INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011
Table of Provisions
PART 1--PRELIMINARY[1]
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 Corrupt conduct
- 5 Meaning of police personnel conduct, police personnel conduct complaint and police personnel misconduct
- 6 Definitions of public body, public officer and public sector
- 7 Public interest complaint taken to be complaint
- 8 Objects of Act
- 9 Act binds the Crown
- 10 Application of Act
- 11 Conduct occurring before the commencement of this section
- 11A Determination of matter previously considered by the IBAC
PART 2--THE IBAC
Division 1--Constitution and staff
- 12 Establishment of the IBAC
- 13 The IBAC is a body corporate
- 14 Constitution of the IBAC
- 15 Functions of the IBAC
- 16 Powers of the IBAC
- 18 IBAC not subject to direction or control
- 19 Independence of the Commissioner
- 20 Appointment of the Commissioner
- 21 Veto of proposed Commissioner
- 22 Duties, functions and powers of the Commissioner
- 23 Deputy Commissioners
- 24 Terms and conditions
- 24A Pension entitlements of Commissioner, partner and eligible children
- 24B Salary sacrifice
- 24C Appropriation of Consolidated Fund
- 25 Vacancy and resignation—office of the Commissioner
- 26 Suspension and removal from office of the Commissioner
- 27 Vacancy and resignation—office of Deputy Commissioner
- 28 Removal from office of a Deputy Commissioner
- 29 Declaration of inability to act
- 30 Acting appointment
- 31 Oath or affirmation of office
- 32 Delegations
- 33 Chief Executive Officer
- 34 Oath or affirmation of office by Chief Executive Officer or acting Chief Executive Officer
- 35 Staff
- 36 Consultants
- 37 Oath or affirmation by staff and consultants
- 38 Obligation on staff employed or engaged under section 35 or persons engaged under section 36 not to make public comment
- 39 Obligation to avoid actual or perceived conflicts of interest
Division 2--Disclosure by the IBAC
- 40 Unauthorised disclosures or provision of information
- 41 Disclosure or provision of information by the IBAC
Division 3--Confidentiality notices
- 42 Confidentiality notice
- 43 IBAC to provide Victorian Inspectorate with copies
- 44 Disclosure subject to confidentiality notice
Division 4--Protection of persons and documents
- 45 Who is a protected person?
- 46 What is a protected document or other thing?
- 47 Protected documents and other things in proceedings, processes or actions other than criminal proceedings
- 48 Production and inspection of protected documents and things in criminal proceedings
- 49 Court may appoint special counsel to represent party
- 50 Compellability of protected persons as witnesses
PART 3--INVESTIGATIONS
Division 1--Complaints to the IBAC
- 51 Complaints to the IBAC about corrupt conduct
- 52 Police personnel conduct complaints to the IBAC
- 53 Complaint to be in writing
- 54 Complaint from detained person
- 55 Withdrawal of complaint
Division 2--Information and notifications to the IBAC
- 56 The IBAC may receive information
- 57 Notifications to the IBAC
- 57A Directions
- 57B Exemption notice
Division 3--IBAC obligations in relation to complaints and notifications to the IBAC
- 58 IBAC must dismiss, investigate or make referral
- 58A IBAC may defer decision pending investigation by other person or body
- 59 Notice of dismissal, investigation or referral of complaint or notification
Division 3A--Preliminary inquiries
- 59A IBAC may conduct preliminary inquiry
- 59B IBAC may conduct a preliminary inquiry as to own motion investigation
- 59C Parts 3 and 4 do not apply
- 59D Power to request information
- 59E Power to issue witness summons
- 59F Content and form of witness summons
- 59G IBAC to report to Victorian Inspectorate on issue of witness summonses
- 59H Witness summons directed to person under 16 years
- 59I Service of witness summons
- 59J Supreme Court may order service by other means
- 59K Actions to be taken before requiring production of a document or other thing
- 59L Procedure for determining claims of privilege or claims of a secrecy requirement
- 59M Application to Supreme Court to determine privilege or application of secrecy requirement
- 59N Determination of claim
- 59O Offence for summoned witness to fail to produce document or other thing
- 59P Prohibitions applying to the IBAC
Division 4--Carrying out investigations
- 60 Conducting investigations about corrupt conduct
- 61 Conducting investigations about conduct of judicial officers
- 62 Findings about judicial officers not to be included in special or annual reports
- 63 The IBAC must dismiss certain complaints or notifications to the IBAC about judicial officers
- 64 Conducting investigations about police personnel conduct
