LOCAL GOVERNMENT ACT 2020 - SECT 193 Confidentiality notice
LOCAL GOVERNMENT ACT 2020 - SECT 193
Confidentiality notice(1) If, during an investigation on a public interest complaint, the Chief Municipal Inspector considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice—
(a) an investigation by the IBAC or the Victorian Inspectorate; 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 Chief Municipal Inspector must issue a confidentiality notice in respect of the 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.
(2) A confidentiality notice must—
(a) be in the prescribed form; and
(b) specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued; and
(c) include a copy of the provisions of subsections (3) to (7) and sections 194 and 196 and an explanation of the effect of those provisions; and
(d) include a statement—
(i) advising the person to whom the confidentiality notice is issued that additional obligations under the Public Interest Disclosures Act 2012 relating to confidentiality may apply to the person; and
(ii) directing the person to the provisions of that Act which impose those obligations.
(3) If at any time the Chief Municipal Inspector considers on reasonable grounds that it is necessary to restrict disclosure of a different restricted matter from any of those specified in a confidentiality notice in respect of a particular investigation to ensure that the disclosure would not be likely to have the effect specified in subsection (1)(a), (b) or (c), the Chief Municipal Inspector 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 investigation under subsection (1).
(4) If at any time the Chief Municipal Inspector considers on reasonable grounds that disclosure of a particular restricted matter specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a), (b) or (c), the Chief Municipal Inspector 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 investigation under subsection (1).
(5) If at any time the Chief Municipal Inspector considers on reasonable grounds that disclosure of the restricted matter or restricted matters specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a), (b) or (c), the Chief Municipal Inspector must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice.
(6) At the conclusion of an investigation in respect of which a confidentiality notice was issued, the Chief Municipal Inspector must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless—
(a) the Chief Municipal Inspector has applied for an order under section 194 extending the confidentiality notice and the application has not been determined; or
(b) the Supreme Court has made an order under section 194 extending the confidentiality notice; or
(c) the confidentiality notice has already been cancelled under subsection (3), (4) or (5) or section 194(3).
(7) 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 Chief Municipal Inspector issues a notice cancelling the confidentiality notice under subsection (3), (4), (5) or (6) or section 194(3);
(b) the date specified in an order under section 194 extending the confidentiality notice.
S. 193(8) amended by No. 11/2021 s. 152(1).
(8) A confidentiality notice under subsection (1) or a notice cancelling a confidentiality notice under subsection (3), (4), (5) or (6) may be issued to a person by serving a copy on the person in accordance with subsection (9).
S. 193(9) inserted by No. 11/2021 s. 152(2).
(9) For the purposes of this section and section 194, a confidentiality notice or a notice cancelling a confidentiality notice may be served on a natural person by—
(a) serving a copy of the document on the person personally; 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
(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 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 apparently employed at that place and who is apparently at least 18 years of age; or
(f) delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or
(g) 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.
S. 193(10) inserted by No. 11/2021 s. 152(2).
(10) For the purposes of subsection (9), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of that other person.
S. 193(11) inserted by No. 11/2021 s. 152(2).
(11) For the purposes of subsection (9)(c) and (g), the receipt of a document may be confirmed by any form of electronic communication.