INTEGRITY LEGISLATION AMENDMENT BILL 2014
PARLIAMENT OF VICTORIA Integrity Legislation Amendment Bill 2014 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1 Purpose 1 2 Commencement 2 PART 2--INDEPENDENT BROAD-BASED ANTI- CORRUPTION COMMISSION ACT 2011 3 3 Amendment of section 3--Definitions 3 4 Amendment of section 4--Corrupt conduct 3 5 Amendment of section 17--Delegation 4 6 Amendment of section 30--Acting appointment 4 7 Amendment of section 32--Delegation 4 8 Consequential amendment to section 37 6 9 Amendment of section 41--Disclosure or provision of information by the IBAC 6 10 Amendment of section 56--The IBAC may receive information 7 11 Amendment of section 57--Notifications to the IBAC 8 12 New section 57A inserted--Directions 8 57A Directions 8 13 Amendment of section 59--Notice of dismissal, investigation or referral of complaint or notification 10 14 New Division 3A inserted--Preliminary investigations 10 Division 3A--Preliminary investigations 10 59A IBAC may conduct preliminary investigation 10 59B IBAC may conduct a preliminary investigation in relation to an own motion investigation 10 59C Conduct of preliminary investigation 11 59D Part 4 does not apply 11 59E References to an investigation 11 59F Surveillance Devices Act 1999 11 15 Amendment of section 60--Conducting investigations about corrupt conduct 11 16 Amendment of section 68--When certain complaints or notifications to the IBAC are dismissed 12 17 Amendment of section 73--Referral of complaint or notification for investigation by another person or body 12 571542B.I-16/9/2014 i BILL LA INTRODUCTION 16/9/2014
Clause Page 18 Amendment of section 85--The Commissioner must authorise use of powers under this Division 12 19 Amendment of section 91--Search warrant 13 20 Amendment of section 115--Power to hold examinations 13 21 Amendment of section 118--Offence to be present at examination 14 22 Amendment of section 119--The IBAC may give directions 14 23 Amendment of section 124--Service of witness summons 14 24 Amendment of section 126--Witness already held in custody 15 25 Amendment of section 139--Warrant to arrest witness who fails to appear 15 26 Amendment of section 140--Bail for person arrested 15 27 Section 150 substituted--Reimbursement of expenses of certain witnesses 15 150 Reimbursement of expenses of certain witnesses 15 28 Amendment of section 163--Advice to a complainant and other persons 16 29 Amendment of section 180--Offence to hinder or obstruct an IBAC officer 16 30 Section 185 substituted 16 185 Criminal liability of officers of bodies corporate-- accessorial liability 16 31 Insertion of notes 18 PART 3--OMBUDSMAN ACT 1973 22 32 Amendment of section 2--Definitions 22 33 Amendment of section 13A --Conducting of enquiries 22 34 Amendment of section 13B --Communication of information to complainant 22 35 Amendment of section 14--Making a complaint 23 36 Amendment of section 15--How the Ombudsman is to deal with certain complaints 23 37 Amendment of section 15A--Ombudsman may refuse to deal with certain complaints 24 38 Amendment of section 15C--Ombudsman must investigate protected disclosure complaints 24 39 Amendment of section 15D--Ombudsman must refuse to investigate certain protected disclosure complaints 24 40 Amendment of section 16A--Ombudsman may conduct own motion investigation 25 41 Amendment of section 16E--Notification to IBAC 26 42 Amendment of section 16L--Disclosure of information by the Ombudsman 26 43 Amendment of section 17--Procedure relating to investigations 27 571542B.I-16/9/2014 ii BILL LA INTRODUCTION 16/9/2014
Clause Page 44 Amendment of section 25AA--Transmission of sections 23(6) and 25 reports to Parliament 28 45 Amendment of section 26A--Unauthorised disclosure 29 PART 4--PUBLIC INTEREST MONITOR ACT 2011 30 46 Amendment of section 8--Eligibility for appointment 30 47 Amendment of section 12--Vacancy and registration 30 48 Amendment of section 17--Confidentiality 30 49 New section 17A inserted--Immunity 31 17A Immunity 31 PART 5--AMENDMENTS TO OTHER ACTS 32 50 Amendment of section 19A of the Audit Act 1994-- Mandatory notification of corrupt conduct to IBAC 32 51 Amendment of section 20A of the Audit Act 1994-- Improper use of information 32 52 Amendment of section 61 of the Commission for Children and Young People Act 2012--Mandatory notification of corrupt conduct to IBAC 32 53 Amendment of section 19A of the Electoral Act 2002-- Mandatory notification of corrupt conduct to IBAC 33 54 Amendment of section 54C of the Environment Protection Act 1970--Mandatory notification of corrupt conduct to IBAC 33 55 Amendment of section 6 of the Legal Aid Act 1978-- Functions and powers 34 56 Amendment of section 73 of the Public Administration Act 2004--Mandatory notification of corrupt conduct to IBAC 34 57 Amendment of section 26 of the Protected Disclosure Act 2012--Assessment of disclosure and determination by the IBAC 34 58 Amendment of section 37G of the Racing Act 1958-- Mandatory notification of corrupt conduct to IBAC 35 59 Amendment of section 20A--Surveillance Devices Act 1999--Revocation of surveillance device warrant 36 60 Amendment of section 613 of the Workplace Injury Rehabilitation and Compensation Act 2013--Mandatory notification of corrupt conduct to IBAC 36 PART 6--REPEAL OF AMENDING ACT 37 61 Repeal of amending Act 37 ENDNOTES 38 571542B.I-16/9/2014 iii BILL LA INTRODUCTION 16/9/2014
