misconduct in public office; S. 3(1) def. of relevant principal officer means— relevant principal officer (a) the public sector body Head within the inserted by meaning of section 4(1) of the Public No. 13/2012 s. 3(1), Administration Act 2004, in relation amended by to— Nos 37/2014 s. 10(Sch. (i) the public body of which he or she item 85.1(g)), 25/2015 s. 9. is the public sector body Head; and (ii) the public officers employed by that public body; Authorised by the Chief Parliamentary Counsel 20 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (b) the Chief Commissioner of Police, in relation to members of Victoria Police personnel; (c) the Chief Executive Officer of a Council, in relation to members of Council staff employed by that Council; (d) the Chief Executive Officer, within the meaning of the Court Services Victoria Act 2014, in relation to Court Services Victoria established under that Act and the members of the staff of Court Services Victoria; report of the Chief Commissioner of Police S. 3(1) def. of report of the means— Chief Commission- (a) a report on an investigation completed er of Police inserted by by the Chief Commissioner of Police No. 28/2012 under Part 9 or 10 of the Victoria s. 3(1), amended by Police Act 2013; Nos 85/2012 s. 84(2), (b) a report to the IBAC under 37/2014 section 57(3); s. 10(Sch. item 85.1(h))(as amended by No. 21/2015 s. 3(Sch. 1 item 62.3)). restricted matter means— S. 3(1) def. of restricted matter (a) any evidence or information given to, inserted by or obtained by, the IBAC; No. 28/2012 s. 3(1), (b) the contents of any document, or a amended by Nos 30/2016 description of any thing, produced to, s. 3(g), 2/2019 or obtained by, the IBAC; s. 49(2)(c). (c) the contents of any document, or a description of any thing, which the IBAC has made a copy of or seized Authorised by the Chief Parliamentary Counsel 21 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F under Division 3 or Division 4 of Part 4; (d) the existence of, or any information about, a confidentiality notice or a witness summons; (e) the subject matter of an investigation in relation to which a witness summons has been issued; (f) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document or thing to, the IBAC, to be identified or located; (g) the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document or thing to, the IBAC; (h) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012; (i) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint; S. 3(1) def. of search warrant means a warrant issued under search warrant section 91; inserted by No. 13/2012 s. 3(1). Authorised by the Chief Parliamentary Counsel 22 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F senior IBAC Officer means a sworn IBAC S. 3(1) def. of Officer who is the holder of a prescribed senior IBAC Officer office or position or is the holder of an office inserted by or position of a prescribed class of offices or No. 13/2012 s. 3(1). positions; serious injury includes an injury that— S. 3(1) def. of serious injury inserted by (a) is life threatening; or No. 13/2012 s. 3(1). (b) is likely to result in permanent impairment; or (c) is likely to require long-term rehabilitation; or (d) is, in the opinion of the IBAC, of such nature, or occurred in such circumstances, that the infliction of it is likely to bring the IBAC into disrepute or diminish public confidence in it; spouse of a person means a person to whom the S. 3(1) def. of spouse person is married; inserted by No. 28/2012 s. 3(1). sworn IBAC Officer means an IBAC Officer who S. 3(1) def. of sworn IBAC has taken an oath or made an affirmation Officer under this Act; inserted by No. 13/2012 s. 3(1). vehicle has the same meaning as it has in the S. 3(1) def. of vehicle Road Safety Act 1986; inserted by No. 13/2012 s. 3(1). vessel has the same meaning as it has in the S. 3(1) def. of vessel Marine Safety Act 2010; inserted by No. 13/2012 s. 3(1), amended by No. 82/2012 s. 3(b). Authorised by the Chief Parliamentary Counsel 23 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F S. 3(1) def. of Victoria Police has the same meaning as it has in Victoria Police the Victoria Police Act 2013; inserted by No. 37/2014 s. 10(Sch. item 85.1(a)). S. 3(1) def. of Victoria Police employee has the same meaning Victoria Police employee as it has in the Victoria Police Act 2013; inserted by No. 37/2014 s. 10(Sch. item 85.1(a)). S. 3(1) def of Victorian Inspectorate has the same meaning as it Victorian Inspectorate has in section 3 of the Victorian inserted by Inspectorate Act 2011; No. 13/2012 s. 3(1). S. 3(1) def. of Victorian Inspectorate Officer has the same Victorian Inspectorate meaning as it has in section 3 of the Officer Victorian Inspectorate Act 2011; inserted by No. 28/2012 s. 3(1). S. 3(1) def. of witness summons means a witness summons witness summons issued under section 59E(1) or 120(1). inserted by No. 28/2012 s. 3(1), amended by No. 30/2016 s. 3(h). S. 3(2) (2) For the purposes of paragraph (b) of the definition inserted by No. 13/2012 of approved health professional, the Director s. 3(3). within the meaning of the Victorian Institute of Forensic Medicine Act 1985, in writing, may approve a person to take blood samples for the purposes of Division 1 of Part 9 if the Director is of the opinion that the person has the appropriate qualifications, training and experience to take those samples. Authorised by the Chief Parliamentary Counsel 24 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (3) A reference in this Act to the investigative S. 3(3) functions of the IBAC— inserted by No. 13/2012 s. 3(3). (a) in respect of corrupt conduct, is a reference S. 3(3)(a) amended by to the functions specified in section 15(2)(a), No. 28/2012 (3)(a) and (3)(c); s. 3(2)(a). (b) in respect of police personnel conduct, is a S. 3(3)(b) amended by reference to the functions specified in No. 28/2012 section 15(2)(b), (2)(c), (3)(b) and (3)(c). s. 3(2)(b). (4) For the purposes of the definition of domestic S. 3(4) inserted by partner in subsection (1)— No. 28/2012 s. 3(3). (a) registered relationship has the same meaning as it has in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case. 4 Corrupt conduct S. 4 inserted by No. 13/2012 s. 4 (as amended by No. 82/2012 s. 148(1)), amended by No. 28/2012 s. 4. (1) For the purposes of this Act, corrupt conduct S. 4(1) amended by means conduct— No. 30/2016 s. 4(1). (a) of any person that adversely affects the honest performance by a public officer or public body of his or her or its functions as a public officer or public body; or Authorised by the Chief Parliamentary Counsel 25 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (b) of a public officer or public body that constitutes or involves the dishonest performance of his or her or its functions as a public officer or public body; or (c) of a public officer or public body that constitutes or involves knowingly or recklessly breaching public trust; or (d) of a public officer or a public body that involves the misuse of information or material acquired in the course of the performance of his or her or its functions as a public officer or public body, whether or not for the benefit of the public officer or public body or any other person; or S. 4(1)(da) (da) of a person (the first person) intended to inserted by No. 30/2016 adversely affect the effective performance or s. 4(2). 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 (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 (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 Authorised by the Chief Parliamentary Counsel 26 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (e) that could constitute a conspiracy or an S. 4(1)(e) attempt to engage in any conduct referred to amended by No. 30/2016 in paragraph (a), (b), (c), (d) or (da)— s. 4(3). being conduct that would constitute a relevant offence. (1A) For the purposes of this Act, in determining S. 4(1A) inserted by whether conduct would constitute a relevant No. 30/2016 offence, the IBAC may assume that the required s. 4(4). state of mind to commit the relevant offence can be proven. (2) Conduct may be corrupt conduct for the purposes of this Act if— (a) all or any part of the conduct occurs outside Victoria, including outside Australia; and (b) the conduct would be corrupt conduct if it occurred in Victoria. (2A) For the purposes of section 4(1)(da), the effective S. 4(2A) inserted by performance or exercise by a public officer or No. 30/2016 public body of the functions or powers of the s. 4(5). 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 S. 4(2B) inserted by of a first person is— No. 30/2016 s. 4(5). (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; (b) if the first person is a natural person, a person who is a relative of the first person; Authorised by the Chief Parliamentary Counsel 27 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (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 (ii) an employee or officer of a related body corporate within the meaning of the Corporations Act to the first person. S. 4(2C) (2C) For the purposes of subsection (2B)— inserted by No. 30/2016 s. 4(5). 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; (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; (d) a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the spouse or domestic partner of the first person; (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; Authorised by the Chief Parliamentary Counsel 28 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F 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. (3) This Act does not apply to any conduct of any person that can be considered by the Court of Disputed Returns in proceedings in relation to a petition under Part 8 of the Electoral Act 2002. 5 Meaning of police personnel conduct, police S. 5 inserted by personnel conduct complaint and police personnel No. 13/2012 misconduct s. 4 (as amended by No. 82/2012 For the purposes of this Act— s. 148(1)), substituted by police personnel conduct means— No. 37/2014 s. 10(Sch. (a) in relation to a public officer who is a item 85.2). police officer or protective services officer— (i) an act or decision or the failure or refusal by the public officer to act or make a decision in the exercise, performance or discharge, or purported exercise, performance or discharge, whether within or outside Victoria, of a power, function or duty which the public officer has as, or by virtue of being, a police officer or protective services officer; or (ii) conduct which constitutes an offence punishable by imprisonment; or (iii) conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it; or Authorised by the Chief Parliamentary Counsel 29 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (iv) disgraceful or improper conduct (whether in the public officer's official capacity or otherwise); (b) in relation to a public officer who is a Victoria Police employee or police recruit— (i) an act or decision or the failure or refusal by the public officer to act or make a decision in the exercise, performance or discharge, or purported exercise, performance or discharge, whether within or outside Victoria, of a power, function or duty which the public officer has as, or by virtue of being, a Victoria Police employee or police recruit; or (ii) conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it; police personnel conduct complaint means— (a) a complaint made to the IBAC under section 167 of the Victoria Police Act 2013; or (b) a complaint made to the IBAC in relation to the police personnel conduct of a member of Victoria Police personnel other than a police officer or protective services officer; police personnel misconduct means— (a) in relation to a public officer who is a police officer or protective services officer— Authorised by the Chief Parliamentary Counsel 30 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (i) conduct which constitutes an offence punishable by imprisonment; or (ii) conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it; or (iii) disgraceful or improper conduct (whether in the public officer's official capacity or otherwise); (b) in relation to a public officer who is a Victoria Police employee or police recruit, conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it. 6 Definitions of public body, public officer and public S. 6 inserted by sector No. 13/2012 s. 4 (as (1) For the purposes of this Act— amended by No. 82/2012 public body means, subject to this section— s. 148(1)). (a) a public sector body within the meaning of section 4(1) of the Public Administration Act 2004; (b) a body, whether corporate or unincorporated, established by or under an Act for a public purpose, including a university; (c) the Electoral Boundaries Commission constituted under the Electoral Boundaries Commission Act 1982; (d) a Council; (e) a body that is performing a public function on behalf of the State or a public body or public officer (whether under contract or otherwise); Authorised by the Chief Parliamentary Counsel 31 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (f) any other body or entity prescribed for the purposes of this definition; S. 6(1) def. of public officer means, subject to this section— public officer amended by Nos 37/2014 (a) a person employed in any capacity or s. 10(Sch. holding any office in the public sector item 85.3), 16/2016 within the meaning of section 4(1) of s. 162(1), the Public Administration Act 2004; 27/2017 s. 58, 9/2020 (b) a person to whom a provision of the s. 390(Sch. 1 item 56.2). Public Administration Act 2004 applies as a result of the application of Part 7 of that Act; (c) an ongoing employee or temporary employee in the teaching service under the Education and Training Reform Act 2006; (d) a judicial employee employed under Division 3 of Part 6 of the Public Administration Act 2004; (e) a Ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004; (f) an electorate officer within the meaning of the Parliamentary Administration Act 2005; (g) a Parliamentary adviser employed under Division 2 of Part 6 of the Public Administration Act 2004; (h) a Parliamentary officer within the meaning of the Parliamentary Administration Act 2005; (i) a member of Victoria Police personnel; (j) a responsible Minister of the Crown; (k) a member of the Legislative Assembly or the Legislative Council; Authorised by the Chief Parliamentary Counsel 32 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (l) a Councillor within the meaning of section 3(1) of the Local Government Act 2020; (m) a member of Council staff employed under the Local Government Act 2020; (n) a judge, a reserve judge, a magistrate, a reserve magistrate, a coroner or a member of VCAT; (o) an associate judge or a judicial registrar; (p) a Crown Prosecutor; (q) the Chief Crown Prosecutor; (r) the Director of Public Prosecutions; (s) the Governor, the Lieutenant-Governor or the Administrator of the State; (t) the Auditor-General; (u) the Ombudsman; (v) the Electoral Commissioner; (va) the Parliamentary Budget Officer; (w) the holder of any other statutory office or any other prerogative office; (x) any other person in the service of the Crown or a public body; (y) a person that is performing a public function on behalf of the State or a public officer or public body (whether under contract or otherwise); (z) a person who holds, or a person who is a member of a class of persons who hold, an office prescribed to be a public Authorised by the Chief Parliamentary Counsel 33 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F office for the purposes of this definition; (za) an employee of, or any person otherwise engaged by, or acting on behalf of, or acting as a deputy or delegate of, a public body or a public officer; public sector means the sector comprising all public bodies and public officers. (2) The following are not a public body or a public officer for the purposes of this Act— (a) the IBAC; (b) an IBAC Officer; (c) a Public Interest Monitor; (d) the Office of the Special Investigations Monitor; (e) the Special Investigations Monitor appointed under section 5 of the Major Crime (Special Investigations Monitor) Act 2004; (f) the Victorian Inspectorate; (g) a Victorian Inspectorate Officer within the meaning of section 3 of the Victorian Inspectorate Act 2011; S. 6(2)(h) (h) a judicial member of the Courts Council substituted by No. 1/2014 within the meaning of the Court Services s. 68. Victoria Act 2014; S. 6(2)(i) (i) a court; inserted by No. 1/2014 s. 68, substituted by No. 16/2016 s. 162(2). Authorised by the Chief Parliamentary Counsel 34 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (j) an investigating panel; S. 6(2)(j) inserted by No. 16/2016 s. 162(2). (k) a member of an investigating panel. S. 6(2)(k) inserted by No. 16/2016 s. 162(2). (3) In determining if a function is a public function the factors that may be taken into account include— (a) that the function is conferred on the body or person by or under a statutory provision; (b) that the function is of a regulatory nature; (c) that the body that performs the function is a S. 6(3)(c) amended by company (within the meaning of the No. 2/2019 Corporations Act) all of the shares in which s. 113(a). are held by or on behalf of the State; (d) that the body is publicly funded to perform S. 6(3)(d) inserted by the function. No. 2/2019 s. 113(b). (4) To avoid doubt— (a) the factors listed in subsection (3) are not exhaustive of the factors that may be taken into account in determining if a function is a public function; and (b) the fact that one or more of the factors set out in subsection (3) are present in relation to a function does not necessarily result in the function being a public function. (5) The fact that a body or person receives public funds does not of itself make that body or person a public body or public officer for the purposes of this Act. Authorised by the Chief Parliamentary Counsel 35 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F S. 7 (Heading) 7 Public interest complaint taken to be complaint amended by No. 2/2019 (1) For the purposes of this Act, other than s. 50(1). Divisions 1 and 2 of Part 3— S. 7 inserted by No. 85/2012 s. 85. S. 7(1)(a) (a) a public interest complaint that would not amended by No. 2/2019 otherwise constitute a complaint is taken to s. 50(2). be— (i) a complaint made to the IBAC under section 51; or S. 7(1)(a)(ii) (ii) if the disclosure relates to the conduct amended by No. 37/2014 of a member of Victoria Police s. 10(Sch. personnel—a police personnel conduct item 85.4). complaint made to the IBAC under section 52; and S. 7(1)(b) (b) the person who made the public interest amended by No. 2/2019 complaint is taken to be the complainant in s. 50(2). relation to the complaint. S. 7(2) (2) To avoid doubt, a public interest complaint that amended by No. 2/2019 would otherwise constitute a notification under s. 50(2). this Act is taken to be a complaint not a notification. S. 8 8 Objects of Act substituted by No. 13/2012 s. 5. The objects of this Act are to— (a) provide for the identification, investigation and exposure of— S. 8(a)(i) (i) corrupt conduct; and substituted by No. 30/2016 s. 5(1). (ii) police personnel misconduct; S. 8(aa) (aa) provide for the IBAC to prioritise the inserted by No. 30/2016 investigation and exposure of serious corrupt s. 5(2). conduct or systemic corrupt conduct; Authorised by the Chief Parliamentary Counsel 36 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (b) assist in the prevention of— (i) corrupt conduct; and (ii) police personnel misconduct; (c) facilitate the education of the public sector and the community about the detrimental effects of corrupt conduct and police personnel misconduct on public administration and the community and the ways in which corrupt conduct and police personnel misconduct can be prevented; (d) assist in improving the capacity of the public sector to prevent corrupt conduct and police personnel misconduct; (e) provide for the IBAC to assess police personnel conduct. 9 Act binds the Crown (1) This Act binds the Crown— (a) in right of the State of Victoria; and (b) to the extent that the legislative power of the Parliament permits, in all its other capacities. (2) To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations. 10 Application of Act S. 10 inserted by No. 70/2011 This Act does not apply to the Victorian s. 43. Inspectorate or any Victorian Inspectorate Officer within the meaning of the Victorian Inspectorate Act 2011. Authorised by the Chief Parliamentary Counsel 37 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F S. 11 11 Conduct occurring before the commencement of this (Heading) section amended by No. 30/2016 This Act as amended by the Integrity and s. 6(1). Accountability Legislation Amendment S. 11 inserted by (A Stronger System) Act 2016 applies to and No. 28/2012 in respect of conduct all or part of which occurred s. 5, amended by before the commencement of this section if the No. 30/2016 conduct— s. 6(2). S. 11(a) (a) is the conduct of, or in relation to, a person amended by No. 30/2016 or body (whether or not still in existence) s. 6(2). who or which would have been a public officer or public body within the meaning of this Act as amended by the Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016 had this section been in force at the time the conduct occurred; and S. 11(b) (b) would have been corrupt conduct or police amended by No. 30/2016 personnel conduct within the meaning of s. 6(2). this Act as amended by the Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016 had this section been in force at the time the conduct occurred. S. 11A 11A Determination of matter previously considered by inserted by No. 30/2016 the IBAC s. 7. 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 2016— (a) dismissed under section 58(a); or (b) referred to a person or body (other than the Ombudsman) under section 73; or Authorised by the Chief Parliamentary Counsel 38 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 1—Preliminary0F (c) referred to the Ombudsman under section 73 and the Ombudsman has dismissed it or has determined not to investigate it. Authorised by the Chief Parliamentary Counsel 39 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC Part 2—The IBAC Pt 2 Div. 1 (Heading) Division 1—Constitution and staff inserted by No. 28/2012 s. 6. 12 Establishment of the IBAC (1) The Independent Broad-based Anti-corruption Commission is established. (2) The IBAC does not represent the Crown. 13 The IBAC is a body corporate (1) The IBAC— (a) is a body corporate with perpetual succession; (b) has an official seal; (c) may sue and be sued; (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (2) All courts must take judicial notice of the official seal of the IBAC affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (3) The official seal of the IBAC must— (a) be kept in such custody as the IBAC determines; and (b) not be used except as authorised by the IBAC. Note The IBAC is a special body under section 6(1) of the Public Administration Act 2004. Authorised by the Chief Parliamentary Counsel 40 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC 14 Constitution of the IBAC The IBAC consists of one Commissioner appointed by the Governor in Council in accordance with section 20. 15 Functions of the IBAC S. 15 substituted by No. 13/2012 (1) The IBAC has the functions conferred on the s. 6, IBAC under this Act or any other Act. amended by Nos 28/2012 s. 7, 82/2012 s. 254, 85/2012 s. 86. (1A) In performing its functions, the IBAC must S. 15(1A) inserted by prioritise its attention to the investigation and No. 30/2016 exposure of corrupt conduct which the IBAC s. 8(1). considers may constitute serious corrupt conduct or systemic corrupt conduct. (1B) Subsection (1A) does not restrict the IBAC's S. 15(1B) inserted by discretion to determine to investigate any matter No. 30/2016 that the IBAC considers may constitute corrupt s. 8(1). conduct. (2) Without limiting the generality of subsection (1), the IBAC has the following functions— (a) to identify, expose and investigate corrupt S. 15(2)(a) substituted by conduct; No. 30/2016 s. 8(2). (b) to identify, expose and investigate police personnel misconduct; (c) to assess police personnel conduct. (3) Without limiting the generality of subsection (2), the IBAC has the following functions under subsection (2)— (a) to receive complaints and notifications to the IBAC in relation to corrupt conduct; Authorised by the Chief Parliamentary Counsel 41 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (b) in relation to police personnel conduct— (i) to receive police personnel conduct complaints and notifications to the IBAC; S. 15(3)(b)(ii) (ii) to ensure that the highest ethical and amended by No. 37/2014 professional standards are maintained s. 10(Sch. by police officers and protective item 85.5). services officers; S. 15(3)(b)(iii) (iii) to ensure that police officers and amended by No. 37/2014 protective services officers have regard s. 10(Sch. to the human rights set out in the item 85.5). Charter of Human Rights and Responsibilities Act 2006; S. 15(3)(ba) (ba) to conduct preliminary inquiries; inserted by No. 30/2016 s. 8(3). (c) to hold examinations; (d) to make referrals to other persons or bodies. S. 15(4) (4) Without limiting subsections (2) and (3), the amended by No. 2/2019 IBAC has the following functions in relation to s. 51(1). public interest complaints— (a) to investigate any of those complaints that it may investigate in accordance with— (i) its corrupt conduct investigative functions; or (ii) its police personnel conduct investigative functions; (b) to refer the complaints to other persons or bodies to investigate; (c) to dismiss the complaints. (5) The IBAC has education and prevention functions for the purpose of achieving the objects of this Act. Authorised by the Chief Parliamentary Counsel 42 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (6) Without limiting the generality of subsection (5), the IBAC has the following functions under subsection (5)— (a) to examine systems and practices in the public sector and public sector legislation; (b) to provide information to, consult with and make recommendations to, the public sector; (c) to assist the public sector to increase capacity to prevent corrupt conduct and police personnel misconduct by providing advice, training and education services; (d) to provide information and education services to the community about the detrimental effects of corruption on public administration and ways in which to assist in preventing corrupt conduct; (e) to provide information and education services to members of police personnel and the community about police personnel conduct, including the detrimental effects of police personnel misconduct and ways in which to assist in preventing police personnel misconduct; (f) to publish information on ways to prevent corrupt conduct and police personnel misconduct. (7) For the purpose of achieving the objects of this Act, the IBAC has the following functions— (a) to receive information, conduct research and collect intelligence, and to use that information, research and intelligence in support of investigations; (b) to report on, and make recommendations as a result of, the performance of its duties and functions. Authorised by the Chief Parliamentary Counsel 43 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC S. 15(8) * * * * * repealed by No. 70/2016 s. 47. Note to s. 15 Note amended by No. 2/2019 See also Part 8 of the Public Interest Disclosures Act 2012 which s. 51(2). sets out the functions of the IBAC under that Act. 16 Powers of the IBAC The IBAC has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the objects of this Act and the performance of its duties and functions. S. 17 * * * * * amended by Nos 13/2012 s. 7, 28/2012 s. 8 (as amended by No. 82/2012 s. 151(1)), repealed by No. 30/2016 s. 9. 18 IBAC not subject to direction or control The IBAC is not subject to the direction or control of the Minister in respect of the performance of its duties and functions and the exercise of its powers. 19 Independence of the Commissioner (1) The Commissioner is an independent officer of the Parliament. (2) The functions, powers, immunities and obligations of the Commissioner are as specified in this Act and other laws of the State. (3) There are no implied functions, powers, rights, immunities or obligations arising from the Commissioner being an independent officer of the Parliament. Authorised by the Chief Parliamentary Counsel 44 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (4) The powers of the Parliament to act in relation to the Commissioner are as specified in or applying under this Act, the Constitution Act 1975 and other laws of the State. (5) There are no implied powers of the Parliament arising from the Commissioner being an independent officer of the Parliament. (6) Subject to this Act and other laws of the State, the Commissioner has complete discretion in the performance or exercise of his or her duties, functions or powers. (7) In particular and without limiting subsection (6), the Commissioner is not subject to the direction or control of the Minister in respect of the performance or exercise of his or her duties, functions or powers. 20 Appointment of the Commissioner (1) Subject to section 21, the Governor in Council on the recommendation of the Minister may by instrument appoint an eligible person to be the Commissioner. (2) A person is an eligible person if he or she— (a) is or has been, or is qualified for appointment as, a judge of— (i) the High Court; or (ii) the Federal Court; or (iii) the Supreme Court of Victoria or another State or a Territory; (b) is not a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory. Authorised by the Chief Parliamentary Counsel 45 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (3) A person holding a judicial office immediately before being appointed to be the Commissioner must cease to hold that judicial office upon being appointed to be the Commissioner. 21 Veto of proposed Commissioner (1) Subject to subsection (4), the Minister must not make a recommendation under section 20 unless— S. 21(1)(a) (a) the Minister has submitted details of the amended by No. 2/2019 proposed recommendation to the Integrity s. 196(2). and Oversight Committee; and (b) either— S. 21(1)(b)(i) (i) within the time specified in subsection amended by No. 2/2019 (2) the Integrity and Oversight s. 196(2). Committee has informed the Minister that it has decided not to veto the recommendation; or S. 21(1)(b)(ii) (ii) the time specified in subsection (2) amended by No. 2/2019 has elapsed and the Integrity and s. 196(2). Oversight Committee has not vetoed the recommendation. S. 21(2) (2) The Integrity and Oversight Committee must amended by No. 2/2019 make a decision under this section within 30 days s. 196(2). after the Minister has submitted details of the proposed recommendation to the Integrity and Oversight Committee. S. 21(3) (3) The Integrity and Oversight Committee— amended by No. 2/2019 s. 196(2). (a) may decide to veto or not to veto the proposed recommendation; (b) must notify the Minister in writing of its decision within the period specified in subsection (2). Authorised by the Chief Parliamentary Counsel 46 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (4) Subsections (1) to (3) do not apply to the appointment of the first Commissioner under this Act and the Minister may make the recommendation for the appointment of the first Commissioner after the Premier has consulted in relation to the proposed recommendation with the member of the Legislative Assembly who is for the time being the Leader of Her Majesty's Opposition. 22 Duties, functions and powers of the Commissioner The Commissioner— (a) constitutes the IBAC under section 14; (b) is responsible for undertaking the strategic leadership of the IBAC for the purpose of achieving the objects of this Act; (c) has the duties, functions and powers delegated to the Commissioner by the IBAC; (d) has any other duties, functions and powers conferred on the Commissioner under this Act or any other Act. 23 Deputy Commissioners S. 23 amended by No. 28/2012 (1) Subject to subsections (2) and (3), the Governor s. 9. in Council on the recommendation of the Minister may by instrument appoint one or more persons as Deputy Commissioners being persons whom the Minister considers have the experience and qualifications necessary to enable the IBAC to achieve the objects of this Act and perform its duties and functions. (2) The Minister must, in making a recommendation, S. 23(2) amended by ensure that at least one Deputy Commissioner is No. 30/2016 an Australian lawyer. s. 49(1). (3) Before making a recommendation under this section, the Minister must obtain the concurrence of the Commissioner. Authorised by the Chief Parliamentary Counsel 47 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (4) A person holding a judicial office immediately before being appointed to be a Deputy Commissioner must cease to hold that judicial office upon being appointed to be a Deputy Commissioner. 24 Terms and conditions (1) The Commissioner or a Deputy Commissioner holds office for the period not exceeding 5 years as is specified in the instrument of appointment. (2) The Commissioner is not eligible to be re-appointed. (3) A Deputy Commissioner is eligible to be re-appointed. (4) Subject to this section, the Commissioner or a Deputy Commissioner is appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment. (5) The remuneration of the Commissioner or a Deputy Commissioner cannot be reduced during his or her term of office unless he or she consents to the reduction. (6) If a person who has been a judge of the Supreme Court or the County Court or has been the Chief Magistrate is appointed as the Commissioner or a Deputy Commissioner, the appointment does not affect any pension or other rights or privileges the person has as a former judge or Chief Magistrate. (7) If the Commissioner or a Deputy Commissioner was immediately before his or her appointment a judge of the Supreme Court, his or her service as a Commissioner or Deputy Commissioner shall count as service in the office of judge of the Supreme Court for the purposes of entitlement to a pension under section 83 of the Constitution Act 1975. Authorised by the Chief Parliamentary Counsel 48 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (8) If the Commissioner or a Deputy Commissioner was immediately before his or her appointment a judge of the County Court, his or her service as a Commissioner or Deputy Commissioner shall count as service in the office of judge of the County Court for the purposes of entitlement to a pension under section 14 of the County Court Act 1958. (9) If the Commissioner or a Deputy Commissioner was immediately before his or her appointment as the Chief Magistrate, his or her service as a Commissioner or Deputy Commissioner shall count as service in the office of Chief Magistrate for the purposes of entitlement to a pension under section 10A of the Magistrates' Court Act 1989. (10) If the Commissioner or a Deputy Commissioner was immediately before his or her appointment an officer within the meaning of the State Superannuation Act 1988, he or she continues to be such an officer during his or her term of office as the Commissioner or a Deputy Commissioner. (11) The Commissioner or a Deputy Commissioner must not engage in any employment, business or community activity outside the office of Commissioner or Deputy Commissioner that may create an actual or perceived conflict of interest with his or her role as the Commissioner or a Deputy Commissioner. (12) Without limiting the generality of subsection (11), the Commissioner or a Deputy Commissioner must not enter into a contract by which he or she is to provide services or provide services under any contract if the provision of services may create an actual or perceived conflict of interest with his or her role as the Commissioner or a Deputy Commissioner. Authorised by the Chief Parliamentary Counsel 49 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (13) In addition to subsection (11), the Commissioner or a Deputy Commissioner must not, without the approval of the Governor in Council— (a) apply for, or hold, a licence or permit to conduct any trade, business or profession; or Note to Note s. 24(13)(a) amended by This includes a legal practising certificate under the No. 30/2016 Legal Profession Uniform Law (Victoria). s. 49(2). (b) conduct any trade, business or profession; or (c) accept any other employment. (14) The Public Administration Act 2004 does not apply to the Commissioner or a Deputy Commissioner in respect of the office of Commissioner or Deputy Commissioner. S. 24A 24A Pension entitlements of Commissioner, partner and inserted by No. 28/2013 eligible children s. 3. (1) Subject to this section, the Commissioner, and the partner and children of the Commissioner, are entitled to pensions in the circumstances set out in this section and otherwise in the same circumstances and at the same rates and on the same terms and conditions as— (a) a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal) under Part III of the Constitution Act 1975; and (b) the partner and children of such a Judge under Part III of the Constitution Act 1975. (2) Upon retirement or resignation, the Commissioner is entitled to a pension under this section if the Commissioner has attained the age of 65 years and— Authorised by the Chief Parliamentary Counsel 50 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (a) the Commissioner has served in the office of Commissioner for not less than 5 years; or (b) having been appointed, the Commissioner is unable to serve as Commissioner for not less than 5 years, because he or she has become afflicted with a permanent incapacity disabling him or her from the due execution of that office. (3) Upon the death of the Commissioner or any person who was formerly the Commissioner and entitled to a pension under this section, the partner of the Commissioner or former Commissioner is entitled to a pension payable fortnightly at the rate of three-eighths of the salary referred to in subsection (8)(e) until— (a) the partner's death; or (b) the partner becomes the domestic partner or spouse of another person. (4) If there are eligible children of a deceased Commissioner and no pension is otherwise payable under this section to or in respect of that Commissioner, there is to be paid to any person or persons that the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (5). (5) The pension applicable to each eligible child is the amount of the pension that would be payable to the partner of the Commissioner if the partner was entitled to a pension under this section divided by 4 or the number of eligible children (whichever is the greater). (6) Eligible child in relation to a Commissioner means a child, adopted child or stepchild of the Commissioner or his or her partner— (a) who is under the age of 16 years; or Authorised by the Chief Parliamentary Counsel 51 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (b) who— (i) has attained the age of 16 years but is under the age of 25 years; and (ii) is receiving full-time education at a school, college or university. (7) Despite subsection (3), no pension is payable to the partner of any former Commissioner if that partner became the domestic partner or spouse of the former Commissioner after that Commissioner's resignation or retirement, unless in the case of marriage, the spouse was the domestic partner of the Commissioner immediately prior to that Commissioner's resignation or retirement. (8) For the purposes of this section— (a) section 83 of the Constitution Act 1975 is to be construed as if a reference to— (i) service in the office of a Judge of the Court for not less than 10 years is a reference to service in the office of Commissioner for not less than 5 years; and (ii) "Judge" or "Judge of the Court" were a reference to the Commissioner; and (iii) "retirement" or "resignation" includes the expiry of a term of office as Commissioner; and (b) sections 83(1)(a)(ii), (a)(iii) and (aa), (1A), (1B), (6)(aa), (a), (ab), (ac), (b) and (ba), (6A) and (7) of that Act do not apply; and (c) sections 83AA to 83AI of that Act do not apply; and Authorised by the Chief Parliamentary Counsel 52 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (d) section 5A of the Constitution Act 1975 (other than subsection (2A)) applies and is to be construed as if a reference to "Judge" or "Judge of the Court" in that section of that Act were a reference to the Commissioner; and (e) the annual salary on which a pension under this section is calculated is the annual salary for the time being applicable to the office of a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal). (9) If, on the expiration of his or her term of office as Commissioner, a person who served as Commissioner for not less than 5 years is not under subsection (1) entitled to a pension only because he or she has not attained the age of 65 years— (a) on that person attaining the age of 65 years he or she, and his or her partner and children, become entitled to pensions under that subsection in the circumstances, at the rates and on the terms and conditions set out in this section as if he or she had only retired from the office of Commissioner on attaining that age; and (b) any such pension is liable to be suspended or determined in the circumstances and to the extent set out in this section. (10) A pension under this section is otherwise liable to be suspended or determined in the same circumstances and to the same extent as pensions under Part III of the Constitution Act 1975 are liable to be suspended or determined. Authorised by the Chief Parliamentary Counsel 53 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC Example Accepting a judicial appointment, holding any office or place of profit under the Crown in right of the Commonwealth or of a State or engaging in legal practice: see section 83(4) of the Constitution Act 1975. (11) The Commissioner and his or her partner and children are not entitled to a pension under this section if— (a) the Commissioner has held office as a judge of the Supreme Court, an Associate Judge of the Supreme Court, a judge of the County Court, an associate judge of the County Court or the Chief Magistrate; and (b) that person, his or her partner or children are entitled to a pension under— (i) section 83 of the Constitution Act 1975; or (ii) section 104A of the Supreme Court Act 1986; or (iii) section 14 or 17B of the County Court Act 1958; or (iv) section 10A of the Magistrates' Court Act 1989. (12) This section is taken to have effect on and from 1 January 2013. S. 24B 24B Salary sacrifice inserted by No. 28/2013 s. 3. (1) The Commissioner, by notice in writing to the Attorney-General, may enter into an arrangement under which the Commissioner agrees to receive the whole or part of his or her total amount of future salary as non-salary benefits of an equivalent value. (2) A notice under subsection (1) must specify a date from which the arrangement is to take effect which must be— Authorised by the Chief Parliamentary Counsel 54 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (a) the date on which the notice is given; or (b) a later date. (3) The Commissioner may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General. (4) A notice of variation or revocation under subsection (3) must specify a date from which the variation or revocation is to take effect which must be— (a) the date on which the notice is given; or (b) a later date. (5) In this section non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of

