PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 3 Definitions

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 3

In this Act—

"acting coroner" means—

        (a)     a coroner appointed under the Coroners Act 1985 (as in force before the commencement of the Coroners Act 2008 ) who is not a judge of the County Court, a magistrate or an acting magistrate; or

        (b)     a person appointed under section 94 of the Coroners Act 2008 ;

"assessable disclosure" means—

        (a)     a disclosure that, under section 21(2), must be notified to the IBAC; or

        (b)     a disclosure that, under section 21(3), may be notified to the IBAC; or

        (c)     a disclosure that, under section 36(2), must be notified to the IBAC; or

        (d)     a disclosure made in accordance with Division 2 of Part 2 directly to the IBAC; or

        (e)     a disclosure made in accordance with Division 2 of Part 2 to the Victorian Inspectorate under section 17; or

        (f)     a police complaint disclosure that, under section 22, must be notified to the IBAC; or

        (g)     a police complaint disclosure made directly to the IBAC;

"Australian legal practitioner" has the same meaning as it has in the Legal Profession Act 2004 ;

"Chief Commissioner of Police" means the Chief Commissioner of Police appointed under Part I of the Police Regulation Act 1958 ;

corrupt conduct has the meaning given by section 3A of the Independent Broad-based Anti-corruption Commission Act 2011 ;

"Council" has the same meaning as it has in section 3(1) of the Local Government Act 1989 ;

"Councillor" has the same meaning as it has in section 3(1) of the Local Government Act 1989 ;

"detrimental action" includes—

        (a)     action causing injury, loss or damage;

        (b)     intimidation or harassment;

        (c)     discrimination, disadvantage or adverse treatment in relation to a person's employment, career, profession, trade or business, including the taking of disciplinary action;

"IBAC" means the Independent Broad-based Anti-corruption Commission established under section 6 of the Independent Broad-based Anti-corruption Commission Act 2011 ;

"IBAC Officer" has the same meaning as it has in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011 ;

improper conduct has the meaning given by section 4 ;

"investigating entity" means—

        (a)     the IBAC;

        (b)     the Chief Commissioner of Police;

        (c)     the Ombudsman;

        (d)     the Victorian Inspectorate;

"judicial officer "means the following—

        (a)     a Judge of the Supreme Court;

        (b)     an Associate Judge of the Supreme Court;

        (c)     an acting Judge of the Supreme Court;

        (d)     a Judge or an acting Judge of the Supreme Court who is appointed or assigned to VCAT;

        (e)     a judge of the County Court;

        (f)     an associate judge of the County Court;

        (g)     an acting judge of the County Court;

        (h)     a judge or an acting judge of the County Court who is appointed or assigned to VCAT;

              (i)     a magistrate of the Magistrates' Court;

        (j)     an acting magistrate of the Magistrates' Court;

        (k)     a magistrate or an acting magistrate who is appointed or assigned to the Coroners Court, the Children's Court or VCAT;

        (l)     an acting coroner;

        (m)     a judicial registrar;

"judicial registrar" means a judicial registrar of the Supreme Court, the County Court, the Magistrates' Court, the Children's Court or the Coroners Court;

"Ombudsman" means the person appointed as the Ombudsman under section 3 of the Ombudsman Act 1973 ;

"Ombudsman officer" has the same meaning as it has in section 2(1) of the Ombudsman Act 1973 ;

police complaint disclosure has the meaning given by section 5;

"police force" means—

        (a)     the Chief Commissioner of Police;

        (b)     a Deputy Commissioner of Police or an Assistant Commissioner of Police appointed under Part I of the Police Regulation Act 1958 ;

        (c)     any other member of the force within the meaning of section 3(1) of the Police Regulation Act 1958 ;

        (d)     police reservists appointed under Part VI of the Police Regulation Act 1958 ;

        (e)     protective services officers appointed under Part VIA of the Police Regulation Act 1958 ;

"police personnel" means—

        (a)     a member of the police force;

        (b)     an executive or employee employed under Part 3 of the Public Administration Act 2004 in the office of the Chief Commissioner of Police;

        (c)     a police recruit appointed under section 8A of the Police Regulation Act 1958 ;

"Presiding Officer" means—

        (a)     the Speaker of the Legislative Assembly; or

        (b)     the President of the Legislative Council;

"protected disclosure" means—

        (a)     a disclosure made in accordance with Part 2; or

        (b)     a complaint made in accordance with section 86L(2A) of the Police Regulation Act 1958 ;

"protected disclosure complaint" means—

        (a)     a disclosure that has been determined under section 26 to be a protected disclosure complaint; or

        (b)     a disclosure that has been determined under section 31 to be a protected disclosure complaint;

public body has the meaning given by section 6;

"Public Interest Monitor" has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011 ;

public officer has the meaning given by section 6;

public sector has the meaning given by section 6;

"Special Investigations Monitor" means the Special Investigations Monitor appointed under section 5 of the Major Crime (Special Investigations Monitor) Act 2004 ;

"VAGO officer" has the same meaning as it has in section 3(1) of the Audit Act 1994 ;

"Victorian Inspectorate" has the same meaning as it has in section 3(1) of the Victorian Inspectorate Act 2011 ;

"Victorian Inspectorate Officer" has the same meaning as it has in section 3(1) of the Victorian Inspectorate Act 2011 .