PARLIAMENT OF VICTORIA Introduced in the Assembly Integrity Legislation Amendment Bill 2014 A Bill for an Act to amend the Independent Broad-based Anti- corruption Commission Act 2011, the Ombudsman Act 1973 and the Public Interest Monitor Act 2011 and to make related amendments to certain other Acts and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purpose The purpose of this Act is to-- (a) amend the Independent Broad-based Anti- 5 corruption Commission Act 2011, the Ombudsman Act 1973 and the Public Interest Monitor Act 2011 to improve the operation and effectiveness of those Acts; and 571542B.I-16/9/2014 1 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 1--Preliminary s. 2 (b) make related amendments to certain other Acts. 2 Commencement This Act comes into operation on the day after the 5 day on which it receives the Royal Assent. __________________ 571542B.I-16/9/2014 2 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 3 PART 2--INDEPENDENT BROAD-BASED ANTI- CORRUPTION COMMISSION ACT 2011 3 Amendment of section 3--Definitions In section 3(1) of the Independent Broad-based See: Act 5 Anti-corruption Commission Act 2011-- No.66/2011. Reprint No. 1 (a) in the definition of detained person, for as at 11 February paragraphs (d) and (e) substitute-- 2013 and "(d) a patient detained in a designated amending mental health service within the Act Nos 66/2011, 10 meaning of the Mental Health Act 79/2012, 2014; or 5/2013, 28/2013, (e) a person detained in a residential 63/2013, 67/2013, service, residential institution or 70/2013, residential treatment facility under 1/2014, 17/2014, 15 Part 8 of the Disability Act 2006; or"; 37/2014 and 60/2014. (b) in the definition of notification to the IBAC, LawToday: www. in paragraph (h), for "section 74A" legislation. substitute "section 73"; vic.gov.au (c) in the definition of relevant offence, after 20 paragraph (b)(iii) insert-- "(iv) misconduct in public office;"; (d) in the definition of restricted matter-- (i) for paragraph (a) substitute-- "(a) any evidence or information given 25 to, or obtained by, the IBAC;"; (ii) in paragraph (b), after "produced to" insert ", or obtained by,". 4 Amendment of section 4--Corrupt conduct (1) In section 4(1) of the Independent Broad-based 30 Anti-corruption Commission Act 2011, for "For" substitute "Subject to subsection (1A), for". 571542B.I-16/9/2014 3 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 5 (2) After section 4(1) of the Independent Broad- based Anti-corruption Commission Act 2011 insert-- '(1A) For the purposes of Division 3A of Part 3 5 and section 60(2), including the conduct of a preliminary inquiry for the purposes of that section, the definition of corrupt conduct in subsection (1) applies as if ", if the facts were found proved beyond reasonable doubt 10 at a trial," were omitted.'. 5 Amendment of section 17--Delegation In section 17(1) of the Independent Broad-based Anti-corruption Commission Act 2011, after "Commissioner" insert "(including an acting 15 Commissioner appointed under section 30)". 6 Amendment of section 30--Acting appointment (1) For section 30(7)(b) of the Independent Broad- based Anti-corruption Commission Act 2011 substitute-- 20 "(b) is entitled to be paid the remuneration and allowances specified in the instrument of appointment of that person as acting Commissioner or acting Deputy Commissioner.". 25 (2) Section 30(8) of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed. 7 Amendment of section 32--Delegation (1) After section 32(1) of the Independent Broad- 30 based Anti-corruption Commission Act 2011 insert-- "(1A) Despite subsection (1), the Commissioner, by instrument, may delegate to a Deputy Commissioner or the Chief Executive 35 Officer the power of the Commissioner 571542B.I-16/9/2014 4 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 7 under section 85 or 91 on the condition that it is only to be exercised by the delegate if-- (a) the Commissioner is absent or unavailable; and 5 (b) the delegate reasonably believes that a delay in the exercise of the power would significantly limit the effectiveness of the powers conferred by Divisions 3 and 4 of Part 4.". 10 (2) In section 32(2) of the Independent Broad-based Anti-corruption Commission Act 2011, after "subsection (1)" insert "or a person engaged under section 36". (3) In section 32(3) and (4) of the Independent 15 Broad-based Anti-corruption Commission Act 2011, after "senior IBAC Officer" insert "or a person engaged under section 36". (4) In section 32(3) of the Independent Broad-based Anti-corruption Commission Act 2011, for 20 "other than this power of delegation" substitute-- "other than-- (a) the powers delegated under subsection (1A) or a duty, power or function under section 42(1), 42(3), 42(4), 42(5), 25 47(2), 50(2), 73, 74, 75, 78(2), 81, 84, 115 or 119; (b) this power of delegation.". (5) In section 32(4) of the Independent Broad-based Anti-corruption Commission Act 2011, for 30 "other than this power of delegation" substitute-- "other than-- (a) the powers delegated under subsection (1A) or a duty, power or function under section 42(1), 42(3), 42(4), 42(5), 571542B.I-16/9/2014 5 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 8 47(2), 50(2), 73, 74, 75, 78(2), 81, 84, 115 or 119; (b) this power of delegation.". (6) After section 32(7) of the Independent Broad- 5 based Anti-corruption Commission Act 2011 insert-- "(8) Despite the amendment of this section by section 7(4) and (5) of the Integrity Legislation Amendment Act 2014, a 10 delegation given under this section as in force before the commencement of that amendment which if given after the commencement of that amendment would not be valid, continues in force until-- 15 (a) the expiry of the period of 6 months after the commencement of that amendment; or (b) it is revoked-- whichever first occurs.". 20 8 Consequential amendment to section 37 In section 37(2) of the Independent Broad-based Anti-corruption Commission Act 2011, after "section 36" insert "or a person who is to be appointed to preside at an examination under 25 section 115". 