INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 163 Advice to a complainant and other persons
INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 163
Advice to a complainant and other persons(1) Subject to subsection (4), the IBAC may provide a complainant with information about the results of an investigation including—
(a) any action taken by the IBAC; and
(b) any recommendation by the IBAC that any 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—
S. 163(2)(a) amended by No. 37/2014 s. 10(Sch. item 85.28(a)).
(a) a corrupt conduct complaint or police personnel conduct complaint in relation to a police officer or protective services officer; or
S. 163(2)(b) amended by No. 2/2019 s. 57(Sch. 1 Pt A item 19(a)).
(b) a public interest complaint.
S. 163(3) amended by No. 30/2016 s. 42(1)(a).
(3) Subject to subsections (4) and (5), the IBAC may provide information about the commencement, conduct or results of an investigation, including any action taken and any recommendation that any action or further action be taken, to one or more of the following—
S. 163(3)(a) amended by No. 30/2016 s. 42(1)(b).
(a) the relevant principal officer or any other appropriate senior officer;
(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) amended by No. 37/2014 s. 10(Sch. item 85.28(b)).
(d) prejudice an investigation under this Act or an investigation by Victoria Police; or
(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) amended by No. 2/2019 s. 57(Sch. 1 Pt A item 19(b)).
(6) However, the IBAC may provide information under subsection (3) to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.
(7) This section does not apply to a police personnel conduct complaint if—
S. 163(7)(a) amended by Nos 37/2014 s. 10(Sch. item 85.28(c)), 2/2019 s. 57(Sch. 1 Pt A item 19(c)).
(a) the complaint has been investigated as a public interest complaint under Part 10 of the Victoria Police Act 2013 ; and
(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.
S. 163(9) inserted by No. 30/2016 s. 42(2).
(9) For the purposes of this section," senior officer" means a person who holds a position or is a member of a class of positions that is prescribed for the purposes of this section.
S. 164 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)), amended by No. 82/2012 s. 21 (ILA s. 39B(1)), amended by Nos 28/2012 s. 23, 82/2012 s. 21.