Schedule 1A to the Public Administration Act 2004. (6) This section is taken to have effect on and from 1 January 2013. 24C Appropriation of Consolidated Fund S. 24C inserted by No. 28/2013 All pensions under section 24A and any payments s. 3. in connection with those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly. 25 Vacancy and resignation—office of the Commissioner (1) The Commissioner ceases to hold office if he or she— (a) resigns by writing delivered to the Governor; or (b) becomes an insolvent under administration; or (c) is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or Authorised by the Chief Parliamentary Counsel 55 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or (e) is appointed to a judicial office; or S. 25(1)(f) (f) becomes a represented person within the amended by No. 13/2019 meaning of the Guardianship and s. 221(Sch. 1 Administration Act 2019. item 23). (2) The Commissioner ceases to hold office if he or she is removed from office under section 26. 26 Suspension and removal from office of the Commissioner (1) The Governor in Council may suspend the Commissioner from office on any of the following grounds— (a) misconduct; (b) neglect of duty; (c) inability to perform the duties of the office; (d) any other ground on which the Governor in Council is satisfied that the Commissioner is unfit to hold office. (2) The Minister must cause a full statement of the grounds of suspension to be presented to each House of the Parliament on or before the 7th sitting day of that House of the Parliament after the suspension. (3) The Governor in Council must remove the Commissioner from office if each House of the Parliament on or before the 7th sitting day of that House of the Parliament after the statement of the grounds of suspension is presented to it, declares by resolution that the Commissioner ought to be removed from office. Authorised by the Chief Parliamentary Counsel 56 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (4) The Governor in Council must remove the suspension and restore the Commissioner to office unless each House of the Parliament makes a declaration of the kind specified in subsection (3) within the time specified in that subsection. (5) The Commissioner can only be removed from office in accordance with this section. 27 Vacancy and resignation—office of Deputy Commissioner (1) A Deputy Commissioner ceases to hold office if he or she— (a) resigns by writing delivered to the Governor; or (b) becomes an insolvent under administration; or (c) is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or (d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or (e) is appointed to a judicial office; or (f) becomes a represented person within the S. 27(1)(f) amended by meaning of the Guardianship and No. 13/2019 Administration Act 2019. s. 221(Sch. 1 item 23). (2) A Deputy Commissioner ceases to hold office if he or she is removed from office under section 28. 28 Removal from office of a Deputy Commissioner The Governor in Council may remove a Deputy Commissioner from office on any of the following grounds— (a) misconduct; Authorised by the Chief Parliamentary Counsel 57 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (b) neglect of duty; (c) inability to perform the duties of the office; (d) any other ground on which the Governor in Council is satisfied that the Deputy Commissioner is unfit to hold office. 29 Declaration of inability to act The Commissioner or a Deputy Commissioner may declare himself or herself unable to act in respect of a particular matter by reason of an actual or perceived conflict of interest. S. 30 30 Acting appointment amended by No. 28/2012 s. 10. (1) The Governor in Council may on the recommendation of the Minister appoint a person to act in the office of Commissioner or a Deputy Commissioner during— (a) any vacancy (including an initial vacancy) in the office of the Commissioner or Deputy Commissioner; or (b) any period when the person holding the office— (i) is absent from duty; or (ii) is for any other reason unable to perform the duties of the office. (2) Subject to this section, a person appointed under subsection (1) can be appointed for a period not exceeding 6 months. (3) Subject to subsection (4), an acting appointment or acting appointments in respect of each vacancy referred to in subsection (1)(a) or each period referred to in subsection (1)(b) must not exceed a total of 6 months in duration. Authorised by the Chief Parliamentary Counsel 58 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (4) An acting appointment or acting appointments in respect of each vacancy referred to in subsection (1)(a) or each period referred to in subsection (1)(b) must not exceed a total of 12 months in duration, if— (a) a Deputy Commissioner or Deputy Commissioners are appointed to act; or (b) the person appointed to act is a person who is eligible for appointment as the Commissioner under section 20; or (c) the person appointed to act is a person who, in the opinion of the Minister— (i) has the experience and qualifications necessary to enable the IBAC to achieve the objects of this Act and perform its duties and functions; and (ii) has prior experience in a senior role in a body with investigative functions, intelligence gathering functions or substantially similar functions. (5) A vacancy in the office of the Commissioner must be filled by a person appointed in accordance with section 20 within the period of 12 months after the vacancy occurred. (6) The Governor in Council may at any time remove a person acting in the office of the Commissioner or a Deputy Commissioner from the office. (7) While a person is acting in the office of Commissioner or Deputy Commissioner the person— (a) has and may exercise all the powers, and must perform all the functions and duties, of that office; and Authorised by the Chief Parliamentary Counsel 59 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC S. 30(7)(b) (b) is entitled to be paid the remuneration and substituted by allowances specified in the instrument of No. 30/2016 s. 10(1). appointment of that person as acting Commissioner or acting Deputy Commissioner. S. 30(8) * * * * * repealed by No. 30/2016 s. 10(2). 31 Oath or affirmation of office (1) Before a person appointed to be the Commissioner or a Deputy Commissioner or to act in the office of the Commissioner or a Deputy Commissioner assumes the office, he or she must have taken an oath or made an affirmation that he or she— (a) will faithfully and impartially perform the duties and functions and exercise the powers of the office; and (b) will not disclose, except as authorised or required by law, any information received in the performance of the duties and functions or the exercise of the powers of the office. (2) The oath or affirmation is to be administered by the Speaker of the Legislative Assembly. S. 32 32 Delegations substituted by No. 13/2012 s. 8 (as (1) Subject to subsection (2), the IBAC, by amended by instrument, may delegate to— No. 82/2012 s. 148(2)), (a) the Commissioner; amended by No. 28/2012 (b) a Deputy Commissioner— s. 11 (as amended by No. 82/2012 any duty, function or power of the IBAC under s. 151(2)), this Act or any other Act. substituted by No. 30/2016 (2) The IBAC can only delegate any duty, function s. 11. or power of the IBAC under section 117(1), 141, 153(1), 156(1), 162 or 165 to the Commissioner. Authorised by the Chief Parliamentary Counsel 60 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (3) Subject to subsections (4), (5) and (6), the Commissioner, by instrument, may delegate to— (a) a Deputy Commissioner; (b) the Chief Executive Officer; (c) a senior IBAC officer; (d) a person appointed under section 36— 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). (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, S. 32(5) amended by function or power of the Commissioner under No. 22/2020 sections 42(1), 42(3), 42(4), 42(5), 42(7), 47(2), s. 7B. 50(2), 73, 74, 75, 79(2), 81, 84, 85, 91, 119, 127(2), 127(8), 139(1), 141A(1), 141B(1) and 141C(1) to— (a) a Deputy Commissioner; (b) the Chief Executive Officer. (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— (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. Authorised by the Chief Parliamentary Counsel 61 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (7) A Deputy Commissioner, by instrument, may delegate to— (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). (8) The Chief Executive Officer, by instrument, may delegate to— (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). (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. (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 Authorised by the Chief Parliamentary Counsel 62 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC 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. (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 2016 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 (b) it is revoked— whichever first occurs. (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. 33 Chief Executive Officer (1) The IBAC must appoint a person as the Chief Executive Officer of the IBAC. Authorised by the Chief Parliamentary Counsel 63 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (2) The Chief Executive Officer holds office, subject to this Act, on a full-time basis and on such terms and conditions as are determined by the IBAC and specified in the instrument of appointment. (3) The IBAC may at any time remove or suspend the Chief Executive Officer from office. (4) The Chief Executive Officer may resign from the office in writing signed by the Chief Executive Officer and delivered to the IBAC. (5) If the Chief Executive Officer is unable, whether because of illness, suspension, absence or otherwise to perform the duties of the office of the Chief Executive Officer, the IBAC may appoint another person to act in the place of the Chief Executive Officer during the period of inability. (6) A person appointed under this section to act in the place of the Chief Executive Officer while so acting— (a) has all the rights and powers, and must perform the duties, of the Chief Executive Officer; and (b) is entitled to be paid the remuneration and allowances which the Chief Executive Officer would have been entitled to. (7) If the Chief Executive Officer was immediately before his or her appointment an officer within the meaning of the State Superannuation Act 1988, he or she continues to be such an officer while serving with the IBAC. (8) The Chief Executive Officer is the public service body Head of the IBAC for the purposes of section 16 of the Public Administration Act 2004. Authorised by the Chief Parliamentary Counsel 64 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC 34 Oath or affirmation of office by Chief Executive Officer or acting Chief Executive Officer (1) Before a person appointed to be the Chief Executive Officer or to act in the office of the Chief Executive Officer assumes the office, he or she must have taken an oath or made an affirmation that he or she— (a) will faithfully and impartially perform the duties and functions and exercise the powers of the office; and (b) will not disclose, except as authorised or required by law, any information received in the performance of the duties and functions or the exercise of the powers of the office. (2) The oath or affirmation is to be administered by the Commissioner. 35 Staff (1) Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004. (2) The IBAC may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body. 36 Consultants (1) The IBAC may engage persons with suitable qualifications and experience as consultants. (2) Without limiting the generality of subsection (1), the IBAC may appoint an Australian legal practitioner to assist the IBAC as counsel, either generally or in reference to a particular matter. (3) An engagement under this section may be on any terms and conditions the IBAC considers appropriate. Authorised by the Chief Parliamentary Counsel 65 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC 37 Oath or affirmation by staff and consultants (1) Before commencing employment with the IBAC, a person referred to in section 35 must take an oath or make an affirmation that he or she— (a) will faithfully and impartially perform their duties and functions and exercise their powers; and (b) will not disclose, except as authorised or required by law, any information received in the performance of their duties and functions or the exercise of their powers. S. 37(2) (2) The IBAC may require a person engaged under amended by No. 30/2016 section 35(2) or 36 or an officer, sub-contractor, s. 12. agent or employee of a person engaged under section 36 or a person who is to be appointed as an examiner under section 115 to take an oath or make an affirmation that he or she— (a) will faithfully and impartially perform their duties and functions and exercise their powers in the course of the engagement; and (b) will not disclose, except as authorised or required by law, any information received in the performance of their duties and functions or the exercise of their powers in the course of the engagement. (3) The oath or affirmation is to be administered by the Commissioner. S. 38 38 Obligation on staff employed or engaged under substituted by No. 28/2012 section 35 or persons engaged under section 36 not s. 12, to make public comment amended by No. 82/2012 s. 4. A person employed or engaged under section 35 or engaged under section 36 must not publicly comment on— (a) the administration of this Act; or Authorised by the Chief Parliamentary Counsel 66 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (b) the performance of duties and functions or the exercise of powers by the IBAC. 39 Obligation to avoid actual or perceived conflicts of interest An IBAC Officer must ensure that any actual or perceived conflicts of interest are avoided in the performance of their duties and functions and in the exercise of their powers as an IBAC Officer. Pt 2 Div. 2 Division 2—Disclosure by the IBAC (Heading and ss 40, 41) inserted by No. 28/2012 s. 13. 40 Unauthorised disclosures or provision of S. 40 inserted by information No. 28/2012 s. 13, A person who is, or was, an IBAC Officer must amended by Nos 82/2012 not, directly or indirectly, provide or disclose any s. 5, 85/2012 information acquired by the person or the IBAC s. 87. by reason of, or in the course of, the performance of the duties and functions or the exercise of powers of the person or the IBAC under this Act or any other Act except— (a) for the performance of the duties and functions or the exercise of the powers of the person or the IBAC in accordance with this Act or any other Act; or (b) for the purposes of— (i) proceedings for an offence; or (ii) a disciplinary process or action— brought as a result of an investigation conducted by the IBAC or by the Victorian Inspectorate; or Authorised by the Chief Parliamentary Counsel 67 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC S. 40(c) (c) for the purposes of proceedings for an amended by offence against this Act or the Public No. 2/2019 s. 57(Sch. 1 Interest Disclosures Act 2012; or Pt A item 1). S. 40(d) (d) as is otherwise authorised or required to be amended by No. 2/2019 made by or under this Act or the Public s. 57(Sch. 1 Interest Disclosures Act 2012. Pt A item 1). Penalty: 120 penalty units or imprisonment for 12 months or both. Note to s. 40 Note amended by No. 2/2019 The person may be subject to further confidentiality obligations s. 57(Sch. 1 under Part 7 of the Public Interest Disclosures Act 2012. Pt A item 2). S. 41 41 Disclosure or provision of information by the IBAC inserted by No. 28/2012 s. 13, (1) If the IBAC considers it appropriate, the IBAC, at amended by any time, may provide or disclose any information Nos 82/2012 s. 6, 85/2012 acquired by reason of, or in the course of, the s. 88. performance of its duties and functions or the exercise of its powers under this Act or any other Act to any of the following persons or bodies if the IBAC considers that the information is relevant to the performance of the duties and functions or the exercise of powers of that person or body— (a) an integrity body; (b) a law enforcement agency; (c) a prosecutorial body; S. 41(1)(d) (d) the relevant principal officer or any other amended by Nos 67/2014 appropriate senior officer; s. 134(1)(a), 30/2016 s. 13(1). Authorised by the Chief Parliamentary Counsel 68 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (e) a Public Interest Monitor; S. 41(1)(e) inserted by No. 67/2014 s. 134(1)(b). (f) a Coroner; S. 41(1)(f) inserted by No. 67/2014 s. 134(1)(b). (g) a Royal Commission, Board of Inquiry or S. 41(1)(g) inserted by Formal Review; No. 67/2014 s. 134(1)(b). (h) a body established under a law of the S. 41(1)(h) inserted by Commonwealth or of another State or of a No. 67/2014 Territory that is the equivalent of a Royal s. 134(1)(b). Commission, Board of Inquiry or Formal Review; (i) a body having a similar function to a Royal S. 41(1)(i) inserted by Commission, Board of Inquiry or Formal No. 67/2014 Review that is prescribed by the regulations s. 134(1)(b). for the purpose of this subsection. (2) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act). (3) The IBAC must not provide or disclose information under subsection (1) that is likely to lead to the identification of a person who has made an assessable disclosure to— (a) an entity specified in subsection (1)(a), (b), S. 41(3)(a) amended by (c), (e), (f), (g), (h) or (i), if the entity is— No. 67/2014 s. 134(2). (i) the subject of the assessable disclosure; or (ii) the employer of the person who is the subject of the assessable disclosure; or Authorised by the Chief Parliamentary Counsel 69 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (b) an entity specified in subsection (1)(d) in any circumstances. S. 41(4) (4) However, the IBAC may provide or disclose amended by No. 2/2019 under subsection (1) information to which s. 57(Sch. 1 section 53(2)(a), (c) or (d) of the Public Interest Pt A item 3). Disclosures Act 2012 applies. S. 41(4A) (4A) Subject to subsections (2) and (4), if— inserted by No. 30/2016 s. 13(2). (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 (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— the IBAC may at its discretion comply with the request. S. 41(4B) (4B) The IBAC must not provide or disclose inserted by No. 30/2016 information under subsection (4A) that is likely s. 13(2). to lead to the identification of a person who has made an assessable disclosure. S. 41(5) (5) In this section— inserted by No. 67/2014 s. 134(3). Board of Inquiry has the same meaning as in the Inquiries Act 2014; Formal Review has the same meaning as in the Inquiries Act 2014; Authorised by the Chief Parliamentary Counsel 70 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC Royal Commission means— S. 41(5) def. of Royal (a) a Royal Commission established under Commission the Inquiries Act 2014; or amended by No. 30/2016 s. 13(3)(a). (b) a Royal Commission established under the prerogative of the Crown; senior officer means a person who holds a S. 41(5) def. of senior officer position or is a member of a class of inserted by positions that is prescribed for the purposes No. 30/2016 s. 13(3)(b). of this section; Pt 2 Div. 3 Division 3—Confidentiality notices (Heading and ss 42–44) inserted by No. 28/2012 s. 13. 42 Confidentiality notice S. 42 inserted by No. 28/2012 (1) If during an investigation the IBAC considers on s. 13, reasonable grounds that the disclosure of one or amended by No. 85/2012 more restricted matters would be likely to s. 89. prejudice— (a) that investigation; or (b) the safety or reputation of a person; or (c) the fair trial of a person who has been, or may be, charged with an offence— the IBAC may issue a confidentiality notice in respect of that investigation to a person (other than an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or restricted matters in accordance with this section. (1A) If during a preliminary inquiry the IBAC— S. 42(1A) inserted by No. 30/2016 (a) has issued a witness summons to a person; s. 14(1). and Authorised by the Chief Parliamentary Counsel 71 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (b) considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice the preliminary inquiry— 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. (2) A confidentiality notice must— (a) be in the prescribed form; (b) specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued; (c) include a copy of the provisions of subsections (3) to (8) and section 44 and an explanation of the effect of those provisions; (d) include a statement— S. 42(2)(d)(i) (i) advising the person to whom the amended by No. 2/2019 confidentiality notice is issued that s. 52(a). additional obligations under the Public Interest Disclosures Act 2012 relating to confidentiality may apply to the person; and S. 42(2)(d)(ii) (ii) directing the person to the provisions amended by No. 2/2019 of that Act which impose those s. 52(b). obligations. S. 42(2)(e) * * * * * repealed by No. 2/2019 s. 52(c). S. 42(3) (3) If at any time the IBAC considers on reasonable amended by No. 30/2016 grounds that it is necessary to restrict disclosure s. 14(2)(a). of a different restricted matter from any of those specified in a confidentiality notice in respect of a particular investigation to ensure that the matters Authorised by the Chief Parliamentary Counsel 72 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC specified in subsection (1), or in respect of a preliminary inquiry to ensure that the matters specified in subsection (1A), are not likely to be prejudiced, the IBAC must issue to the person to whom the confidentiality notice was issued— (a) a notice cancelling the previous confidentiality notice; and (b) a new confidentiality notice in respect of that S. 42(3)(b) amended by investigation under subsection (1) or (1A). No. 30/2016 s. 14(2)(b). (4) If at any time the IBAC considers on reasonable S. 42(4) amended by grounds that it is no longer necessary to restrict No. 30/2016 disclosure of a particular restricted matter s. 14(2)(a). specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1), or in respect of a preliminary inquiry to ensure that the matters specified in subsection (1A), are not likely to be prejudiced, the IBAC must issue to the person to whom the confidentiality notice was issued— (a) a notice cancelling the previous confidentiality notice; and (b) a new confidentiality notice in respect of that S. 42(4)(b) amended by investigation under subsection (1) or (1A). No. 30/2016 s. 14(2)(b). (5) If at any time the IBAC considers on reasonable S. 42(5) amended by grounds that it is no longer necessary to restrict No. 30/2016 disclosure of the restricted matter or restricted s. 14(2)(a). matters specified in a confidentiality notice in respect of a particular investigation to ensure that the matters specified in subsection (1), or in respect of a preliminary inquiry to ensure that the matters specified in subsection (1A), are not likely to be prejudiced, the IBAC must issue to the person to whom the confidentiality notice was Authorised by the Chief Parliamentary Counsel 73 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC issued a notice cancelling the confidentiality notice. (6) A confidentiality notice in respect of a particular investigation ceases to have effect on whichever of the following occurs first— (a) the date on which the IBAC issues a notice cancelling the confidentiality notice under subsection (3), (4) or (5); (b) the date which is the expiry of the period of 5 years from the date on which the first confidentiality notice in respect of that investigation was issued to that person or, if an extension is granted under subsection (8), the date on which the period of extension expires. (7) If the IBAC considers on reasonable grounds that it is necessary to extend the period of 5 years specified in subsection (6)(b) on any of the grounds specified in subsection (8), the IBAC may apply to the Supreme Court for an extension of the period. (8) The Supreme Court, on the application of the IBAC, may, by order, extend the period of 5 years specified in subsection (6)(b), if the Supreme Court is satisfied that an extension is necessary to avoid prejudice to— (a) the investigation being conducted by the IBAC; or (b) the safety or reputation of a person; or (c) the fair trial of a person who has been, or may be, charged with an offence; or (d) any proceedings that are proposed to be commenced or which have not been finally determined. Authorised by the Chief Parliamentary Counsel 74 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (9) A confidentiality notice under subsection (1) or S. 42(9) (1A) or a notice cancelling a confidentiality notice amended by Nos 30/2016 under subsection (3), (4) or (5) may be issued to a s. 14(3), person by serving a copy on the person in the 11/2021 s. 127. same manner that a witness summons can be served under section 59I, 59J, 124(3), 124(4), 124(5), 125 or 191(1) or (2). 43 IBAC to provide Victorian Inspectorate with copies S. 43 inserted by No. 28/2012 The IBAC, as soon as reasonably practicable, s. 13. must provide the Victorian Inspectorate with a copy of— (a) each confidentiality notice issued by the IBAC; (b) each notice cancelling a confidentiality notice issued by the IBAC under section 42(3), (4) or (5); (c) each application to the Supreme Court under section 42(7) to extend the period of a confidentiality notice; (d) each order made under section 42(8) by the Supreme Court extending the period of a confidentiality notice. 44 Disclosure subject to confidentiality notice S. 44 inserted by No. 28/2012 s. 13, amended by Nos 82/2012 s. 7, 85/2012 s. 90. (1) Subject to subsections (2), (2A), (2B), (3), (4) and S. 44(1) amended by (5), a person who— No. 2/2019 s. 53(1). (a) is duly served with a confidentiality notice by the IBAC under section 42(9), and if applicable, any order extending the confidentiality notice; or Authorised by the Chief Parliamentary Counsel 75 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (b) receives a copy of a confidentiality notice under subsection (6) or (7) and, if applicable, a copy of any order extending the confidentiality notice— must not disclose a restricted matter specified in the confidentiality notice while it has effect. Penalty: 120 penalty units or imprisonment for 12 months or both. Note to Note s. 44(1) amended by A person who is served with or receives a confidentiality No. 2/2019 notice may be subject to further confidentiality obligations s. 53(2). under Part 7 of the Public Interest Disclosures Act 2012. Note 2 to Note 2 s. 44(1) inserted by Section 185 applies to an offence against this subsection. No. 30/2016 s. 46(1). (2) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances— (a) in accordance with a direction or authorisation given by the IBAC; (b) to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 42, including if the person— (i) does not have a sufficient knowledge of the English language to understand the nature of the witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 42, to an interpreter; Authorised by the Chief Parliamentary Counsel 76 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (ii) is a person under the age of 18 years, to a parent, guardian or independent person; (iii) is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 42 without assistance, to an independent person; (c) subject to section 127(2) and (8), for the purposes of obtaining legal advice or representation in relation to— (i) a witness summons, a confidentiality notice or an order extending a confidentiality notice under section 42; (ii) the person's rights, liabilities, S. 44(2)(c)(ii) substituted by obligations and privileges under No. 2/2019 this Act or a relevant Act; s. 53(3)(a). (ca) for the purposes of a proceeding for an S. 44(2)(ca) inserted by offence against, or a disciplinary process or No. 2/2019 action instituted in respect of conduct that s. 53(3)(b). could constitute an offence against, the Judicial Commission of Victoria Act 2016 or Part IIIAA of the Constitution Act 1975; (d) by an Australian legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with his or her client; Authorised by the Chief Parliamentary Counsel 77 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC S. 44(2)(e) (e) to any of the following persons, unless the substituted by IBAC directs that the restricted matter must No. 2/2019 s. 53(3)(c). not be disclosed to that person— (i) the spouse or domestic partner of the person served with the confidentiality notice; (ii) the employer or manager of the person served with the confidentiality notice, or both; S. 44(2)(f) (f) in any of the following circumstances, unless inserted by No. 2/2019 the IBAC directs that the restricted matter s. 53(3)(c). must not be disclosed in that circumstance— (i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued— (A) a registered health practitioner; (B) a trade union, within the meaning of the Workplace Relations Act 1996 of the Commonwealth, of which the person is a member; (C) an employee assistance program; (ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim; (iii) to a prescribed service for a purpose prescribed for that service; (iv) for the purpose of an application to the Fair Work Commission, including any related proceeding; S. 44(2)(g) (g) as is otherwise authorised or required to be inserted by No. 2/2019 made by or under this Act. s. 53(3)(c). Authorised by the Chief Parliamentary Counsel 78 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (2A) Despite subsection (1), a restricted matter S. 44(2A) specified in a confidentiality notice may be inserted by No. 2/2019 disclosed to an investigating entity to which the s. 53(4). IBAC has referred the relevant matter under section 73. (2B) Despite subsection (1), a restricted matter S. 44(2B) inserted by specified in a confidentiality notice may be No. 2/2019 disclosed to Victoria Police if— s. 53(4). (a) the IBAC has disclosed information to the Chief Commissioner of Police under section 41 relating to actual or potential criminal conduct; and (b) the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct. (3) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of making a complaint to the Victorian Inspectorate about the conduct of the IBAC or of an IBAC Officer. (4) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of complying with a witness summons served on a person by the Victorian Inspectorate under the Victorian Inspectorate Act 2011. (5) Despite subsection (1), a restricted matter S. 44(5) amended by specified in a confidentiality notice may be No. 2/2019 disclosed if the disclosure made is of information s. 53(5). that has been published by the IBAC, another investigating entity or the Integrity and Oversight Committee in a report or has otherwise been made public in accordance with this or any other Act. Authorised by the Chief Parliamentary Counsel 79 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (6) A person who makes a disclosure of information permitted by subsection (2) must, when making the disclosure, provide the person to whom the disclosure is made with a copy of the confidentiality notice and of any order extending the confidentiality notice under section 42, unless the person has a reasonable excuse for not doing so. Penalty: 120 penalty units or imprisonment for 12 months or both. Note to Note s. 44(6) inserted by Section 185 applies to an offence against this subsection. No. 30/2016 s. 46(2). S. 44(7) (7) If in respect of a particular investigation or amended by No. 30/2016 preliminary inquiry a person who makes a s. 15. disclosure of information permitted by subsection (2) receives a new confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice under section 42, the person must as soon as reasonably practicable provide a copy of the new confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice to each person to whom the disclosure has been made, unless the person has a reasonable excuse for not doing so. Penalty: 120 penalty units or imprisonment for 12 months or both. Note to Note s. 44(7) inserted by Section 185 applies to an offence against this subsection. No. 30/2016 s. 46(3). S. 44(8) (8) In this section— inserted by No. 2/2019 s. 53(6). Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth; Authorised by the Chief Parliamentary Counsel 80 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC investigating entity has the same meaning as in section 3 of the Public Interest Disclosures Act 2012; registered health practitioner means a person registered under the Health Practitioner National Law to practise a health profession (other than as a student); relevant Act means— S. 44(8) def. of relevant Act amended by (a) the Public Interest Disclosures No. 9/2020 Act 2012; or s. 390(Sch. 1 item 56.3). (b) the Ombudsman Act 1973; or (c) the Victorian Inspectorate Act 2011; or (d) Part 10 of the Victoria Police Act 2013; or (e) the Fair Work Act 2009 of the Commonwealth; or (f) the Judicial Commission of Victoria Act 2016; or (g) Part IIIAA of the Constitution Act 1975; or (h) the Local Government Act 2020; or (i) the Racing Act 1958; or (j) the Freedom of Information Act 1982; Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013. Authorised by the Chief Parliamentary Counsel 81 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC Pt 2 Div. 4 Division 4—Protection of persons and documents (Heading and ss 45–50) inserted by No. 28/2012 s. 13. S. 45 45 Who is a protected person? inserted by No. 28/2012 s. 13. For the purposes of this Division, a protected person means a person who is or was at any time— (a) an IBAC Officer; or (b) a person other than a natural person engaged under section 36, if any officer or employee of the person has taken an oath or made an affirmation under section 37; or (c) the members of a body engaged under section 36, if any member, officer or employee of the body has taken an oath or made an affirmation under section 37. S. 46 46 What is a protected document or other thing? inserted by No. 28/2012 s. 13. For the purposes of this Division, a protected document or other thing is a document or other thing the production or inspection of which— (a) is likely to— (i) reveal the identity of an informer or put an informer's safety at risk; or (ii) reveal the identity of a person who has been summoned, or who has appeared, as a witness in an examination, or put that person's safety at risk; or (iii) reveal the identity of a person who has provided the IBAC with information relating to an investigation, or put that person's safety at risk; or Authorised by the Chief Parliamentary Counsel 82 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (iv) reveal the identity of a person whose name appears in any evidence given or information provided to the IBAC relating to an investigation, or put that person's safety at risk; or (v) reveal the identity of a person who is, or has been, the subject of an investigation, or put that person's safety at risk; or (b) is likely to place at risk— (i) an investigation under this Act; or (ii) any other investigation by the Victorian Inspectorate, a law enforcement agency or an integrity body; or (c) is likely to risk the disclosure of any secret investigative method used by the IBAC, the Victorian Inspectorate, a law enforcement agency or an integrity body; or (d) is otherwise not in the public interest. 47 Protected documents and other things in S. 47 inserted by proceedings, processes or actions other than No. 28/2012 criminal proceedings s. 13. (1) This section applies to— (a) any legal proceeding other than a criminal proceeding; (b) any proceeding, other than a criminal proceeding, of any tribunal, authority or person having power to require the production of documents or the answering of questions, other than the Victorian Inspectorate; (c) any disciplinary process or action. Authorised by the Chief Parliamentary Counsel 83 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC S. 47(2) (2) In any proceeding, process or action to which amended by this section applies, a protected person is not No. 30/2016 s. 16. compellable to produce, or permit inspection of, any document or other thing that the protected person has created or that has come into his or her possession or control in the performance of the duties and functions or the exercise of the powers of the person or the IBAC under this Act or any other Act, if the IBAC certifies in writing that in the IBAC's opinion the document or thing is a protected document or other thing. S. 48 48 Production and inspection of protected documents inserted by No. 28/2012 and things in criminal proceedings s. 13. (1) This section applies if, in a criminal proceeding— S. 48(1)(a) (a) a subpoena is issued for a protected person to amended by No. 30/2016 produce any document or other thing that the s. 17. protected person has created or that has come into his or her possession or control in the performance of the duties and functions or the exercise of the powers of the person or the IBAC under this Act or any other Act; and (b) the protected person objects, on the basis that the document or other thing is a protected document or other thing, to— (i) the production of the document or other thing in the criminal proceeding; or (ii) the inspection of the document or other thing by one or more parties to the criminal proceeding. (2) The protected person must— (a) give notice of the objection to each party to the criminal proceeding, indicating the category of the document or other thing; and Authorised by the Chief Parliamentary Counsel 84 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (b) apply to the court hearing the criminal proceeding to determine the application— (i) by confidential affidavit that is not disclosed to one or more of the parties or any representative of those parties; or (ii) at a hearing held in closed court in which the protected person and each party to the proceeding has a right to be heard by the court regarding the objection; or (iii) at a hearing held without notice to, and without the presence of, one or more of the parties or any representative of those parties; or (iv) by any combination of the methods set out in subparagraphs (i) to (iii). (3) If the court is satisfied that it is not in the public interest to determine the application under subsection (2) by the method elected by the protected person, the court may determine the application by any other method set out in subsection (2)(b) that it thinks fit. (4) In deciding which method to use to determine the application, the court must take into account— (a) the public interest in protecting the confidentiality of any secret investigative method used by the IBAC, the Victorian Inspectorate, a law enforcement agency or an integrity body and documents and other things in the possession or control of the IBAC; and (b) the extent to which the method of determining the objection which is the subject of the application may disclose information that— Authorised by the Chief Parliamentary Counsel 85 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (i) reveals the identity of an informer or puts an informer's safety at risk; or (ii) reveals the identity of a person who has been summoned, or who has appeared, as a witness in an examination, or puts that person's safety at risk; or (iii) reveals the identity of a person who has provided the IBAC with information relating to an investigation, or puts that person's safety at risk; or (iv) reveals the identity of a person whose name appears in any evidence given or information provided to the IBAC relating to an investigation, or puts that person's safety at risk; or (v) reveals the identity of a person who is or has been the subject of an investigation, or puts that person's safety at risk; or (vi) places at risk an ongoing investigation under this Act or by the Victorian Inspectorate, a law enforcement agency or an integrity body; or (vii) places at risk the disclosure of any secret investigative method used by the IBAC, the Victorian Inspectorate, a law enforcement agency or an integrity body; or (viii) it would otherwise not be in the public interest to disclose. (5) If the court determines the objection by the method of confidential affidavit set out in subsection (2)(b)(i), the court may require the protected person to provide the court with any further confidential affidavits the court requires to determine the objection. Authorised by the Chief Parliamentary Counsel 86 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (6) Without limiting any other basis on which the court may refuse to require production of the document or other thing, or to allow a party to the criminal proceeding to inspect the document or other thing, the court must refuse to so require or allow if the court determines that the document or other thing is a protected document or other thing. (7) Subsection (6) does not apply if the party seeking production or inspection of the document or other thing satisfies the court that exceptional circumstances exist that require the production or inspection of the document or other thing. 49 Court may appoint special counsel to represent S. 49 inserted by party No. 28/2012 s. 13. (1) If a court decides to determine an objection referred to in section 48, the court may appoint a special counsel to represent the interests of a party to the proceeding at the hearing. (2) A special counsel must be a barrister within the S. 49(2) amended by meaning of the Legal Profession Uniform Law No. 30/2016 (Victoria) who, in the opinion of the court, has the s. 49(3). appropriate skills and ability to represent the interests of the party at the hearing. (3) At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the objection, the special counsel may communicate with the party whose interests he or she is representing, or any representative of that party, for the purpose of obtaining information from the party or representative in relation to the criminal proceeding. (4) At any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the objection, the special counsel— Authorised by the Chief Parliamentary Counsel 87 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 2—The IBAC (a) must not take instructions from the party whose interests he or she is representing, or from any representative of that party; and (b) may communicate to that party or a representative of that party any order made by the court at or in relation to the hearing; and (c) must not communicate any other information in relation to the hearing to that party or a representative of that party without leave of the court. S. 50 50 Compellability of protected persons as witnesses inserted by No. 28/2012 s. 13. (1) This section applies to— (a) any legal proceeding; (b) any proceeding of any tribunal, authority or person having power to require the production of documents or the answering of questions, other than the Victorian Inspectorate; (c) any disciplinary process or action. (2) In any proceeding, process or action to which this section applies, a protected person is not compellable to disclose any matter or thing of which the person has knowledge as a result of the performance of the duties and functions or the exercise of powers of the person or the IBAC under this Act or any other Act, unless the IBAC certifies in writing that in the IBAC's opinion the giving of evidence by the protected person is in the public interest. Authorised by the Chief Parliamentary Counsel 88 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations Part 3—Investigations Pt 3 (Heading and ss 34, 35) substituted as Division 1—Complaints to the IBAC Pt 3 (Headings and ss 51–70) by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)). 51 Complaints to the IBAC about corrupt conduct S. 51 substituted by No. 13/2012 A person may make a complaint to the IBAC s. 9 (as about conduct the person believes may be corrupt amended by No. 82/2012 conduct. s. 148(3)). 52 Police personnel conduct complaints to the IBAC S. 52 substituted by No. 13/2012 A person may make a police personnel conduct s. 9 (as complaint to the IBAC. amended by No. 82/2012 s. 148(3)). 53 Complaint to be in writing S. 53 inserted by No. 13/2012 A complaint to the IBAC must be made in writing s. 9 (as unless the IBAC determines that there are amended by No. 82/2012 exceptional circumstances for a complaint to be s. 148(3)). made otherwise than in writing. 54 Complaint from detained person S. 54 inserted by No. 13/2012 (1) This section applies if a detained person wishes s. 9 (as to— amended by No. 82/2012 (a) provide information or make a complaint to s. 148(3)), amended by the IBAC under this Act; or No. 85/2012 s. 91. (b) make a disclosure to the IBAC under Part 2 S. 54(1)(b) amended by of the Public Interest Disclosures Act 2012. No. 2/2019 s. 57(Sch. 1 Pt A item 4). Authorised by the Chief Parliamentary Counsel 89 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (2) The detained person may inform the person in charge that he or she wishes to communicate with the IBAC. (3) The detained person is not required to inform the person in charge of the content or purpose of that communication. (4) On being informed by the detained person of his or her wish to communicate with the IBAC, the person in charge must— (a) take all reasonable steps to facilitate that communication; and (b) subject to subsection (6), immediately forward, unopened, to the IBAC any letter addressed to the IBAC by the detained person. (5) Subject to subsection (6), if a letter from the IBAC is addressed to the detained person, the person in charge must ensure that it is immediately forwarded, unopened, to the detained person. (6) If a letter referred to in subsection (4)(b) or (5) is suspected by the person in charge to contain drugs, weapons or other contraband, the letter may be opened by the person in charge, or his or her delegate, in the presence of— (a) in the case of a letter addressed to the IBAC, the person who wrote the letter and an IBAC Officer; or (b) in the case of a letter from the IBAC to the detained person, the person to whom the letter is addressed and an IBAC Officer. Authorised by the Chief Parliamentary Counsel 90 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (7) Subject to subsection (6), a person, including a person in charge, must not prevent or hinder the forwarding, unopened, of a letter— (a) addressed to the IBAC from a detained person; or (b) to a detained person from the IBAC. Penalty: 120 penalty units or imprisonment for 12 months or both. Note Note to s. 54(7) Section 185 applies to an offence against this subsection. inserted by No. 30/2016 s. 46(4). 