9 Amendment of section 41--Disclosure or provision of information by the IBAC (1) In section 41(1) (d) of the Independent Broad- based Anti-corruption Commission Act 2011, 30 after "officer" insert "or any other appropriate principal officer". (2) After section 41(4) of the Independent Broad- based Anti-corruption Commission Act 2011 insert-- 571542B.I-16/9/2014 6 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 10 "(5) If-- (a) a House of the Parliament has by resolution referred a report made by the IBAC to a Parliamentary Committee of 5 that House to determine whether there has been a breach of parliamentary privilege or contempt of Parliament; and (b) the Parliamentary Committee requests 10 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 15 determine whether there has been a breach of parliamentary privilege or contempt of Parliament-- the IBAC must comply with the request. (6) The IBAC must not provide or disclose 20 information under subsection (5) that is likely to lead to the identification of a person who has made an assessable disclosure.". 10 Amendment of section 56--The IBAC may receive information 25 (1) In section 56(1) of the Independent Broad-based Anti-corruption Commission Act 2011, after "section 15(7)(a)" insert "or conducting a preliminary investigation under Division 3A". (2) In section 56(3) of the Independent Broad-based 30 Anti-corruption Commission Act 2011, after "functions" insert "or conducting a preliminary investigation under Division 3A". 571542B.I-16/9/2014 7 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 11 11 Amendment of section 57--Notifications to the IBAC For section 57(1) of the Independent Broad- based Anti-corruption Commission Act 2011 5 substitute-- "(1) Subject to Directions issued under section 57A, the relevant principal officer must notify the IBAC of any matter which the person suspects on reasonable grounds 10 involves corrupt conduct occurring or having occurred. (1A) Subsection (1) does not apply to any person who is subject to a mandatory notification provision specified in section 57A(5)(b), (c), 15 (d), (e), (f),(g), (h) or (i).". 12 New section 57A inserted--Directions After section 57 of the Independent Broad- based Anti-corruption Commission Act 2011 insert-- 20 "57A Directions (1) The IBAC may issue Directions for or with respect to notifications to the IBAC under a mandatory notification provision. (2) Without limiting the generality of subsection 25 (1), Directions may-- (a) specify which matters must be notified; (b) specify matters which are exempted from notification; (c) relate to a specified mandatory 30 notification provision or the obligations of a specified person under a mandatory notification provision; (d) provide for the manner in which a notification is to be made; 571542B.I-16/9/2014 8 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 12 (e) be of general or limited application; (f) specify any other matter or thing which the IBAC considers is necessary. (3) Directions must be published in the 5 Government Gazette and on the IBAC's Internet website. (4) Directions take effect-- (a) on the day after the Directions are published in the Government Gazette; 10 or (b) on any later day specified in the Directions. (5) In this section, a mandatory notification provision means any of the following-- 15 (a) section 57; (b) section 19A of the Audit Act 1994; (c) section 61 of the Commission for Children and Young People Act 2012; 20 (d) section 19A of the Electoral Act 2002; (e) section 54C of the Environment Protection Act 1970; (f) section 16E of the Ombudsman Act 1973; 25 (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 30 Compensation Act 2013.". 571542B.I-16/9/2014 9 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 13 13 Amendment of section 59--Notice of dismissal, investigation or referral of complaint or notification (1) In section 59(1) of the Independent Broad-based Anti-corruption Commission Act 2011 omit 5 "or notification". (2) After section 59(3) of the Independent Broad- based Anti-corruption Commission Act 2011 insert-- "(3A) Subject to subsection (4), the IBAC may 10 notify the person who made a notification to the IBAC of the action referred to in section 58 which the IBAC has taken.". (3) In section 59(4) of the Independent Broad-based Anti-corruption Commission Act 2011, for 15 "or (2)" substitute ", (2) or (3A)". 14 New Division 3A inserted--Preliminary investigations After Division 3 of Part 3 of the Independent Broad-based Anti-corruption Commission Act 20 2011 insert-- 'Division 3A--Preliminary investigations 59A IBAC may conduct preliminary investigation The IBAC may conduct a preliminary 25 investigation for the purpose of determining whether to dismiss, refer or investigate a complaint or notification under this Act. 59B IBAC may conduct a preliminary investigation in relation to an own motion 30 investigation The IBAC may conduct a preliminary investigation in relation to an own motion investigation. 571542B.I-16/9/2014 10 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 15 59C Conduct of preliminary investigation A principal officer must assist the IBAC in the conduct of a preliminary investigation. 59D Part 4 does not apply 5 Part 4 does not apply to or in respect of a preliminary investigation. 59E References to an investigation Unless otherwise expressly provided, a reference in this Act to "an investigation" 10 does not include a preliminary investigation. 59F Surveillance Devices Act 1999 A preliminary investigation is not an investigation for the purposes of making an application for the issue of a surveillance 15 device warrant under section 15 of the Surveillance Devices Act 1999.'. 