- 65 Conduct of Chief Commissioner of Police, Deputy Commissioner of Police or Assistant Commissioner of Police
- 66 Conducting investigations into public interest complaints about detrimental action
- 67 Complaints or notifications to the IBAC that do not warrant investigation
- 68 When certain complaints or notifications to the IBAC are dismissed
- 69 Discontinuance of investigation
- 70 Investigation when other proceedings on foot
- 71 The IBAC to disclose to Victorian Inspectorate complaint or notification involving conduct of the IBAC or IBAC Officers
- 72 The IBAC may conduct coordinated investigations
Division 5--Referrals
- 73 Referral of complaint or notification for investigation by another person or body
- 73A Referral of public interest complaints to other investigating entities
- 74 Referrals to prosecutorial bodies
- 74A Referrals to the Judicial Commission
- 75 Referrals to prosecutorial bodies for advice
- 76 Consultation prior to referral
- 77 Information to be provided with referral
- 78 Provision to the IBAC of information about referred complaint or notification
- 79 Withdrawal of referred complaint or notification
- 80 Notice of withdrawal of referral
PART 4--INVESTIGATIVE POWERS
Division 1--Authorised officers
- 81 Appointment of authorised officers
- 82 Identity cards
- 83 Production of identity card
Division 2--Additional powers--conduct of police
- 84 Power to require police to give information and documents and answer questions
Division 3--Entry, search and seizure--police personnel premises
- 85 The Commissioner must authorise use of powers under this Division
- 86 Power to enter police personnel premises
- 87 Power to seize documents or things at police personnel premises
- 88 Copies of, access to or receipt for documents or other things seized
- 89 Application for return of things seized
- 90 Return of things seized from police personnel premises
Division 4--Search warrant powers
- 91 Search warrant
- 92 Procedure for executing search warrant
- 93 Copies or receipts to be given for documents or other things
- 94 Return of documents and other things
- 95 Assistance in executing search warrants
- 96 Police must provide reasonable assistance
- 97 Privilege claims in relation to search warrants
Division 5--Privilege
- 98 Certain privileges abrogated in relation to police personnel and other public officers
- 99 Journalist privilege does not apply
- 100 Application to Supreme Court to determine privilege
- 101 Determination of privilege claims
- 101A Access to Royal Commission records
PART 5--DEFENSIVE EQUIPMENT AND FIREARMS
- 102 Authorisation to possess, carry and use defensive equipment for investigating certain police personnel conduct
- 103 Authorisation to possess, carry and use defensive equipment for investigating possible corrupt conduct
- 104 Authorisation to possess, carry and use defensive equipment for training purposes
- 105 Authorisation to acquire, store and maintain defensive equipment
- 106 Authorisation to possess, carry and use firearms for investigating certain police personnel conduct
- 107 Authorisation to possess, carry and use firearms for investigating possible corrupt conduct
- 108 Authorisation to possess, carry and use firearms for training purposes
- 109 Authorisation to acquire, dispose of, store and maintain firearms
- 110 Senior IBAC Officer must not contravene conditions of authorisation
- 111 The IBAC to notify Chief Commissioner of Police of acquisition or disposal of firearms
- 112 Storage of firearms
- 113 Storage of cartridge ammunition
- 114 Requirement to notify Chief Commissioner of Police of loss, theft or destruction
PART 6--EXAMINATIONS
Division 1--Examinations
- 115 Power to hold examinations
- 116 Conduct of examinations
- 117 Examinations generally to be held in private
- 118 Offence to be present at examination
- 119 The IBAC may give directions
- 119A Appearance at public examination by interested party
- 120 Witness summons
- 121 Content and form of witness summons
- 122 IBAC to report to Victorian Inspectorate on issue of witness summonses
- 123 Witness summons directed to person under 16 years
- 124 Service of witness summons
- 125 Supreme Court may order service by other means
- 126 Witness already held in custody
- 127 Legal representation of witnesses and other persons
- 128 IBAC to inform Victorian Inspectorate of direction in relation to specified Australian legal practitioner
- 129 Specific provisions relating to witnesses
- 129A The IBAC may issue suppression order
- 130 Actions to be taken before questioning of a witness or requiring production of a document or other thing
- 131 Witness attending examination in relation to investigation of public interest complaint to be informed of confidentiality obligations
