PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 115 New section 30A inserted

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 115

After section 30 of the Victorian Inspectorate Act 2011 insert —

        " 30A     Advice to person who made protected disclosure complaint

    (1)     Subject to subsection (3), the Victorian Inspectorate must advise a person who made a protected disclosure complaint that the protected disclosure complaint will be investigated.

    (2)     Advice provided under subsection (1) must be provided in writing and within a reasonable time after—

        (a)     in the case of a protected disclosure complaint referred to in paragraph (a) of the definition of protected disclosure complaint —the Victorian Inspectorate has determined that the disclosure is a protected disclosure complaint; or

        (b)     in the case of a protected disclosure complaint referred to in paragraph (b) of the definition of protected disclosure complaint —the protected disclosure complaint is received by the Victorian Inspectorate on referral by the IBAC.

    (3)     The Victorian Inspectorate must not provide advice under subsection (1) if the Victorian Inspectorate considers on reasonable grounds that to do so would—

        (a)     not be in the public interest or in the interests of justice; or

        (b)     put a person's safety at risk; or

        (c)     cause unreasonable damage to a person's reputation; or

        (d)     prejudice an investigation by members of the police force, the Victorian Inspectorate or the IBAC; or

        (e)     otherwise contravene any applicable statutory secrecy obligations; or

        (f)     involve the unreasonable disclosure of information relating to the personal affairs of any person.".