15 Amendment of section 60--Conducting investigations about corrupt conduct For section 60(2) of the Independent Broad- 20 based Anti-corruption Commission Act 2011 substitute-- "(2) The IBAC must not conduct an investigation under subsection (1) unless the IBAC-- (a) is satisfied that the conduct would, if 25 proven, constitute serious corrupt conduct; and (b) suspects on reasonable grounds that the conduct is occurring or has occurred. (2A) For the purposes of subsection (2), the IBAC 30 may have regard to any or all of the following-- (a) the alleged conduct as specified in the complaint or notification; 571542B.I-16/9/2014 11 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 16 (b) any information obtained by the IBAC by holding a preliminary investigation in accordance with section 59A into the complaint or notification; 5 (c) inferences that may be drawn from the matters specified in the complaint or notification or from information referred to in paragraph (b).". 16 Amendment of section 68--When certain 10 complaints or notifications to the IBAC are dismissed In section 68(2) of the Independent Broad-based Anti-corruption Commission Act 2011-- (a) in paragraph (d) for "trivial; or" substitute 15 "trivial."; (b) paragraph (e) is repealed. 17 Amendment of section 73--Referral of complaint or notification for investigation by another person or body 20 Section 73(2)(ea) of the Independent Broad- based Anti-corruption Commission Act 2011 is repealed. 18 Amendment of section 85--The Commissioner must authorise use of powers under this Division 25 (1) In the heading to section 85 of the Independent Broad-based Anti-corruption Commission Act 2011, for "IBAC" substitute "Commissioner". (2) In the note to section 85 of the Independent Broad-based Anti-corruption Commission Act 30 2011, after "power" insert "except in accordance with section 32(1A) or". 571542B.I-16/9/2014 12 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 19 19 Amendment of section 91--Search warrant (1) In section 91 of the Independent Broad-based Anti-corruption Commission Act 2011-- (a) in subsections (1) and (3), after "Court" 5 insert "or a magistrate"; (b) in subsection (3), after "the Judge" insert "or the magistrate". (2) In the note to section 91(2) of the Independent Broad-based Anti-corruption Commission Act 10 2011, after "power" insert "except in accordance with section 32(1A) or". 20 Amendment of section 115--Power to hold examinations At the end of section 115 of the Independent 15 Broad-based Anti-corruption Commission Act 2011 insert-- "(2) The IBAC must appoint-- (a) the Commissioner; or (b) a person who-- 20 (i) would be eligible to be appointed to be the Commissioner in accordance with section 20(2); and (ii) has taken an oath or made an 25 affirmation under section 37(2)-- to preside at an examination. (3) For the avoidance of doubt, a person appointed under subsection (2) to preside at an examination may perform any function or 30 exercise any power that the IBAC has under this Part. 571542B.I-16/9/2014 13 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 21 (4) A person appointed under subsection (2) to preside at an examination may authorise an IBAC officer to exercise the powers specified by section 132 as if the person 5 appointed were the Commissioner.". 21 Amendment of section 118--Offence to be present at examination At the end of section 118 of the Independent Broad-based Anti-corruption Commission Act 10 2011 insert-- "(2) In this section, present includes being remotely present.". 22 Amendment of section 119--The IBAC may give directions 15 After section 119(1) of the Independent Broad- based Anti-corruption Commission Act 2011 insert-- "(1A) For the purposes of subsection (1), a direction under subsection (1) may provide 20 that a person may be remotely present during an examination or part of an examination.". 23 Amendment of section 124--Service of witness summons For section 124(4) of the Independent Broad- 25 based Anti-corruption Commission Act 2011 substitute-- "(4) A witness summons directed to a body corporate must be served by sending a copy of the witness summons by registered post to 30 the head office, a registered office, a principal office or a principal place of business of the body corporate or to a postal address of the body corporate.". 571542B.I-16/9/2014 14 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 24 24 Amendment of section 126--Witness already held in custody In section 126(4) of the Independent Broad- based Anti-corruption Commission Act 2011 5 omit "to whom a direction under subsection (1) applies". 25 Amendment of section 139--Warrant to arrest witness who fails to appear In section 139(1) and (2) of the Independent 10 Broad-based Anti-corruption Commission Act 2011, after "Court" insert "or a magistrate". 26 Amendment of section 140--Bail for person arrested In section 140 of the Independent Broad-based 15 Anti-corruption Commission Act 2011 after "Court" (wherever occurring) insert "or the Magistrates' Court". 27 Section 150 substituted--Reimbursement of expenses of certain witnesses 20 For section 150 of the Independent Broad-based Anti-corruption Commission Act 2011 substitute-- "150 Reimbursement of expenses of certain witnesses 25 A person appearing as a witness in an examination who is entitled to a reimbursement of expenses in accordance with the regulations must be paid an amount for any expenses incurred by that appearance 30 as provided in the prescribed scale.". 571542B.I-16/9/2014 15 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 28 28 Amendment of section 163--Advice to a complainant and other persons In section 163(3) of the Independent Broad- based Anti-corruption Commission Act 2011-- 5 (a) omit "written"; (b) in paragraph (a) after "officer" insert "or any other appropriate principal officer". 29 Amendment of section 180--Offence to hinder or obstruct an IBAC officer 10 In section 180 of the Independent Broad-based Anti-corruption Commission Act 2011, for "5" substitute "6". 