Victorian Numbered Acts

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PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 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

           Division 1--Information that may be disclosed in accordance with this Part

   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  
           Division 2--How and to whom a disclosure may be made under this Part
   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  
   17.     Disclosures relating to the IBAC or an IBAC Officer  
   18.     Disclosures relating to a member of police personnel (other than the Chief Commissioner of Police)  
   19.     Disclosures relating to members of Parliament or Ministers of the Crown  

           Division 3--Disclosures to which protected disclosure scheme does not apply

   20.     Disclosures not made in accordance with Division 2  

   PART 3--NOTIFICATION AND ASSESSMENT OF DISCLOSURES

           Division 1--Notifications

   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  
           Division 2--Assessment of disclosure and determination of whether disclosure is a protected disclosure complaint
   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

           Division 1--Guidelines and procedures

   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 and the Ombudsman  
   63.     Recommendation following review by the Victorian Inspectorate  
           Division 2--Guidelines and procedures relating to the Presiding Officers
   64.     Guidelines  
   65.     Presiding Officer may establish procedures  

           Division 3--Advisory role

   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

           Division 1--Offences and proceedings

   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  
           Division 2--Miscellaneous
   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  
   80.     Regulations dealing with transitional matters  

   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  

   PART 13--REPEAL AND AMENDMENT OF OTHER ACTS

           Division 1--Repeal of Whistleblowers Protection Act 2001

   83.     Repeal  
           Division 2--Independent Broad-based Anti-corruption Commission Act 2011
   84.     Definitions  
   85.     New section 3D inserted  
   86.     Functions of the IBAC  
   87.     Unauthorised disclosures  
   88.     Disclosure of information by the IBAC  
   89.     Confidentiality notices  
   90.     Disclosure subject to confidentiality notice  
   91.     Complaints and disclosures from detained persons  
   92.     Withdrawal of complaint  
   93.     Notice of dismissal, investigation or referral of complaint or notification  
   94.     New section 46A inserted  
   95.     When certain complaints or notifications to the IBAC are dismissed  
   96.     Referral of complaint or notification for investigation by another person or body  
   97.     Examinations generally to be held in private  
   98.     Actions to be taken before questioning of a witness or requiring production of a document or other thing  
   99.     New section 82PA inserted  
   100.    Privilege against self-incrimination abrogated for certain offences against the Protected Disclosure Act 2012  
   101.    Recommendations  
   102.    The IBAC may request the Chief Commissioner of Police to take certain actions  
   103.    Special reports  
   104.    Advice to a complainant and other persons  
   105.    Matters to be included in annual report  

           Division 3--Victorian Inspectorate Act 2011

   106.    Definitions  
   107.    New section 3A inserted  
   108.    Functions of the Victorian Inspectorate  
   109.    Unauthorised disclosures  
   110.    Victorian Inspectorate may provide or disclose information for specified purposes  
   111.    Restrictions on compelling production or disclosure  
   112.    Confidentiality notice  
   113.    Disclosure subject to confidentiality notice  
   114.    Investigation of complaint  
   115.    New section 30A inserted  
   116.    Actions to be taken before questioning of a witness or requiring production of a document or other thing  
   117.    New section 33LA inserted  
   118.    Privilege against self-incrimination abrogated for certain offences against the Protected Disclosure Act 2012  
   119.    New section 35G inserted  
   120.    Special reports  
   121.    Advice to a complainant  
   122.    Matters to be included in annual report  
   123.    Repeal of redundant amendment to Whistleblowers Protection Act 2001  

           Division 4--Police Regulation Act 1958

   124.    Definitions  
   125.    Breaches of discipline  
   126.    Testing of members in certain circumstances  
   127.    Chief Commissioner may have regard to evidence in certain circumstances  
   128.    Admissibility of test result in certain proceedings  
   129.    Annual report of Chief Commissioner must include matters related to protected disclosures  
   130.    Making of complaints  
   131.    New section 86LA substituted  
   132.    Complaints made to a member of the force  
   133.    New Part IVB inserted  
   134.    Retention and return of seized things  
   135.    Magistrates' Court may extend 6 month period  
   136.    Things seized may be used in connection with investigations into conduct  
   137.    Police reservists are police personnel for the purposes of new Part IVB  
   138.    Protective services officers are police personnel for the purposes of new Part IVB  
   139.    Restricting access to information about protected disclosures complaints and identity of makers of protected disclosures  
   140.    Regulations for the purposes of new Part IVB  

           Division 5--Safe Drinking Water Act 2003

   141.    Officer to report known or suspected contamination  
   142.    New Division 3 of Part 3 inserted  

           Division 6--Parliamentary Committees Act 2003

   143.    IBAC Committee  

           Division 7--Ombudsman Act 1973

   144.    Definitions  
   145.    Section 13AAA inserted  
   146.    Other functions of Ombudsman  
   147.    Conducting of enquiries  
   148.    Division 1A of Part IV inserted  
   149.    What are referred complaints and referred matters?  
   150.    Notification to Victorian Inspectorate  
   151.    Application of Division  
   152.    Disclosure of information by the Ombudsman  
   153.    Procedure relating to investigations  
   154.    Investigation powers and privileges  
   155.    Legal advice and representation  
   156.    Further provisions relating to appearances  
   157.    Deliberations of Ministers and Parliamentary committees not to be disclosed  
   158.    New sections 19A to 19D inserted  
   159.    Entry of premises  
   160.    Procedure on completion of investigation  
   161.    New section 23A inserted  
   162.    Complainant to be informed of result of investigation  
   163.    Annual and other reports to Parliament  
   164.    Content of reports  
   165.    Persons who receive proposed or draft reports or information in them  
   166.    Unauthorised disclosure  
   167.    Confidentiality notice  
   168.    Disclosure subject to confidentiality notice  
   169.    Oversight by Accountability and Oversight Committee  
   170.    New Division 3 of Part VA inserted  
   171.    Application to Supreme Court  
   172.    Evidence  
   173.    Amendment to Schedule 2  

           Division 8--Repeal of amending Part

   174.    Repeal of amending Part  
           SCHEDULE 1
           ENDNOTES


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