55 Withdrawal of complaint S. 55 inserted by No. 13/2012 (1) Subject to subsection (4), a person who makes a s. 9 (as complaint may withdraw the complaint at any amended by No. 82/2012 time after making it. s. 148(3)), amended by (2) If a complaint is withdrawn, the IBAC may No. 85/2012 continue to investigate the matter that is the s. 92. subject of the complaint. (3) If a complaint is withdrawn and the IBAC continues to investigate the matter that is the subject of the complaint the investigation is taken to be an investigation conducted by the IBAC on its own motion. (4) A complaint that is a public interest complaint S. 55(4) amended by may not be withdrawn. No. 2/2019 s. 57(Sch. 1 Pt A item 5). Authorised by the Chief Parliamentary Counsel 91 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations Division 2—Information and notifications to the IBAC S. 56 56 The IBAC may receive information inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)). S. 56(1) (1) The IBAC may receive from any body or person amended by No. 30/2016 information relevant to the carrying out of the s. 18(1). IBAC's investigative functions or the IBAC's functions under section 15(7)(a) or conducting a preliminary inquiry under Division 3A. (2) The IBAC may receive information under subsection (1) even if that information does not form part of, or is not related to, a complaint. S. 56(2A) (2A) The IBAC may receive from any person or body inserted by No. 2/2019 information relevant to a decision by the IBAC to s. 114. defer taking action under section 58 in relation to a complaint or notification. S. 56(3) (3) The IBAC may use information received under amended by No. 30/2016 this section in carrying out its investigative s. 18(2). functions or conducting a preliminary inquiry under Division 3A. S. 57 57 Notifications to the IBAC inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)). S. 57(1) (1) Subject to any exemption notices issued under substituted by No. 30/2016 section 57B, the relevant principal officer must s. 19. notify the IBAC of any matter which the person suspects on reasonable grounds involves corrupt conduct occurring or having occurred. Authorised by the Chief Parliamentary Counsel 92 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (1A) Subsection (1) does not apply to— S. 57(1A) inserted by (a) the Chief Commissioner of Police; or No. 30/2016 s. 19. (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 (c) any matter involving corrupt conduct of the IBAC or IBAC personnel. (2) The Chief Commissioner of Police must notify S. 57(2) amended by the IBAC of any complaint received by the Chief No. 37/2014 Commissioner of Police about corrupt conduct or s. 10(Sch. item 85.6(a)). police personnel misconduct by a Victoria Police employee or police recruit. (3) If the Chief Commissioner of Police investigates S. 57(3) amended by a complaint about police personnel misconduct No. 37/2014 by a Victoria Police employee or police recruit, s. 10(Sch. item 85.6(a)). after completing that investigation, the Chief Commissioner of Police must in writing report to the IBAC on— (a) the results of the investigation; and (b) the action (if any) taken or proposed to be taken. Note Note to s. 57(3) Under sections 169 and 170 of the Victoria Police substituted by Act 2013, the Chief Commissioner of Police must provide No. 37/2014 s. 10(Sch. the IBAC with certain details relating to complaints about item 85.6(b)). police officers or protective services officers. (4) The Chief Commissioner of Police must notify the S. 57(4) amended by IBAC of any complaint made to a police officer or No. 37/2014 protective services officer under section 167 of the s. 10(Sch. item 85.6(c)). Victoria Police Act 2013 about conduct of— (a) the Chief Commissioner of Police; or Authorised by the Chief Parliamentary Counsel 93 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (b) a Deputy Commissioner of Police; or (c) an Assistant Commissioner of Police. (5) A notification under subsection (2) or (4) must be made as soon as practicable after the Chief Commissioner of Police receives the complaint. S. 57(6) (6) The Chief Commissioner of Police may notify the amended by No. 37/2014 IBAC about police personnel conduct of a s. 10(Sch. member of Victoria Police personnel. item 85.6(d)). (7) This section has effect despite any duty of secrecy or other restriction on disclosure. S. 57A 57A Directions inserted by No. 30/2016 s. 20. (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. (2) Without limiting the generality of subsection (1), Directions may— (a) specify the types of matters that must be notified; (b) relate to a specified mandatory notification provision or the obligations of a specified person under a mandatory notification provision; (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. (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. Authorised by the Chief Parliamentary Counsel 94 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (4) Directions take effect— (a) on the day after the Directions are published in the Government Gazette; or (b) on any later day specified in the Directions. (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— (a) the Auditor-General; (b) a Department Head of a Department of the Parliament; (c) the Electoral Commissioner; (ca) the Judicial Commission; S. 57A(6)(ca) inserted by No. 16/2016 s. 163. (d) the Ombudsman. 57B Exemption notice S. 57B inserted by No. 30/2016 (1) The IBAC may issue an exemption notice for or s. 20. with respect to a mandatory notification provision. (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. (4) An exemption notice takes effect— (a) on the day after the exemption notice is published in the Government Gazette; or (b) on any later day specified in the exemption notice. Authorised by the Chief Parliamentary Counsel 95 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations Pt 3 Div. 3 Division 3—IBAC obligations in relation to (Heading and ss 58, 59) complaints and notifications to the IBAC inserted by No. 28/2012 s. 14. S. 58 58 IBAC must dismiss, investigate or make referral inserted by No. 28/2012 s. 14. In relation to any complaint or notification to the IBAC, the IBAC must, in accordance with this Act— (a) dismiss the complaint or notification if there are grounds to do so; or (b) investigate the complaint or notification; or (c) make a referral of the complaint or notification. S. 58A 58A IBAC may defer decision pending investigation by inserted by No. 2/2019 other person or body s. 115. (1) The IBAC may defer taking action under section 58 in relation to a complaint or notification, other than a public interest complaint, if— (a) the subject matter of the complaint or notification— (i) is being investigated by a person or body specified in section 73(2); and (ii) is relevant to the duties, functions or powers of that person or body; and (b) the IBAC considers— (i) it more appropriate that the person or body investigate the complaint or notification; and (ii) it is otherwise appropriate for the person or body to continue that investigation. Authorised by the Chief Parliamentary Counsel 96 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (2) In deciding whether to defer taking action under section 58, the IBAC may consult with the person or body conducting the investigation. (3) The IBAC must not defer taking action under section 58 any later than— (a) the completion of the investigation by the person or body; or (b) 90 days after receiving the complaint or notification— whichever occurs first. (4) Nothing in subsection (3) prevents the IBAC from taking action under section 58 or conducting a preliminary inquiry under section 59A at any time before the investigation by the person or body has been completed or before the period specified in subsection (3)(b) has elapsed. (5) If the IBAC defers taking action under section 58, the IBAC may do one or both of the following— (a) provide to the person or body conducting the investigation any information that the IBAC has in relation to the complaint or notification; (b) require the person or body to provide to the IBAC, within a reasonable time, information regarding the investigation and any action taken in respect of the investigation. Authorised by the Chief Parliamentary Counsel 97 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations S. 59 59 Notice of dismissal, investigation or referral of inserted by complaint or notification No. 28/2012 s. 14, amended by Nos 82/2012 s. 8, 85/2012 s. 93. S. 59(1) (1) Subject to subsections (2) and (4), the IBAC may amended by No. 30/2016 notify the person who made a complaint to the s. 21(1), IBAC— substituted by No. 2/2019 s. 116(1). (a) of the action referred to in section 58 that the IBAC has taken; or (b) if applicable, that the IBAC has deferred taking that action while the subject matter of the complaint is being investigated by another person or body. S. 59(2) (2) Subject to subsection (4), the IBAC must notify amended by No. 2/2019 the person who made a public interest complaint s. 57(Sch. 1 of— Pt A item 6). (a) the action referred to in section 58 which the IBAC has taken; and S. 59(2)(b) (b) in the case of a decision by the IBAC to amended by No. 2/2019 dismiss the public interest complaint—the s. 57(Sch. 1 reasons for the decision. Pt A item 6). S. 59(3) (3) A notification under subsection (2) must be given amended by No. 70/2013 within a reasonable time after the action has been s. 3(Sch. 1 taken or the investigation has commenced. item 23.2). S. 59(3A) (3A) Subject to subsection (4), the IBAC may notify inserted by No. 30/2016 the person who made a notification to the IBAC— s. 21(2), substituted by (a) of the action referred to in section 58 that the No. 2/2019 s. 116(2). IBAC has taken; or Authorised by the Chief Parliamentary Counsel 98 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (b) if applicable, that the IBAC has deferred taking that action while the subject matter of the notification is being investigated by another person or body. (4) The IBAC must not notify a person under S. 59(4) amended by subsection (1), (2) or (3A) if the IBAC considers No. 30/2016 that notifying that person would— s. 21(3). (a) not be in the public interest or in the interests of justice; or (b) put a person's safety at risk; or (c) cause unreasonable damage to a person's reputation; or (d) prejudice an investigation under this Act or S. 59(4)(d) amended by an investigation by Victoria Police or the No. 37/2014 person or body to which the referral was s. 10(Sch. item 85.7). made; or (e) otherwise contravene any applicable statutory secrecy obligations or which would involve the unreasonable disclosure of information relating to the personal affairs of any person. (5) A notification under subsection (1) or (2), other S. 59(5) substituted by than a notification relating to the dismissal of a No. 2/2019 complaint under section 58(a), must include a s. 116(3). written statement advising the recipient that it is an offence under section 184 to disclose the content of the notification. Authorised by the Chief Parliamentary Counsel 99 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations Pt 3 Div. 3A Division 3A—Preliminary inquiries (Heading and ss 59A– 59P) inserted by No. 30/2016 s. 22. S. 59A 59A IBAC may conduct preliminary inquiry inserted by No. 30/2016 s. 22. 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. S. 59B 59B IBAC may conduct a preliminary inquiry as to own inserted by No. 30/2016 motion investigation s. 22. The IBAC may conduct a preliminary inquiry for the purpose of determining whether to conduct an own motion investigation. S. 59C 59C Parts 3 and 4 do not apply inserted by No. 30/2016 s. 22. (1) Parts 3 and 4 do not apply to, or in respect of, a preliminary inquiry. (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. S. 59D 59D Power to request information inserted by No. 30/2016 s. 22. (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. (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 Authorised by the Chief Parliamentary Counsel 100 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (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. (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). 59E Power to issue witness summons S. 59E inserted by No. 30/2016 (1) For the purposes of a preliminary inquiry, the s. 22. 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. (1A) A witness summons under subsection (1) may S. 59E(1A) inserted by specify that attendance required under the No. 11/2021 summons is to be by means of audio visual link or s. 128. audio link and in a specified manner. (1B) A witness summons under subsection (1) that S. 59E(1B) inserted by provides for attendance as described in subsection No. 11/2021 (1A)— s. 128. (a) need not specify a place for attendance; and (b) may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner. (1C) The IBAC may vary the means of attendance S. 59E(1C) inserted by required under a witness summons under No. 11/2021 subsection (1) without reissuing the witness s. 128. summons if the consent of the person attending or that person's legal representative is given to that variation. Authorised by the Chief Parliamentary Counsel 101 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (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 (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 (d) the age of the person and any mental impairment to which the person is known or believed to be subject. (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— (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. (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. Authorised by the Chief Parliamentary Counsel 102 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations 59F Content and form of witness summons S. 59F inserted by No. 30/2016 s. 22. (1) Subject to section 59E(1A), (1B) and (1C), a S. 59F(1) amended by witness summons must require the person to No. 11/2021 whom it is directed to attend at a specified time s. 129. 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. (2) A witness summons must— (a) be in the prescribed form; and (b) be accompanied by a copy of any relevant confidentiality notice; and (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— (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; (c) that the person is entitled to seek legal advice in relation to the witness summons; (d) that a person may claim a privilege; (e) that the person has a right to complain to the Victorian Inspectorate; (f) any other prescribed matter. Authorised by the Chief Parliamentary Counsel 103 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations S. 59G 59G IBAC to report to Victorian Inspectorate on issue of inserted by witness summonses No. 30/2016 s. 22. Within 3 days after the issue of a witness summons, the IBAC must give a written report to the Victorian Inspectorate specifying— (a) the name of the person summoned; (b) the reasons why the witness summons was issued. S. 59H 59H Witness summons directed to person under 16 years inserted by No. 30/2016 s. 22. (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. S. 59I 59I Service of witness summons inserted by No. 30/2016 s. 22. S. 59I(1) (1) Subject to subsection (2) or (2A), a witness amended by No. 11/2021 summons must be served at a reasonable time, s. 130(1). being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the witness summons. (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— (a) evidence being lost or destroyed; or (b) the commission of an offence; or (c) the escape of the person who is summoned; or Authorised by the Chief Parliamentary Counsel 104 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (d) serious prejudice to the conduct of the preliminary inquiry to which the witness summons relates. (2A) If a witness summons is varied by consent under S. 59I(2A) inserted by section 59E(1C), the 7 day period for service No. 11/2021 under subsection (1) does not apply and the s. 130(2). summons is not required to be reissued. (3) A witness summons directed to a natural person S. 59I(3) amended by must be served by serving a copy of the witness No. 11/2021 summons to the person personally or in s. 130(3)(a). accordance with section 191(1). (4) A witness summons directed to a body corporate S. 59I(4) amended by must be served by sending a copy of the witness No. 11/2021 summons by registered post to the head office, a s. 130(3)(b). registered office, a principal office or a principal place of business of the body corporate or to a postal address of the body corporate or in accordance with section 191(2). (5) Subsection (4) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act. 59J Supreme Court may order service by other means S. 59J inserted by No. 30/2016 (1) If it appears that it is not reasonably practicable to s. 22. 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. (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— (a) order that the witness summons be served by any other means the Court considers appropriate; or (b) make an order for substituted service. Authorised by the Chief Parliamentary Counsel 105 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations S. 59K 59K Actions to be taken before requiring production of a inserted by document or other thing No. 30/2016 s. 22. Before a witness summoned to attend a preliminary inquiry is required to produce a document or other thing, the IBAC must— (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; (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— (i) an Australian legal practitioner has explained the statement referred to in section 59F(2)(c) to the witness before the examination; and (ii) the witness does not wish to be informed of the statement referred to in section 59F(2)(c) again; S. 59(K)(d) (d) inform an Australian legal practitioner who amended by No. 2/2019 is representing a witness or other person at s. 57(Sch. 1 the examination of any non-disclosure Pt A item 7). requirements that apply under the Act and, in the case of an investigation of a public interest complaint, the confidentiality requirements under the Public Interest Disclosures Act 2012; (e) take any other actions prescribed for the purposes of this subsection. Authorised by the Chief Parliamentary Counsel 106 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations 59L Procedure for determining claims of privilege or S. 59L claims of a secrecy requirement inserted by No. 30/2016 (1) This section applies if a person claims on s. 22. production of a document or other thing, before the IBAC that— (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. (2) A person making a claim to which this section applies must attend before the IBAC in accordance with the witness summons. (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 (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. (4) The IBAC must not inspect the document or other thing in considering the claim. (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 or application of the secrecy requirement; and Authorised by the Chief Parliamentary Counsel 107 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (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. (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. S. 59M 59M Application to Supreme Court to determine inserted by No. 30/2016 privilege or application of secrecy requirement s. 22. (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— (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. (3) The IBAC must give notice of the application to the claimant within a reasonable time before the hearing of the application. (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. Authorised by the Chief Parliamentary Counsel 108 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations 59N Determination of claim S. 59N inserted by (1) On an application under section 59M, the No. 30/2016 Supreme Court must determine whether or not the s. 22. document or other thing in the sealed envelope or secured otherwise than in an envelope is the subject of— (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— (a) open the sealed envelope or access the document or other thing secured otherwise than in an envelope; and (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— (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. (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— (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. Authorised by the Chief Parliamentary Counsel 109 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (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 (b) the document or other thing is returned to the claimant. Penalty: 120 penalty units or imprisonment for 12 months or both. (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— (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. Penalty: 120 penalty units or imprisonment for 12 months or both. S. 59O 59O Offence for summoned witness to fail to produce inserted by No. 30/2016 document or other thing s. 22. (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. Authorised by the Chief Parliamentary Counsel 110 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations Penalty: In the case of a natural person, 60 penalty units or imprisonment for 6 months or both; In the case of a body corporate, 300 penalty units. Note 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 (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. 59P Prohibitions applying to the IBAC S. 59P inserted by No. 30/2016 The IBAC must not for the purposes of s. 22. conducting a preliminary inquiry— (a) make an application for the issue of a surveillance device warrant under section 15 of the Surveillance Devices Act 1999; or (b) authorise or conduct a controlled operation under the Crimes (Controlled Operations) Act 2004. Authorised by the Chief Parliamentary Counsel 111 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations Division 4—Carrying out investigations S. 60 60 Conducting investigations about corrupt conduct inserted by No. 13/2012 (1) Subject to subsection (2), the IBAC may conduct s. 9 (as an investigation in accordance with its corrupt amended by No. 82/2012 conduct investigative functions— s. 148(3)), amended by (a) on a complaint made to it under section 51; Nos 28/2012 s. 15, 82/2012 or s. 9(1)(2). (b) on a notification to it under section 57(1); or (c) on its own motion. S. 60(2) (2) The IBAC must not conduct an investigation substituted by No. 30/2016 under subsection (1) unless the IBAC suspects on s. 23(1). reasonable grounds that the conduct constitutes corrupt conduct. (3) The IBAC may conduct an investigation under subsection (1) in relation to conduct of, or in relation to— (a) a person who was a public officer at the time of the conduct even if that person is no longer a public officer; (b) a body that was a public body at the time of the conduct even if that body is no longer a public body or has ceased to exist as a body or as a public body; (c) a person referred to in section 4(1)(a) which is, or was, a corporation even if that corporation has been deregistered under the Corporations Act. (4) The IBAC must not conduct an investigation under subsection (1) in relation to conduct which occurred entirely before the commencement of section 11 if the IBAC considers that— (a) the conduct is trivial or unrelated to the functions of the IBAC; or Authorised by the Chief Parliamentary Counsel 112 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (b) the complaint or notification is frivolous or vexatious; or (c) the complaint or notification lacks substance or credibility; or (d) the conduct occurred at too remote a time to justify investigation; or (e) the complaint or notification was not made genuinely or was made primarily for a mischievous purpose. (5) The IBAC must not conduct an investigation under subsection (1) in relation to conduct which occurred entirely before the commencement of section 11 unless the IBAC is reasonably satisfied that— (a) it is in the public interest for the IBAC to investigate that conduct; and (b) subject to subsection (4), in all the S. 60(5)(b) amended by circumstances it is appropriate for the IBAC No. 30/2016 to investigate that conduct, having regard to s. 23(2). the IBAC's functions of identifying and exposing corrupt conduct; and (c) in the case of conduct that another investigatory body has already investigated or decided not to investigate— (i) there is reliable, substantial and highly probative evidence that was not considered by the investigatory body; or (ii) there is reliable, substantial and highly probative evidence that the investigation or decision not to investigate was materially affected by error. Authorised by the Chief Parliamentary Counsel 113 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (6) In this section— investigatory body means— (a) an integrity body; or (b) any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions. S. 61 61 Conducting investigations about conduct of judicial inserted by No. 13/2012 officers s. 9 (as amended by (1) An investigation by the IBAC in accordance with No. 82/2012 s. 148(3)). its corrupt conduct investigative functions into the conduct of a judicial officer must be conducted by a sworn IBAC Officer who is— (a) a former judge or former magistrate— (i) of a court of a higher level than the person whose conduct is being investigated; or (ii) of the same level but not of the same court as the person whose conduct is being investigated; and (b) not an Australian legal practitioner. (2) In performing its corrupt conduct investigative functions in relation to a judicial officer, the IBAC— (a) must have proper regard for the preservation of the independence of judicial officers; and (b) must notify, and may consult, the relevant head of jurisdiction unless doing so would prejudice an IBAC investigation. Authorised by the Chief Parliamentary Counsel 114 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations 62 Findings about judicial officers not to be included in S. 62 special or annual reports inserted by No. 13/2012 The IBAC must not include any finding of corrupt s. 9 (as amended by conduct of a judicial officer or any other adverse No. 82/2012 finding in relation to a judicial officer arising from s. 148(3)). an investigation in— (a) a special report under section 162; or (b) an annual report under section 165. 63 The IBAC must dismiss certain complaints or S. 63 inserted by notifications to the IBAC about judicial officers No. 13/2012 s. 9 (as The IBAC must dismiss a complaint or a amended by No. 82/2012 notification to the IBAC about the conduct of a s. 148(3)), judicial officer if the complaint or notification amended by No. 28/2012 directly relates to the merits of a decision made, s. 16. an order made or a judgment given by the judicial officer. 64 Conducting investigations about police personnel S. 64 inserted by conduct No. 13/2012 s. 9 (as (1) The IBAC may conduct an investigation in amended by No. 82/2012 accordance with its police personnel conduct s. 148(3)). investigative functions— (a) on a police personnel conduct complaint made to it under section 52; (b) on a notification to the IBAC under S. 64(1)(b) amended by section 57(2), (4) or (6) or information No. 37/2014 provided under section 169 of the Victoria s. 10(Sch. item 85.8(a)). Police Act 2013; (c) on its own motion. (2) The IBAC may attempt to resolve a police personnel conduct complaint under section 52 in relation to police personnel conduct by conciliation. Authorised by the Chief Parliamentary Counsel 115 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (3) The IBAC must notify the Chief Commissioner of Police of the proposal to attempt conciliation under subsection (2) before commencing a conciliation. (4) The IBAC must notify the Chief Commissioner of Police of the results of the attempted conciliation under subsection (2). S. 64(5) (5) The IBAC may conduct an investigation under amended by No. 37/2014 subsection (1) in relation to police personnel s. 10(Sch. conduct of, or in relation to, a person who was a item 85.8(b)). member of Victoria Police personnel at the time of the conduct even if that person is no longer a member of Victoria Police personnel. S. 65 65 Conduct of Chief Commissioner of Police, Deputy inserted by No. 13/2012 Commissioner of Police or Assistant Commissioner s. 9 (as of Police amended by No. 82/2012 s. 148(3)). S. 65(1) (1) Subject to subsection (2), the IBAC must amended by No. 37/2014 investigate a complaint or a notification to the s. 10(Sch. IBAC or a complaint under section 167 of the item 85.9). Victoria Police Act 2013 in accordance with this Act if that complaint or notification is of conduct of— (a) the Chief Commissioner of Police; or (b) a Deputy Commissioner of Police; or (c) an Assistant Commissioner of Police. (2) The IBAC may determine that a complaint or a notification referred to in subsection (1) does not warrant investigation if it considers on reasonable grounds that any of the following criteria apply— Authorised by the Chief Parliamentary Counsel 116 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (a) the subject matter of the complaint or notification is trivial or unrelated to the functions of the IBAC; or (b) the complaint or notification is frivolous or vexatious; or (c) the complaint or notification lacks substance or credibility; or (d) the matter has already been the subject of a complaint or notification which has been investigated or otherwise dealt with; or (e) the complaint or notification relates to conduct that occurred at too remote a time to justify investigation; or (f) the complaint or notification was not made genuinely or was made primarily for a mischievous purpose; or (g) in all of the circumstances, the conduct does not warrant investigation. (3) The IBAC may notify a person who made a complaint or notification referred to in subsection (1) of the IBAC's determination that the complaint or notification does not warrant investigation. 66 Conducting investigations into public interest S. 66 (Heading) complaints about detrimental action amended by No. 2/2019 (1) This section applies if— s. 57(Sch. 1 Pt A item 8). S. 66 inserted by No. 85/2012 s. 94. (a) a public interest complaint (the original S. 66(1)(a) amended by public interest complaint) is made that the No. 2/2019 IBAC may investigate in accordance with its s. 57(Sch. 1 Pt A item 9(a)). investigative functions under this Act; and Authorised by the Chief Parliamentary Counsel 117 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations S. 66(1)(b) (b) a further public interest complaint is made amended by (whether by the person who made the Nos 70/2013 s. 3(Sch. 1 original public interest complaint or by item 23.3), anyone else) alleging that a public officer or 2/2019 s. 57(Sch. 1 public body has taken, or proposes to take, Pt A detrimental action in reprisal for the original item 9(b)). public interest complaint in contravention of section 45 of the Public Interest Disclosures Act 2012. S. 66(2) (2) If the original public interest complaint is a amended by No. 2/2019 complaint that the IBAC may investigate under s. 57(Sch. 1 section 60, then for the purposes of that section, Pt A item 9(c)). the IBAC may conduct an investigation, in accordance with its corrupt conduct investigative functions, on the further public interest complaint. S. 66(3) (3) Subsection (2) applies whether or not the IBAC amended by Nos 30/2016 suspects on reasonable grounds that the conduct s. 24, 2/2019 that is the subject of the further public interest s. 57(Sch. 1 Pt A item 9(c)). complaint is corrupt conduct. S. 66(4) (4) If the original public interest complaint is a amended by No. 2/2019 complaint that the IBAC may investigate under s. 57(Sch. 1 section 64, then for the purposes of that section, Pt A item 9(c)). the IBAC may conduct an investigation, in accordance with its police personnel conduct investigative functions, on the further public interest complaint. S. 67 67 Complaints or notifications to the IBAC that do not inserted by No. 13/2012 warrant investigation s. 9 (as amended by (1) Subject to sections 60(2), 60(4), 60(5), 63 and 65, No. 82/2012 s. 148(3)), the IBAC, in its absolute discretion, may amended by determine that a complaint or a notification to the Nos 28/2012 s. 17, 82/2012 IBAC does not warrant investigation. s. 9(3). Authorised by the Chief Parliamentary Counsel 118 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (2) Without limiting subsection (1), the IBAC may determine under that subsection that a complaint or a notification to the IBAC does not warrant investigation if, in the opinion of the IBAC— (a) the subject matter of the complaint or notification is trivial or unrelated to the functions of the IBAC; or (b) the complaint or notification is frivolous or vexatious; or (c) the complaint or notification lacks substance or credibility; or (d) the matter has already been the subject of a complaint or notification which has been investigated or otherwise dealt with; or (e) the complaint or notification relates to conduct that occurred at too remote a time to justify investigation; or (f) the complaint or notification was not made genuinely or was made primarily for a mischievous purpose; or (g) in all of the circumstances, the conduct does not warrant investigation. (3) If a person who makes a complaint, other than a complaint referred to in section 65, has delayed making the complaint by more than a year after becoming aware of the conduct which is the subject of the complaint, the IBAC— (a) may require the person to give an explanation for the delay; and (b) if not satisfied with the explanation, in its absolute discretion, may decide not to investigate the complaint. * * * * * Authorised by the Chief Parliamentary Counsel 119 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations S. 68 68 When certain complaints or notifications to the inserted by IBAC are dismissed No. 28/2012 s. 18, amended by No. 85/2012 s. 95 (ILA s. 39B(1)), amended by No. 85/2012 s. 95(2). S. 68(1) (1) A complaint or notification to the IBAC other amended by No. 2/2019 than a public interest complaint is dismissed if the s. 57(Sch. 1 IBAC— Pt A item 10). (a) determines under section 65(2) or section 67(1) that the complaint or notification does not warrant investigation; or (b) decides not to investigate the complaint or notification in accordance with section 67(3). S. 68(2) (2) A public interest complaint is dismissed if— amended by No. 2/2019 s. 57(Sch. 1 (a) the IBAC has determined under Pt A item 10). section 65(2)(b), (c), (d), (e) or (f) that the complaint does not warrant investigation; or (b) the IBAC has determined under section 67(1) that the complaint does not warrant investigation because any of the criteria specified in section 67(2)(b), (c), (d), (e) or (f) apply; or (c) the IBAC decides not to investigate the complaint in accordance with section 67(3); or S. 68(2)(d) (d) the IBAC determines that the complaint does amended by No. 30/2016 not warrant investigation because the IBAC s. 25(a). considers on reasonable grounds that the subject matter of the complaint is trivial. S. 68(2)(e) * * * * * repealed by No. 30/2016 s. 25(b). Authorised by the Chief Parliamentary Counsel 120 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (3) The IBAC must dismiss a public interest S. 68(3) complaint if the matter disclosed is a matter that amended by No. 2/2019 neither the IBAC nor a body specified in s. 57(Sch. 1 section 73(3) may investigate. Pt A item 10). (4) The IBAC may dismiss a public interest complaint S. 68(4) amended by if the IBAC considers that referring the disclosure No. 2/2019 to any other body would prejudice criminal s. 57(Sch. 1 Pt A item 10). proceedings, a criminal investigation or an investigation by the IBAC or the Victorian Inspectorate. 69 Discontinuance of investigation S. 69 inserted by No. 13/2012 The IBAC may discontinue an investigation at any s. 9 (as time. amended by No. 82/2012 s. 148(3)). 70 Investigation when other proceedings on foot S. 70 inserted by No. 13/2012 (1) The IBAC may commence or continue to s. 9 (as investigate a matter despite the fact that any amended by No. 82/2012 proceedings (whether civil or criminal) are on s. 148(3)). foot, or are commenced, in any court or tribunal that relate to, or are otherwise connected with, the subject matter of the investigation. (2) If the IBAC is or becomes aware that such proceedings are on foot, or have been commenced, the IBAC must take all reasonable steps to ensure that the conduct of the investigation does not prejudice those proceedings. 71 The IBAC to disclose to Victorian Inspectorate S. 71 inserted by complaint or notification involving conduct of the No. 28/2012 IBAC or IBAC Officers s. 19. The IBAC must notify the Victorian Inspectorate of any complaint or notification to the IBAC if that complaint or notification involves conduct of— (a) the IBAC; or Authorised by the Chief Parliamentary Counsel 121 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (b) any person who is, or was at the time of the conduct, an IBAC Officer. S. 72 72 The IBAC may conduct coordinated investigations inserted by No. 28/2012 s. 19. (1) For the purposes of, or in connection with, its investigative functions under this Act, the IBAC may conduct an investigation under this Division in coordination with any integrity body or law enforcement agency. (2) An investigation conducted in coordination with an integrity body or a law enforcement agency— (a) must be conducted by the IBAC as an exercise of the duties, functions and powers of the IBAC; and (b) may otherwise be conducted in any way the IBAC sees fit. (3) Without limiting subsection (2), for the purposes of an investigation conducted in coordination with an integrity body or a law enforcement agency, the IBAC may— (a) consult, coordinate and cooperate with any integrity body or law enforcement agency which is, in accordance with that body's or agency's own duties, functions and powers, conducting an investigation in respect of the same matter or similar or related subject matter; (b) in accordance with section 41, provide or disclose information to an integrity body or a law enforcement agency with which the IBAC is conducting a coordinated investigation; (c) in accordance with Part 3, receive information from an integrity body or a law enforcement agency with which the IBAC is conducting a coordinated investigation; Authorised by the Chief Parliamentary Counsel 122 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (d) enter into a memorandum of understanding or an agreement with any integrity body or law enforcement agency in relation to the conduct of coordinated investigations with that integrity body or law enforcement agency. (4) Without limiting subsection (3)(d), a memorandum of understanding or an agreement under that subsection may be in relation to— (a) coordinated investigations generally; or (b) specific coordinated investigations or classes of coordinated investigation. (5) Nothing in this section permits a duty or function of the IBAC to be performed or a power of the IBAC to be exercised other than— (a) by a person authorised to perform that duty or function, or exercise that power, under this Act; and (b) in a manner required or authorised under this Act. Pt 3 Div. 5 Division 5—Referrals (Heading and ss 73–80) inserted by No. 28/2012 s. 20. 73 Referral of complaint or notification for S. 73 inserted by investigation by another person or body No. 28/2012 s. 20, (1) The IBAC must refer to a person or body amended by Nos 82/2012 specified in subsection (2) a complaint or ss 10, 255, notification to the IBAC if, at any time, the IBAC 85/2012 s. 96. considers that— (a) the subject matter of the complaint or notification is relevant to the performance of the duties and functions or the exercise of powers of that person or body; and Authorised by the Chief Parliamentary Counsel 123 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (b) it would be more appropriate for the complaint or notification to be investigated by that person or body rather than by the IBAC. (2) For the purposes of subsection (1) and subject to subsection (3), the following persons and bodies are specified— (a) the Chief Commissioner of Police; (b) the Ombudsman appointed under section 3 of the Ombudsman Act 1973; (c) the Auditor-General appointed under section 94A of the Constitution Act 1975; (d) the Victorian Inspectorate; S. 73(2)(da) (da) the Judicial Commission; inserted by No. 16/2016 s. 164(1). S. 73(2)(e) (e) the Victorian WorkCover Authority within amended by No. 67/2013 the meaning of the Workplace Injury s. 649(Sch. 9 Rehabilitation and Compensation item 19(2)). Act 2013; S. 73(2)(ea) * * * * * inserted by No. 79/2012 s. 81, repealed by No. 30/2016 s. 26(a). (f) the Racing Integrity Commissioner appointed under section 37A of the Racing Act 1958; (g) the Environment Protection Authority established under section 5 of the Environment Protection Act 1970; Authorised by the Chief Parliamentary Counsel 124 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (h) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012; (ha) the Chief Municipal Inspector appointed S. 73(2)(ha) inserted by under section 182 of the Local Government No. 30/2016 Act 2020; s. 26(b), amended by No. 9/2020 s. 390(Sch. 1 item 56.4(a)). (hb) a Municipal Monitor appointed under S. 73(2)(hb) inserted by section 179 of the Local Government No. 30/2016 Act 2020; s. 26(b), amended by No. 9/2020 s. 390(Sch. 1 item 56.4(b)). (i) the relevant principal officer; (j) any other prescribed person or body which has a law enforcement function or an integrity function. (3) The IBAC may only refer a public interest S. 73(3) amended by complaint to— Nos 37/2014 s. 10(Sch. (a) in the case of a public interest complaint item 85.10(a)), 16/2016 relating to the conduct of a member of s. 164(2), Victoria Police personnel—the Chief substituted by No. 2/2019 Commissioner of Police; or s. 54(1). (b) in any other case— (i) the Ombudsman appointed under section 3 of the Ombudsman Act 1973; or (ii) the Victorian Inspectorate; or (iii) another entity in accordance with section 73A. Authorised by the Chief Parliamentary Counsel 125 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (4) Despite subsection (1), the IBAC must not refer to the Chief Commissioner of Police any complaint or notification to the IBAC to the extent that the complaint or notification relates to conduct of— (a) the Chief Commissioner of Police; or (b) a Deputy Commissioner of Police; or (c) an Assistant Commissioner of Police. (5) If, in accordance with this section, the IBAC refers a complaint or notification to the Chief Commissioner of Police, the Chief Commissioner must— S. 73(5)(a) (a) in the case of a complaint or notification that amended by Nos 37/2014 is not a public interest complaint— s. 10(Sch. investigate the complaint or notification item 85.10(b)), 2/2019 under Division 2 of Part 9 of the Victoria s. 54(2). Police Act 2013; or S. 73(5)(b) (b) in the case of a public interest complaint— amended by Nos 37/2014 investigate the public interest complaint s. 10(Sch. under Part 10 of the Victoria Police Act item 85.10(c)), 2/2019 2013. s. 54(2). S. 73A 73A Referral of public interest complaints to other inserted by No. 2/2019 investigating entities s. 55. (1) Subject to subsections (2) and (3), the IBAC may refer a public interest complaint to any of the following persons or bodies— S. 73A(1)(a) (a) the Chief Municipal Inspector appointed amended by No. 9/2020 under section 182 of the Local Government s. 390(Sch. 1 Act 2020; item 56.5). (b) the Racing Integrity Commissioner appointed under section 37A of the Racing Act 1958; Authorised by the Chief Parliamentary Counsel 126 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (c) the Information Commissioner within the meaning of section 5(1) of the Freedom of Information Act 1982. (2) The IBAC must not refer a public interest complaint to a person or body referred to in subsection (1)(b) or (c) if the IBAC suspects on reasonable grounds that the conduct that is the subject of the complaint is corrupt conduct. (3) The IBAC may refer a public interest complaint to a person or body referred to in subsection (1) only if— (a) the subject matter of the complaint is relevant to the performance of the duties and functions or the exercise of powers of that person or body; and (b) the complaint does not relate to the conduct of the person or body or the conduct of an employee, member or officer of the person or body; and (c) the IBAC considers that— (i) it is more appropriate for the complaint to be investigated by that person or body than by the IBAC or any other investigating entity; and (ii) the referral would not increase the risk to any person's health, safety or welfare; and (d) the IBAC has consulted with the person and body before the public interest complaint is referred to the person or body. 74 Referrals to prosecutorial bodies S. 74 inserted by No. 28/2012 (1) If the IBAC considers it appropriate, the IBAC, at s. 20. any time, may refer to a prosecutorial body any matter that the IBAC considers is relevant to the performance of the prosecutorial duties and Authorised by the Chief Parliamentary Counsel 127 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations functions or the exercise of prosecutorial powers of that prosecutorial body. (2) Without limiting any matter which may be referred under this section, the IBAC may refer— (a) any matter under investigation by the IBAC; (b) any matter raised in a report of the Chief Commissioner of Police. S. 74A 74A Referrals to the Judicial Commission inserted by No. 16/2016 s. 165. If the IBAC considers it appropriate, the IBAC, at any time, may refer to the Judicial Commission any matter that the IBAC considers is relevant to the performance of the Judicial Commission's functions. S. 75 75 Referrals to prosecutorial bodies for advice inserted by No. 28/2012 s. 20. (1) After receiving a report of the Chief Commissioner of Police, the IBAC may refer to a prosecutorial body for advice any matter that the IBAC considers is relevant to the performance of the prosecutorial duties and functions or the exercise of prosecutorial powers of that prosecutorial body. (2) If the IBAC refers a matter to a prosecutorial body for advice under subsection (1) the IBAC must notify in writing the Chief Commissioner of Police— (a) of the referral; and (b) of the advice received by the IBAC from the prosecutorial body in respect of the referral. (3) The Chief Commissioner of Police must not conduct any disciplinary process or action against the person who is the subject of a referral under subsection (1) until the Chief Commissioner of Police has received the notification from the IBAC under subsection (2)(b). Authorised by the Chief Parliamentary Counsel 128 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations 76 Consultation prior to referral S. 76 inserted by For the purposes of deciding whether to make a No. 28/2012 referral under this Division to a person or body, s. 20. the IBAC may consult with the relevant person or body. 77 Information to be provided with referral S. 77 inserted by No. 28/2012 (1) In accordance with section 41, the IBAC may s. 20, provide or disclose to a person or body to which amended by No. 2/2019 a referral is made under this Division any s. 56 (ILA information that the IBAC has in relation to the s. 39B(1)). matter referred. (2) Despite subsection (1), the IBAC may disclose to S. 77(2) inserted by the Chief Commissioner of Police information No. 2/2019 that is likely to lead to the identification of a s. 56. person who has made an assessable disclosure if— (a) the IBAC has determined that the assessable disclosure is a public interest complaint; and (b) the public interest complaint has been referred to the Chief Commissioner of Police for investigation; and (c) the person has consented to the disclosure of the information. (3) Before making a disclosure referred to in S. 77(3) inserted by subsection (2), the IBAC must consult with the No. 2/2019 person who made the public interest complaint. s. 56. Authorised by the Chief Parliamentary Counsel 129 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations S. 78 78 Provision to the IBAC of information about referred inserted by complaint or notification No. 28/2012 s. 20, (1) This section applies to a referral under section 73 amended by No. 82/2012 other than— s. 256. S. 78(1)(a) (a) a referral to the Chief Commissioner of amended by No. 37/2014 Police in relation to conduct of a person who s. 10(Sch. is not a member of Victoria Police personnel; item 85.11). or (b) a referral to the Victorian Inspectorate. (2) If the IBAC has made a referral to which this section applies, the IBAC, at any time, may require the person or body to which the referral is made to provide to the IBAC, within a reasonable time specified by the IBAC, information regarding— (a) any investigation of the referred matter; (b) any action taken in respect of the referred matter. (3) A person or body to which a requirement is made under this section must provide the required information to the IBAC within the time specified by the IBAC under subsection (2). S. 79 79 Withdrawal of referred complaint or notification inserted by No. 28/2012 s. 20, (1) This section applies to a referral under section 73 amended by other than— 82/2012 s. 257. S. 79(1)(a) (a) a referral to the Chief Commissioner of amended by No. 37/2014 Police in relation to conduct of a person who s. 10(Sch. is not a member of Victoria Police personnel; item 85.11). or S. 79(1)(b) (b) a referral to the Victorian Inspectorate; or amended by No. 16/2016 s. 166(a). Authorised by the Chief Parliamentary Counsel 130 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations (c) a referral to the Judicial Commission. S. 79(1)(c) inserted by Note No. 16/2016 s. 166(b). See also section 18 of the Judicial Commission of Victoria Act 2016 for circumstances where the IBAC may require the Judicial Commission to adjourn the investigation. (2) At any time after the IBAC has made a referral to which this section applies of a complaint or notification to the IBAC, the IBAC may— (a) determine to investigate that complaint or notification under Division 4; and (b) withdraw that referral by providing written notice to the person or body to which the complaint or notification was referred. (3) A person or body which receives a notice from the IBAC withdrawing a referral under subsection (2) must— (a) cease its investigation of the referred complaint or notification; and (b) provide the IBAC with any evidence that the person or body has in its possession or control in relation to that referred complaint or notification; and (c) cooperate with the IBAC and ensure that its officers provide all reasonable assistance requested by the IBAC in relation to that complaint or notification. (4) The IBAC, as soon as reasonably practicable, must notify the Victorian Inspectorate in writing of the withdrawal under this section of any referral. Authorised by the Chief Parliamentary Counsel 131 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 3—Investigations S. 80 80 Notice of withdrawal of referral inserted by No. 28/2012 (1) Subject to subsection (2), if the IBAC withdraws a s. 20, complaint or notification to the IBAC referred to a amended by No. 82/2012 person or body under section 79, the IBAC may s. 11. notify the person or body who made the complaint or notification of that withdrawal of the referral and that the IBAC is to investigate the complaint or notification. (2) The IBAC must not notify a person or a body under subsection (1) if the IBAC considers that notifying that person would— (a) not be in the public interest or in the interests of justice; or (b) put a person's safety at risk; or (c) cause unreasonable damage to a person's reputation; or S. 80(2)(d) (d) prejudice an investigation under this Act or amended by No. 37/2014 an investigation by Victoria Police or the s. 10(Sch. person or body to which the referral was item 85.12). made; or (e) otherwise contravene any applicable statutory secrecy obligations or which would involve the unreasonable disclosure of information relating to the personal affairs of any person. Authorised by the Chief Parliamentary Counsel 132 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers Part 4—Investigative powers Pt 4 (Headings and ss 36–45) Division 1—Authorised officers substituted as Pt 4 (Headings and ss 81– 101) by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)). 