30 Section 185 substituted For section 185 of the Independent Broad-based 15 Anti-corruption Commission Act 2011 substitute-- "185 Criminal liability of officers of bodies corporate--accessorial liability (1) If a body corporate commits an offence 20 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 25 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. 30 (2) For the purposes of subsection (1), the following provisions are specified-- (a) section 44(1); (b) section 44(6); 571542B.I-16/9/2014 16 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 30 (c) section 44(7); (d) section 54(7); (e) section 135(1); (f) section 135(2); 5 (g) section 136; (h) section 137; (i) section 166; (j) section 179; (k) section 180; 10 (l) section 181; (m) section 182; (n) section 183(1); (o) section 184(1); (p) section 184(2); 15 (q) section 184(3); (r) 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 20 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. 25 (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. 571542B.I-16/9/2014 17 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 31 (5) In this section-- body corporate has the same meaning as corporation has in section 57A of the Corporations Act; 5 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 10 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 15 management of the body corporate. (6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958 or section 52 of the Magistrates' Court Act 20 1989.". 31 Insertion of notes (1) At the note at the foot of section 44(1) of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- 25 "Note 2 Section 185 applies to an offence against this subsection.". (2) At the foot of section 44(6) of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- 30 "Note Section 185 applies to an offence against this subsection.". 571542B.I-16/9/2014 18 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 31 (3) At the foot of section 44(7) of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 5 Section 185 applies to an offence against this subsection.". (4) At the foot of section 54(7) of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 10 Section 185 applies to an offence against this subsection.". (5) At the foot of section 135(1) of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 15 Section 185 applies to an offence against this subsection.". (6) At the foot of section 135(2) of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 20 Section 185 applies to an offence against this subsection.". (7) At the foot of section 136 of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 25 Section 185 applies to an offence against this section.". (8) At the foot of section 137 of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 30 Section 185 applies to an offence against this section.". 571542B.I-16/9/2014 19 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 31 (9) At the foot of section 166 of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 5 Section 185 applies to an offence against this section.". (10) At the foot of section 179 of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 10 Section 185 applies to an offence against this section.". (11) At the foot of section 180 of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 15 Section 185 applies to an offence against this section.". (12) At the foot of section 181 of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 20 Section 185 applies to an offence against this section.". (13) At the foot of section 182 of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 25 Section 185 applies to an offence against this section.". (14) At the foot of section 183(1) of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 30 Section 185 applies to an offence against this subsection.". 571542B.I-16/9/2014 20 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 2--Independent Broad-based Anti-Corruption Commission Act 2011 s. 31 (15) At the foot of section 184(1) of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 5 Section 185 applies to an offence against this subsection.". (16) At the foot of section 184(2) of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 10 Section 185 applies to an offence against this subsection.". (17) At the foot of section 184(3) of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 15 Section 185 applies to an offence against this subsection.". (18) At the foot of section 184(4) of the Independent Broad-based Anti-corruption Commission Act 2011 insert-- "Note 20 Section 185 applies to an offence against this subsection.". __________________ 571542B.I-16/9/2014 21 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 3--Ombudsman Act 1973 s. 32 PART 3--OMBUDSMAN ACT 1973 32 Amendment of section 2--Definitions See: In section 2(1) of the Ombudsman Act 1973-- Act No. 8414 Reprint No. 9 as at (a) insert the following definition-- 11 February 5 2013 "police personnel misconduct has the same and meaning as it has in section 3(1) of the amending Act Nos Independent Broad-based Anti- 5/2013, corruption Commission Act 2011;"; 63/2013, 67/2013, (b) in the definition of restricted matter-- 73/2013, 10 1/2014, 17/2014, (i) for paragraph (a) substitute-- 26/2014, 35/2014, "(a) any evidence or information given 37/2014 and to, or obtained by, the 60/2014. LawToday: Ombudsman;"; www. legislation. (ii) in paragraph (b), after "person" insert 15 vic.gov.au ", or obtained by the Ombudsman,". 33 Amendment of section 13A--Conducting of enquiries In section 13A(1) of the Ombudsman Act 1973-- 20 (a) in paragraph (a) omit "(other than an investigation on a protected disclosure complaint)"; (b) in paragraph (b), after "matter" insert "(other than a protected disclosure 25 complaint)". 