PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012)
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
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