- 132 Power to examine on oath or affirmation
- 132A Cross-examination of witness
- 133 Video recording of examination
- 134 IBAC to give copy of video recording and any transcript to Victorian Inspectorate
- 135 Offence for summoned witness to fail to attend examination
- 136 Offence for summoned witness to refuse or fail to answer question
- 137 Offence for summoned witness to fail to produce document or other thing
- 138 Offence to fail to take oath or make affirmation
Division 2--Arrest for failure to appear
- 139 Warrant to arrest witness who fails to appear
- 140 Bail for person arrested
- 141 Person held in custody
Division 2A--Warrant to arrest for likely failure to comply with witness summons in certain circumstances
- 141A Warrant to arrest potential witness who has not yet been summoned
- 141B Warrant to arrest witness to whom a witness summons has been issued but not served
- 141C Warrant to arrest witness to whom a witness summons has been issued and served
- 141D Matters relating to an arrest warrant issued under section 141A(2), 141B(2) or 141C(2)
- 141E Arrest warrant under section 141A, 141B or 141C may be granted by telephone or audio visual link in certain circumstances
- 141F Person arrested must be brought before the Supreme Court or Magistrates' Court
Division 2B--General provisions in respect of arrest warrant issued under Division 2 or 2A
- 141G Person arrested under arrest warrant issued under Division 2 or 2A to be given opportunity to seek legal advice or legal representation
- 142 Report to Victorian Inspectorate on issue of arrest warrant
Division 3--Privileges and secrecy provisions applying to examinations
- 143 Privileges and secrecy generally
- 144 Privilege against self-incrimination abrogated—witness summons
- 145 Journalist privilege does not apply
- 146 Procedure for determining claims of privilege or claims of a secrecy requirement
- 147 Application to Supreme Court to determine privilege or application of secrecy requirement
- 148 Determination of claim
- 149 Protection of legal practitioners and witnesses
Division 4--Assistance for witnesses
Division 5--Contempt
- 152 Contempt of the IBAC
- 153 Charging and arresting a person for contempt
- 154 Report to Victorian Inspectorate on issue of arrest warrants
- 155 Bail pending court appearance for contempt
- 156 Custody pending court appearance for contempt
- 157 Supreme Court to deal with contempt
- 158 Act or omission constituting both an offence and contempt
PART 7--RECOMMENDATIONS, ACTIONS AND REPORTS
- 159 Recommendations
- 160 The IBAC may request the Chief Commissioner of Police to take certain actions
- 161 Actions by Chief Commissioner of Police
- 162 Special reports
- 162A Advance copy of report to the Parliament
- 163 Advice to a complainant and other persons
- 164 Outcome of investigation
- 165 Matters to be included in annual report
- 166 Persons who receive reports or information prior to publication
PART 8--BUDGET, ANNUAL PLAN AND PERFORMANCE AUDIT
- 167 Budget
- 168 Annual plan
- 169 Transmission of annual plan to Parliament
- 170 Independent performance audit
- 170A Report of independent performance auditor
PART 9--GENERAL
Division 1--Alcohol and drug testing of IBAC Officers
- 171 Application of Division
- 172 Alcohol and drug testing of IBAC Officers
- 173 The IBAC may have regard to evidence in certain circumstances
- 174 Taking a sample when an IBAC Officer is unconscious or otherwise unable to comply with direction
- 175 Admissibility of test result in certain proceedings
- 176 Handling and confidentiality of test results
- 177 Offence to disclose identifying information
- 178 No action against registered medical practitioner or approved health professional
Division 2--Offences and proceedings
- 179 Offence to impersonate IBAC Officer
- 180 Offence to hinder or obstruct an IBAC Officer
- 181 Compliance with direction or requirement
- 182 Statement which is false or misleading
- 183 Disclosure of transferred restricted matter
- 184 Offence to disclose certain information received from the IBAC
- 185 Criminal liability of officers of bodies corporate—accessorial liability
- 186 Maximum fine for body corporate
- 187 Responsible agency for the Crown
- 188 Proceedings against successors to public bodies
- 189 Power to bring proceedings
- 190 Power for the IBAC to bring criminal proceedings
- 191 Service of document
- 192 Validity and effect of notices, orders and other documents and deemed service
Division 3--Miscellaneous
- 193 Immunity of the IBAC and IBAC Officers
- 194 Exemption from Freedom of Information Act 1982
- 194A Act applies equally to attendance in person or by audio or audio visual link
- 195 Regulations
- 196 Regulations—specific matters
- 198 Schedule