34 Amendment of section 13B--Communication of information to complainant In section 13B(b) of the Ombudsman Act 1973, after "enquiry" insert "(other than an enquiry on a 30 protected disclosure complaint)". 571542B.I-16/9/2014 22 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 3--Ombudsman Act 1973 s. 35 35 Amendment of section 14--Making a complaint For section 14(2) of the Ombudsman Act 1973 substitute-- "(2) If a complaint to the Ombudsman is not 5 made in writing, the Ombudsman may require the complainant to provide a written statement in the form (if any) specified by the Ombudsman-- (a) confirming that the complainant wants 10 the Ombudsman to consider the complaint; and (b) specifying the details of the complaint.". 36 Amendment of section 15--How the Ombudsman is 15 to deal with certain complaints (1) For the heading to section 15 of the Ombudsman Act 1973 substitute-- "How the Ombudsman is to deal with certain complaints". 20 (2) For section 15(1) of the Ombudsman Act 1973 substitute-- "(1) The Ombudsman must not deal with a complaint that involves police personnel conduct, other than to notify the IBAC or the 25 Victorian Inspectorate under Division 2C. (1A) Subject to subsection (1B), the Ombudsman must not deal with a complaint that the Ombudsman suspects on reasonable grounds involves corrupt conduct until the 30 Ombudsman notifies the IBAC or the Victorian Inspectorate under Division 2C. (1B) If the IBAC notifies the Ombudsman that it has determined under section 58 of the Independent Broad-based Anti-corruption 571542B.I-16/9/2014 23 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 3--Ombudsman Act 1973 s. 37 Commission Act 2011 to investigate a matter involving corrupt conduct or to refer it to another body, the Ombudsman must not continue to deal with a complaint that 5 involves the matter or continue to conduct an investigation in relation to the matter unless-- (a) the IBAC and the Ombudsman agree, to the extent and subject to the 10 conditions agreed; or (b) where the IBAC refers the matter to another body under section 73 of the Independent Broad-based Anti- corruption Commission Act 2011, to 15 the extent of the referral; or (c) the IBAC completes or discontinues its investigation into the matter.". 37 Amendment of section 15A--Ombudsman may refuse to deal with certain complaints 20 After section 15A(2) of the Ombudsman Act 1973 insert-- "(3) The Ombudsman may refuse to deal with a complaint if the complainant fails to comply with a requirement made under 25 section 14(2).". 38 Amendment of section 15C--Ombudsman must investigate protected disclosure complaints In section 15C of the Ombudsman Act 1973, for "and 15E" substitute ", 15E and 17". 30 39 Amendment of section 15D--Ombudsman must refuse to investigate certain protected disclosure complaints Section 15D(2) and (3) of the Ombudsman Act 1973 are repealed. 571542B.I-16/9/2014 24 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 3--Ombudsman Act 1973 s. 40 40 Amendment of section 16A--Ombudsman may conduct own motion investigation For section 16A(2) of the Ombudsman Act 1973 substitute-- 5 "(2) Subject to subsection (2A), the Ombudsman must not conduct an own motion investigation into any administrative action that the Ombudsman suspects on reasonable grounds involves corrupt conduct until the 10 Ombudsman notifies the IBAC or the Victorian Inspectorate under Division 2C. Note See also section 16D. (2A) If the IBAC notifies the Ombudsman that it 15 has determined under section 58 of the Independent Broad-based Anti-corruption Commission Act 2011 to investigate a matter or to refer it to another body, the Ombudsman must not conduct, or continue 20 to conduct, an own motion investigation into any administrative action that involves the matter unless-- (a) the IBAC and the Ombudsman agree, to the extent and subject to the 25 conditions agreed; or (b) where the IBAC refers the matter to another body under section 73 of the Independent Broad-based Anti- corruption Commission Act 2011, to 30 the extent of the referral; or (c) the IBAC completes or discontinues its investigation into the matter.". 571542B.I-16/9/2014 25 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 3--Ombudsman Act 1973 s. 41 41 Amendment of section 16E--Notification to IBAC For section 16E(1) of the Ombudsman Act 1973 substitute-- "(1) Subject to Directions issued under 5 section 57A of the Independent Broad- based Anti-corruption Commission Act 2011, the Ombudsman must notify the IBAC of the following-- (a) a complaint or referred matter that the 10 Ombudsman suspects on reasonable grounds involves corrupt conduct or police personnel misconduct occurring or having occurred; (b) a matter that the Ombudsman suspects 15 on reasonable grounds involves corrupt conduct or police personnel misconduct occurring or having occurred, of which the Ombudsman becomes aware in the course of dealing with a complaint, 20 conducting an own motion investigation or performing any other functions under this Act.". 42 Amendment of section 16L--Disclosure of information by the Ombudsman 25 After section 16L(3) of the Ombudsman Act 1973 insert-- "(4) If-- (a) a House of the Parliament has by resolution referred a report made by the 30 Ombudsman to a Parliamentary Committee of that House to determine whether there has been a breach of parliamentary privilege or contempt of Parliament; and 571542B.I-16/9/2014 26 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 3--Ombudsman Act 1973 s. 43 (b) the Parliamentary Committee requests the Ombudsman to provide or disclose any information received or obtained in the course of preparing the report which 5 the Parliamentary Committee considers may be necessary to determine whether there has been a breach of parliamentary privilege or contempt of Parliament-- 10 the Ombudsman must comply with the request. (5) The Ombudsman must not provide or disclose information under subsection (4) that is likely to lead to the identification of a 15 person who has made an assessable disclosure.". 