81 Appointment of authorised officers S. 81 inserted by No. 13/2012 (1) Subject to subsection (2), the IBAC, by s. 9 (as instrument, may appoint a sworn IBAC Officer to amended by No. 82/2012 be an authorised officer for the purposes of this s. 148(3)). Act. (2) The IBAC must not appoint a sworn IBAC Officer to be an authorised officer unless the IBAC is satisfied that the sworn IBAC Officer is suitably qualified or trained to perform the functions and exercise the powers of an authorised officer for the purposes of this Act. (3) An appointment of a sworn IBAC Officer as an authorised officer— (a) may, generally or in a particular case, specify the functions, duties or powers under this Act or the regulations in respect of which that person is an authorised officer; and (b) may be made subject to any conditions that the IBAC considers appropriate. 82 Identity cards S. 82 inserted by No. 13/2012 (1) The IBAC must issue an identity card to each s. 9 (as authorised officer. amended by No. 82/2012 s. 148(3)). Authorised by the Chief Parliamentary Counsel 133 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers (2) An identity card issued to an authorised officer must— (a) contain a photograph of the authorised officer; and (b) contain the signature of the authorised officer; and (c) be signed by the Commissioner. S. 83 83 Production of identity card inserted by No. 13/2012 s. 9 (as (1) An authorised officer must produce his or her amended by identity card for inspection before exercising a No. 82/2012 s. 148(3)). power under Division 3 or 4 of this Part unless it is not practicable to do so. (2) An authorised officer must produce his or her identity card for inspection if requested to do so by any person at the premises during the exercise of a power under Division 3 or 4 of this Part unless to do so would endanger safety or frustrate an investigation. (3) If an authorised officer does not comply with a request under subsection (2), the authorised officer must immediately cease exercising the power under Division 3 or 4 of this Part unless the reason for not complying is that to comply would endanger safety or frustrate an investigation. (4) An authorised officer exercising a power under Division 2 of this Part must produce his or her identity card for inspection if requested to do so by the person subject to the exercise of that power unless it is not practicable to do so. Authorised by the Chief Parliamentary Counsel 134 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers Division 2—Additional powers—conduct of police 84 Power to require police to give information and S. 84 documents and answer questions inserted by No. 13/2012 (1) This section applies to the investigation by the s. 9 (as amended by IBAC in respect of a possible breach of discipline No. 82/2012 involving— s. 148(3)). (a) corrupt conduct of a police officer or S. 84(1)(a) amended by protective services officer; or No. 37/2014 s. 10(Sch. item 85.13(a)). (b) police personnel conduct of a police officer S. 84(1)(b) amended by or protective services officer. No. 37/2014 s. 10(Sch. item 85.13(a)). (2) For the purposes of an investigation to which this S. 84(2) amended by section applies, the IBAC may direct any police No. 37/2014 officer or protective services officer to— s. 10(Sch. item 85.13(a)). (a) give the IBAC any relevant information; or (b) produce any relevant document to the IBAC; or (c) answer any relevant question. Note Note to s. 84(2) Failure to comply with a direction of the IBAC under this amended by section is a breach of discipline. See section 125(1)(b) of No. 37/2014 s. 10(Sch. the Victoria Police Act 2013. item 85.13(b)). (3) Any information, document or answer given or produced in accordance with a direction under subsection (2) is not admissible in evidence before any court or person acting judicially, except in proceedings for— (a) perjury or giving false information; or Authorised by the Chief Parliamentary Counsel 135 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers S. 84(3)(b) (b) a breach of discipline by a police officer or amended by protective services officer; or No. 37/2014 s. 10(Sch. item 85.13(c)). S. 84(3)(c) (c) an offence under this Act concerning failure amended by No. 37/2014 to comply with a direction of the IBAC. s. 10(Sch. item 85.13(d)). S. 84(3)(d) * * * * * repealed by No. 37/2014 s. 10(Sch. item 85.13(e)). Division 3—Entry, search and seizure— police personnel premises S. 85 85 The Commissioner must authorise use of powers (Heading) under this Division amended by No. 30/2016 A power under this Division must not be s. 27(1). exercised by an authorised officer without express S. 85 inserted by written authority from the Commissioner. No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)). Note to s. 85 * * * * * repealed by No. 30/2016 s. 27(2). S. 86 86 Power to enter police personnel premises inserted by No. 13/2012 s. 9 (as (1) If an authorised officer reasonably believes there amended by are documents or other things that are relevant to No. 82/2012 s. 148(3)). an investigation which are on police personnel premises, the authorised officer may— (a) enter those premises at any time; and Authorised by the Chief Parliamentary Counsel 136 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers (b) enter any vehicle, vessel or aircraft on those premises; and (c) search those premises or any vehicle, vessel or aircraft on those premises for documents or other things that are relevant to an investigation; and (d) inspect or copy any document or other thing found at those premises or in any vehicle, vessel or aircraft on those premises; and (e) do anything that it is necessary or convenient to do to enable a search and an inspection to be carried out under this section. (2) On exercising a power of entry under this section, the authorised officer must— (a) identify himself or herself to a person at the police personnel premises who is apparently in charge of those premises; and (b) inform the person apparently in charge that the authorised officer is authorised to enter the police personnel premises or any vehicle, vessel or aircraft on those premises. (3) The Chief Commissioner of Police must ensure S. 86(3) amended by that each member of Victoria Police personnel at No. 37/2014 police personnel premises gives the authorised s. 10(Sch. item 85.14). officer any assistance the authorised officer reasonably requires to enable the authorised officer to exercise powers under this section. (4) For the avoidance of doubt, an authorised officer does not have authority under this section to enter any part of police personnel premises that is used for residential purposes. Authorised by the Chief Parliamentary Counsel 137 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers S. 87 87 Power to seize documents or things at police inserted by personnel premises No. 13/2012 s. 9 (as (1) An authorised officer who exercises a power of amended by No. 82/2012 entry under section 86 may seize a document or s. 148(3)). other thing at the police personnel premises or in any vehicle, vessel or aircraft on those premises if the authorised officer reasonably suspects that— (a) the document or other thing is relevant to an investigation; and (b) if the document or other thing is not immediately seized— (i) it may be concealed or destroyed; or (ii) its forensic value may be diminished. S. 87(2) (2) The Chief Commissioner of Police must ensure amended by No. 37/2014 that each member of Victoria Police personnel at s. 10(Sch. police personnel premises makes available to the item 85.14). authorised officer any facilities or equipment that are reasonably necessary for the authorised officer to seize a document or other thing under this section. S. 88 88 Copies of, access to or receipt for documents or inserted by No. 13/2012 other things seized s. 9 (as amended by (1) If an authorised officer seizes under section 87— No. 82/2012 s. 148(3)). (a) a document, disk or tape or other thing that can be readily copied; or (b) a storage device the information in which can be readily copied— the authorised officer, on request by a person at the police personnel premises, must give a copy of the document, thing or information to the person as soon as practicable after the seizure. Authorised by the Chief Parliamentary Counsel 138 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers (2) An authorised officer may refuse a request under subsection (1) if the authorised officer has consulted the IBAC and— (a) the IBAC is satisfied that the work involved in copying the document, thing or information would substantially and unreasonably interfere with the performance of the IBAC's functions; or (b) the IBAC considers that it is in the public interest to do so. (3) An authorised officer must not refuse a request under subsection (1) unless the authorised officer has— (a) given the person who made the request a written notice stating an intention to refuse the request; and (b) given the person a reasonable opportunity to make a further request for a copy of the document, thing or information in a form that would remove the ground for refusal; and (c) as far as is reasonably practicable, provided the person with any information that would assist the making of the further request for access in such a form. (4) An authorised officer is not required to provide any information under subsection (3)(c) if the IBAC considers that it is not in the public interest for the document, thing or information to be provided. (5) If an authorised officer refuses a request under subsection (1)— (a) the authorised officer must provide a receipt for the document, thing or information seized; and Authorised by the Chief Parliamentary Counsel 139 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers (b) on request by the Chief Commissioner of Police, the IBAC must permit the Chief Commissioner of Police to have access to the document, thing or information seized unless the IBAC is of the opinion that it is not in the public interest for the Chief Commissioner of Police to have access. (6) The IBAC must not refuse a request for access under subsection (5)(b), unless the IBAC has— (a) given the Chief Commissioner of Police a written notice stating an intention to refuse to give access; and (b) given the Chief Commissioner of Police a reasonable opportunity to make a further request for access in a form that would remove the ground for refusal; and (c) as far as is reasonably practicable, provided the Chief Commissioner of Police with any information that would assist the making of the further request for access in such a form. (7) The IBAC is not required to provide any information under subsection (6)(c) if the IBAC is of the opinion that it is not in the public interest for the information to be provided. (8) For the avoidance of doubt, an authorised officer or the IBAC is not required to give reasons for refusing a request under this section. S. 89 89 Application for return of things seized inserted by No. 13/2012 s. 9 (as (1) Within 7 days after a document or other thing is amended by seized by an authorised officer under section 87, No. 82/2012 s. 148(3)). an interested person may apply to the Supreme Court for an order— (a) setting aside the seizure; and (b) requiring the IBAC to deliver the document or other thing to the interested person. Authorised by the Chief Parliamentary Counsel 140 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers (2) On an application under subsection (1), the Supreme Court may make an order setting aside the seizure and requiring the IBAC to deliver the document or other thing to the interested person if the Court is satisfied that the grounds for the seizure— (a) did not exist; or (b) no longer exist. (3) In this section, interested person in relation to a document or other thing means— (a) the Chief Commissioner of Police; or (b) a person authorised by the Chief Commissioner of Police to apply under this section on behalf of the Chief Commissioner of Police; or (c) any other person who claims to have a legal or equitable interest in the document or other thing. 90 Return of things seized from police personnel S. 90 inserted by premises No. 13/2012 s. 9 (as (1) The IBAC must take all reasonable steps to return amended by No. 82/2012 a document or other thing seized under section 87 s. 148(3)), to the Chief Commissioner of Police if the amended by No. 82/2012 document or other thing is required as evidence s. 12. relating to a legal proceeding. (2) The IBAC must immediately take all reasonable steps to return a document or other thing seized under section 87 to the Chief Commissioner of Police if the IBAC is no longer satisfied that its retention is necessary for the purposes of— (a) an investigation; or (b) a report on an investigation; or (c) a legal proceeding arising out of, or connected with, an investigation. Authorised by the Chief Parliamentary Counsel 141 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers (3) This section is subject to any order of the Supreme Court made under section 89. Division 4—Search warrant powers S. 91 91 Search warrant inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)). S. 91(1) (1) Subject to subsections (2) and (8), an authorised amended by No. 30/2016 officer may apply to a Judge of the Supreme Court s. 28(1)(a)(b). or a magistrate for a search warrant in relation to either or both of the following— (a) particular premises, if the authorised officer believes on reasonable grounds that entry to the premises (including any vehicle, vessel or aircraft on or in those premises) is necessary for the purpose of an investigation; (b) a particular vehicle, vessel or aircraft located in a public place if the authorised officer believes on reasonable grounds that entry to the vehicle, vessel or aircraft is necessary for the purpose of an investigation. (2) An application must not be made without the written authorisation, in the prescribed form, of the Commissioner. Note to * * * * * s. 91(2) repealed by No. 30/2016 s. 28(2). S. 91(3) (3) If a Judge of the Supreme Court or a magistrate is amended by Nos 30/2016 satisfied by evidence on oath or by affirmation, s. 28(1)(b)(c), whether oral or by affidavit, that there are 6/2018 s. 68(Sch. 2 reasonable grounds for the belief under subsection item 69.1). (1)(a) or (b), the Judge or the magistrate may issue Authorised by the Chief Parliamentary Counsel 142 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers a search warrant authorising any person named in the warrant— (a) to enter and search the premises or vehicle, vessel or aircraft named or described in the search warrant and inspect any document or thing at those premises or on or in that vehicle, vessel or aircraft; and (b) to make a copy of any document relevant, or that the person reasonably considers may be relevant, to the investigation; and (c) to take possession of any document or other thing that the person considers relevant to the investigation. (4) A search warrant issued under this section must state— (a) the purpose for which the search is required; and (b) any conditions to which the search warrant is subject; and (c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and (d) a day, not later than 28 days after the issue of the search warrant, on which the search warrant ceases to have effect. (5) A search warrant must be in the prescribed form. (6) Except as otherwise provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section. (7) If a search warrant is issued in relation to court premises, the IBAC must notify, and may consult, the head or heads of jurisdiction about the issuing Authorised by the Chief Parliamentary Counsel 143 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers of the search warrant, unless to do so would prejudice the investigation. S. 91(8) (8) An authorised officer must apply to a Judge of the inserted by No. 30/2016 Supreme Court for a search warrant if— s. 28(3). (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. S. 91(9) (9) In this section, court premises has the same inserted by No. 30/2016 meaning as it has in the Court Security Act 1980. s. 28(3). S. 92 92 Procedure for executing search warrant inserted by No. 13/2012 s. 9 (as (1) On executing a search warrant, the person amended by executing it— No. 82/2012 s. 148(3)). (a) must announce that he or she is authorised by the search warrant to enter the premises, vehicle, vessel or aircraft, as the case requires, unless, in the case of a vehicle, vessel or aircraft it is in a public place; and (b) if the person has been unable to obtain unforced entry, must give any person at the premises or in control of the vehicle, vessel or aircraft an opportunity to allow entry to the premises, vehicle, vessel or aircraft, as the case requires. (2) A person executing a search warrant need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises, vehicle vessel or aircraft is required to ensure— (a) the safety of any person; or Authorised by the Chief Parliamentary Counsel 144 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers (b) that the effective execution of the search warrant is not frustrated. (3) If the occupier is present at premises where a search warrant is being executed, the person executing the warrant must— (a) identify himself or herself to the occupier; and (b) give the occupier a copy of the search warrant. (4) If the occupier is not present at premises where a search warrant is being executed, the person executing the warrant must— (a) identify himself or herself to a person at the premises who is apparently over the age of 18 years; and (b) give that person a copy of the warrant. (5) If there is no person apparently over the age of 18 years present at premises where a search warrant is being executed, the person executing the warrant must leave a copy of the warrant in a conspicuous place at the premises unless the IBAC has given a direction under subsection (6). (6) The IBAC may direct that a copy of a search warrant not be left at premises where no person apparently over the age of 18 years is present if the IBAC is satisfied that it would be contrary to the public interest for the copy to be left at the premises. 93 Copies or receipts to be given for documents or S. 93 inserted by other things No. 13/2012 s. 9 (as (1) If under a search warrant a person takes amended by No. 82/2012 possession of— s. 148(3)). (a) a document, disk or tape or other thing that can be readily copied; or Authorised by the Chief Parliamentary Counsel 145 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers (b) a storage device the information in which can be readily copied— the person, on request by the occupier, must give a copy of the document, thing or information to the occupier as soon as practicable after taking possession of it, unless it would be contrary to the public interest to do so. (2) If a person takes possession of a document or thing under a search warrant and has not provided a copy of the document, thing or information under subsection (1) the person must provide a receipt in the prescribed form for that document or thing as soon as practicable after taking possession of it. S. 94 94 Return of documents and other things inserted by No. 13/2012 s. 9 (as (1) The IBAC must take all reasonable steps to return amended by a document or other thing seized under a search No. 82/2012 s. 148(3)). warrant to the person from whom it was seized if the document or other thing is required as evidence relating to a legal proceeding. (2) The IBAC must immediately take all reasonable steps to return a document or other thing seized under a search warrant to the person from whom it was seized if the IBAC is no longer satisfied that its retention is necessary for the purposes of— (a) an investigation; or (b) a report on an investigation; or (c) a legal proceeding arising out of, or connected with, an investigation. Authorised by the Chief Parliamentary Counsel 146 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers 95 Assistance in executing search warrants S. 95 inserted by (1) A person executing a search warrant may— No. 13/2012 s. 9 (as (a) seek the assistance of another person amended by No. 82/2012 (an assistant) over the age of 18 years who s. 148(3)). possesses specialised skills or technical knowledge necessary for exercising a power authorised by the search warrant; or (b) take onto the premises any equipment, vehicle, animal or material that the person reasonably requires for exercising a power authorised by the search warrant. (2) The person may authorise the assistant— (a) to take stated action at the premises, vehicle, vessel or aircraft; and (b) to exercise stated powers the person is authorised by the search warrant to exercise. (3) For the purposes of subsection (2), the person— (a) is only permitted to authorise the assistant to take stated action or exercise stated powers that are consistent with the specialist skills or technical knowledge of the assistant; and (b) cannot authorise the assistant to arrest a person. (4) The person must inform the assistant of— (a) action the assistant is authorised to take; and (b) the assistant's powers under this section. (5) Without limiting subsection (1), the IBAC may seek assistance from the Chief Commissioner of Police when executing a search warrant. (6) Subsection (1) applies, in relation to animals, despite any other Act or law, other than the Charter of Human Rights and Responsibilities Act 2006. Authorised by the Chief Parliamentary Counsel 147 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers S. 96 96 Police must provide reasonable assistance inserted by No. 13/2012 The Chief Commissioner of Police must ensure s. 9 (as that police officers give a person executing a amended by No. 82/2012 search warrant any assistance that the person s. 148(3)), reasonably requires to enable that person, or an amended by No. 37/2014 assistant authorised under section 95, to exercise s. 10(Sch. the powers authorised by the search warrant. item 85.15). S. 97 97 Privilege claims in relation to search warrants inserted by No. 13/2012 s. 9 (as (1) This section applies if— amended by No. 82/2012 (a) a person executing a search warrant s. 148(3)). (the searcher) wishes to inspect, copy or seize a document or other thing under the search warrant; and (b) a person who is entitled to claim the privilege (the claimant) claims that the document or other thing is the subject of privilege. (2) The searcher must consider the claim of privilege and either— (a) cease exercising the power under the search warrant in relation to the document or other thing over which the claim of privilege is made; or (b) 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 searcher. (3) The searcher must not inspect the document or other thing in considering the claim of privilege. (4) If the searcher requires the claimant to give the document or other thing to the searcher under subsection (2)(b), the searcher must— Authorised by the Chief Parliamentary Counsel 148 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers (a) notify the Commissioner as soon as practicable; and (b) immediately give the document or other thing to the proper officer of the Supreme Court to be held in safe custody. (5) Subject to section 101, a person must not open a sealed envelope or interfere with a document or thing secured otherwise than in an envelope before delivery to the proper officer of the Supreme Court. Division 5—Privilege 98 Certain privileges abrogated in relation to police S. 98 personnel and other public officers (Heading) amended by (1) If the IBAC exercises a power under section 84 or No. 2/2019 s. 117(1). an authorised officer exercises a power under S. 98 section 86 or 87— inserted by No. 13/2012 (a) the Crown is not entitled to assert any s. 9 (as privilege in response to the exercise of those amended by No. 82/2012 powers; and s. 148(3)), amended by (b) any privilege referred to in paragraph (a) is No. 2/2019 s. 117(3) (ILA abrogated; and s. 39B(1)). (c) any obligation on a member of Victoria S. 98(1)(c) amended by Police personnel to maintain secrecy or Nos 37/2014 comply with a restriction upon the disclosure s. 10(Sch. item 85.16), of information imposed by any enactment or 2/2019 any rule of law— s. 117(2). (i) is overridden; and (ii) does not apply in respect of a direction of the IBAC under section 84 or the inspection, copying or seizure of any document or other thing by an authorised officer under section 86 or 87. Authorised by the Chief Parliamentary Counsel 149 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers S. 98(2) (2) If an authorised officer exercises a power under a inserted by search warrant issued under section 91— No. 2/2019 s. 117(3). (a) the Crown is not entitled to assert any privilege in response to the exercise of that power; and (b) any privilege referred to in paragraph (a) is abrogated; and (c) any obligation on a public officer to maintain secrecy or comply with a restriction upon the disclosure of information imposed by any enactment or any rule of law— (i) is overridden; and (ii) does not apply in respect of the inspection, copying or seizure of any document or other thing by the authorised officer under the search warrant. S. 98(4) (4) A person is not subject to any criminal, civil, inserted by No. 2/2019 administrative or disciplinary proceedings s. 117(3). or actions only because the person has not maintained secrecy or complied with a restriction upon the disclosure of information imposed by any enactment or any rule of law in the circumstances referred to in subsection (1)(c) or (2)(c). S. 98(5) (5) This section does not apply to information, inserted by No. 2/2019 documents or things that are subject to Cabinet s. 117(3). confidentiality. S. 99 99 Journalist privilege does not apply inserted by No. 52/2012 s. 18. A person is not, in relation to the exercise of a power under this Part, entitled to the privilege provided for in Division 1C of Part 3.10 of the Evidence Act 2008. Authorised by the Chief Parliamentary Counsel 150 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers 100 Application to Supreme Court to determine S. 100 privilege inserted by No. 13/2012 (1) Within 7 days after a sealed envelope or document s. 9 (as amended by or thing secured otherwise than in an envelope is No. 82/2012 given to the proper officer of the Supreme Court s. 148(3)). in accordance with section 97, the IBAC may apply to the Supreme Court to determine whether or not the document is the subject of privilege. (2) If no application is made under subsection (1) within the period of 7 days, the proper officer must return the document to the claimant of privilege. (3) The IBAC must give notice of the application to the claimant of privilege within a reasonable time before the hearing of the application. (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. 101 Determination of privilege claims S. 101 inserted by No. 13/2012 (1) On an application under section 100, the Supreme s. 9 (as Court must determine whether or not the amended by No. 82/2012 document in the sealed envelope or the document s. 148(3)). or thing secured otherwise than in an envelope is the subject of privilege. (2) For the purpose of making a determination under subsection (1), the Judge constituting the Supreme Court and any other person authorised by the Court may— (a) open the sealed envelope or access the document or thing secured otherwise than in an envelope; and (b) inspect the document or thing. Authorised by the Chief Parliamentary Counsel 151 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 4—Investigative powers (3) If the Supreme Court determines that the document or thing is the subject of privilege— (a) the Court must order that the document or thing be returned to the claimant; and (b) the proper officer must return the document or thing to the claimant. (4) If the Court determines that the document or thing is not the subject of privilege— (a) the Court must order that the document or thing be given to the IBAC; and (b) the proper officer must release the document or thing accordingly. (5) Subject to subsection (2), a person must not open a sealed envelope or otherwise have access to the document or thing contained in the sealed envelope before— (a) the Court determines the claim of privilege; or (b) the document or thing is returned to the claimant. Penalty: 120 penalty units or imprisonment for 12 months or both. (6) Subject to subsection (2), a person must not open or otherwise have access to a document or thing secured otherwise than in an envelope before— (a) the Court determines the claim of privilege; or (b) the document or thing is returned to the claimant. Penalty: 120 penalty units or imprisonment for 12 months or both. Authorised by the Chief Parliamentary Counsel 152 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 5—Defensive equipment and firearms Part 5—Defensive equipment and firearms Pt 5 (Heading and ss 102– 114) inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)). 102 Authorisation to possess, carry and use defensive S. 102 (Heading) equipment for investigating certain police personnel amended by conduct No. 37/2014 s. 10(Sch. item 85.17). S. 102 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)). (1) Subject to subsection (2), the IBAC, by S. 102(1) amended by instrument, may authorise a suitably trained senior No. 37/2014 IBAC Officer to possess, carry and use defensive s. 10(Sch. item 85.18). equipment for the purposes of investigating police personnel conduct by any police officer or protective services officer. (2) The IBAC must not give an authorisation under subsection (1) unless satisfied that the senior IBAC Officer reasonably requires the possession, carrying and use of defensive equipment— (a) to perform functions and exercise powers of the IBAC or an authorised officer in relation to investigations; and (b) to ensure the safety of the senior IBAC Officer in the performance of those functions or the exercise of those powers. Authorised by the Chief Parliamentary Counsel 153 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 5—Defensive equipment and firearms (3) For the purposes of subsection (1), a senior IBAC Officer is suitably trained if the IBAC is satisfied that the senior IBAC Officer has completed a prescribed course of training in the use of defensive equipment. (4) An authorisation under this section— (a) must specify the type of defensive equipment to which it relates; and (b) may be subject to any conditions that the IBAC considers appropriate to impose. S. 102(5) (5) A senior IBAC Officer must not possess, carry or amended by No. 37/2014 use defensive equipment in the course of an s. 10(Sch. investigation of police personnel conduct by any item 85.18). police officer or protective services officer unless authorised to do so under this section. Penalty: 60 penalty units or imprisonment for 6 months or both. S. 103 103 Authorisation to possess, carry and use defensive inserted by No. 13/2012 equipment for investigating possible corrupt s. 9 (as conduct amended by No. 82/2012 s. 148(3)). (1) Subject to subsection (2), the IBAC, by instrument, may authorise a suitably trained senior IBAC Officer to possess, carry and use defensive equipment for the purposes of an investigation into possible corrupt conduct. (2) The IBAC must not give an authorisation under subsection (1) unless satisfied that— (a) requesting assistance from the Chief Commissioner of Police may compromise the investigation; and Authorised by the Chief Parliamentary Counsel 154 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 5—Defensive equipment and firearms (b) the senior IBAC Officer reasonably requires the possession, carrying and use of defensive equipment— (i) to perform functions and exercise powers of the IBAC or an authorised officer in relation to an investigation; and (ii) to ensure the safety of the senior IBAC Officer in the performance of IBAC functions or the exercise of IBAC powers. (3) For the purposes of subsection (1), a senior IBAC Officer is suitably trained if the IBAC is satisfied that the senior IBAC Officer has completed a prescribed course of training in the use of defensive equipment. (4) An authorisation under this section— (a) must specify the type of defensive equipment to which it relates; and (b) may be subject to any conditions that the IBAC considers appropriate to impose. (5) A senior IBAC Officer must not possess, carry or use defensive equipment in the course of an investigation into possible corrupt conduct unless authorised to do so under this section. Penalty: 60 penalty units or imprisonment for 6 months or both. 104 Authorisation to possess, carry and use defensive S. 104 inserted by equipment for training purposes No. 13/2012 s. 9 (as (1) The IBAC, by instrument, may authorise a senior amended by No. 82/2012 IBAC Officer to possess, carry and use defensive s. 148(3)). equipment for the purposes of— Authorised by the Chief Parliamentary Counsel 155 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 5—Defensive equipment and firearms (a) providing or receiving training in relation to the use of that equipment; or (b) testing and maintaining that equipment. (2) An authorisation under this section— (a) must specify the type of defensive equipment to which it relates; and (b) may be subject to any conditions that the IBAC considers appropriate to impose. S. 105 105 Authorisation to acquire, store and maintain inserted by No. 13/2012 defensive equipment s. 9 (as amended by (1) The IBAC, by instrument, may authorise a senior No. 82/2012 s. 148(3)). IBAC Officer to possess, carry and use defensive equipment for the purposes of one or more of the following— (a) the purchase or acquisition of that equipment; (b) the maintenance of that equipment; (c) the issue of that equipment; (d) accepting the return of that equipment from a person authorised under this Part to possess, carry and use that equipment; (e) storage of that equipment. (2) An authorisation under this section must— (a) specify the type of defensive equipment to which it relates; and (b) may be subject to any conditions that the IBAC considers appropriate to impose. Authorised by the Chief Parliamentary Counsel 156 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 5—Defensive equipment and firearms (3) A senior IBAC Officer who is authorised under this section must ensure that any defensive equipment to which the authorisation relates is safely and securely stored when it is returned from the possession of a person authorised to possess, carry and use it under this Part. 106 Authorisation to possess, carry and use firearms for S. 106 (Heading) investigating certain police personnel conduct amended by No. 37/2014 s. 10(Sch. item 85.19). S. 106 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)). (1) Subject to subsection (2), the IBAC, by S. 106(1) amended by instrument, may authorise a suitably trained senior No. 37/2014 IBAC Officer to possess, carry and use a firearm s. 10(Sch. item 85.20). for the purposes of investigating police personnel conduct by any police officer or protective services officer. (2) The IBAC must not give an authorisation under subsection (1) unless satisfied that the senior IBAC Officer reasonably requires the possession, carrying and use of a firearm— (a) to perform functions and exercise powers of the IBAC or an authorised officer in relation to investigations; and (b) to ensure the safety of the senior IBAC Officer in the performance of those functions or the exercise of those powers. (3) For the purposes of subsection (1), a senior IBAC Officer is suitably trained if the IBAC is satisfied that the senior IBAC Officer has completed a prescribed course of training in the use of firearms. Authorised by the Chief Parliamentary Counsel 157 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 5—Defensive equipment and firearms (4) An authorisation under this section— (a) must specify the type of firearm to which it relates; and (b) may be subject to any conditions that the IBAC considers appropriate to impose. S. 106(5) (5) A senior IBAC Officer must not possess, carry or amended by No. 37/2014 use a firearm in the course of an investigation of s. 10(Sch. police personnel conduct by any police officer or item 85.20). protective services officer unless authorised to do so under this section. Penalty: 60 penalty units or imprisonment for 6 months or both. S. 107 107 Authorisation to possess, carry and use firearms for inserted by No. 13/2012 investigating possible corrupt conduct s. 9 (as amended by (1) Subject to subsection (2), the IBAC, by No. 82/2012 s. 148(3)). instrument, may authorise a suitably trained senior IBAC Officer to possess, carry and use a firearm for the purposes of an investigation into possible corrupt conduct. (2) The IBAC must not give an authorisation under subsection (1) unless satisfied that— (a) requesting assistance from the Chief Commissioner of Police may compromise the investigation; and (b) the senior IBAC Officer reasonably requires the possession, carrying and use of a firearm— (i) to perform functions and exercise powers of the IBAC or an authorised officer in relation to investigations; and (ii) to ensure the safety of the senior IBAC Officer in the performance of IBAC functions or the exercise of IBAC powers. Authorised by the Chief Parliamentary Counsel 158 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 5—Defensive equipment and firearms (3) For the purposes of subsection (1), a senior IBAC Officer is suitably trained if the IBAC is satisfied that the senior IBAC Officer has completed a prescribed course of training in the use of firearms. (4) An authorisation under this section— (a) must specify the type of firearm to which it relates; and (b) may be subject to any conditions that the IBAC considers appropriate to impose. (5) A senior IBAC Officer must not possess, carry or use a firearm in the course of an investigation into possible corrupt conduct unless authorised to do so under this section. Penalty: 60 penalty units or imprisonment for 6 months or both. 108 Authorisation to possess, carry and use firearms for S. 108 inserted by training purposes No. 13/2012 s. 9 (as (1) The IBAC, by instrument, may authorise a senior amended by No. 82/2012 IBAC Officer to possess, carry and use a firearm s. 148(3)). for the purposes of— (a) providing or receiving training in relation to the use of that firearm; or (b) testing and maintaining that firearm. (2) An authorisation under this section— (a) must specify the type of firearm to which it relates; and (b) may be subject to any conditions that the IBAC considers appropriate to impose. Authorised by the Chief Parliamentary Counsel 159 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 5—Defensive equipment and firearms S. 109 109 Authorisation to acquire, dispose of, store and inserted by maintain firearms No. 13/2012 s. 9 (as (1) The IBAC, by instrument, may authorise a senior amended by No. 82/2012 IBAC Officer— s. 148(3)). (a) to acquire or dispose of a firearm on behalf of the IBAC; and (b) to possess and carry firearms for the purposes of— (i) acquiring or disposing of firearms; and (ii) maintaining firearms; and (iii) storing firearms. (2) An authorisation under this section must— (a) specify the type of firearm to which it relates; and (b) may be subject to any conditions that the IBAC considers appropriate to impose. (3) A firearm acquired under this section is taken to be acquired by the IBAC and must be registered under the Firearms Act 1996 in the name of the IBAC. S. 110 110 Senior IBAC Officer must not contravene conditions inserted by No. 13/2012 of authorisation s. 9 (as amended by A senior IBAC Officer who is authorised under No. 82/2012 s. 148(3)). this Part to possess, carry or use defensive equipment or a firearm must not contravene any conditions to which the authorisation is subject. Penalty: 60 penalty units or imprisonment for 6 months or both. Authorised by the Chief Parliamentary Counsel 160 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 5—Defensive equipment and firearms 111 The IBAC to notify Chief Commissioner of Police of S. 111 acquisition or disposal of firearms inserted by No. 13/2012 (1) The IBAC must notify the Chief Commissioner of s. 9 (as amended by Police within 7 days of— No. 82/2012 s. 148(3)). (a) the acquisition of a firearm; or (b) the disposal of a firearm. (2) The notification must— (a) be in writing; and (b) state the make, type, calibre, action and serial number of the firearm. 112 Storage of firearms S. 112 inserted by No. 13/2012 (1) The IBAC must ensure that a firearm acquired s. 9 (as under an authorisation under this Part is stored— amended by No. 82/2012 (a) in the case of a category A or B longarm, in s. 148(3)). accordance with clause 1(1) and (2) of Schedule 4 to the Firearms Act 1996; (b) in the case of a category C or D longarm or a general category handgun, in accordance with clause 2(1), (2) and (2A) of Schedule 4 to the Firearms Act 1996, as if the reference to the holder of the licence were a reference to a senior IBAC Officer authorised under section 109. (2) A senior IBAC Officer who is authorised under this Part to possess, carry or use a firearm, must ensure that the firearm is stored— (a) in the case of a category A or B longarm, in accordance with clause 1(1) and (2) of

