Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61

Opportunity to be heard before adverse report

61. Opportunity to be heard before adverse report





(1) The Ombudsman must not, in any report under this Part, Part 8 or section
103, make any comment adverse to any person unless that person has been given
an opportunity of being heard in the matter and their defence is fairly set
out in the report.

(1A) For the purposes of subsection (1), the Ombudsman must provide the person
who is subject to the adverse comment with-

   (a)  details of the adverse comment; and

   (b)  either-

   (i)  a copy of the parts of the report that relate to the adverse comment;
        or

   (ii) information about the adverse comment- that would adequately enable
        the person to put forward any defence that the person may want to be
        set out in the report.

(2) Despite subsection (1), the Ombudsman is not required in relation to a
report arising out of an investigation by the Director to-

   (a)  give a person an opportunity to be heard before making a comment
        adverse to the person in the report; or

   (b)  set out the person's defence in the report.

(3) Nothing in subsection (2) prevents the Ombudsman from giving the person an
opportunity to be heard, or setting out the person's defence in the report, if
the Ombudsman so chooses.

Division 3A-Further provisions for investigations by Director