43 Amendment of section 17--Procedure relating to investigations After section 17(6A) of the Ombudsman Act 20 1973 insert-- "(6B) The Ombudsman may at any time during an investigation discontinue the investigation if in all the circumstances the Ombudsman considers that-- 25 (a) a ground specified in section 15A for refusing to deal with the complaint or 15E for refusing to conduct an investigation would now apply; or (b) the matter has been sufficiently 30 investigated and further investigation is not warranted. (6C) The Ombudsman must at any time during an investigation discontinue the investigation if in all the circumstances the Ombudsman 35 considers that a ground specified in section 15 for refusing to deal with the 571542B.I-16/9/2014 27 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 3--Ombudsman Act 1973 s. 44 complaint or 15D for refusing to conduct an investigation would now apply. (6D) If the Ombudsman discontinues an investigation in accordance with subsection 5 (6B)(a) or (6C)-- (a) the Ombudsman must, within a reasonable time of discontinuing the investigation, inform any person informed of the investigation under 10 subsection (1) of-- (i) the discontinuance of the investigation; and (ii) the reason for that discontinuance; and 15 (b) sections 23, 23A and 24(1) cease to apply in relation to the investigation. (6E) If the Ombudsman discontinues an investigation in accordance with subsection (6B)(b)-- 20 (a) sections 23, 23A and 24(1) apply as if the investigation had been completed; and (b) the Ombudsman must provide the reason for the discontinuance in any 25 report or notification given under those sections.". 44 Amendment of section 25AA--Transmission of sections 23(6) and 25 reports to Parliament For section 25AA(7) of the Ombudsman Act 30 1973 substitute-- "(7) For the purposes of this section, Parliament is in recess when neither House is sitting.". 571542B.I-16/9/2014 28 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 3--Ombudsman Act 1973 s. 45 45 Amendment of section 26A--Unauthorised disclosure After section 26A(2) of the Ombudsman Act 1973 insert-- 5 "(3) This section does not apply to the provision or disclosure of information by the Ombudsman officer in accordance with section 16L.". __________________ 571542B.I-16/9/2014 29 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 4--Public Interest Monitor Act 2011 s. 46 PART 4--PUBLIC INTEREST MONITOR ACT 2011 46 Amendment of section 8--Eligibility for appointment See: In section 8(1) of the Public Interest Monitor Act No. 5 72/2011 Act 2011, for "Australian legal practitioner" and substitute "Australian lawyer". amending Act Nos 72/2011, 82/2012 and 17/2014. LawToday: www. legislation. vic.gov.au 47 Amendment of section 12--Vacancy and registration In section 12(i) of the Public Interest Monitor 10 Act 2011, for "Australian legal practitioner" substitute "Australian lawyer". 48 Amendment of section 17--Confidentiality For section 17(2), (3) and (4) of the Public Interest Monitor Act 2011 substitute-- 15 "(2) Subsection (1) does not apply to disclosure of information by a Public Interest Monitor in the performance of their functions as a Public Interest Monitor, including the disclosure of information to a person 20 assisting the Public Interest Monitor in the performance of their functions or to another Public Interest Monitor. (3) A person who is or was a Public Interest Monitor or a person assisting or who assisted 25 a Public Interest Monitor is not compellable to disclose information obtained, or that came to the person's knowledge, in the course of or as a result of performing his or her functions or assisting a Public Interest 571542B.I-16/9/2014 30 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 4--Public Interest Monitor Act 2011 s. 49 Monitor in any proceedings before a court, board, commission or tribunal.". 49 New section 17A inserted--Immunity After section 17 of the Public Interest Monitor 5 Act 2011 insert-- "17A Immunity (1) A Public Interest Monitor is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith-- 10 (a) in the performance of a function or the exercise of a power under this Act; or (b) in the reasonable belief that the act or omission was in the course of the performance of a function or the 15 exercise of a power under this Act. (2) Any liability resulting from an act or omission that, but for subsection (1), would attach to a Public Interest Monitor attaches instead to the State.". __________________ 20 571542B.I-16/9/2014 31 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 5--Amendments to other Acts s. 50 PART 5--AMENDMENTS TO OTHER ACTS 50 Amendment of section 19A of the Audit Act 1994-- Mandatory notification of corrupt conduct to IBAC For section 19A(1) of the Audit Act 1994 5 substitute-- "(1) Subject to Directions issued under section 57A of the Independent Broad- based Anti-corruption Commission Act 2011, the Auditor-General must notify the 10 IBAC of any matter that the Auditor-General suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Auditor-General becomes aware in the performance of 15 functions or the exercise of powers under this Act or any other Act.". 51 Amendment of section 20A of the Audit Act 1994-- Improper use of information After section 20A(3) of the Audit Act 1994 20 insert-- "(4) Subsection (1) does not apply to the provision or disclosure of information by the Auditor-General in accordance with section 16F or 19C.". 