Schedule 4 to the Firearms Act 1996; (b) in the case of a category C or D longarm or a general category handgun, in accordance with clause 2(1), (2) and (2A) of Schedule 4 to the Firearms Act 1996, as if the reference Authorised by the Chief Parliamentary Counsel 161 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 5—Defensive equipment and firearms to the holder of the licence were a reference to the senior IBAC Officer authorised under this Part. S. 113 113 Storage of cartridge ammunition inserted by No. 13/2012 s. 9 (as (1) The IBAC must ensure that any cartridge amended by ammunition acquired in accordance with this Part No. 82/2012 s. 148(3)). is stored— (a) in the case of cartridge ammunition for a category A or B longarm, in accordance with clause 1(3) of Schedule 4 to the Firearms Act 1996; (b) in the case of cartridge ammunition for a category C or D longarm or a general category handgun, in accordance with clause 2(3) of Schedule 4 to the Firearms Act 1996. (2) A senior IBAC Officer who is authorised under this Part to possess, carry or use a firearm must ensure that any cartridge ammunition is stored— (a) in the case of cartridge ammunition for a category A or B longarm, in accordance with clause 1(3) of Schedule 4 to the Firearms Act 1996; (b) in the case of cartridge ammunition for a category C or D longarm or a general category handgun, in accordance with clause 2(3) of Schedule 4 to the Firearms Act 1996. S. 114 114 Requirement to notify Chief Commissioner of Police inserted by No. 13/2012 of loss, theft or destruction s. 9 (as amended by The IBAC must notify the Chief Commissioner No. 82/2012 s. 148(3)). of Police of the loss, theft or destruction of any firearm acquired by the IBAC within 24 hours after becoming aware of that loss, theft or destruction. Authorised by the Chief Parliamentary Counsel 162 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations Part 6—Examinations Pt 6 (Headings and ss 115– Division 1—Examinations 158) inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)). 115 Power to hold examinations S. 115 inserted by No. 28/2012 (1) For the purposes of an investigation, the IBAC s. 21 (as may hold an examination. amended by No. 82/2012 s. 151(3)), amended by No. 30/2016 s. 29 (ILA s. 39B(1)). (2) The IBAC may appoint a person as an examiner to S. 115(2) inserted by preside at any examination if the person— No. 30/2016 s. 29. (a) would be eligible to be appointed to be the S. 115(2)(a) amended by Commissioner in accordance with No. 11/2021 section 20(2) or, in the case of a Deputy s. 138(1). Commissioner who is not eligible under section 20(2), subject to subsection (2A), such a Deputy Commissioner; and (b) has taken an oath or made an affirmation under section 37. (2A) The IBAC must not appoint a Deputy S. 115(2A) inserted by Commissioner who is not eligible under No. 11/2021 section 20(2) as an examiner unless the IBAC s.138(2). Commissioner is of the opinion that— (a) it is appropriate to do so; and (b) the Deputy Commissioner has the appropriate skills and knowledge to perform the function of examiner. Authorised by the Chief Parliamentary Counsel 163 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations S. 115(3) (3) A consultant appointed under section 36 may be inserted by appointed as an examiner if the consultant meets No. 30/2016 s. 29. the criteria specified in subsection (2). S. 115(4) (4) A person appointed under subsection (2) may inserted by No. 30/2016 perform any function or exercise any power that s. 29, the IBAC has under this Part other than under this amended by No. 11/2021 section or section 117, 132(1), 141, 153(1) or s. 138(3). 156(1). S. 115(5) (5) A person appointed under subsection (2) may inserted by No. 30/2016 exercise the powers specified in section 132 as if s. 29. the person was an IBAC officer authorised to do so by the Commissioner under section 132(1). S. 115(6) (6) For the avoidance of doubt, a person appointed to inserted by No. 30/2016 preside at any examination may preside at a public s. 29. examination. S. 115(7) (7) The IBAC must as soon as practicable notify the inserted by No. 30/2016 Victorian Inspectorate of any appointment made s. 29. under subsection (2). S. 115(8) (8) A notice under subsection (7) must specify details inserted by No. 30/2016 of the following— s. 29. (a) the person appointed; (b) the reasons for the appointment. S. 116 116 Conduct of examinations inserted by No. 28/2012 s. 21 (as In holding an examination, the IBAC— amended by No. 82/2012 (a) is not bound by the rules of evidence; and s. 151(3)). S. 116(b) (b) subject to any requirements under this amended by No. 2/2019 Division, may regulate the procedure of the s. 118. examination as the IBAC considers appropriate. Authorised by the Chief Parliamentary Counsel 164 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations 117 Examinations generally to be held in private S. 117 inserted by (1) Subject to subsection (2), an examination is not No. 28/2012 open to the public unless the IBAC considers on s. 21 (as amended by reasonable grounds— No. 82/2012 s. 151(3)), (a) there are exceptional circumstances; and amended by No. 85/2012 (b) it is in the public interest to hold a public s. 97. examination; and (c) a public examination can be held without S. 117(1)(c) amended by causing unreasonable damage to a person's No. 2/2019 reputation, safety or wellbeing; and s. 119(1)(a). (d) the conduct that is the subject of the S. 117(1)(d) inserted by investigation may constitute— No. 2/2019 s. 119(1)(b). (i) serious corrupt conduct; or (ii) systemic corrupt conduct; or (iii) serious police personnel misconduct; or (iv) systemic police personnel misconduct. (2) The IBAC must not hold an examination in public if the examination may disclose particulars likely to lead to the identification of a person who has made an assessable disclosure. (3) However, the IBAC may hold an examination in S. 117(3) amended by public if the information that may be disclosed is No. 2/2019 information to which section 53(2)(a), (c) or (d) of s. 57(Sch. 1 Pt A item 11). the Public Interest Disclosures Act 2012 applies. (3A) If the IBAC holds an examination in public, the S. 117(3A) inserted by IBAC may hold any part of the examination in No. 2/2019 private— s. 119(2). (a) on application by— (i) a person attending the examination in accordance with a witness summons; or Authorised by the Chief Parliamentary Counsel 165 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (ii) a person authorised by the IBAC under section 119A to appear at the public examination; or (b) on its own motion. S. 117(3B) (3B) In deciding whether or not to hold part of the inserted by No. 2/2019 examination in private, the IBAC may have regard s. 119(2). to— (a) whether it is in the public interest to keep that part of the examination open to the public; and (b) whether holding the examination in private is necessary to prevent unreasonable damage to a person's reputation, safety or wellbeing. S. 117(4) (4) For the purposes of subsection (1)(b) and (3B)(a), substituted by No. 2/2019 the factors the IBAC may take into account in s. 119(3). determining whether or not it is in the public interest to hold a public examination or part of an examination open to the public (as applicable) include, but are not limited to— (a) in the case of an investigation of conduct that may constitute serious corrupt conduct or serious police personnel misconduct— whether the conduct relates to an individual or is an isolated incident or systemic in nature; and (b) in the case of an investigation of conduct that may constitute systemic corrupt conduct or systemic police personnel misconduct—the seriousness of the matter being investigated; and (c) the benefit of exposing to the public, and making the public aware of, corrupt conduct or police personnel misconduct. Authorised by the Chief Parliamentary Counsel 166 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (5) Not less than 10 business days before a public S. 117(5) examination is held, the IBAC must— amended by No. 2/2019 (a) inform the Victorian Inspectorate that the s. 119(4). IBAC intends to hold the public examination; and (b) provide a written report to the Victorian Inspectorate giving the reasons the IBAC decided to hold a public examination in accordance with subsection (1). (5A) The IBAC must not make a public announcement S. 117(5A) inserted by of its intention to hold a public examination for No. 2/2019 the purposes of an investigation unless the IBAC s. 119(5). has notified the Victorian Inspectorate in accordance with subsection (5) of its intention to do so. (6) A judicial officer is not required to attend a public examination but may consent to doing so. 118 Offence to be present at examination S. 118 inserted by No. 28/2012 (1) A person (other than an IBAC Officer or a s. 21 (as Victorian Inspectorate Officer) must not be amended by No. 82/2012 present at an examination that is not open to the s. 151(3)), public unless he or she is— amended by No. 30/2016 (a) attending in accordance with a witness s. 30 (ILA s. 39B(1)). summons duly served under section 124; or (b) subject to section 127(2), an Australian legal practitioner representing a person who is attending in accordance with a witness summons; or (c) entitled to be present by reason of a direction given by the IBAC under section 119; or (d) an Australian legal practitioner, or other person, engaged by the IBAC to assist the IBAC in the examination; or Authorised by the Chief Parliamentary Counsel 167 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (e) any other person authorised to be present by the IBAC or otherwise authorised to be present under this Act or any other law. Penalty: 120 penalty units or imprisonment for 12 months or both. S. 118(2) (2) In this section, present includes being remotely inserted by No. 30/2016 present. s. 30. S. 119 119 The IBAC may give directions inserted by No. 28/2012 s. 21 (as (1) The IBAC may give directions as to the persons amended by who— No. 82/2012 s. 151(3)), (a) may be present during an examination or part amended by No. 82/2012 of an examination; s. 13. (b) must not be present during an examination or part of an examination. S. 119(1A) (1A) For the purposes of subsection (1), a direction inserted by No. 30/2016 under subsection (1) may provide that a person s. 31. may be remotely present during an examination or part of an examination. (2) A direction under subsection (1) must not prevent the presence, when evidence is being taken at an examination, of— (a) subject to section 127(2), an Australian legal practitioner representing a person attending in accordance with a witness summons; or (b) an IBAC Officer; or (c) a Victorian Inspectorate Officer; or (d) any other person authorised to be present under this Act or any other law. Authorised by the Chief Parliamentary Counsel 168 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations 119A Appearance at public examination by interested S. 119A party inserted by No. 2/2019 The IBAC may authorise a person to appear at a s. 120. public examination if satisfied that— (a) the person has a substantial and direct interest in the subject matter of the examination; and (b) it is appropriate for the person to appear at the examination as an interested party. Note Under section 127(7), the IBAC may authorise the person to be represented at the examination by an Australian legal practitioner. 120 Witness summons S. 120 inserted by No. 28/2012 (1) For the purposes of an investigation, the IBAC s. 21 (as may issue the following witness summonses to a amended by No. 82/2012 person— s. 151(3)), amended by (a) a summons to attend the IBAC to give No. 82/2012 evidence at an examination at a specified s. 14(1). time and place on a specified date; (b) a summons to attend at a specified time and place on a specified date to produce documents or other things to the IBAC; (c) a summons to attend an examination at a specified time and place on a specified date before the IBAC to give evidence and produce documents or other things. (1A) A witness summons under subsection (1) may S. 120(1A) inserted by specify that attendance required under the No. 11/2021 summons is to be by means of audio visual link or s. 131. audio link and in a specified manner. (1B) A witness summons under subsection (1) that S. 120(1B) inserted by provides for attendance as described in subsection No. 11/2021 (1A)— s. 131. Authorised by the Chief Parliamentary Counsel 169 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (a) need not specify a place for attendance; and (b) may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner. S. 120(1C) (1C) The IBAC may vary the means of attendance inserted by No. 11/2021 required under a witness summons under s. 131. subsection (1) without reissuing the witness summons if the consent of the person attending or that person's legal representative is given to that variation. (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) the evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and (b) the age of the person and any mental impairment to which the person is known or believed to be subject. (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— (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. (4) If a person is issued with a witness summons referred to in subsection (1)(b), 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. Authorised by the Chief Parliamentary Counsel 170 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (5) A person to whom a witness summons is directed must, in accordance with the summons, attend from day to day unless excused from further attendance. 121 Content and form of witness summons S. 121 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)), amended by No. 82/2012 s. 14(2)(3). (1) Subject to section 120(1A), (1B) and (1C), a S. 121(1) amended by witness summons must require the person to No. 11/2021 whom it is directed to attend at a specified time s. 132. and place on a specified date— (a) to give evidence at an examination before the IBAC; or (b) to produce to the IBAC any documents or other things described in the witness summons that are in the person's possession or control; or (c) to both give evidence at an examination and produce any documents or other things described in the witness summons that are in the person's possession or control. (2) A witness summons referred to in subsection (1)(a) or (c) must state the nature of the matters about which the person to whom it is directed is to be questioned, except to the extent to which the IBAC considers on reasonable grounds that this would be likely to prejudice the conduct of the investigation to which the witness summons relates or would be contrary to the public interest. (3) A witness summons must— (a) be in the prescribed form; and Authorised by the Chief Parliamentary Counsel 171 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (b) be accompanied by a copy of any relevant confidentiality notice; and (c) be accompanied by a statement setting out the matters specified in subsection (4). (4) A statement referred to in subsection (3)(c) must include the following— (a) that failure to comply with the witness summons may be an offence and penalties may apply; (b) whether it is intended that the examination is to be held in public or in private; (c) 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 123; (d) that the person is entitled to seek legal advice in relation to the witness summons and the examination generally; (e) that the person has a right to legal representation at an examination; (f) that, if applicable, the person has a right to have an interpreter present at the examination; (g) that, if applicable, the person is required to have a parent, a guardian or an independent person present at the examination; (h) that a person may claim a privilege but— (i) a person is not excused from answering a question or giving information or from producing a document or other thing on the ground that the answer, information, document or other thing Authorised by the Chief Parliamentary Counsel 172 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations may tend to incriminate the person or make the person liable to a penalty; (ii) that if the person is a public officer, the S. 121(4)(h)(ii) amended by Crown is not entitled to assert any Nos 37/2014 privilege; s. 10(Sch. item 85.21), 2/2019 s. 121. (i) if a person gives any answer, information, document or other thing that may tend to incriminate the person, an immunity as to the use of that evidence may apply; (j) that, with limited exceptions in relation to a S. 121(4)(j) amended by person who is a member of Victoria Police No. 37/2014 personnel, statutory secrecy provisions may s. 10(Sch. item 85.21). apply which prevent the person from answering a question or giving information or producing documents or other things; (k) that the person has a right to complain to the Victorian Inspectorate; (l) any other prescribed matter. 122 IBAC to report to Victorian Inspectorate on issue of S. 122 inserted by witness summonses No. 28/2012 s. 21 (as Within 3 days after the issue of a witness amended by No. 82/2012 summons, the IBAC must give a written report to s. 151(3)). the Victorian Inspectorate specifying— (a) the name of the person summoned; and S. 122(a) amended by No. 2/2019 s. 122(a). (b) the reasons why the witness summons was S. 122(b) amended by issued; and No. 2/2019 s. 122(b). (c) if, under section 121(2), the witness S. 122(c) inserted by summons does not state, or fully state, the No. 2/2019 nature of the matters about which the person s. 122(c). Authorised by the Chief Parliamentary Counsel 173 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations to whom it is directed is to be questioned— the reason for not stating or fully stating the nature of those matters; and S. 122(d) (d) if, under section 124(2), the witness inserted by No. 2/2019 summons requires immediate attendance by s. 122(c). a person before the IBAC—the reasons for requiring the immediate attendance of the person. S. 123 123 Witness summons directed to person under 16 years inserted by No. 28/2012 s. 21 (as (1) A witness summons directed to a person under the amended by age of 16 years at the date of issue of the witness No. 82/2012 s. 151(3)). 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. S. 124 124 Service of witness summons inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)). S. 124(1) (1) Subject to subsection (2) or (2A), a witness amended by No. 11/2021 summons must be served at a reasonable time, s. 133(1). being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the witness summons. (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— (a) evidence being lost or destroyed; or (b) the commission of an offence; or Authorised by the Chief Parliamentary Counsel 174 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (c) the escape of the person who is summoned; or (d) serious prejudice to the conduct of the investigation to which the witness summons relates. (2A) If a witness summons is varied by consent under S. 124(2A) inserted by section 120(1C), the 7 day period for service No. 11/2021 under subsection (1) does not apply and the s. 133(2). summons is not required to be reissued. (3) A witness summons directed to a natural person S. 124(3) amended by must be served by serving a copy of the witness No. 11/2021 summons to the person personally or in s. 133(3)(a). accordance with section 191(1). (4) A witness summons directed to a body corporate S. 124(4) substituted by must be served by sending a copy of the witness No. 30/2016 summons by registered post to the head office, a s. 32, amended by registered office, a principal office or a principal No. 11/2021 place of business of the body corporate or to a s. 133(3)(b). postal address of the body corporate or in accordance with section 191(2). (5) Subsection (4) is in addition to, and not in derogation of, section 109X and 601CX of the Corporations Act. 125 Supreme Court may order service by other means S. 125 inserted by No. 28/2012 (1) If it appears that it is not reasonably practicable to s. 21 (as serve a witness summons in accordance with amended by No. 82/2012 section 124, the IBAC may apply to the Supreme s. 151(3)). Court for an order that the witness summons be served by another means. (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 124, the Court may— Authorised by the Chief Parliamentary Counsel 175 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (a) order that the witness summons be served by any other means the Court considers appropriate; or (b) make an order for substituted service. S. 126 126 Witness already held in custody inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)), amended by No. 82/2012 s. 15. S. 126(1) (1) If a witness summons is issued to a person who is amended by No. 37/2014 in a prison or a police gaol, the IBAC may give a s. 10(Sch. written direction that the person be delivered into item 85.22). the custody of a police officer for the purpose of bringing the person before the IBAC as required by the witness summons. (2) A direction under subsection (1)— (a) must be in the prescribed form; and (b) must include a statement that if the person who is the subject of the direction is under the age of 16 years at the date the direction is given, the direction is of no effect and the person is not required to attend the IBAC. S. 126(3) (3) While a person who is subject to a direction under amended by No. 37/2014 subsection (1) is absent from a prison or a police s. 10(Sch. gaol, the person is deemed to be in the legal item 85.22). custody of the police officer. S. 126(4) (4) The person is to be detained in the legal custody amended by Nos 37/2014 of the police officer until he or she is excused by s. 10(Sch. the IBAC from attendance. item 85.22), 30/2016 s. 33. S. 126(5) (5) The police officer who has custody of a person amended by No. 37/2014 under subsection (3) must return the person to the s. 10(Sch. prison or the police gaol from which the person item 85.22). Authorised by the Chief Parliamentary Counsel 176 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations was removed under the direction under subsection (1) when the person is excused by the IBAC from attendance. 127 Legal representation of witnesses and other persons S. 127 inserted by No. 28/2012 (1) Subject to this section, a witness may be s. 21 (as represented at an examination by an Australian amended by No. 82/2012 legal practitioner. s. 151(3)), amended by No. 82/2012 s. 16. (1A) For the purposes of this section, the attendance of S. 127(1A) inserted by an Australian legal practitioner at the IBAC for No. 11/2021 the purposes of representing a witness includes s. 134. attendance by the practitioner by means of audio visual link or audio link. (2) The IBAC may direct a witness not to seek legal advice or representation in relation to a witness summons from a specified Australian legal practitioner if the IBAC considers on reasonable grounds that the examination would be prejudiced because the Australian legal practitioner is— (a) a witness in the examination or another examination; or (b) the representative of another witness in the examination or another examination; or (c) a person involved, or suspected of being involved, in a matter being investigated by the IBAC or the Victorian Inspectorate; or (d) the representative of a person involved, or suspected of being involved, in a matter being investigated by the IBAC or the Victorian Inspectorate. (3) A direction under subsection (2) may be made at any time, whether before, at or after the time for complying with the witness summons. Authorised by the Chief Parliamentary Counsel 177 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (4) The IBAC must advise the person bound by the direction that a direction has been made under subsection (2). (5) A person is bound by a direction under subsection (2) from the time when the IBAC gives the advice to that person under subsection (4). (6) If the IBAC gives a direction under subsection (2), the IBAC must, unless section 124(2) applies, allow the person bound by the direction at least 3 days from the date of receipt of the direction to obtain legal advice or representation by another Australian legal practitioner before the person is required to attend for the purpose of complying with the witness summons. S. 127(7) (7) The IBAC may authorise a person who is not a substituted by No. 2/2019 witness to be represented by an Australian legal s. 123. practitioner during the examination of a witness if the IBAC— (a) has authorised the person under section 119A to appear at a public examination; or (b) considers that there are special circumstances. S. 127(7A) (7A) The IBAC may direct a person referred to inserted by No. 2/2019 in subsection (7) not to be represented by s. 123. a specified Australian legal practitioner if the IBAC considers on reasonable grounds that the examination would be prejudiced because the Australian legal practitioner is— (a) a witness in the examination or another examination; or (b) the representative of a witness in the examination or another examination; or Authorised by the Chief Parliamentary Counsel 178 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (c) a person involved, or suspected of being involved, in a matter being investigated by the IBAC or the Victorian Inspectorate; or (d) the representative of a person involved, or suspected of being involved, in a matter being investigated by the IBAC or the Victorian Inspectorate. (8) The IBAC may direct a person who has received a proposed report, or draft or part of a proposed report or information contained in a report or to whom a confidentiality notice is directed not to seek legal advice or representation in relation to the report or confidentiality notice from a specified Australian legal practitioner if the IBAC considers on reasonable grounds that the investigation would be prejudiced because the Australian legal practitioner is— (a) a witness in the examination or another examination; or (b) the representative of another witness in the examination or another examination; or (c) a person involved, or suspected of being involved, in a matter being investigated by the IBAC or the Victorian Inspectorate; or (d) the representative of a person involved, or suspected of being involved, in a matter being investigated by the IBAC or the Victorian Inspectorate. (9) The IBAC must advise the person bound by the direction that a direction has been made under subsection (8). (10) A person is bound by a direction under subsection (8) from the time when the IBAC gives the advice to that person under subsection (9). Authorised by the Chief Parliamentary Counsel 179 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations S. 128 128 IBAC to inform Victorian Inspectorate of direction inserted by in relation to specified Australian legal practitioner No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)). S. 128(1) (1) If the IBAC makes a direction in relation to a amended by No. 2/2019 specified Australian legal practitioner under s. 124. section 127(2), (7A) or (8), the IBAC must inform the Victorian Inspectorate in writing of— (a) that direction; (b) the reasons for the direction; (c) the specific provision of this Act relied on in making the direction; (d) the factors taken into consideration in making the direction. S. 128(2) (2) The IBAC must inform the Victorian Inspectorate amended by No. 2/2019 of a direction under section 127(2), (7A) or (8) s. 124. within 24 hours of the making of the direction. S. 129 129 Specific provisions relating to witnesses inserted by No. 28/2012 s. 21 (as (1) At any time during an examination, if the IBAC amended by becomes aware that a witness is under the age of No. 82/2012 s. 151(3)) 16 years, the IBAC must immediately release the amended by person from compliance with any witness No. 82/2012 s. 17. summons applying to that person. (2) If a witness does not have knowledge of the English language that is sufficient to enable the witness to understand questions asked of him or her or to answer those questions, before the examination commences, or during the examination, as the case requires, the IBAC must provide for a competent interpreter to be present for the examination. Authorised by the Chief Parliamentary Counsel 180 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (3) If a witness is under the age of 18 years, the witness must be accompanied by a parent or guardian or an independent person. (4) The IBAC must direct that an independent person be present during the examination of a witness if— (a) the IBAC believes the witness has a mental impairment; or (b) the witness provides the IBAC with reasonably satisfactory medical evidence that the witness has a mental impairment. (5) For the purposes of this section, the following S. 129(5) inserted by persons may be present at an examination, in the No. 11/2021 capacity specified in this section, by means of s. 135. audio visual link or audio link— (a) an interpreter; (b) a parent or guardian; (c) an independent person. 129A The IBAC may issue suppression order S. 129A inserted by No. 30/2016 (1) The IBAC may issue a suppression order s. 34. 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— (a) to prevent prejudice or hardship being caused to any person, including harm to their safety or reputation; or (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. Authorised by the Chief Parliamentary Counsel 181 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (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. (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. (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. (6) A suppression order made under this section is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994. (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 (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; In the case of a body corporate, 3000 penalty units. Note Section 185 applies to an offence against this subsection. (8) An offence against subsection (7) is an indictable offence. Authorised by the Chief Parliamentary Counsel 182 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations 130 Actions to be taken before questioning of a witness S. 130 or requiring production of a document or other inserted by No. 28/2012 thing s. 21 (as amended by (1) Before a witness summoned to attend an No. 82/2012 examination and not excused from attendance s. 151(3)), amended by under section 120(4) is asked any questions or Nos 82/2012 required to produce a document or thing, the s. 18, 85/2012 s. 98. IBAC must— (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; (c) inform the witness orally and in writing of S. 130(1)(c) substituted by the person's rights and obligations as No. 30/2016 specified in section 121(4) unless the witness s. 35. informs the IBAC that— (i) an Australian legal practitioner has explained the statement referred to in section 121(3)(c) to the witness before the examination; and (ii) the witness does not wish to be informed of the statement referred to in section 121(3)(c) again; (d) inform an Australian legal practitioner who S. 130(1)(d) amended by is representing a witness or other person at No. 2/2019 the examination of any non-disclosure s. 57(Sch. 1 Pt A item 12). requirements that apply under the Act and, in the case of an investigation of a public interest complaint, the confidentiality requirements under the Public Interest Disclosures Act 2012; (e) take any other actions prescribed for the purposes of this subsection. Authorised by the Chief Parliamentary Counsel 183 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (2) Before a witness summoned to attend to give evidence at an examination is asked any questions, the IBAC must advise the witness of the nature of the matters in respect of which the witness is to be asked questions, except to the extent to which the IBAC forms the opinion on reasonable grounds that this would prejudice the investigation or would be contrary to the public interest. (3) For the avoidance of doubt, the IBAC is not required to give reasons for forming the opinion referred to in subsection (2). S. 131 131 Witness attending examination in relation to (Heading) amended by investigation of public interest complaint to be No. 2/2019 informed of confidentiality obligations s. 57(Sch. 1 Pt A item 13). Before a person attending as a witness at an S. 131 examination (whether voluntarily or in response to inserted by No. 85/2012 a summons) is asked any questions or required to s. 99. produce a document or thing, the IBAC must— S. 131(a) (a) advise the person that additional obligations amended by No. 2/2019 under the Public Interest Disclosures s. 57(Sch. 1 Act 2012 relating to confidentiality may Pt A item 14). apply to the person; and (b) inform the person of the nature of those obligations. S. 132 132 Power to examine on oath or affirmation inserted by No. 28/2012 s. 21 (as (1) An IBAC Officer who is authorised to do so by amended by the Commissioner may administer an oath or No. 82/2012 s. 151(3)). affirmation to a person. (2) An IBAC Officer who is authorised to do so by the Commissioner may, in relation to a person summoned to attend at an examination— (a) require the person to either take an oath or make an affirmation; Authorised by the Chief Parliamentary Counsel 184 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (b) administer an oath or affirmation to the person; (c) examine the person in accordance with the witness summons; (d) require the person to produce documents or things in accordance with the witness summons. (3) An IBAC Officer may witness a statutory S. 132(3) amended by declaration from any witness or other person. No. 6/2018 s. 68(Sch. 2 item 69.2). 132A Cross-examination of witness S. 132A inserted by No. 2/2019 (1) The following persons may, with the leave of the s. 125. IBAC, cross-examine a witness at a public examination of the witness on any matter that the IBAC considers relevant— (a) another witness; (b) a person authorised under section 119A to appear at the examination; (c) an Australian legal practitioner authorised under section 127 to represent a person referred to in paragraph (a) or (b) during the examination of the witness. (2) The witness being cross-examined has the same protections and is subject to the same liabilities and confidentiality obligations in relation to the cross-examination that apply in relation to the examination of the witness by the IBAC. 133 Video recording of examination S. 133 inserted by No. 28/2012 (1) If a person attends the IBAC for an examination in s. 21 (as accordance with a witness summons, the IBAC amended by No. 82/2012 must ensure that the person's attendance is video s. 151(3)). recorded. Authorised by the Chief Parliamentary Counsel 185 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (2) Subject to subsection (3), evidence of anything said by the person during the attendance is inadmissible as evidence against any person in any proceeding before a court or tribunal unless— (a) the attendance was video recorded; and (b) the video recording is available to be tendered in evidence. (3) A court may admit evidence of anything said by a person during an attendance that is otherwise inadmissible because of subsection (2) if the court is satisfied that there are exceptional circumstances that justify the admission of the evidence. (4) Unless the IBAC considers on reasonable grounds that doing so may prejudice an investigation, a person who is examined must be provided with a copy of— (a) the video recording; and (b) any transcript created. (5) If the IBAC determines not to provide a person with a copy of the video recording and any transcript in accordance with subsection (4), the IBAC must allow the person to view the video recording of his or her evidence at the IBAC premises at any reasonable time. S. 134 134 IBAC to give copy of video recording and any inserted by No. 28/2012 transcript to Victorian Inspectorate s. 21 (as amended by As soon as possible after an examination, the No. 82/2012 s. 151(3)). IBAC must provide the Victorian Inspectorate with a copy of the video recording and any transcript of the examination of the person who has been examined. Authorised by the Chief Parliamentary Counsel 186 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations 135 Offence for summoned witness to fail to attend S. 135 examination inserted by No. 28/2012 (1) A person who is duly served with a witness s. 21 (as amended by summons to attend as a witness to give evidence No. 82/2012 or to produce documents or other things at an s. 151(3)). examination before the IBAC must not, without reasonable excuse, fail to attend in accordance with the witness summons. Penalty: 240 penalty units or imprisonment for 2 years or both. Note Note to s. 135(1) Section 185 applies to an offence against this subsection. inserted by No. 30/2016 s. 46(5). (2) A person who is duly served with a witness summons to attend as a witness to give evidence or to produce documents or other things at an examination before the IBAC must not, without reasonable excuse, fail to attend from day to day unless— (a) excused by the IBAC; or (b) released from further attendance by the IBAC. Penalty: 240 penalty units or imprisonment for 2 years or both. Note Note to s. 135(2) Section 185 applies to an offence against this subsection. inserted by No. 30/2016 s. 46(6). Authorised by the Chief Parliamentary Counsel 187 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations S. 136 136 Offence for summoned witness to refuse or fail to inserted by answer question No. 28/2012 s. 21 (as (1) A person who is duly served with a witness amended by No. 82/2012 summons to attend as a witness to give evidence s. 151(3)), at an examination before the IBAC, must not, amended by No. 30/2016 without reasonable excuse, refuse or fail to answer s. 36 (ILA a question that he or she is required to answer by s. 39B(1)). the IBAC. Penalty: 240 penalty units or imprisonment for 2 years or both. S. 136(2) (2) If a question that a witness is required to answer inserted by No. 30/2016 by the IBAC is relevant in any respect to the s. 36. 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. Note to s. 136 Note inserted by No. 30/2016 Section 185 applies to an offence against this section. s. 46(7). S. 137 137 Offence for summoned witness to fail to produce inserted by No. 28/2012 document or other thing s. 21 (as amended by A person who is duly served with a witness No. 82/2012 s. 151(3)). summons to attend as a witness before the IBAC 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. Penalty: 240 penalty units or imprisonment for 2 years or both. Note to s. 137 Note inserted by No. 30/2016 Section 185 applies to an offence against this section. s. 46(8). Authorised by the Chief Parliamentary Counsel 188 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations 138 Offence to fail to take oath or make affirmation S. 138 inserted by A person who is duly served with a witness No. 28/2012 summons to attend as a witness at an examination s. 21 (as amended by before the IBAC must not, without reasonable No. 82/2012 excuse, refuse or fail to take an oath or make an s. 151(3)). affirmation when required to do so. Penalty: 240 penalty units or imprisonment for 2 years or both. Division 2—Arrest for failure to appear 139 Warrant to arrest witness who fails to appear S. 139 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)). (1) The IBAC may apply to a Judge of the Supreme S. 139(1) amended by Court or a magistrate for the issue of a warrant to No. 30/2016 arrest a person, if the IBAC believes on s. 37. reasonable grounds that the person has— (a) been duly served with a witness summons; and (b) failed to appear at the IBAC in accordance with the witness summons. (2) A Judge of the Supreme Court or a magistrate S. 139(2) amended by may issue an arrest warrant if satisfied by Nos 30/2016 evidence on oath or by affirmation that there s. 37, 6/2018 s. 68(Sch. 2 are reasonable grounds for the belief under item 69.3). subsection (1). (3) The rules to be observed with respect to warrants to arrest under the Magistrates' Court Act 1989 (other than section 62 or 64(2), (3) or (4)) extend and apply to an arrest warrant under this section. Authorised by the Chief Parliamentary Counsel 189 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations S. 139(4) (4) A person arrested under an arrest warrant issued amended by under this section— No. 22/2020 s. 7C(1). (a) must be brought before the IBAC as soon as practicable; and (b) may be detained in police custody until excused from attendance by the IBAC. S. 139(5) (5) The issue of an arrest warrant under this section, amended by No. 22/2020 or the arrest of a person under that warrant, does s. 7C(2). not relieve the person from any liability for non- compliance with the witness summons. S. 140 140 Bail for person arrested inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)). S. 140(1) (1) If it is not practicable for a person arrested under amended by Nos 30/2016 an arrest warrant issued under section 139(2) to be s. 38, 22/2020 brought before the IBAC within a reasonable time s. 7D. after he or she is arrested, the person must be brought before the Supreme Court or the Magistrates' Court. S. 140(2) (2) When a person is brought before the Supreme amended by No. 30/2016 Court or the Magistrates' Court under s. 38. subsection (1), the Supreme Court or the Magistrates' Court must deal with the person in accordance with the Bail Act 1977 as if the person had been accused of an offence. S. 141 141 Person held in custody inserted by No. 28/2012 s. 21 (as (1) The IBAC may direct that a person arrested under amended by an arrest warrant issued under section 139(2) be No. 82/2012 s. 151(3)), detained in a prison or a police gaol for the amended by purpose of ensuring his or her attendance at the No. 22/2020 s. 7E. examination if the IBAC is satisfied that there are reasonable grounds to believe that it is necessary— Authorised by the Chief Parliamentary Counsel 190 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (a) to prevent that person from escaping from police custody; or (b) to ensure the safety of the person. (2) If a person is detained in a prison in accordance S. 141(2) amended by with a direction under subsection (1), the IBAC No. 37/2014 may give a written direction for the person to be s. 10(Sch. item 85.22). delivered into the custody of a police officer for the purpose of bringing the person before the IBAC. Pt 6 Div. 2A Division 2A—Warrant to arrest for likely failure to (Heading and comply with witness summons in certain ss 141A– 141F) circumstances inserted by No. 22/2020 s. 7F. 141A Warrant to arrest potential witness who has not yet S. 141A inserted by been summoned No. 22/2020 s. 7F. (1) The IBAC may apply to a Judge of the Supreme Court for the issue of a warrant to arrest a person, if— (a) the IBAC has commenced an investigation under section 60; and (b) as a result of the investigation, the IBAC suspects on reasonable grounds that conduct of the person constitutes corrupt conduct; and (c) a witness summons has not been issued under section 120(1) in respect of the person; and Authorised by the Chief Parliamentary Counsel 191 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (d) the IBAC believes on reasonable grounds that— (i) the person is about to leave, is making preparations to leave, or is likely to leave, the State; and (ii) if a witness summons were issued under section 120(1), including a summons requiring immediate attendance under section 124(2), the person would be unlikely to attend before the IBAC, unless the person were arrested under an arrest warrant; and (e) the person is 18 years of age or over. (2) A Judge of the Supreme Court may issue an arrest warrant if satisfied by evidence on oath or affirmation that— (a) there are reasonable grounds for— (i) the suspicion under subsection (1)(b); and (ii) the belief under subsection (1)(d); and (b) the granting of an arrest warrant is reasonable having regard to— (i) the evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and (ii) the age of the person and any mental impairment to which the person is known or believed to be subject; and (c) if the person were not arrested, any information, document or thing sought to be obtained from the person would be lost and Authorised by the Chief Parliamentary Counsel 192 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations could not reasonably be obtained from any other source. 