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PROTECTED DISCLOSURE ACT 2012


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of improper conduct  
   5.      Meaning of police complaint disclosure  
   6.      Definitions of public body, public officer and public sector  
   7.      Other protections preserved  
   8.      Act binds the Crown  

   PART 2--DISCLOSURES

   9.      Disclosure of improper conduct or detrimental action  
   10.     Not necessary to identify person or body to whom disclosure relates  
   11.     Complaints, notifications and disclosures under other Acts may be disclosures  
   12.     How a disclosure may be made  
   13.     Entities to which disclosures must be made  
   14.     Disclosures that must be made to the IBAC  
   15.     Disclosures that must be made to the IBAC or the Victorian Inspectorate  
   16.     Disclosures that must be made to the IBAC or the Ombudsman  
   16A.    Disclosures that must be made to the IBAC or the Judicial Commission  
   17.     Disclosures relating to the IBAC or an IBAC Officer  
   18.     Disclosures relating to a member of Victoria Police personnel (other than the Chief Commissioner of Police)  
   19.     Disclosures relating to members of Parliament or Ministers of the Crown  
   20.     Disclosures not made in accordance with Division 2  

   PART 3--NOTIFICATION AND ASSESSMENT OF DISCLOSURES

   21.     Notification of disclosure to the IBAC by other entities  
   22.     Chief Commissioner of Police must notify police complaint disclosures to the IBAC  
   23.     Provision of other information to the IBAC  
   24.     Advice to person making disclosure to entity other than a Presiding Officer  
   25.     Advice to person making disclosure to a Presiding Officer  
   26.     Assessment of disclosure and determination by the IBAC  
   27.     Advice to notifying entity  
   28.     Disclosure determined to be a protected disclosure complaint—advice to person who made disclosure  
   29.     Disclosure determined not to be a protected disclosure complaint—advice to person who made disclosure  
   30.     Advice regarding alternative procedures for dealing with disclosure  
   31.     Assessment of disclosure and determination by the Victorian Inspectorate  

   PART 4--DISCLOSURES DETERMINED TO BE PROTECTED DISCLOSURE COMPLAINTS

   32.     Disclosure determined by the IBAC to be a protected disclosure complaint  
   33.     Disclosure determined by the Victorian Inspectorate to be a protected disclosure complaint  

   PART 5--NOTIFICATION OF RELATED DISCLOSURES MADE IN COURSE OF INVESTIGATION

   34.     Related disclosures  
   35.     Related disclosure made by person who made protected disclosure complaint  
   36.     Related disclosure made by other person  
   37.     Related disclosure notified to the IBAC  

   PART 6--PROTECTION OF PERSON MAKING PROTECTED DISCLOSURE

   38.     Application of Part  
   39.     Immunity from liability  
   40.     Confidentiality provisions do not apply  
   41.     Protection from defamation action  
   42.     Liability for own conduct  
   43.     Detrimental action in reprisal for protected disclosure  
   44.     Management action not prevented  
   45.     Protection from reprisal  
   46.     Order for damages or reinstatement  
   47.     Proceedings for damages for reprisal  
   48.     Vicarious liability of public body  
   49.     Injunction or order  
   50.     Application for injunction or order  
   51.     Transfer of employee  

   PART 7--CONFIDENTIALITY OF DISCLOSURES

   52.     Content of assessable disclosure must not be disclosed  
   53.     Identity of person making assessable disclosure must not be disclosed  
   54.     Circumstances in which information may be disclosed  

   PART 8--FUNCTIONS AND POWERS OF THE IBAC AND VICTORIAN INSPECTORATE

   55.     Functions and powers of the IBAC  
   56.     Functions and powers of the Victorian Inspectorate  

   PART 9--GUIDELINES, PROCEDURES AND EDUCATION

   57.     Guidelines  
   58.     Procedures—entities required to establish procedures  
   59.     Procedures—requirements  
   60.     Review of procedures  
   61.     Recommendation following review by the IBAC  
   62.     Review of procedures established by the IBAC, the Judicial Commission and the Ombudsman  
   63.     Recommendation following review by the Victorian Inspectorate  
   64.     Guidelines  
   65.     Presiding Officer may establish procedures  
   66.     The IBAC may give advice to the public sector  

   PART 10--REPORTS

   67.     Annual report by the IBAC  
   68.     Annual report by the Victorian Inspectorate  
   69.     Annual report by other investigating entities  
   70.     Annual report by public bodies that are not investigating entities  
   71.     Information likely to lead to identification of person who has made assessable disclosure  

   PART 11--GENERAL

   72.     Offence to make false disclosure or provide false further information  
   73.     Offence to falsely claim disclosure is a protected disclosure or is a protected disclosure complaint  
   74.     Offence to disclose certain advice  
   75.     Power to bring proceedings  
   76.     Protection of public officers  
   77.     Immunity of the IBAC and Victorian Inspectorate and officers  
   78.     Exemption from Freedom of Information Act 1982  
   79.     Regulations  

   PART 12--TRANSITIONAL AND SAVINGS PROVISIONS

   81.     Offence to reveal confidential information obtained or received under the Whistleblowers Protection Act 2001  
   82.     Transitional and savings provisions  
           SCHEDULE 1
           ENDNOTES


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