25 52 Amendment of section 61 of the Commission for Children and Young People Act 2012--Mandatory notification of corrupt conduct to IBAC For section 61(1) of the Commission for Children and Young People Act 2012 30 substitute-- "(1) Subject to Directions issued under section 57A of the Independent Broad- based Anti-corruption Commission Act 2011, the Commission must notify the IBAC 35 of any matter that the Commission suspects 571542B.I-16/9/2014 32 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 5--Amendments to other Acts s. 53 on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Commission becomes aware in the performance of functions or the exercise of 5 powers under this Act or any other Act.". 53 Amendment of section 19A of the Electoral Act 2002--Mandatory notification of corrupt conduct to IBAC For section 19A(1) of the Electoral Act 2002 10 substitute-- "(1) Subject to Directions issued under section 57A of the Independent Broad- based Anti-corruption Commission Act 2011, the Electoral Commissioner must 15 notify the IBAC of any matter that the Electoral Commissioner suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Electoral Commissioner becomes aware in 20 the performance of functions or duties or the exercise of powers under this Act or any other Act.". 54 Amendment of section 54C of the Environment Protection Act 1970--Mandatory notification of 25 corrupt conduct to IBAC For section 54C(1) of the Environment Protection Act 1970 substitute-- "(1) Subject to Directions issued under section 57A of the Independent Broad- 30 based Anti-corruption Commission Act 2011, the Chairman must notify the IBAC of any matter that the Chairman suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the 35 Chairman becomes aware in the performance 571542B.I-16/9/2014 33 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 5--Amendments to other Acts s. 55 of functions or duties or the exercise of powers under this Act or any other Act.". 55 Amendment of section 6 of the Legal Aid Act 1978-- Functions and powers 5 In section 6 of the Legal Aid Act 1978-- (a) in subsection (3)(a), for "a prescribed" substitute "the prescribed"; (b) in subsection (4), for "section 82ZI" substitute "section 151". 10 56 Amendment of section 73 of the Public Administration Act 2004--Mandatory notification of corrupt conduct to IBAC For section 73(1) of the Public Administration Act 2004 substitute-- 15 "(1) Subject to Directions issued under section 57A of the Independent Broad- based Anti-corruption Commission Act 2011, the Commissioner must notify the IBAC of any matter that the Commissioner 20 suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Commissioner becomes aware in the performance of functions or duties or the exercise of powers 25 under this Act or any other Act.". 57 Amendment of section 26 of the Protected Disclosure Act 2012--Assessment of disclosure and determination by the IBAC (1) In section 26(1) of the Protected Disclosure Act 30 2012-- (a) in paragraph (c), for "IBAC." substitute "IBAC; or"; 571542B.I-16/9/2014 34 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 5--Amendments to other Acts s. 58 (b) after paragraph (c) insert-- "(d) a disclosure is made or notified to the IBAC in accordance with any other Act.". 5 (2) For section 26(2) of the Protected Disclosure Act 2012 substitute-- "(2) The IBAC-- (a) must assess whether, in its view, a disclosure specified in subsection 10 (1)(a), (b) or (c) is a protected disclosure; (b) may assess whether, in its view, a disclosure specified in subsection (1)(d) is a protected disclosure.". 15 58 Amendment of section 37G of the Racing Act 1958--Mandatory notification of corrupt conduct to IBAC For section 37G(1) of the Racing Act 1958 substitute-- 20 "(1) Subject to Directions issued under section 57A of the Independent Broad- based Anti-corruption Commission Act 2011, the Racing Integrity Commissioner must notify the IBAC of any matter that the 25 Racing Integrity Commissioner suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Racing Integrity Commissioner becomes aware in the performance of functions or the 30 exercise of powers under this Act or any other Act.". 571542B.I-16/9/2014 35 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 5--Amendments to other Acts s. 59 59 Amendment of section 20A--Surveillance Devices Act 1999--Revocation of surveillance device warrant In section 20A(4) of the Surveillance Devices 5 Act 1999, after "magistrate" insert "or the chief officer of the law enforcement agency". 60 Amendment of section 613 of the Workplace Injury Rehabilitation and Compensation Act 2013-- Mandatory notification of corrupt conduct to IBAC 10 For section 613(1) of the Workplace Injury Rehabilitation and Compensation Act 2013 substitute-- "(1) Subject to Directions issued under section 57A of the Independent Broad- 15 based Anti-corruption Commission Act 2011, the Chief Executive Officer of the Authority must notify the IBAC of any matter that the Chief Executive Officer of the Authority suspects on reasonable grounds 20 involves corrupt conduct occurring or having occurred, of which the Chief Executive Officer of the Authority becomes aware in the performance of functions or the exercise of powers under this Act or any other Act.". __________________ 25 571542B.I-16/9/2014 36 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Part 6--Repeal of Amending Act s. 61 PART 6--REPEAL OF AMENDING ACT 61 Repeal of amending Act This Act is repealed on the first anniversary of the day on which it comes into operation. 5 Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 571542B.I-16/9/2014 37 BILL LA INTRODUCTION 16/9/2014
Integrity Legislation Amendment Bill 2014 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571542B.I-16/9/2014 38 BILL LA INTRODUCTION 16/9/2014