141B Warrant to arrest witness to whom a witness S. 141B inserted by summons has been issued but not served No. 22/2020 s. 7F. (1) The IBAC may apply to a Judge of the Supreme Court for the issue of a warrant to arrest a person, if— (a) the IBAC has commenced an investigation under section 60; and (b) as a result of the investigation, the IBAC suspects on reasonable grounds that conduct of the person constitutes corrupt conduct; and (c) a witness summons has been issued under section 120(1) in respect of the person but not served; and (d) the IBAC believes on reasonable grounds that— (i) the person is evading, attempting to evade, or likely to attempt to evade, service of the witness summons; and (ii) the person is unlikely to attend before the IBAC in accordance with the witness summons, unless the person is arrested under an arrest warrant; and (e) the person is 18 years of age or over. (2) A Judge of the Supreme Court may issue an arrest warrant if satisfied by evidence on oath or affirmation that— (a) there are reasonable grounds for— (i) the suspicion under subsection (1)(b); and (ii) the belief under subsection (1)(d); and Authorised by the Chief Parliamentary Counsel 193 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (b) the granting of an arrest warrant is reasonable having regard to— (i) the evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and (ii) the age of the person and any mental impairment to which the person is known or believed to be subject; and (c) if the person were not arrested, any information, document or thing sought to be obtained from the person would be lost and could not reasonably be obtained from any other source. S. 141C 141C Warrant to arrest witness to whom a witness inserted by No. 22/2020 summons has been issued and served s. 7F. (1) The IBAC may apply to a Judge of the Supreme Court for the issue of a warrant to arrest a person, if— (a) the IBAC has commenced an investigation under section 60; and (b) as a result of the investigation, the IBAC suspects on reasonable grounds that conduct of the person constitutes corrupt conduct; and (c) the person has been duly served with a witness summons issued under section 120(1); and (d) the IBAC believes on reasonable grounds that the person is unlikely to attend before the IBAC in accordance with the witness summons, unless the person is arrested under an arrest warrant; and (e) the person is 18 years of age or over. Authorised by the Chief Parliamentary Counsel 194 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (2) A Judge of the Supreme Court may issue an arrest warrant if satisfied by evidence on oath or affirmation that— (a) there are reasonable grounds for— (i) the suspicion under subsection (1)(b); and (ii) the belief under subsection (1)(d); and (b) the granting of an arrest warrant is reasonable having regard to— (i) the evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and (ii) the age of the person and any mental impairment to which the person is known or believed to be subject; and (c) if the person were not arrested, any information, document or thing sought to be obtained from the person would be lost and could not reasonably be obtained from any other source. 141D Matters relating to an arrest warrant issued under S. 141D inserted by section 141A(2), 141B(2) or 141C(2) No. 22/2020 s. 7F. (1) The rules to be observed with respect to warrants to arrest under the Magistrates' Court Act 1989 (other than section 62 or 64(2), (3) or (4)) extend and apply to an arrest warrant issued under section 141A(2), 141B(2) or 141C(2). (2) A person arrested under an arrest warrant issued under section 141A(2) or 141B(2) must be served with a witness summons issued under section 120(1) as soon as practicable after the arrest. Authorised by the Chief Parliamentary Counsel 195 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (3) The issue of an arrest warrant under section 141A(2), 141B(2) or 141C(2), or the arrest of a person under that warrant, does not relieve the person from any liability for non-compliance with a witness summons duly served on the person before or after the arrest. S. 141E 141E Arrest warrant under section 141A, 141B or 141C inserted by No. 22/2020 may be granted by telephone or audio visual link in s. 7F. certain circumstances (1) An application by the IBAC for an arrest warrant under section 141A(1), 141B(1) or 141C(1) may be made by telephone or audio visual link if the IBAC believes on reasonable grounds that— (a) the application is urgent; and (b) the person to be named in the arrest warrant is about to leave the State. (2) An application made by telephone or audio visual link for an arrest warrant must be supported by— (a) an affidavit setting out the grounds for an arrest warrant under section 141A(1), 141B(1) or 141C(1), as the case requires, and the grounds for the belief under subsection (1), that is— (i) sworn or affirmed; or (ii) if it is not reasonably practicable for the affidavit to be sworn or affirmed, a prepared copy of the affidavit that is not sworn or affirmed; or (b) if it is not reasonably practicable for an affidavit to be prepared, as much information as the Judge of the Supreme Court deciding the application considers is reasonably practicable in the circumstances, regarding— Authorised by the Chief Parliamentary Counsel 196 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (i) the grounds for an arrest warrant under section 141A(1), 141B(1) or 141C(1), as the case requires; and (ii) the grounds for the belief under subsection (1). (3) If the IBAC makes an application by telephone or audio visual link for an arrest warrant that is supported by an affidavit (whether or not sworn or affirmed), the IBAC must transmit by electronic communication a copy of the affidavit to the Judge of the Supreme Court deciding the application. (4) A Judge of the Supreme Court may issue an arrest warrant under section 141A(2), 141B(2) or 141C(2) on an application made by telephone or audio visual link if satisfied that— (a) the grounds for issuing an arrest warrant under section 141A(2), 141B(2) or 141C(2) are satisfied; and (b) there are reasonable grounds for the belief under subsection (1). (5) If a Judge of the Supreme Court issues an arrest warrant under section 141A(2), 141B(2) or 141C(2) on an application made by telephone or audio visual link, the Judge must— (a) inform the IBAC of the issue of the arrest warrant; and (b) if practicable, transmit by electronic communication a copy of the arrest warrant to the IBAC. (6) If it is not practicable to transmit by electronic communication a copy of the arrest warrant to the IBAC, the Judge may direct the IBAC to— Authorised by the Chief Parliamentary Counsel 197 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (a) complete a form of arrest warrant in the terms stated to the IBAC by the Judge of the Supreme Court and write on it the name of the Judge and the date on which and the time at which the arrest warrant was issued; and (b) provide the form of arrest warrant completed by the IBAC to the Judge of the Supreme Court as soon as practicable. (7) If the IBAC makes an application to a Judge of the Supreme Court by telephone or audio visual link for an arrest warrant, whether or not an arrest warrant is issued, the IBAC must provide to the Judge, not later than the day following the day on which the application was made, a sworn or affirmed affidavit setting out the grounds for the arrest warrant in the same terms stated by the IBAC under subsection (2). (8) If an application under section 141A(1), 141B(1) or 141C(1) is made by telephone or audio visual link and the application is supported by a prepared affidavit specified in subsection (2)(a)(ii) or information specified in subsection (2)(b), a Judge of the Supreme Court may issue an arrest warrant under section 141A(2), 141B(2) or 141C(2) despite the evidence not being given under oath or affirmation. S. 141F 141F Person arrested must be brought before the inserted by No. 22/2020 Supreme Court or Magistrates' Court s. 7F. (1) A person arrested under an arrest warrant issued under section 141A(2), 141B(2) or 141C(2) must be brought, as soon as practicable, before the Supreme Court or the Magistrates' Court and the Supreme Court or the Magistrates' Court (as the case requires) may— Authorised by the Chief Parliamentary Counsel 198 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (a) discharge the person from custody on bail in accordance with the Bail Act 1977 as if the person had been accused of an offence; or (b) subject to subsection (2), order the continued detention of the person in a prison or police gaol, for the purpose of ensuring the person's attendance before the IBAC, for a specified period not exceeding 24 hours or until the person is excused by the IBAC, whichever is earlier; or (c) order that the person be discharged from custody unconditionally. (2) The Supreme Court or the Magistrates' Court must not make an order under subsection (1)(b) unless the Supreme Court or the Magistrates' Court (as the case requires) is satisfied that— (a) detention of the person is necessary for the purpose of ensuring the person's attendance before the IBAC for the purposes of a witness summons issued under section 120(1); and (b) the IBAC is taking all reasonable steps to schedule the attendance as soon as is practicable. (3) If a person is detained in a prison in accordance with an order made under subsection (1)(b), the IBAC may give a written direction for the person to be delivered into the custody of a police officer for the purpose of bringing the person before the IBAC. (4) If a person is detained in accordance with an order made under subsection (1)(b), the IBAC must, before the expiration of the period of detention specified in the order— (a) release the person from custody unconditionally; or Authorised by the Chief Parliamentary Counsel 199 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (b) cause the person to be again brought before the Supreme Court or the Magistrates' Court. (5) If a person is brought before the Supreme Court or the Magistrates' Court in accordance with subsection (4)(b), the Supreme Court or the Magistrates' Court (as the case requires) may exercise any of the powers set out in subsection (1). Note A person discharged or released from custody unconditionally is not relieved from any obligation to comply with a witness summons requiring attendance at a later date. Pt 6 Div. 2B (Heading and Division 2B—General provisions in respect of s. 141G) inserted by arrest warrant issued under Division 2 or 2A No. 22/2020 s. 7F. S. 141G 141G Person arrested under arrest warrant issued under inserted by No. 22/2020 Division 2 or 2A to be given opportunity to seek s. 7F. legal advice or legal representation (1) Subject to section 127 and subsection (2), the IBAC is required to give a person arrested under an arrest warrant issued under Division 2 or 2A a reasonable opportunity to seek legal advice or obtain legal representation before the time specified for the person to attend before the IBAC in accordance with a witness summons issued under section 120(1). (2) Despite section 127(6), if the IBAC gives a direction under section 127(2), the IBAC is not required to allow the person bound by the direction at least 3 days from the receipt of the direction to obtain legal advice or representation by another Australian legal practitioner before the person is required to attend before the IBAC in Authorised by the Chief Parliamentary Counsel 200 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations accordance with the witness summons issued under section 120(1). 142 Report to Victorian Inspectorate on issue of arrest S. 142 inserted by warrant No. 28/2012 s. 21 (as Within 3 days after the issue of an arrest warrant amended by No. 82/2012 under Division 2 or 2A, the IBAC must give a s. 151(3)), written report to the Victorian Inspectorate amended by No. 22/2020 specifying— s. 7G. (a) the name of the person named in the arrest warrant; (b) the reasons in summary form as to why the S. 142(b) substituted by IBAC applied for the issue of an arrest No. 30/2016 warrant. s. 39, amended by No. 2/2019 s. 126. Division 3—Privileges and secrecy provisions applying to examinations 143 Privileges and secrecy generally S. 143 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)). (1) If a person is a public officer, any obligation to S. 143(1) amended by maintain secrecy or comply with a restriction Nos 37/2014 upon the disclosure of information obtained by or s. 10(Sch. item 85.23), provided to the person in his or her service as a 2/2019 public officer imposed by any enactment or any s. 127(1). rule of law— (a) is overridden; and (b) does not apply to the disclosure of information under Part 6. Authorised by the Chief Parliamentary Counsel 201 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations S. 143(2) (2) The Crown is not entitled to assert any privilege in amended by relation to an examination of a public officer, No. 37/2014 s. 10(Sch. including any requirement under a witness item 85.23), summons. substituted by No. 2/2019 s. 127(2). S. 143(3) (3) Any privilege referred to in subsection (2) is inserted by No. 2/2019 abrogated. s. 127(2). S. 143(4) (4) A person is not subject to any criminal, inserted by No. 2/2019 civil, administrative or disciplinary proceedings or s. 127(2). actions only because the person has not maintained secrecy or complied with a restriction upon the disclosure of information imposed by any enactment or any rule of law in the circumstances referred to in subsection (1). S. 143(5) (5) This section does not apply to information, inserted by No. 2/2019 documents or things that are subject to Cabinet s. 127(2). confidentiality. Note to s. 143 Note inserted by No. 2/2019 A public officer includes a member of Victoria Police personnel. s. 127(3). S. 144 144 Privilege against self-incrimination abrogated— inserted by No. 28/2012 witness summons s. 21 (as amended by (1) A person is not excused from answering a No. 82/2012 s. 151(3)), question or giving information or from producing amended by a document or other thing in accordance with a No. 85/2012 s. 100. witness summons, on the ground that the answer to the question, the information, or the production of the document or other thing, might tend to incriminate the person or make the person liable to a penalty. Authorised by the Chief Parliamentary Counsel 202 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (2) Any answer, information, document or thing that might tend to incriminate the person or make the person liable to a penalty is not admissible in evidence against the person before any court or person acting judicially, except in proceedings for— (a) perjury or giving false information; or (b) an offence against this Act; or (c) an offence against the Victorian Inspectorate Act 2011; or (d) an offence against section 72 or 73 of the S. 144(2)(d) amended by Public Interest Disclosures Act 2012; or No. 2/2019 s. 57(Sch. 1 Pt A item 15). (e) contempt of the IBAC under this Act; or (f) a disciplinary process or action. * * * * * S. 144(3) repealed by No. 67/2014 s. 135. 145 Journalist privilege does not apply S. 145 inserted by No. 52/2012 A person is not, in relation to an examination or s. 19. witness summons, entitled to the privilege provided for in Division 1C of Part 3.10 of the Evidence Act 2008. 146 Procedure for determining claims of privilege or S. 146 inserted by claims of a secrecy requirement No. 28/2012 s. 21 (as (1) This section applies if a person claims at an amended by No. 82/2012 examination, or on production of a document or s. 151(3)). other thing, before the IBAC that— (a) the information which is an answer to a question or otherwise required to be provided is the subject of privilege; or Authorised by the Chief Parliamentary Counsel 203 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (b) the document or other thing is the subject of privilege; or (c) the document or thing cannot be disclosed due to a secrecy requirement of any enactment or other law that applies to the person; or (d) the information which is an answer to a question or otherwise required to be provided cannot be disclosed due to a secrecy requirement of any enactment or other law that applies to the person. (2) A person making a claim to which this section applies must attend before the IBAC in accordance with the witness summons. (3) The IBAC must consider the claim of privilege or application of the secrecy requirement and either— (a) withdraw the requirement to answer the question or provide the information or to produce the document or other thing, as the case requires, over which the claim is made; or (b) not withdraw the requirement and, in the case of a requirement to produce a document or other thing, 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. (4) If the claim relates to a document or other thing, the IBAC must not inspect the document or thing in considering the claim. (5) If the IBAC does not withdraw the requirement to answer the question or provide the information or to produce the document or other thing the IBAC must— Authorised by the Chief Parliamentary Counsel 204 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (a) apply to the Supreme Court in accordance with section 147 for determination of the claim of privilege 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. (6) Subject to section 148, a person must not open a sealed envelope or interfere with a document or thing secured otherwise than in an envelope before delivery to the proper officer of the Supreme Court. 147 Application to Supreme Court to determine S. 147 inserted by privilege or application of secrecy requirement No. 28/2012 s. 21 (as (1) Within the relevant period specified in amended by No. 82/2012 subsection (2), the IBAC may apply to the s. 151(3)). Supreme Court for a determination of— (a) a claim of privilege under this Division; (b) the application of a secrecy requirement under any enactment or other law. (2) An application under subsection (1) must be made— (a) in the case of a document or other thing, 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 146; or (b) within 7 days after the person refused to provide information which is an answer to a question or otherwise required to be provided at an examination on the basis of Authorised by the Chief Parliamentary Counsel 205 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations a claim of privilege or the application of a secrecy requirement under any enactment or other law. (3) If no application is made under subsection (1) in relation to a document or other thing within the period of 7 days, the proper officer of the Supreme Court must return the document or other thing to the claimant. (4) If no application is made under subsection (1) in relation to the provision of information in answer to a question or otherwise required to be provided within the period of 7 days, the requirement to answer the question or provide the information is taken to be withdrawn. (5) The IBAC must give notice of the application to the claimant within a reasonable time before the hearing of the application. (6) Notice under subsection (5) must be in the prescribed form. (7) The claimant is entitled to appear and be heard on the hearing of the application. S. 148 148 Determination of claim inserted by No. 28/2012 s. 21 (as (1) On an application under section 147, the Supreme amended by Court must determine whether or not the No. 82/2012 s. 151(3)). information required in answer to a question asked at the examination or otherwise required to be provided or the document or other thing in the sealed envelope or secured otherwise than in an envelope is the subject of— (a) privilege; or (b) any secrecy requirement under an enactment or other law. (2) If the application is in respect of a document or other thing, for the purposes of making a determination under subsection (1), the Judge Authorised by the Chief Parliamentary Counsel 206 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations constituting the Supreme Court and any other person authorised by the Court may— (a) open the sealed envelope or access the document or other thing secured otherwise than in an envelope; and (b) inspect the document or 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— (a) the Court must order that the document or thing be returned to the claimant; and (b) the proper officer must return the document or thing to the claimant. (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— (a) the Court must order that the document or thing be given to the IBAC; and (b) the proper officer must release the document or thing accordingly. (5) If the Court determines that the information which is an answer to a question or otherwise required to be provided is the subject of privilege or a secrecy requirement under an enactment or other law, the Court must order that the claimant is not required to provide the information to the IBAC in answer to the question or is not otherwise required to provide that information, as the case requires. (6) If the Court determines that the information which is an answer to a question or otherwise required to be provided is not the subject of privilege or a secrecy requirement under an enactment or other law, the Court must order that the claimant provide the information to the IBAC in answer to the question or otherwise provide that information Authorised by the Chief Parliamentary Counsel 207 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations in accordance with the requirement of the IBAC, as the case requires. (7) Subject to subsection (2), a person must not open a sealed envelope or otherwise have access to the document or 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 (b) the document or thing is returned to the claimant. Penalty: 120 penalty units or imprisonment for 12 months or both. (8) Subject to subsection (2), a person must not open or otherwise have access to a document or thing secured otherwise than in an envelope before— (a) the Court determines the claim of privilege or the application of a secrecy requirement to it; or (b) the document or thing is returned to the claimant. Penalty: 120 penalty units or imprisonment for 12 months or both. S. 149 149 Protection of legal practitioners and witnesses inserted by No. 28/2012 s. 21 (as (1) An Australian legal practitioner representing a amended by person at an examination or assisting the IBAC No. 82/2012 s. 151(3)). at an examination has the same protection and immunity as a legal practitioner has in representing a party in a proceeding in the Supreme Court. (2) A person appearing as a witness at an examination has the same protection and immunity as a witness has in a proceeding in the Supreme Court. Authorised by the Chief Parliamentary Counsel 208 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations Division 4—Assistance for witnesses 150 Reimbursement of expenses of certain witnesses S. 150 inserted by A person appearing as a witness in an examination No. 28/2012 who is entitled to a reimbursement of expenses in s. 21 (as amended by accordance with the regulations must be paid an No. 82/2012 amount for any expenses incurred by that s. 151(3)), substituted by appearance as provided in the prescribed scale. No. 30/2016 s. 40. 151 Provision of legal assistance to witnesses S. 151 inserted by No. 28/2012 (1) Subject to subsection (3), a person appearing as a s. 21 (as witness in an examination may apply to the amended by No. 82/2012 prescribed person for legal assistance in s. 151(3)). connection with his or her appearance as a witness. (2) The prescribed person— (a) may approve an application made under subsection (1); and (b) may impose— (i) a limit on the legal assistance to be provided; and (ii) any other condition on the approval. (2A) The prescribed person, by instrument, may S. 151(2A) inserted by delegate to any employee or class of employees No. 30/2016 employed under Part 3 of the Public s. 41. 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. (3) If the IBAC certifies in writing that an application to the prescribed person referred to in subsection (1) would prejudice an investigation, the IBAC must nominate another appropriate Authorised by the Chief Parliamentary Counsel 209 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations person for the purposes of the witness in an examination seeking the provision of legal assistance under this section. (4) If the IBAC nominates a person under subsection (3), for the purposes of this section, a reference to the prescribed person is taken to be a reference to that nominated person. (5) For the purposes of this section, legal assistance means payment to an Australian legal practitioner or a prescribed person or body for legal advice and representation provided to a person appearing as a witness in an examination. Division 5—Contempt S. 152 152 Contempt of the IBAC inserted by No. 28/2012 A person who has been served with a witness s. 21 (as summons by the IBAC is guilty of contempt of the amended by No. 82/2012 IBAC if the person, without reasonable excuse— s. 151(3)). (a) fails to attend an examination by the IBAC as required by the witness summons; or (b) fails to produce any document or other thing the person is required by the witness summons to produce; or (c) when called or examined as a witness at an examination, refuses to be sworn or to make an affirmation; or (d) when called or examined as a witness at an examination, refuses or fails to answer any question relevant to the subject matter of the examination; or (e) engages in threatening or obstructive behaviour before the IBAC; or (f) engages in any other conduct that would, if the IBAC were the Supreme Court, constitute a contempt of that Court. Authorised by the Chief Parliamentary Counsel 210 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations 153 Charging and arresting a person for contempt S. 153 inserted by (1) If it appears to the IBAC that a person is guilty of No. 28/2012 contempt of the IBAC, the IBAC may— s. 21 (as amended by No. 82/2012 (a) issue a certificate of charge— s. 151(3)). (i) charging the person with contempt; and (ii) setting out or attaching details of the alleged contempt; and (b) issue an arrest warrant in the prescribed form to arrest the person. (2) An arrest warrant— (a) may be directed to a named police officer or S. 153(2)(a) substituted by all police officers; and No. 37/2014 s. 10(Sch. item 85.24(a)). (b) authorises the police officer or police S. 153(2)(b) amended by officers to whom it is directed to arrest the No. 37/2014 person named in the warrant. s. 10(Sch. item 85.24(b)). (3) A person who is arrested under an arrest warrant— (a) is to be brought before the Supreme Court without delay to be dealt with according to law; and (b) may be detained in police custody in the meantime. 154 Report to Victorian Inspectorate on issue of arrest S. 154 inserted by warrants No. 28/2012 s. 21 (as Within 3 days after the issue of an arrest warrant amended by No. 82/2012 under this Division, the IBAC must give a written s. 151(3)). report to the Victorian Inspectorate specifying— (a) the name of the person named in the arrest warrant; Authorised by the Chief Parliamentary Counsel 211 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations (b) the reasons why the arrest warrant was issued. S. 155 155 Bail pending court appearance for contempt inserted by No. 28/2012 s. 21 (as (1) If it is not practicable for the person to be brought amended by before the Supreme Court without delay after he No. 82/2012 s. 151(3)), or she is arrested— amended by No. 82/2012 (a) the person for the time being in charge of the s. 19. place where he or she is detained must— (i) advise the person that he or she is entitled to apply to a bail justice for discharge from custody; and (ii) give the person a written statement, in the prescribed form, of his or her right to apply for discharge from custody; and (b) if the person elects to apply for discharge from custody, the person for the time being in charge of the place where he or she is detained must— (i) give written notice to the IBAC of the person's election to apply; and (ii) cause the person to be brought before a bail justice as soon as practicable; and (iii) cause to be produced before the bail justice the arrest warrant and the certificate of charge for the person; and (iv) abide by the decision of the bail justice in relation to the person. (2) When a person is brought before a bail justice under subsection (1), the bail justice may discharge the person from custody on bail in accordance with the Bail Act 1977 as if the person had been accused of an offence. Authorised by the Chief Parliamentary Counsel 212 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations 156 Custody pending court appearance for contempt S. 156 inserted by (1) Subject to section 155, if the IBAC considers on No. 28/2012 reasonable grounds that it is necessary to prevent s. 21 (as amended by a person who is arrested under an arrest warrant No. 82/2012 from escaping from police custody or to ensure s. 151(3)). the safety of the person, the IBAC may direct that the person be detained in a prison or a police gaol for the purpose of ensuring his or her appearance before the Supreme Court. (2) If a person detained in police custody under this Division, other than a person detained in accordance with a direction under subsection (1), is required to be detained overnight, the Chief Commissioner of Police must arrange for the person to be provided with accommodation and meals to a standard comparable to that generally provided to jurors kept together overnight. (3) If a person is detained in a prison in accordance S. 156(3) amended by with a direction under subsection (1), the IBAC No. 37/2014 may give a written direction for the person to be s. 10(Sch. item 85.25). delivered into the custody of a police officer for the purpose of bringing the person before the Supreme Court. 157 Supreme Court to deal with contempt S. 157 inserted by No. 28/2012 (1) A contempt of the IBAC is to be dealt with by the s. 21 (as Supreme Court as if— amended by No. 82/2012 (a) the contempt were a contempt of an inferior s. 151(3)). court; and (b) the certificate of charge were an application to the Supreme Court for punishment for the contempt. (2) A certificate of charge is evidence of the matters set out in or attached to it. Authorised by the Chief Parliamentary Counsel 213 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 6—Examinations S. 158 158 Act or omission constituting both an offence and inserted by contempt No. 28/2012 s. 21 (as If an act or omission by an offender constitutes amended by No. 82/2012 both an offence against this Act and contempt of s. 151(3)). the IBAC, the offender is liable to be proceeded against for the offence against this Act or for contempt of the IBAC or both, but is not liable to be punished more than once for the same act or omission. Authorised by the Chief Parliamentary Counsel 214 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports Part 7—Recommendations, actions Pt 7 (Heading and ss 159– and reports 165) inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)). 159 Recommendations S. 159 inserted by No. 13/2012 (1) The IBAC may at any time make s. 9 (as recommendations in relation to a matter arising amended by No. 82/2012 out of an investigation about any action that the s. 148(3)), IBAC considers should be taken to one or more of amended by No. 85/2012 the following— s. 101. (a) the relevant principal officer; (b) the responsible Minister; (c) the Premier. (2) A recommendation under subsection (1) which is not contained in a report must be made in private. (3) A recommendation under subsection (1), must not contain any information that is likely to lead to the identification of a person who has made an assessable disclosure. (4) However, a recommendation under subsection (1) S. 159(4) amended by may contain information to which section No. 2/2019 53(2)(a), (c) or (d) of the Public Interest s. 57(Sch. 1 Pt A item 16). Disclosures Act 2012 applies. (5) Subject to subsection (6), subsection (2) does not limit the power of the IBAC to make public a recommendation under section 162 or 165 if the IBAC considers there has been a failure to take appropriate action in relation to the recommendation. Authorised by the Chief Parliamentary Counsel 215 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports (6) The IBAC may require a person (other than the Chief Commissioner of Police) who has received a recommendation under subsection (1) to give a report to the IBAC, within a reasonable specified time, stating— (a) whether or not he or she has taken, or intends to take, action recommended by the IBAC; and (b) if the person has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action. (7) The person who has received a recommendation under subsection (1) must comply with a requirement of the IBAC under subsection (6). S. 160 160 The IBAC may request the Chief Commissioner of inserted by No. 13/2012 Police to take certain actions s. 9 (as amended by (1) After receiving a report of the Chief No. 82/2012 s. 148(3)), Commissioner of Police, the IBAC may in writing amended by request the Chief Commissioner of Police to take Nos 28/2012 s. 22, 85/2012 any action that the IBAC considers is s. 102. appropriate— (a) in addition to any action taken or proposed to be taken by the Chief Commissioner of Police; or (b) in substitution for any action taken or proposed to be taken by the Chief Commissioner of Police. S. 160(2) (2) The IBAC may under subsection (1) request the amended by Nos 37/2014 Chief Commissioner of Police to conduct a further s. 10(Sch. investigation under Part 9 of the Victoria Police item 85.26), 2/2019 Act 2013 or, in the case of a public interest s. 57(Sch. 1 complaint, Part 10 of that Act. Pt A item 17). Authorised by the Chief Parliamentary Counsel 216 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports 161 Actions by Chief Commissioner of Police S. 161 inserted by If the IBAC has made a recommendation under No. 13/2012 section 159, or a request under section 160, to the s. 9 (as amended by Chief Commissioner of Police, the Chief No. 82/2012 Commissioner of Police must— s. 148(3)). (a) adopt the recommendation or take the requested action; or (b) if the Chief Commissioner of Police has not adopted the recommendation or taken the requested action, or does not intend to adopt the recommendation or take the requested action, give a report to the IBAC stating the reason for not intending to adopt the recommendation or take the requested action. 162 Special reports S. 162 inserted by No. 13/2012 (1) The IBAC may at any time cause a report to be s. 9 (as transmitted to each House of the Parliament on amended by No. 82/2012 any matter relating to the performance of its duties s. 148(3)), and functions. amended by No. 85/2012 (2) If the IBAC intends to include in a report under s. 103. this section adverse findings about a public body, the IBAC must give the relevant principal officer of that public body an opportunity to respond to the adverse material and fairly set out each element of the response in its report. (3) If the IBAC intends to include in a report under this section a comment or an opinion which is adverse to any person, the IBAC must first provide the person a reasonable opportunity to respond to the adverse material and fairly set out each element of the response in its report. (4) If the IBAC intends to include in a report under this section a comment or an opinion about any person which is not adverse to the person, the IBAC must first provide that person with the Authorised by the Chief Parliamentary Counsel 217 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports relevant material in relation to which the IBAC intends to name that person. (5) If the IBAC is aware of a criminal investigation or any criminal proceedings or other legal proceedings in relation to a matter or person to be included in a report under this section, the IBAC must not include in the report any information which would prejudice the criminal investigation, criminal proceedings or other legal proceedings. (6) The IBAC must not include in a report under this section a statement as to— (a) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit, any criminal offence or disciplinary offence; or (b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence or disciplinary offence. (7) The IBAC must not include in a report under this section any information that would identify any person who is not the subject of any adverse comment or opinion unless the IBAC— (a) is satisfied that it is necessary or desirable to do so in the public interest; and (b) is satisfied that it will not cause unreasonable damage to the person's reputation, safety or wellbeing; and (c) states in the report that the person is not the subject of any adverse comment or opinion. Authorised by the Chief Parliamentary Counsel 218 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports (8) The IBAC must not include in a report under this section any information that— (a) discloses the identity of a person to whom, or in respect of whom, a direction has been given under— (i) Division 1 of Part 9 of this Act; (ii) Part 5 of the Victoria Police Act 2013; S. 162(8)(a)(ii) substituted by or No. 37/2014 s. 10(Sch. item 85.27). (b) is likely to lead to the identification of a person who has made an assessable disclosure. (9) However, the IBAC may in a report under this S. 162(9) amended by section include information to which section No. 2/2019 53(2)(a), (c) or (d) of the Public Interest s. 57(Sch. 1 Pt A item 18). Disclosures Act 2012 applies. (10) The clerk of each House of the Parliament must cause the report to be laid before the House of the Parliament on the day on which it is received or on the next sitting day of that House of the Parliament. (11) If the IBAC proposes to transmit a report to the Parliament on a day on which neither House of the Parliament is actually sitting, the IBAC must— (a) give one business day's notice of intention to do so to the clerk of each House of the Parliament; and (b) give the report to the clerk of each House of the Parliament on the day indicated in the notice; and (c) publish the report on the IBAC's Internet website as soon as practicable after giving it to the clerks. Authorised by the Chief Parliamentary Counsel 219 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports (12) The clerk of each House of the Parliament must— (a) notify each member of the House of the Parliament of the receipt of the notice under subsection (11)(a) on the same day that the clerk receives that notice; and (b) give a copy of the report to each member of the House of the Parliament as soon as practicable after the report is received under subsection (11)(b); and (c) cause the report to be laid before the House of the Parliament on the next sitting day of the House of the Parliament. (13) A report that is given to the clerks under subsection (11)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament. (14) The publication of a report by the IBAC under subsection (11)(c) is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a document to which those sections applied and had been published by the Government Printer under the authority of the Parliament. S. 162A 162A Advance copy of report to the Parliament inserted by No. 2/2019 s. 128. (1) If the IBAC proposes to transmit a report to the Parliament under section 162, the IBAC must give an advance copy of the report to— (a) the Minister; and (b) the Secretary to the Department of Premier and Cabinet. Authorised by the Chief Parliamentary Counsel 220 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports (2) The copy of the report must be given at least one business day before the report is due to be transmitted to the Parliament. (3) The IBAC is not required to give an advance copy of the report under subsection (1) if the IBAC considers that in all the circumstances it would be inappropriate to do so. 163 Advice to a complainant and other persons S. 163 inserted by No. 13/2012 (1) Subject to subsection (4), the IBAC may provide a s. 9 (as complainant with information about the results of amended by No. 82/2012 an investigation including— s. 148(3)), amended by (a) any action taken by the IBAC; and No. 82/2012 s. 20, 85/2012 (b) any recommendation by the IBAC that any s. 104. action or further action be taken. (2) Subject to subsection (4), the IBAC must provide a complainant with the information referred to in subsection (1) if the investigation relates to— (a) a corrupt conduct complaint or police S. 163(2)(a) amended by personnel conduct complaint in relation to a No. 37/2014 police officer or protective services officer; s. 10(Sch. item 85.28(a)). or (b) a public interest complaint. S. 163(2)(b) amended by No. 2/2019 s. 57(Sch. 1 Pt A item 19(a)). (3) Subject to subsections (4) and (5), the IBAC may S. 163(3) amended by provide information about the commencement, No. 30/2016 conduct or results of an investigation, including s. 42(1)(a). any action taken and any recommendation that any action or further action be taken, to one or more of the following— (a) the relevant principal officer or any other S. 163(3)(a) amended by appropriate senior officer; No. 30/2016 s. 42(1)(b). Authorised by the Chief Parliamentary Counsel 221 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports (b) the responsible Minister; (c) the Premier. (4) The IBAC must not provide any information under this section if the IBAC considers that the provision of the information would— (a) not be in the public interest or in the interests of justice; or (b) put a person's safety at risk; or (c) cause unreasonable damage to a person's reputation; or S. 163(4)(d) (d) prejudice an investigation under this Act or amended by No. 37/2014 an investigation by Victoria Police; or s. 10(Sch. item 85.28(b)). (e) be likely to lead to the disclosure of any secret investigative method used by the IBAC or members of police personnel; or (f) otherwise contravene any applicable statutory secrecy obligations or which would involve the unreasonable disclosure of information relating to the personal affairs of any person. (5) The IBAC must not provide any information under subsection (3) that is likely to lead to the identification of a person who has made an assessable disclosure. S. 163(6) (6) However, the IBAC may provide information amended by No. 2/2019 under subsection (3) to which section 53(2)(a), (c) s. 57(Sch. 1 or (d) of the Public Interest Disclosures Pt A item 19(b)). Act 2012 applies. (7) This section does not apply to a police personnel conduct complaint if— Authorised by the Chief Parliamentary Counsel 222 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports (a) the complaint has been investigated as a S. 163(7)(a) public interest complaint under Part 10 of the amended by Nos 37/2014 Victoria Police Act 2013; and s. 10(Sch. item 85.28(c)), 2/2019 s. 57(Sch. 1 Pt A item 19(c)). (b) the IBAC has, in relation to, or in relation to a matter arising out of, an investigation, decided not to— (i) take further action; or (ii) request the Chief Commissioner of Police to take action. (8) Information given to a complainant under subsection (1) or (2) must include a written statement advising the complainant that it is an offence under section 184 to disclose the information. (9) For the purposes of this section, senior officer S. 163(9) inserted by means a person who holds a position or is a No. 30/2016 member of a class of positions that is prescribed s. 42(2). for the purposes of this section. 164 Outcome of investigation S. 164 inserted by No. 13/2012 (1) After conducting an investigation, the IBAC s. 9 (as may— amended by No. 82/2012 (a) make a referral under Division 5 of Part 3; s. 148(3)), amended by (b) make a recommendation in accordance with No. 82/2012 s. 21 (ILA section 159; s. 39B(1)), amended by (c) transmit a special report under section 162; Nos 28/2012 s. 23, 82/2012 (d) advise a complainant or other person in s. 21. accordance with section 163; (e) do any combination or all or none of the matters referred to in paragraphs (a) to (d); Authorised by the Chief Parliamentary Counsel 223 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports (f) determine to make no finding or take no action following the investigation. (2) Without limiting subsection (1), after conducting an investigation, the IBAC may also take any other action that the IBAC is permitted to take under this or any other Act. S. 165 165 Matters to be included in annual report inserted by No. 13/2012 s. 9 (as (1) The IBAC in its annual report for a financial year amended by under Part 7 of the Financial Management No. 82/2012 s. 148(3)), Act 1994 must include— amended by No. 85/2012 (a) the prescribed information relating to the s. 105. performance of its duties and functions; (b) any recommendations for changes to any Act or law in force in Victoria or for specified administrative actions to be taken which the IBAC considers necessary as a result of the performance of its duties and functions; S. 165(1)(c) (c) a description of its activities in relation to the amended by No. 2/2019 performance of its duties and functions; s. 180(1)(a). S. 165(1)(d) (d) an account of the implementation of the inserted by No. 2/2019 annual plan prepared by the IBAC under s. 180(1)(b). section 168. (2) If the IBAC intends to include in its annual report adverse findings about a public body, the IBAC must give the relevant principal officer of that public body an opportunity to respond to the adverse material and fairly set out each element of the response in its report. (3) If the IBAC intends to include in its annual report a comment or an opinion which is adverse to any person, the IBAC must first provide the person a reasonable opportunity to respond to the adverse material and fairly set out each element of the response in its report. Authorised by the Chief Parliamentary Counsel 224 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports (4) If the IBAC intends to include in a report under this section a comment or an opinion about any person which is not adverse to the person, the IBAC must first provide that person with the relevant material in relation to which the IBAC intends to name the person. (5) If the IBAC is aware of a criminal investigation or any criminal proceedings or other legal proceedings in relation to a matter or person to be included in its annual report, the IBAC must not include in the annual report any information which would prejudice the criminal investigation, criminal proceedings or other legal proceedings. (5A) The IBAC must not include in its annual report S. 165(5A) inserted by information concerning its functions under the No. 34/2016 Witness Protection Act 1991 that would— s. 31. (a) prejudice a criminal investigation, criminal proceeding or other legal proceeding of which the IBAC is aware; or (b) compromise the operational activities or methodologies of Victoria Police or of any authority or body referred to in the definition of approved authority in section 3(1) of the Witness Protection Act 1991; or (c) disclose information about the identity or location, or compromise the security, of a person— (i) who is or has been included in the Victorian witness protection program, within the meaning of the Witness Protection Act 1991; or (ii) to whom alternative protection arrangements, within the meaning of the Witness Protection Act 1991, are being or have been provided. Authorised by the Chief Parliamentary Counsel 225 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports (6) The IBAC must not include in its annual report a statement as to— (a) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit, any criminal offence or disciplinary offence; or (b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence or a disciplinary offence. (7) The IBAC must not include in its annual report any information that would identify any person who is not the subject of any adverse comment or opinion unless the IBAC— (a) is satisfied that it is necessary or desirable to do so in the public interest; and (b) is satisfied that it will not cause unreasonable damage to a person's reputation, safety or wellbeing; and (c) states in the report that the person is not the subject of any adverse comment or opinion. (8) The IBAC must not include in its annual report any information that— (a) discloses the identity of a person to whom, or in respect of whom, a direction has been given under— (i) Division 1 of Part 9 of this Act; S. 165(8)(a)(ii) (ii) Part 5 of the Victoria Police Act 2013; substituted by No. 37/2014 or s. 10(Sch. item 85.29). (b) is likely to lead to the identification of a person who has made an assessable disclosure. Authorised by the Chief Parliamentary Counsel 226 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports (9) However, the IBAC may in an annual report S. 165(9) include information to which section 53(2)(a), (c) amended by No. 2/2019 or (d) of the Public Interest Disclosures s. 57(Sch. 1 Act 2012 applies. Pt A item 20). (10) As soon as practicable after the end of each S. 165(10) inserted by financial year, the IBAC must cause the annual No. 2/2019 report for that financial year to be transmitted to s. 180(2). each House of Parliament. Note Note to s. 165 amended by See also section 67 of the Public Interest Disclosures Act 2012 No. 2/2019 for additional matters that are to be included in the IBAC's annual s. 57(Sch. 1 Pt A item 21). report. 166 Persons who receive reports or information prior to S. 166 inserted by publication No. 28/2012 s. 24. (1) Subject to subsections (3), (4) and (5), a person S. 166(1) amended by who receives a proposed report, an advance copy No. 2/2019 of a report under section 162A, or a draft or part s. 129(1). of a proposed report or information contained in a proposed report or draft or part of a proposed report, before the report is published by the IBAC in accordance with section 162 or 165 must not disclose any information contained in the proposed report or draft or part of the proposed report unless— (a) the disclosure is permitted under subsection (2); and (b) the advice required by subsection (6) is given at the same time the disclosure is made. Penalty: 120 penalty units or imprisonment for 12 months or both. (2) For the purposes of subsection (1), a disclosure is permitted if the disclosure— (a) is made in accordance with a direction or authorisation given by the IBAC; or Authorised by the Chief Parliamentary Counsel 227 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports (b) is made by an officer of an entity to other officers of the entity for the purposes of enabling the entity to respond to the proposed report or draft or part of the proposed report; or (c) subject to section 127(2) and (8), is made for the purposes of obtaining legal advice or representation in relation to the proposed report or draft or part of the proposed report; or S. 166(2)(ca) (ca) is made by the Secretary to the Department inserted by No. 2/2019 of Premier and Cabinet to relevant officers s. 129(2). of the Department of Premier and Cabinet for the purpose of enabling the Premier or the responsible Minister to respond to the report; or (d) is otherwise authorised or required to be made by or under this Act. (3) Despite subsection (1), a disclosure is permitted if the disclosure is made for the purposes of making a complaint to the Victorian Inspectorate about the conduct of the IBAC or of an IBAC Officer. (4) Despite subsection (1), a disclosure is permitted if the disclosure is made for the purposes of complying with a witness summons served on a person by the Victorian Inspectorate under the Victorian Inspectorate Act 2011. (5) Despite subsection (1), a disclosure is permitted if the disclosure is made after the information is published by the IBAC in a report or has otherwise been made public in accordance with this Act. Authorised by the Chief Parliamentary Counsel 228 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 7—Recommendations, actions and reports (6) A person who makes a disclosure of information permitted by subsection (2) must advise any person to whom the disclosure is made that this section applies in relation to the subsequent disclosure of that information by the person to whom the disclosure is made. Note Note to s. 166 inserted by Section 185 applies to an offence against this section. No. 30/2016 s. 46(9). Authorised by the Chief Parliamentary Counsel 229 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 8—Budget, annual plan and performance audit Pt 8 (Heading and ss 167– Part 8—Budget, annual plan and 170) inserted by performance audit No. 82/2012 s. 258, amended by No. 37/2014 s. 10(Sch. items 85.30–85.33), repealed by No. 70/2016 s. 48, new Pt 8 (Heading and ss 167–170A) inserted by No. 2/2019 s. 181. New s. 167 167 Budget inserted by No. 2/2019 s. 181. The IBAC's budget for each financial year is to be determined in consultation with the Parliamentary Committee concurrently with the annual plan under section 168. New s. 168 168 Annual plan inserted by No. 2/2019 s. 181. (1) Before the beginning of each financial year, the IBAC must— (a) prepare a draft annual plan describing the IBAC's proposed work program for that financial year; and (b) submit the plan to the Parliamentary Committee for its consideration. (2) After considering the draft annual plan, the Parliamentary Committee— (a) must return the plan to the IBAC; and (b) may provide to the IBAC any comments regarding the plan, including suggestions of changes to be made to the plan. Authorised by the Chief Parliamentary Counsel 230 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 8—Budget, annual plan and performance audit (3) As soon as practicable after the passage of the annual appropriation Acts for a financial year and after considering any comments received from the Parliamentary Committee, the IBAC must finalise the annual plan for that financial year. (4) The IBAC must indicate in the annual plan the nature of any changes suggested by the Parliamentary Committee under subsection (2)(b) that the IBAC has not adopted. (5) Before the beginning of the financial year to which the annual plan relates, the IBAC must— (a) present the annual plan to the Parliamentary Committee; and (b) cause the plan to be transmitted to the Parliament in accordance with section 169. 169 Transmission of annual plan to Parliament New s. 169 inserted by No. 2/2019 (1) The IBAC must cause the annual plan for a s. 181. financial year to be transmitted to each House of Parliament as soon as practicable after it has been prepared. (2) The clerk of each House of Parliament must cause the annual plan to be laid before the House on the day on which it is received or on the next sitting day of the House. (3) If the IBAC proposes to transmit the annual plan to the Parliament at a time when a House of the Parliament is not likely to next sit until after the beginning of the financial year to which the annual plan relates, the IBAC must— (a) give one business day's notice of the IBAC's intention to do so to the clerk of that House of Parliament; and Authorised by the Chief Parliamentary Counsel 231 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 8—Budget, annual plan and performance audit (b) give the annual plan to the clerk of that House of Parliament on the day indicated in the notice; and (c) publish the annual plan on an Internet website maintained by the IBAC on the day after giving it to the clerk. (4) If a clerk of a House of the Parliament is given notice under subsection (3)(a), the clerk must— (a) notify each member of the House of the receipt of the notice on the same day that the clerk receives the notice; and (b) give a copy of the annual plan to each member of the House as soon as practicable after the clerk receives the annual plan; and (c) cause the annual plan to be laid before the House on the next sitting day of the House. (5) An annual plan given to the clerk of a House of the Parliament in accordance with subsection (3) is taken to have been published by order, or under authority, of the House. New s. 170 170 Independent performance audit inserted by No. 2/2019 s. 181. (1) A suitably qualified person may be appointed by resolution of the Legislative Council and Legislative Assembly, on the recommendation of the Parliamentary Committee, as an independent performance auditor of the IBAC other than the following— (a) the Auditor-General; (b) any other VAGO officer, within the meaning of section 3(1) of the Audit Act 1994; (c) a person engaged by the Auditor-General under section 7 of the Audit Act 1994 to assist in the performance of a function under that Act; Authorised by the Chief Parliamentary Counsel 232 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 8—Budget, annual plan and performance audit (d) a person to whom the Auditor-General has delegated a power or function under section 8 of the Audit Act 1994. (2) The independent performance auditor— (a) is appointed on such terms and conditions and is entitled to such remuneration as are determined by the Parliamentary Committee; and (b) in conducting the audit, must comply with directions as to the audit given by the Parliamentary Committee. (3) Remuneration payable under the appointment is paid out of the Consolidated Fund which is to the necessary extent appropriated accordingly. (4) The independent performance auditor must conduct a performance audit at least once every 4 years to determine whether the IBAC is achieving its objectives effectively, economically and efficiently and in compliance with this Act. (5) Subject to any directions given by the Parliamentary Committee, the independent performance auditor may exercise any powers of the Auditor-General under Part 7 of the Audit Act 1994 to the extent necessary to conduct the audit as if a reference in that Part to the Auditor- General includes a reference to the independent performance auditor. (6) The Parliamentary Committee must prepare and finalise a specification for a performance audit before the independent performance auditor may call for any information or rely on any power under Part 7 of the Audit Act 1994 in relation to the audit. Authorised by the Chief Parliamentary Counsel 233 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 8—Budget, annual plan and performance audit (7) Before finalising a specification for a performance audit the Parliamentary Committee must— (a) prepare a draft specification for the performance audit that sets out the objectives of the audit and the particular issues (if any) to be addressed; and (b) consult with the IBAC on the draft specification. (8) If the IBAC does not respond to a request for comment on a draft specification for a performance audit within 15 business days of receiving the request— (a) the IBAC is taken to have no comment on the draft specification; and (b) the independent performance auditor may finalise the specification. (9) The Parliamentary Committee must provide the final specification for a performance audit to the IBAC. (10) The independent performance auditor may apply additional auditing and assurance standards applied by the Auditor-General under section 78(2) of the Audit Act 1994, to the conduct of performance audits of the IBAC. S. 170A 170A Report of independent performance auditor inserted by No. 2/2019 s. 181. (1) The independent performance auditor may make a report of a performance audit conducted under section 170. (2) A report under subsection (1)— (a) may include any information and recommendations the independent performance auditor considers relevant; and (b) must set out the reasons for opinions expressed in the report. Authorised by the Chief Parliamentary Counsel 234 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 8—Budget, annual plan and performance audit (3) The independent performance auditor must not make a report under subsection (1) unless— (a) at least 20 business days before making the report, the independent performance auditor gives the IBAC a copy of the proposed report or a summary of findings and proposed recommendations; and (b) the independent performance auditor asks the IBAC in writing for comment before a specified date, being at least 10 business days after the material referred to in paragraph (a) is given to the IBAC; and (c) the independent performance auditor includes in the report any comments made before the specified date, or a summary of those comments, in a form agreed between the independent performance auditor and the IBAC. (4) The independent performance auditor must, within 7 sitting days of making the report, transmit the report to each House of the Parliament. (5) The independent performance auditor must not include in a report under subsection (1)— (a) 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 (b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence. Authorised by the Chief Parliamentary Counsel 235 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 8—Budget, annual plan and performance audit (6) The independent performance auditor must not include in a report under subsection (1)— (a) any information that the independent performance auditor considers would prejudice any criminal proceedings or criminal investigations, or any investigations by the IBAC; or (b) any information that discloses the identity of a person to whom, or in respect of whom, a direction has been given under— (i) Division 1 of Part 9; or (ii) Part 5 of the Victoria Police Act 2013; or (c) any information that— (i) is likely to lead to the identification of a person who has made an assessable disclosure; and (ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. (7) If the independent performance auditor intends to include in a report under subsection (1) a comment or an opinion that is adverse to any person who is to be named in the report and who is employed under section 35(1) or engaged under section 35(2) or 36, the IBAC must, after receiving a copy of the proposed report or the relevant part of the proposed report, give the person a reasonable opportunity to respond to the IBAC in relation to the adverse material. Authorised by the Chief Parliamentary Counsel 236 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General Part 9—General Pt 9 (Headings and ss 171– Division 1—Alcohol and drug testing of 196) inserted by IBAC Officers No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)). 171 Application of Division S. 171 inserted by No. 13/2012 (1) This Division does not apply to the s. 9 (as Commissioner. amended by No. 82/2012 (2) In this Division, a reference to an IBAC Officer s. 148(3)). does not include a reference to the Commissioner. 172 Alcohol and drug testing of IBAC Officers S. 172 inserted by No. 13/2012 (1) The IBAC may direct an IBAC Officer to test for s. 9 (as the presence of alcohol or a drug of dependence if amended by No. 82/2012 the IBAC reasonably believes that— s. 148(3)). (a) the test result is relevant to the capacity of the IBAC Officer to perform his or her duties or exercise his or her powers; or (b) the IBAC Officer has been involved in a critical incident. (2) A direction under subsection (1) must specify whether the IBAC Officer is required to do one or more of the following— (a) provide a sample of breath; (b) provide a sample of urine; (c) allow a registered medical practitioner or an approved health professional to take from the officer a sample of the officer's blood. (3) A direction under subsection (1) must be— (a) in writing; and (b) made in accordance with the regulations. Authorised by the Chief Parliamentary Counsel 237 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (4) Nothing in this section affects the operation of Part 5 of the Road Safety Act 1986. S. 173 173 The IBAC may have regard to evidence in certain inserted by No. 13/2012 circumstances s. 9 (as amended by The IBAC may have regard to evidence derived No. 82/2012 s. 148(3)), from a sample obtained in accordance with a amended by direction made under this Division in— No. 28/2012 s. 25. (a) managing the performance of the duties or the exercise of the powers of the IBAC Officer; or (b) conducting any disciplinary process or action against the IBAC Officer relating to the performance of the duties or the exercise of the powers of the IBAC Officer as an IBAC Officer under this Act. S. 174 174 Taking a sample when an IBAC Officer is inserted by No. 13/2012 unconscious or otherwise unable to comply with s. 9 (as direction amended by No. 82/2012 s. 148(3)), (1) If an IBAC Officer is unconscious or otherwise amended by unable to comply with a direction and the IBAC No. 28/2012 s. 26. reasonably believes that the IBAC Officer was involved in a critical incident, the IBAC may direct a registered medical practitioner to take from the IBAC Officer a sample of blood to test for the presence of alcohol or a drug of dependence. (2) If a sample of blood is taken under subsection (1), the IBAC must, upon the IBAC Officer regaining consciousness or otherwise becoming able to comply with a direction, advise the IBAC Officer— (a) of the taking of the sample; and (b) that he or she may refuse to consent to the use of any evidence derived from the sample; and Authorised by the Chief Parliamentary Counsel 238 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (c) that a refusal to consent to the use of the evidence may constitute grounds for a disciplinary process or action against the IBAC Officer. (3) A direction under subsection (1) must be— (a) in writing; and (b) made in accordance with the regulations. (4) The IBAC must destroy any evidence derived from a sample of blood taken under subsection (1) if the IBAC Officer refuses to consent to the use of that evidence in the circumstances set out in subsection (2). (5) The IBAC must destroy any sample of blood taken under subsection (1) in respect of which consent is refused. (6) Nothing in this section affects the operation of Part 5 of the Road Safety Act 1986. 175 Admissibility of test result in certain proceedings S. 175 inserted by No. 13/2012 (1) Evidence derived from a sample obtained in s. 9 (as accordance with a direction made under this amended by No. 82/2012 Division is inadmissible in any proceeding in a s. 148(3)), court, tribunal or before a person or body amended by No. 28/2012 authorised to hear and receive evidence. s. 27. (2) Subject to subsection (3), subsection (1) does not apply— (a) in a proceeding under the Accident S. 175(2)(a) amended by Compensation Act 1985 or the Workplace No. 67/2013 Injury Rehabilitation and Compensation s. 649(Sch. 9 item 19(3)). Act 2013 to rebut or support an allegation that the presence of alcohol or a drug of dependence contributed to the injury in respect of which the proceeding was commenced; or Authorised by the Chief Parliamentary Counsel 239 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (b) in a prosecution under the Occupational Health and Safety Act 2004 to rebut or support an allegation that the presence of alcohol or a drug of dependence contributed to the occurrence of the act, matter or thing constituting the offence in respect of which the prosecution is brought; or (c) in a proceeding arising out of, or connected with, a critical incident; or (d) in a proceeding to the extent that the evidence is relevant to the defence of a person, other than the IBAC Officer who provided the sample, to rebut or support an allegation that the presence of alcohol or a drug of dependence affected the performance of the duties or the exercise of the powers of the IBAC Officer as an IBAC Officer; or (e) to any disciplinary process or action against the IBAC Officer relating to the performance of the duties or the exercise of the powers of the IBAC Officer as an IBAC Officer under this Act. (3) Subsection (2) does not apply to evidence derived from a sample obtained in accordance with a direction made under section 174(1) if the IBAC Officer from whom the sample was taken refuses to consent to the use of that evidence in the circumstances set out in section 174(2). (4) In this section, proceeding includes a coronial inquest or inquiry. S. 176 176 Handling and confidentiality of test results inserted by No. 13/2012 s. 9 (as The IBAC must ensure that the result of any test amended by conducted in accordance with a direction given No. 82/2012 s. 148(3)). under this Division is handled in accordance with the regulations. Authorised by the Chief Parliamentary Counsel 240 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General 177 Offence to disclose identifying information S. 177 inserted by A person must not disclose to any person the No. 13/2012 identity of a person to whom or in respect of s. 9 (as amended by whom a direction is given under this Division No. 82/2012 other than as required or authorised by— s. 148(3)). (a) this Act; or (b) the regulations. Penalty: 60 penalty units. 178 No action against registered medical practitioner or S. 178 inserted by approved health professional No. 13/2012 s. 9 (as No action lies against a registered medical amended by No. 82/2012 practitioner or an approved health professional in s. 148(3)). respect of anything properly and necessarily done by the practitioner or health professional in the course of taking any sample which the practitioner or health professional believes on reasonable grounds was required or allowed to be taken from any IBAC Officer under this Division. Division 2—Offences and proceedings 179 Offence to impersonate IBAC Officer S. 179 inserted by A person who is not an IBAC Officer must not, in No. 13/2012 any way, hold himself or herself out to be an s. 9 (as amended by IBAC Officer. No. 82/2012 s. 148(3)). Penalty: 120 penalty units or imprisonment for 12 months or both. Note Note to s. 179 inserted by Section 185 applies to an offence against this section. No. 30/2016 s. 46(10). Authorised by the Chief Parliamentary Counsel 241 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General S. 180 180 Offence to hinder or obstruct an IBAC Officer inserted by No. 13/2012 A person must not, without reasonable excuse, s. 9 (as hinder or obstruct an IBAC Officer who is amended by No. 82/2012 performing a function or exercising a power under s. 148(3)), Part 4 or 6. amended by No. 30/2016 s. 43. Penalty: 120 penalty units or imprisonment for 12 months or both. Note to s. 180 Note inserted by No. 30/2016 Section 185 applies to an offence against this section. s. 46(11). S. 181 181 Compliance with direction or requirement inserted by No. 13/2012 s. 9 (as A person must not, without reasonable excuse, amended by refuse or fail to comply with a direction or No. 82/2012 s. 148(3)). requirement made of the person in the exercise of a power by an IBAC Officer under this Act or the regulations. Penalty: 120 penalty units or imprisonment for 12 months or both. Note to s. 181 Note inserted by No. 30/2016 Section 185 applies to an offence against this section. s. 46(12). S. 182 182 Statement which is false or misleading inserted by No. 13/2012 s. 9 (as A person must not wilfully make a statement that amended by the person knows to be false or misleading in a No. 82/2012 s. 148(3)). material particular or mislead or attempt to mislead the IBAC or an IBAC Officer in the exercise of its, his or her powers under this Act or the regulations. Penalty: 120 penalty units or imprisonment for 12 months or both. Note to s. 182 Note inserted by No. 30/2016 Section 185 applies to an offence against this section. s. 46(13). Authorised by the Chief Parliamentary Counsel 242 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General 183 Disclosure of transferred restricted matter S. 183 inserted by (1) A person must not disclose a transferred restricted No. 82/2012 matter except as permitted by this section. s. 22. Penalty: 120 penalty units or imprisonment for 12 months or both. Note Note to s. 183(1) Section 185 applies to an offence against this subsection. inserted by No. 30/2016 s. 46(14). (2) Unless the IBAC orders otherwise, a transferred restricted matter may be disclosed if that matter has already been disclosed as part of an examination that was open to the public. (3) A transferred restricted matter may be disclosed— (a) in accordance with a direction of the IBAC; or (b) subject to 127(2), to a legal practitioner for the purpose of obtaining legal advice or representation relating to a witness summons or matter; or (c) to a person for the purpose of obtaining legal assistance relating to a witness summons or matter; or (d) to an officer or agent of a body corporate by the body corporate or another officer or agent of the body corporate for the purpose of ensuring compliance with a witness summons; or (e) to the Ombudsman in connection with a complaint to the Ombudsman that relates to a function of the Ombudsman under section 13 or 13AA of the Ombudsman Act 1973; or (f) to the Victorian Inspectorate for the purpose of, or in connection with, a complaint to the Victorian Inspectorate; or Authorised by the Chief Parliamentary Counsel 243 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (g) by a legal practitioner for the purpose of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with a client; or (h) by a legal practitioner referred to in paragraph (b) for the purpose of giving legal advice, making representations, or obtaining legal aid, relating to the witness summons or matter; or (i) by a person referred to in paragraph (c) for the purpose of obtaining legal aid relating to a witness summons or matter; or (j) if that disclosure is otherwise authorised or required under this Act. (4) This section does not apply to an IBAC Officer. (5) Nothing in this section prevents the IBAC from issuing a confidentiality notice in relation to a transferred restricted matter. (6) In this section— Director means the Director, Police Integrity under section 7 of the Police Integrity Act 2008 as in force immediately before its repeal; transferred restricted matter means any of the following which, immediately before the repeal of the Police Integrity Act 2008, was a restricted matter within the meaning of section 23 of that Act as in force immediately before its repeal and which, by virtue of the Schedule, has become subject to this Act— (a) any evidence given before the Director; Authorised by the Chief Parliamentary Counsel 244 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (b) the contents of any statement of information or document, or a description of any thing, produced to the Director; (c) the contents of any document, or a description of any thing, seized under the Police Integrity Act 2008; (d) any information that might enable a person who has been, or is about to be, examined before the Director to be identified or located; (e) the fact that a person had been, or was about to be, examined before the Director; (f) the existence of a witness summons under the Police Integrity Act 2008; (g) the subject matter of an investigation under the Police Integrity Act 2008 in relation to which a witness summons under that Act had been issued. 184 Offence to disclose certain information received S. 184 inserted by from the IBAC No. 82/2012 s. 22. (1) A person who made a complaint who is notified S. 184(1) amended by by the IBAC under section 59(1) or (2), other than No. 30/2016 a person notified that the IBAC has dismissed the s. 46(15), substituted by complaint under section 58(a), must not disclose No. 2/2019 the content of the notification except in the s. 130. circumstances specified in subsection (5). Penalty: 60 penalty units or 6 months imprisonment or both. Note Section 185 applies to an offence against this subsection. Authorised by the Chief Parliamentary Counsel 245 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (2) A complainant who receives information under section 163(1) or (2) must not disclose that information except in the circumstances specified in subsection (5). Penalty: 60 penalty units or 6 months imprisonment or both. Note to Note s. 184(2) inserted by Section 185 applies to an offence against this subsection. No. 30/2016 s. 46(16). (3) A person who receives information referred to in subsection (1) or (2) in any circumstance specified in subsection (5) must not disclose that information except in the circumstances specified in subsection (5). Penalty: 60 penalty units or 6 months imprisonment or both. Note to Note s. 184(3) inserted by Section 185 applies to an offence against this subsection. No. 30/2016 s. 46(17). (4) A person other than a person referred to in subsection (3) who receives information referred to in subsection (1), (2) or (3) from a person referred to in those subsections must not disclose that information except in the circumstances specified in subsection (5). Penalty: 60 penalty units or 6 months imprisonment or both. Note to Note s. 184(4) inserted by Section 185 applies to an offence against this subsection. No. 30/2016 s. 46(18). Authorised by the Chief Parliamentary Counsel 246 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (5) For the purposes of this section, the specified circumstances are— (a) disclosure to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons, a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 42 or to comply with this section, including if the person— (i) does not have a sufficient knowledge of the English language to understand the nature of the witness summons, a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 42 or this section, to an interpreter; (ii) is a person under the age of 18 years, to a parent, guardian or independent person; (iii) is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, a confidentiality notice, a notice cancelling a confidentiality notice, an order extending a confidentiality notice under section 42 or this section without assistance, to an independent person; (b) disclosure for the purposes of obtaining legal advice or representation in relation to— (i) a witness summons, a confidentiality notice, a notice cancelling a confidentiality notice, an order extending a confidentiality notice Authorised by the Chief Parliamentary Counsel 247 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General under section 42 or compliance with this section; S. 184(5)(b)(ii) (ii) the person's rights, liabilities, amended by No. 2/2019 obligations and privileges under this s. 57(Sch. 1 Act or the Public Interest Disclosures Pt A item 22). Act 2012; (c) disclosure by an Australian legal practitioner who receives a disclosure in the circumstances specified in paragraph (b), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with his or her client; (d) disclosure for the purposes of making a complaint to the Victorian Inspectorate; (e) disclosure for the purposes of complying with a witness summons served on a person by the Victorian Inspectorate under the Victorian Inspectorate Act 2011; (f) disclosure of information that has been published by the IBAC in a report or has otherwise been made public in accordance with this Act; (g) disclosure to a person's spouse or domestic partner; (h) disclosure to a person's employer or manager or both; (i) disclosure as is otherwise authorised or required to be made by or under this Act. Authorised by the Chief Parliamentary Counsel 248 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General 185 Criminal liability of officers of bodies corporate— S. 185 accessorial liability inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)), substituted by No. 30/2016 s. 44. (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— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 44(1); (b) section 44(6); (c) section 44(7); (d) section 54(7); (e) section 59O(1); (f) section 129A(7); (g) section 135(1); (h) section 135(2); (i) section 136; (j) section 137; (k) section 166; (l) section 179; Authorised by the Chief Parliamentary Counsel 249 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (m) section 180; (n) section 181; (o) section 182; (p) section 183(1); (q) section 184(1); (r) section 184(2); (s) section 184(3); (t) section 184(4). (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. (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. (5) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; officer in relation to a body corporate means— (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. Authorised by the Chief Parliamentary Counsel 250 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958. 186 Maximum fine for body corporate S. 186 inserted by No. 13/2012 (1) If a body corporate is found guilty of an offence s. 9 (as against this Act or the regulations and the court amended by No. 82/2012 has power to fine the body corporate, it may, s. 148(3)). unless the contrary intention appears, impose on the body corporate a fine not greater than 5 times the amount of the maximum fine that could be imposed by the court on a natural person found guilty of the same offence committed at the same time. (2) This section has effect despite— (a) anything to the contrary in the Sentencing Act 1991; and (b) the prescription of a maximum fine for the offence applicable to all offenders. 187 Responsible agency for the Crown S. 187 inserted by No. 13/2012 (1) If proceedings are brought against the Crown for s. 9 (as an offence against this Act or the regulations, the amended by No. 82/2012 responsible agency in respect of the offence may s. 148(3)). be specified in any document initiating, or relating to, the proceedings. (2) In this section, the responsible agency in respect of an offence is the agency of the Crown— (a) whose acts or omissions are alleged to constitute the offence; or (b) if that agency has ceased to exist, that is the successor of that agency; or (c) if that agency has ceased to exist and there is no clear successor, that the court declares to be the responsible agency. Authorised by the Chief Parliamentary Counsel 251 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (3) The responsible agency in respect of an offence is entitled to act in proceedings against the Crown for the offence and, subject to any relevant rules of court, the procedural rights and obligations of the Crown as the accused in the proceedings are conferred or imposed on the responsible agency. (4) The person prosecuting the offence may change the responsible agency during the proceedings with the leave of the court. S. 188 188 Proceedings against successors to public bodies inserted by No. 13/2012 s. 9 (as Proceedings for an offence against this Act or the amended by regulations that were commenced against a public No. 82/2012 s. 148(3)). body before its dissolution, or that could have been commenced against a public body if not for its dissolution, may be continued or commenced against its successor if the successor is a public body. S. 189 189 Power to bring proceedings inserted by No. 13/2012 s. 9 (as (1) Proceedings for an offence under this Act or the amended by regulations may be brought by— No. 82/2012 s. 148(3)), (a) the IBAC; amended by No. 30/2016 (b) a sworn IBAC Officer who is authorised by s. 47 (ILA s. 39B(1)). the Commissioner; S. 189(1)(c) (c) a police officer who is authorised by the amended by No. 37/2014 Commissioner. s. 10(Sch. item 85.34). S. 189(2) (2) The Commissioner may authorise a sworn IBAC inserted by No. 30/2016 officer or a police officer to bring proceedings for s. 47. an offence under this Act or the regulations. Authorised by the Chief Parliamentary Counsel 252 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General 190 Power for the IBAC to bring criminal proceedings S. 190 inserted by (1) Proceedings for an offence in relation to any No. 28/2012 matter arising out of an IBAC investigation may s. 28, amended by be brought by— No. 30/2016 s. 48 (ILA (a) the IBAC; s. 39B(1)). (b) a sworn IBAC Officer who is authorised by the Commissioner; (c) a police officer. S. 190(1)(c) amended by No. 37/2014 s. 10(Sch. item 85.34). (2) The Commissioner may authorise a sworn IBAC S. 190(2) inserted by officer to bring proceedings for an offence in No. 30/2016 relation to any matter arising out of an IBAC s. 48. investigation. 191 Service of document S. 191 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)). (1) Without limiting sections 42, 59I, 124 and 125, S. 191(1) substituted by any document under this Act or the regulations No. 11/2021 required or authorised to be given to or served on s. 136. any person (other than a body corporate) may be served on the person by— (a) giving it or serving it personally on the person; or (b) sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or Authorised by the Chief Parliamentary Counsel 253 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (c) delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or (d) sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or (e) leaving it at that person's usual or last known place of residence with a person on the premises who is apparently not less than 16 years old; or (f) leaving it at that person's usual or last known place of business with a person who is apparently employed at the premises and who is apparently not less than 16 years of age. (g) leaving a copy of the document for that person— (i) at the place of business of the person's authorised legal representative; and (ii) with a person who apparently works there and who is apparently not less than 16 years of age; or (h) delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or (i) delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative. Authorised by the Chief Parliamentary Counsel 254 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (2) Without limiting sections 42, 59I, 124 and 125, S. 191(2) any document under this Act or the regulations substituted by No. 11/2021 required or authorised to be given to or served on s. 136. a body corporate may be served by— (a) giving it or serving it on the body corporate at the head office, registered office or principal office of the body corporate; or (b) leaving a copy of the document at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently not less than 16 years of age; or (c) sending by registered post a copy of the document addressed to that body corporate at the registered office or principal place of business of the body corporate; or (d) delivering a copy of the document to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate. (2A) For the purposes of subsection (1), a person may S. 191(2A) inserted by deliver a confidentiality notice or witness No. 11/2021 summons to another person personally by placing s. 136. a copy of the document on a surface in the presence of that other person. (2B) For the purposes of subsections (1)(c) and (i) and S. 191(2B) inserted by (2)(d), the receipt of a document may be No. 11/2021 confirmed by any form of electronic s. 136. communication. (3) This section is in addition to, and not in derogation from, sections 109X and 601CX of the Corporations Act. Authorised by the Chief Parliamentary Counsel 255 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General S. 192 192 Validity and effect of notices, orders and other inserted by documents and deemed service No. 13/2012 s. 9 (as (1) The validity of any notice, order or other amended by No. 82/2012 document given or made under this Act, other s. 148(3)), than Divisions 2 and 3 of Part 2 and Part 6, or of amended by No. 28/2012 the service of the notice, order or other document s. 29. is not affected by any error, misdescription or irregularity which in the opinion of a court is not likely to mislead or which in fact does not mislead. (2) If due service of a notice, order or other document required under this Act or the regulations to be given or served on any owner or occupier has been once made on any owner or occupier, the notice, order or other document is binding on all persons claiming by, from or under that owner or occupier and on all subsequent owners or occupiers to the same extent as if served on each of those persons respectively. Division 3—Miscellaneous S. 193 193 Immunity of the IBAC and IBAC Officers inserted by No. 28/2012 (1) The IBAC or an IBAC Officer is not personally s. 30. liable for anything necessarily or reasonably done or omitted to be done in good faith— (a) in the performance of a duty or a function or the exercise of a power under this Act or the regulations made under this Act; or (b) in the reasonable belief that the act or omission was in the performance of a duty or a function or the exercise of a power under this Act or the regulations made under this Act. Authorised by the Chief Parliamentary Counsel 256 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (2) Any liability resulting from an act or omission that would, but for subsection (1), attach to the IBAC or an IBAC Officer attaches instead to the State. 194 Exemption from Freedom of Information Act 1982 S. 194 inserted by No. 13/2012 (1) The Freedom of Information Act 1982 does s. 9 (as not apply to a document that is in the possession amended by No. 82/2012 of any person or body to the extent to which the s. 148(3)), document discloses information that relates to— amended by No. 82/2012 (a) a recommendation made by the IBAC under s. 23, substituted by this Act; or No. 20/2017 s. 129. (b) an investigation conducted under this Act; or (c) a report, including a draft report, on an investigation conducted under this Act. (2) The Freedom of Information Act 1982 does not apply to a document that is in the possession of the IBAC to the extent to which the document discloses information that relates to— (a) a complaint; or (b) information received by the IBAC under section 56; or (c) a notification made to the IBAC under a mandatory notification provision; or (d) a preliminary inquiry. (3) In this section, document has the same meaning as it has in the Freedom of Information Act 1982. 194A Act applies equally to attendance in person or by S. 194A inserted by audio or audio visual link No. 11/2021 s. 137. (1) For the avoidance of doubt, except as otherwise provided in Part 3 or Part 6, a provision of this Act that applies in relation to the attendance of a person or any rights of a person or obligations Authorised by the Chief Parliamentary Counsel 257 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General imposed under Part 3 or Part 6 as a consequence of that attendance— (a) required under a witness summons; or (b) as legal representation at an examination; or (c) in accordance with section 129— applies in relation to attendance by audio visual link or audio link in the same way that it applies in relation to attendance in person. (2) For the avoidance of doubt, except as otherwise provided by Part 3 or Part 6, a provision of this Act that applies in relation to the production of documents under a witness summons applies in relation to production of documents by secure electronic means in the same way that it applies in relation to production of documents in person. S. 195 195 Regulations inserted by No. 13/2012 s. 9 (as (1) The Governor in Council may make regulations amended by for or with respect to any matter or thing required No. 82/2012 s. 148(3)). or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; (b) may differ according to differences in time, place or circumstance; (c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or class of persons; (d) may provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether Authorised by the Chief Parliamentary Counsel 258 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General unconditionally or on specified conditions and either wholly or to the extent specified; (e) may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons; (f) may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed (whether under this or any other Act) or published by any person— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed (whether under this or any other Act) or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed (whether under this or any other Act) or published from time to time; (g) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations. (3) Any regulations made under sections 36 and 37 of this Act as in force before the commencement of section 9 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 which are in operation immediately before that commencement are deemed to have been made under this Act as amended by that section 9. Authorised by the Chief Parliamentary Counsel 259 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General S. 196 196 Regulations—specific matters inserted by No. 13/2012 Without limiting the generality of section 195, the s. 9 (as regulations may prescribe— amended by No. 82/2012 s. 148(3)), (a) a body or entity to be a public body; amended by No. 28/2012 (b) an office to be a public office; s. 31. (c) a person or body for the purposes of the definition of integrity body in section 3; (d) a person or body for the purposes of the definition of law enforcement agency in section 3; (e) a person or body for the purposes of the definition of prosecutorial body in section 3; (f) the content and form of a confidentiality notice; S. 196(fa) (fa) a person or body for the purposes of the inserted by No. 30/2016 definition of senior officer in section 41(5); s. 45(a). (g) a person or body for the purposes of section 73(2)(j); (h) the content and form of a witness summons; (i) matters which constitute proof of age for the purposes of section 123(2); (j) content and form of a direction under section 127; (k) for the purpose of section 130(1)(e), actions which the IBAC is to take before questioning a witness at an examination or requiring a witness to produce a document or other thing; (l) scales of expenses payable to witnesses for the purposes of section 150; Authorised by the Chief Parliamentary Counsel 260 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (m) for the purposes of section 151, persons who can approve legal assistance; (n) a person or body for the purposes of section 151(5); (na) a person or body for the purposes of the S. 196(na) inserted by definition of senior officer in section 163(9); No. 30/2016 s. 45(b). (o) security checks for IBAC Officers; (p) requirements relating to the issue of identity cards to IBAC Officers and the use of the identity cards; (q) requirements for the disclosure and reporting of pecuniary interests by IBAC Officers, including providing for the manner of disclosure (whether by statutory declaration or otherwise) and the compilation, maintenance and publication of registers of pecuniary interests; (r) the information to be included by the IBAC in its annual report; (s) an appropriate course of training in the use of defensive equipment; (t) an appropriate course of training in the use of firearms; (u) the persons authorised to analyse samples for the purpose of detecting the presence of alcohol or drugs of dependence; (v) the circumstances in which a breath sample, a urine sample or a blood sample may be taken; (w) the procedure for the taking of samples of breath, urine or blood; Authorised by the Chief Parliamentary Counsel 261 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 9—General (x) the devices used in carrying out the breath tests, breath analyses and other tests, including the calibration, inspection and testing of those devices; (y) the requirements relating to the accreditation of persons conducting analyses for the presence of drugs of dependence; (z) the procedure for the handling and analysis of samples of urine or blood; (za) offences relating to interference with test results or the testing procedure; (zb) the requirements in relation to the handling and confidentiality of test results; (zc) the form of notice for the purposes of section 100(4); (zd) forms for the purposes of this Act. S. 197 * * * * * inserted by No. 82/2012 s. 24, repealed by No. 66/2011 s. 197(4). S. 198 198 Schedule inserted by No. 82/2012 s. 24. The Schedule has effect. Authorised by the Chief Parliamentary Counsel 262 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 10—Transitional provisions Part 10—Transitional provisions Pt 10 (Heading and s. 199) inserted by No. 22/2020 s. 7H. 199 Transitional provision—Justice Legislation S. 199 inserted by Miscellaneous Amendments Act 2020 No. 22/2020 s. 7H. (1) The amendments made to this Act by the Justice Legislation Miscellaneous Amendments Act 2020 apply to an investigation under section 60 of this Act on or after the commencement of the Justice Legislation Miscellaneous Amendments Act 2020 regardless of whether the investigation commenced prior to that commencement. (2) The IBAC may apply for an arrest warrant to be issued under section 141B(2) or 141C(2) in respect of a witness summons issued under section 120(1) prior to that commencement for the purposes of the investigation. 200 Regulations dealing with transitional matters— S. 200 inserted by Justice Legislation Amendment (System No. 11/2021 Enhancements and Other Matters) Act 2021 s. 139. (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the amendment of this Act by the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, including the repeals and amendments made by that Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or from the date that the Justice Legislation Amendment (System Enhancements and Authorised by the Chief Parliamentary Counsel 263 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Part 10—Transitional provisions Other Matters) Act 2021 receives the Royal Assent; (b) be of limited or general application; (c) differ according to differences in time, place or circumstances; (d) leave any matter or thing to be decided by a specified person or specified class of persons; (e) provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section. (3) Regulations made under this section have effect despite anything to the contrary— (a) in any Act (other than the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. (4) This section is repealed on the second anniversary of the day on which it comes into operation. Authorised by the Chief Parliamentary Counsel 264 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule Schedule Sch. inserted by No. 82/2012 Savings and transitional provisions s. 25. 1 Definitions In this Schedule— commencement day means the day on which section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 comes into operation; Director means the Director, Police Integrity under section 7 of the PIA as in force immediately before its repeal; OPI means the Office of Police Integrity continued by section 5 of the PIA as in force immediately before its repeal; PIA means the Police Integrity Act 2008 as in force immediately before its repeal; property means any legal or equitable estate or interest (whether present or future or whether vested or contingent) in real or personal property of any description; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective. 2 General transitional provisions (1) Unless the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984. (2) If a repealed provision of the PIA continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision— Authorised by the Chief Parliamentary Counsel 265 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule (a) any other repealed provisions of the PIA necessary to give effect to that continued provision; and (b) any regulations made under the PIA for the purposes of that continued provision. 3 Office of Police Integrity and office of Director abolished (1) On the commencement day, the Office of Police Integrity is abolished. (2) On the commencement day, the office of Director is abolished and the Director goes out of office. 4 IBAC succeeds Office of Police Integrity On the commencement day— (a) all rights, property and assets that, immediately before the commencement day, were vested in the OPI or the Director are, by force of this clause, vested in the IBAC; (b) all debts, liabilities and obligations of the OPI or the Director existing immediately before that day become, by force of this clause, debts, liabilities and obligations of the IBAC; (c) the IBAC is, by force of this clause, substituted as a party to any proceeding pending in any court or tribunal to which the OPI or the Director was a party immediately before that day; (d) the IBAC is, by force of this clause, substituted as a party to any arrangement or contract entered into by or on behalf of the OPI, or by or on behalf of the Director, as a party and in force immediately before that day; Authorised by the Chief Parliamentary Counsel 266 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule (e) any reference to the OPI in any Act (other than this Act), subordinate instrument, agreement, deed or other document must be construed as a reference to the IBAC— (i) so far as it relates to any period on or after that day; and (ii) if not inconsistent with the context or subject matter. 5 Superseded references to Director A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to the Director must be construed as a reference to the IBAC or the Commissioner (as the case requires)— (a) so far as the reference relates to any period on or after the commencement day; and (b) if not inconsistent with the subject matter. 6 Transfer of records, information and documents All information, documents, reports, records and equipment in the possession or control of the OPI immediately before the commencement day, whether held under the PIA, any other Act or otherwise (including any information, document or other thing seized or otherwise obtained under a warrant)— (a) are transferred to the custody of the IBAC on the commencement day; and (b) are taken to be information, documents, reports, records and equipment in the possession or control of the IBAC on and from that commencement day. Authorised by the Chief Parliamentary Counsel 267 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule 7 Transferred protected information If anything referred to in clause 4, 6, 10(2) or 11(2) is protected information within the meaning of section 30D of the Surveillance Devices Act 1999, on and from the commencement day— (a) the IBAC may only use that protected information in accordance with section 30F of that Act for the IBAC's corrupt conduct investigative functions or its police personnel conduct investigative functions; and (b) the IBAC must not disclose or communicate that protected information to any person or body for any other purpose. 8 Confidentiality (1) A reference in section 38 of this Act— (a) to a person employed or engaged under section 35 or engaged under section 36 includes a reference to a person who was a member of OPI personnel immediately before the commencement day and who is, on and from the commencement day, an IBAC Officer; and (b) to the administration of this Act or the performance of duties and functions or the exercise of powers by the IBAC includes a reference to— (i) the administration of the PIA; or (ii) the performance of duties and functions or the exercise of powers by the OPI or the Director under the PIA. Authorised by the Chief Parliamentary Counsel 268 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule (2) A reference in section 40 of this Act— (a) to an IBAC Officer includes a reference to a person who was a member of OPI personnel immediately before the commencement day and who is, on and from the commencement day, an IBAC Officer; and (b) to information acquired in the course of, or as a result of, the performance of duties and functions or the exercise of powers of the IBAC under this Act includes a reference to— (i) information obtained or received by the person referred to in paragraph (a) before the commencement day in the course of, or as a result of, the performance of duties and functions or the exercise of powers of the OPI or the Director under the PIA; or (ii) a restricted matter within the meaning of section 23 of the PIA as in force immediately before the commencement day. 9 Annual reports and other reports (1) If, before the commencement day, the Director had not prepared any report required by section 28(1) of the PIA or under Part 7 of the Financial Management Act 1994 for the financial year ending before the commencement day, the IBAC must prepare that report. (2) If, before the commencement day, the Director has prepared any report required by section 28(1) of the PIA or under Part 7 of the Financial Management Act 1994 but that report has not been transmitted to each House of the Parliament under section 29 of the PIA or under the Financial Management Act 1994, the IBAC Authorised by the Chief Parliamentary Counsel 269 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule must transmit that report to each House of the Parliament in accordance with the applicable requirements of section 29 of the PIA or the Financial Management Act 1994, as the case requires. (3) For the purposes of subclause (1)— (a) if the report relates to a whole financial year completed before the repeal of the PIA, the IBAC may prepare a report referred to in those provisions as a separate report and transmit the report to each House of the Parliament in accordance with section 29 of the PIA as in force immediately before its repeal or the Financial Management Act 1994, as the case requires; or (b) if the report relates to a partial financial year completed before the repeal of the PIA, the IBAC may prepare a report referred to in those provisions as part of its own annual report under section 165. (4) If, before the commencement day, the Director has prepared a report under section 28(2) of the PIA but that report has not been transmitted to each House of the Parliament under section 29 of the PIA before its repeal, the IBAC may transmit that report to each House of the Parliament in accordance with section 162(1) as if it were a special report under that section and for that purpose, the IBAC may include in a special report any matter arising in connection with the Director's functions under the PIA as in force immediately before its repeal. (5) If, before the commencement day, the Director has commenced preparing but has not completed a report under section 28(2) of the PIA before its repeal, the IBAC may complete that report and transmit it to each House of the Parliament in Authorised by the Chief Parliamentary Counsel 270 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule accordance with section 162(1) as if it were a special report under that section and for that purpose, the IBAC may include in a special report any matter arising in connection with the Director's functions under the PIA as in force immediately before its repeal. (6) If, before the commencement day, the Director has completed an investigation under the PIA but has not given a report under section 50 of the PIA before the commencement day, on and from the commencement day, the IBAC may make a recommendation under section 159 of this Act in relation to that investigation completed by the Director and section 159 applies as if the investigation completed by the Director had been an investigation by the IBAC under this Act. 10 Complaints (1) If, before the commencement day, the Director had received a complaint under section 86L of the Police Regulation Act 1958 and— (a) had not commenced an investigation into the complaint under Division 2 of Part 3 of the PIA; or (b) had commenced but not completed an investigation under Division 2 of Part 3 of the PIA— the IBAC may investigate or complete the investigation of that complaint on and from the commencement day in accordance with this Act as if it were a complaint made in accordance with section 52 of this Act. (2) In an investigation referred to in subclause (1), the IBAC may use or rely upon any evidence given or document or other thing produced to or obtained by the Director or the OPI in relation to that Authorised by the Chief Parliamentary Counsel 271 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule investigation under Part 3 or 4 of the PIA or under any other Act. (3) If, before the commencement day, the Director had completed an investigation under the PIA into the complaint but had not advised the complainant of the outcome of the complaint, section 163 applies to the complaint as if the complaint were made under this Act. 11 Own motion investigations (1) An investigation initiated by the Director under section 44 of the PIA before the commencement day that had not been completed before the commencement day may be continued and completed by the IBAC, on and from the commencement day, under this Act as if it were an investigation conducted under section 64(1)(c) of this Act. (2) In an investigation referred to in subclause (1), the IBAC may use and rely upon any evidence given or document or other thing produced to the Director or the OPI in relation to that investigation under Part 3 or 4 of the PIA or any other Act. (3) The IBAC may undertake any investigation that could have been undertaken under section 48 of the PIA as if it were an own motion investigation. 12 Chief Commissioner of Police to respond to the IBAC A request made before the commencement day by the Director under Part 3 of the PIA for the Chief Commissioner of Police to take any action, or to conduct a further investigation, to which the Chief Commissioner of Police had not (in accordance with section 49 of the PIA) provided a written response before the commencement day, is taken, on and from that day, to be a request made under section 160 of this Act. Authorised by the Chief Parliamentary Counsel 272 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule 13 Direction to require answers etc. of police A direction given to a person under section 47 of the PIA for the purposes of an investigation under the PIA that was in force immediately before the commencement day is taken, on and from the commencement day, to be a direction given to the person under section 84 of this Act for the purposes of an investigation under Part 3. 14 Witness summonses and related matters (1) A witness summons issued under section 53 of the PIA (other than a summons issued to a person who is 16 years of age or older but who is less than 18 years of age) that was in force immediately before the commencement day continues in force, on and from the commencement day, as if— (a) Division 2 of Part 4 of the PIA had not been repealed; and (b) a reference in that Division to the Director were a reference to the IBAC. (2) For the purposes of subclause (1), Part 4 of the PIA (other than section 68 and Divisions 6, 7, 8 or 9) continues to apply, despite its repeal— (a) to that witness summons; and (b) in relation to the person to whom that witness summons is directed; and (c) as if any reference to— (i) the Director were a reference to the IBAC; and (ii) to the Special Investigations Monitor were reference to the Victorian Inspectorate; and (iii) a member of staff of the OPI were a reference to an IBAC Officer. Authorised by the Chief Parliamentary Counsel 273 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule (3) A witness summons issued under section 53 of the PIA to a person who is 16 years of age or older but who is less than 18 years of age that was in force immediately before the commencement day ceases to have any force or effect on and from the commencement day. (4) On and from the commencement day, a person to whom a witness summons referred to in subclause (1) has been issued may be dealt with under section 135, 136, 137 or 138, Division 2 of Part 6 or Division 5 of Part 6 of this Act, as the case requires, as if the person had been issued with a witness summons under this Act. 15 Examinations (1) If, immediately before the commencement day, a person was attending an examination under Division 3 of Part 4 of the PIA and had not been excused from attendance, on and from the commencement day— (a) Part 4 of the PIA (other than section 68 and Divisions 6, 7, 8 or 9) continues to apply to that examination despite its repeal; and (b) that Part applies as if a reference in that Part to— (i) the Director were a reference to the IBAC; and (ii) the Special Investigations Monitor were a reference to the Victorian Inspectorate; and (iii) a member of staff of the OPI were a reference to an IBAC Officer. Authorised by the Chief Parliamentary Counsel 274 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule (2) On and from the commencement day, sections 135, 136, 137 and 138, Division 2 of Part 6 and Division 5 of Part 6 of this Act apply to a person referred to in subclause (1) as if that person had been summoned to attend an examination under Part 6. 16 Legal assistance for witnesses (1) A person to whom legal assistance has been granted under section 76 of the PIA immediately before its repeal is entitled to continue to receive that assistance. (2) An application under section 76 of the PIA before the commencement day that had not been determined before the commencement day may be determined under section 151 of this Act as if it were an application under section 151 of this Act. (3) An approval given under section 76 of the PIA before the commencement day in connection with an appearance that had not commenced, or that had commenced but had not concluded, before the commencement day, is taken, on and after the commencement day, to be an approval given under section 151. (4) A person to whom a witness summons under Part 4 of the PIA has been issued immediately before the repeal of that Act who has not applied for legal assistance under section 76 of the PIA before that repeal may apply, on and after the commencement day for legal assistance in accordance with section 151 as if the person had been issued with a witness summons under this Act. Authorised by the Chief Parliamentary Counsel 275 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule 17 Witness already held in custody If, immediately before the commencement day, a direction given under section 57(2) of the PIA in respect of a person who is held in a prison or police gaol was in force, on and after the commencement day— (a) section 57 of the PIA continues to apply in respect of that direction despite its repeal; and (b) that section applies as if any reference in that section to the Director were a reference to the IBAC. 18 Confidentiality notices If a confidentiality notice issued under section 58 of the PIA is in force immediately before the commencement day, on and from the commencement day— (a) that notice continues in force as if Division 2 of Part 4 of the PIA had not been repealed; and (b) Division 2 of Part 4 of the PIA continues to apply in respect of that confidentiality notice despite its repeal; and (c) Division 2 of Part 4 of the PIA applies as if any reference in that Part to— (i) the Director were a reference to the IBAC; and (ii) the Special Investigations Monitor were a reference to the Victorian Inspectorate. 19 Legal professional privilege If a claim of privilege under section 71 of the PIA that was made before the commencement day had not been determined before the commencement Authorised by the Chief Parliamentary Counsel 276 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule day, the claim is to be determined, on and from the commencement day, in accordance with sections 71 to 73 of the PIA— (a) as if those sections had not been repealed; and (b) as if a reference in those sections to the Director were a reference to the IBAC. 20 Arrest of recalcitrant witness (1) If, before the commencement day— (a) the Director applied to a magistrate under section 84(1) of the PIA for a warrant to arrest a person; and (b) the magistrate had not determined the application— the application is to be determined, on and from the commencement day, under Division 7 of Part 4 of the PIA as if that Division had not been repealed and as if a reference in that Division— (c) to the Director were a reference to the IBAC; and (d) to the Special Investigations Monitor were a reference to the Victorian Inspectorate. (2) If a warrant to arrest a person issued under section 84(2) of the PIA is in force immediately before the commencement day— (a) that warrant continues in force in accordance with its terms on and from that commencement day as if that section had not been repealed; and (b) subject to any conditions or limitations on an authorised officer's appointment under section 81, an authorised officer is authorised to do anything that a person named in the warrant is authorised to do pursuant to that Authorised by the Chief Parliamentary Counsel 277 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule warrant or in the execution of that warrant; and (c) Division 7 of Part 4 of the PIA continues to apply in relation to the person arrested and held in custody pursuant to that warrant; and (d) for those purposes, a reference to the Director in Division 7 of Part 4 of the PIA is taken to be a reference to the IBAC. 21 Powers of entry, search and seizure (1) Section 90 of the PIA as in force immediately before its repeal continues to apply, on and from the commencement day, in respect of a document or thing seized under section 89 of the PIA as if— (a) a reference to an authorised officer were a reference to an authorised officer within the meaning of this Act; and (b) a reference to the Director were a reference to the IBAC. (2) If an application under section 91 of the PIA in relation to a document or thing seized under section 89 of the PIA had not been determined before the commencement day— (a) the application is to be determined, on and from the commencement day, under section 91 of the PIA as if that section had not been repealed; and (b) for the purposes of paragraph (a), a reference in section 91 of the PIA to the Director is taken to be a reference to the IBAC. (3) Section 92 of the PIA as in force immediately before its repeal continues to apply in respect of a document or thing seized under section 89 of the PIA— Authorised by the Chief Parliamentary Counsel 278 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule (a) until the document or thing is returned in accordance with section 92 of the PIA; and (b) as if a reference in section 92 of the PIA to the Director were a reference to the IBAC. (4) An application for a search warrant made under section 93 of the PIA before the commencement day that had not been determined before the commencement day is to be determined, on and from that commencement day, under section 93 of the PIA as if— (a) that section had not been repealed; and (b) a reference in that section to the Director were a reference to the IBAC. (5) If a search warrant issued under section 93 of the PIA before the commencement day is in force immediately before the commencement day, on and from that commencement day, the search warrant— (a) continues in force in accordance with its terms; and (b) subject to any conditions or limitations on an authorised officer's appointment under section 81, an authorised officer is authorised to do anything that a person named in the warrant is authorised to do pursuant to that warrant or in the execution of that warrant; and (c) sections 94 to 101 of the PIA continue to apply to the warrant and anything done under that warrant, as if— (i) those sections had not been repealed; and (ii) a reference in those sections to the Director were a reference to the IBAC. Authorised by the Chief Parliamentary Counsel 279 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule (6) Without limiting section 14(2) of the Interpretation of Legislation Act 1984, despite the repeal of sections 94 to 101 of the PIA, on and from the commencement day, those sections continue to apply in relation to a search warrant issued under section 93 of the PIA (as in force immediately before its repeal) which has been executed before the commencement day as if— (a) those sections had not been repealed; and (b) a reference in those sections to the Director were a reference to the IBAC. 22 Protection of persons, documents and other things (1) A reference in Division 4 of Part 2 to a document or other thing that has come into a person's possession or control in the performance of the duties and functions or the exercise of the powers of the person or the IBAC under this Act includes a reference to a document or other thing that has come into a person's possession (whether before, on or after the commencement day) in the performance of functions under the PIA. (2) A person who was a protected person under the PIA as in force immediately before its repeal, is taken, on and from the commencement day, to be a protected person within the meaning of section 45. (3) A document or other thing which was a protected document or other thing with the meaning of section 105 of the PIA as in force immediately before its repeal, is taken, on and from the commencement day, to be a protected document or other thing within the meaning of section 46. (4) A reference in section 46— (a) to an investigation includes a reference to an investigation under Division 2 of Part 3 of the PIA; Authorised by the Chief Parliamentary Counsel 280 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule (b) to a person who has been summoned, or who has appeared, as a witness in an examination, includes a reference to a person who has been summoned, or who has appeared, as a witness in an investigation under Division 2 of Part 3 of the PIA; (c) to a person who has provided the IBAC with information relating to an investigation includes a person who has provided information to the Director relating to an investigation under Division 2 of Part 3 of the PIA as in force immediately before its repeal; (d) to any evidence given or information provided to the IBAC relating to an investigation includes any evidence given or information provided to the Director relating to an investigation under Division 2 of Part 3 of the PIA as in force immediately before its repeal. (5) A certificate given by the Director under section 106(2) or 109A(2) of the PIA that was in force immediately before the commencement day continues in force, on and from that commencement day, as if it were a certificate given by the IBAC under section 47(2) or 50(2), as the case requires. (6) An objection made before the commencement day under section 107 of the PIA to the production or inspection of a document or other thing that has not been determined under section 107 of the PIA before that commencement day is to be determined, on and from the commencement day, under section 48. Authorised by the Chief Parliamentary Counsel 281 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule 23 Investigations completed but proceedings not commenced (1) The IBAC or a sworn IBAC Officer who is authorised by the Commissioner under section 189(b) or 190(b) may commence criminal proceedings in relation to any matter for which the Director or a member of staff of the OPI authorised under section 51A(2) of the PIA was entitled to commence criminal proceedings under section 51A of the PIA as if that section had not been repealed. (2) The IBAC or a sworn IBAC Officer authorised by the Commissioner under section 189(b) or 190(b) may continue criminal proceedings commenced under section 51A of the PIA by the Director or a member of staff of the OPI authorised under section 51A(2) of that Act. 24 Contempt of Director (1) If, before the commencement day, the Director issued a certificate of charge under section 79(1) of the PIA and the charge has not been determined, the charge is to be determined, on and from the commencement day, by the Supreme Court under section 82 of the PIA as if sections 79 and 82 had not been repealed. (2) If, before the commencement day, the Director issued a certificate of charge under section 79(1) of the PIA and an arrest warrant under section 79(1)(b) of that Act, on and from the commencement day— (a) a person to whom section 80 of the PIA applies may elect to apply for bail in accordance with that section as if sections 79 and 80 had not been repealed; and Authorised by the Chief Parliamentary Counsel 282 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Schedule (b) Division 6 of Part 4 of the PIA continues to apply in relation to the person arrested and held in custody pursuant to that warrant; and (c) for those purposes, a reference to the Director in Division 6 of Part 4 of the PIA is taken to be a reference to the IBAC. 25 Exemption from Freedom of Information Act 1982 under section 51 of the PIA Despite the repeal of the PIA, section 51 of that Act continues to apply to any document specified in that section. ═══════════════ Authorised by the Chief Parliamentary Counsel 283 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 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. Minister's second reading speech— Legislative Assembly: 27 October 2011 Legislative Council: 10 November 2011 The long title for the Bill for this Act was "A Bill for an Act to establish the Independent Broad-based Anti-corruption Commission, to amend the Parliamentary Committees Act 2003 and certain other Acts, and for other purposes." The Independent Broad-based Anti-corruption Commission Act 2011 was assented to on 29 November 2011 and came into operation on 1 July 2012: section 2(2). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in

Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). Authorised by the Chief Parliamentary Counsel 284 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel 285 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes 2 Table of Amendments This publication incorporates amendments made to the Independent Broad- based Anti-corruption Commission Act 2011 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Independent Broad-based Anti-corruption Commission Act 2011, No. 66/2011 Assent Date: 29.11.11 Commencement Date: S. 197(4) on 10.2.15: s. 197(4) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Victorian Inspectorate Act 2011, No. 70/2011 Assent Date: 29.11.11 Commencement Date: S. 43 on 1.7.12: s. 2(2) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, No. 13/2012 (as amended by No. 82/2012) Assent Date: 20.3.12 Commencement Date: Ss 3–9 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Independent Broad-based Anti-corruption Commission Amendment (Examinations) Act 2012, No. 28/2012 (as amended by No. 82/2012) Assent Date: 29.5.12 Commencement Date: S. 10 on 1.7.12: Special Gazette (No. 222) 29.6.12 p. 1; ss 3–9, 11–31 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Evidence Amendment (Journalist Privilege) Act 2012, No. 52/2012 Assent Date: 18.9.12 Commencement Date: Ss 17–19 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 3 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Authorised by the Chief Parliamentary Counsel 286 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes Commission for Children and Young People Act 2012, No. 79/2012 Assent Date: 18.12.12 Commencement Date: S. 81 on 1.3.13: Special Gazette (No. 27) 29.1.13 p. 1 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 Assent Date: 18.12.12 Commencement Date: Ss 3–25, 253–258 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; ss 298, 299 on 11.2.13: s. 2(5) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Protected Disclosure Act 2012, No. 85/2012 Assent Date: 18.12.12 Commencement Date: Ss 84–105 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013 Assent Date: 26.2.13 Commencement Date: S. 62 on 17.4.13: Special Gazette (No. 141) 16.4.13 p. 1 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Integrity Legislation Amendment Act 2013, No. 28/2013 Assent Date: 15.5.13 Commencement Date: S. 3 on 15.5.13: s. 2(1) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013 Assent Date: 6.11.13 Commencement Date: S. 86 on 1.2.14: s. 2(2) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013 Assent Date: 12.11.13 Commencement Date: S. 649(Sch. 9 item 19) on 1.7.14: s. 2(1) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Authorised by the Chief Parliamentary Counsel 287 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 3(Sch. 1 item 23) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Court Services Victoria Act 2014, No. 1/2014 Assent Date: 11.2.14 Commencement Date: S. 68 on 1.7.14: s. 2(2) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 49) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 (as amended by No. 21/2015) Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 85) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Privacy and Data Protection Act 2014, No. 60/2014 Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 28) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Inquiries Act 2014, No. 67/2014 Assent Date: 23.9.14 Commencement Date: Ss 134, 135 on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Court Services Victoria and Other Acts Amendment Act 2015, No. 25/2015 Assent Date: 29.6.15 Commencement Date: S. 9 on 30.6.15: Special Gazette (No. 183) 30.6.15 p. 1 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Authorised by the Chief Parliamentary Counsel 288 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes Justice Legislation Further Amendment Act 2016, No. 3/2016 Assent Date: 16.2.16 Commencement Date: S. 58 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Judicial Commission of Victoria Act 2016, No. 16/2016 Assent Date: 19.4.16 Commencement Date: Ss 161–166 on 1.7.17: s. 2(2) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016 Assent Date: 31.5.16 Commencement Date: Ss 3(a)(b)(d)–(h), 4–18, 21–49 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1; ss 3(c), 19, 20 on 1.12.16: Special Gazette (No. 194) 21.6.16 p. 1 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Witness Protection Amendment Act 2016, No. 34/2016 Assent Date: 15.6.16 Commencement Date: S. 31 on 1.7.17: s. 2(2) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Road Legislation Further Amendment Act 2016, No. 70/2016 Assent Date: 29.11.16 Commencement Date: Ss 47, 48 on 1.1.17: Special Gazette (No. 389) 20.12.16 p. 1 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017 Assent Date: 16.5.17 Commencement Date: Ss 128, 129 on 1.9.17: s. 2(3) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Parliamentary Budget Officer Act 2017, No. 27/2017 Assent Date: 27.6.17 Commencement Date: S. 58 on 1.7.17: s. 2(2) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Authorised by the Chief Parliamentary Counsel 289 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes Oaths and Affirmations Act 2018, No. 6/2018 Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 69) on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019 Assent Date: 5.3.19 Commencement Date: S. 196 on 6.3.19: s. 2(1); ss 49–56, 57(Sch. 1 Pt A) on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1; ss 112–130 on 1.1.20: s. 2(3); ss 179–181 on 1.7.20: s. 2(4) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Audit Amendment Act 2019, No. 12/2019 Assent Date: 4.6.19 Commencement Date: S. 21 on 1.7.19: s. 2(2) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Guardianship and Administration Act 2019, No. 13/2019 Assent Date: 4.6.19 Commencement Date: S. 221(Sch. 1 item 23) on 1.3.20: s. 2(2) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019 Assent Date: 25.6.19 Commencement Date: S. 265(1) on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1; s. 265(2) on 1.7.20: s. 2(4) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Local Government Act 2020, No. 9/2020 Assent Date: 24.3.20 Commencement Date: S. 390(Sch. 1 items 56.1(a), 56.2) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 56.1(b)(c), 56.3−56.5) on 24.10.20: s. 2(3)(f) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Authorised by the Chief Parliamentary Counsel 290 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes Justice Legislation Miscellaneous Amendments Act 2020, No. 22/2020 Assent Date: 30.6.20 Commencement Date: Ss 7A–7H on 1.7.20: s. 2 Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021 Assent Date: 23.3.21 Commencement Date: S. 138 on 24.3.21: s. 2(1); ss 126–137, 139, 198 on 26.4.21: s. 2(2) Current State: This information relates only to the provision/s amending the Independent Broad-based Anti- corruption Commission Act 2011 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel 291 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes 3 Amendments Not in Operation This version does not contain amendments that are not yet in operation. Authorised by the Chief Parliamentary Counsel 292 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes 4 Explanatory details 1 The provisions of this Act have been renumbered and relettered according to sections 298 and 299 of the Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 (repealed). S. 298 read as follows: 298 Renumbering of sections of the Independent Broad-based Anti-corruption Commission Act 2011 The sections of the Independent Broad-based Anti-corruption Commission Act 2011 set out in column 1 of the Table to this section are renumbered as set out opposite those sections in column 2 of the Table. Table Column 1 Column 2 Section number Renumbered section number 1 1 2 2 3 3 3A 4 3B 5 3C 6 3D 7 4 8 5 9 5A 10 5B 11 6 12 7 13 8 14 9 15 10 16 Authorised by the Chief Parliamentary Counsel 293 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes Column 1 Column 2 Section number Renumbered section number 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 33A 40 33B 41 33C 42 33D 43 33E 44 Authorised by the Chief Parliamentary Counsel 294 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes Column 1 Column 2 Section number Renumbered section number 33F 45 33G 46 33H 47 33I 48 33J 49 33K 50 34 51 35 52 36 53 37 54 38 55 39 56 40 57 40A 58 40B 59 41 60 42 61 43 62 44 63 45 64 46 65 46A 66 47 67 47A 68 48 69 49 70 49A 71 49B 72 Authorised by the Chief Parliamentary Counsel 295 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes Column 1 Column 2 Section number Renumbered section number 49C 73 49D 74 49E 75 49F 76 49G 77 49H 78 49I 79 49J 80 50 81 51 82 52 83 53 84 54 85 55 86 56 87 57 88 58 89 59 90 60 91 61 92 62 93 63 94 64 95 65 96 66 97 67 98 Authorised by the Chief Parliamentary Counsel 296 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes Column 1 Column 2 Section number Renumbered section number 67A 99 Note This section inserted by the Evidence Amendment (Journalist Privilege) Act 2012 68 100 69 101 70 102 71 103 72 104 73 105 74 106 75 107 76 108 77 109 78 110 79 111 80 112 81 113 82 114 82A 115 82B 116 82C 117 82D 118 82E 119 82F 120 82G 121 82H 122 Authorised by the Chief Parliamentary Counsel 297 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes Column 1 Column 2 Section number Renumbered section number 82I 123 82J 124 82K 125 82L 126 82M 127 82N 128 82O 129 82P 130 82PA 131 82Q 132 82R 133 82S 134 82T 135 82U 136 82V 137 82W 138 82X 139 82Y 140 82Z 141 82ZA 142 82ZB 143 82ZC 144 82ZCA 145 Note This section inserted by the Evidence Amendment (Journalist Privilege) Act 2012 82ZD 146 Authorised by the Chief Parliamentary Counsel 298 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes Column 1 Column 2 Section number Renumbered section number 82ZE 147 82ZF 148 82ZG 149 82ZH 150 82ZI 151 82ZJ 152 82ZK 153 82ZL 154 82ZM 155 82ZN 156 82ZO 157 82ZP 158 83 159 84 160 85 161 86 162 87 163 88 164 89 165 89A 166 89B 167 89C 168 89D 169 89E 170 90 171 91 172 92 173 93 174 94 175 Authorised by the Chief Parliamentary Counsel 299 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes Column 1 Column 2 Section number Renumbered section number 95 176 96 177 97 178 98 179 99 180 100 181 101 182 101A 183 101B 184 102 185 103 186 104 187 105 188 106 189 106A 190 107 191 108 192 108A 193 109 194 110 195 111 196 112 197 113 198 Authorised by the Chief Parliamentary Counsel 300 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes S. 299 read as follows: 299 Renumbering of other provisions of the Independent Broad-based Anti-corruption Commission Act 2011 (1) The Parts of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1". (2) The Divisions of each Part of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1". (3) The subsections of each section of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive Arabic numerals enclosed in parentheses starting with "(1)". (4) The paragraphs of each section or subsection, or of each definition, of the Independent Broad-based Anti-corruption Commission Act 2011 are relettered so that they bear lower-case letters in alphabetical order enclosed in parentheses starting with "(a)". (5) The subparagraphs of each paragraph of each section or subsection, or of each paragraph of each definition, of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive lower-case Roman numerals enclosed in parentheses starting with "(i)". (6) The sub-subparagraphs of each subparagraph of each paragraph of each section or subsection, or of each subparagraph of each paragraph of each definition, of the Independent Broad-based Anti-corruption Commission Act 2011 are relettered so that they bear upper-case letters in Authorised by the Chief Parliamentary Counsel 301 Independent Broad-based Anti-corruption Commission Act 2011 No. 66 of 2011 Endnotes alphabetical order in parentheses starting with "(A)". (7) Each provision of the Independent Broad-based Anti-corruption Commission Act 2011 that refers to a provision that has been renumbered or relettered under section 298 or this section is amended by substituting a reference to the provision as renumbered or relettered. (8) In this section, provision includes paragraph, subparagraph and sub-subparagraph. Authorised by the Chief Parliamentary Counsel 302