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PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 55 Functions and powers of the IBAC

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 55

Functions and powers of the IBAC

    (1)     The main functions of the IBAC under this Act are—

        (a)     to receive, whether directly or by notification from other entities, assessable disclosures; and

        (b)     to assess those disclosures; and

        (c)     to determine whether those disclosures are protected disclosure complaints.

    (2)     In addition, the IBAC has the following functions relating to the protected disclosure scheme established under this Act

        (a)     to issue guidelines for procedures—

              (i)     to facilitate the making of disclosures in accordance with Part 2 (other than disclosures made to the Victorian Inspectorate);

              (ii)     for the handling of those disclosures and, where appropriate, their notification to the IBAC;

              (iii)     for the protection of persons from detrimental action in contravention of section 45;

        (b)     to issue guidelines for the management of the welfare of persons who make protected disclosures or who are otherwise affected by protected disclosures;

        (c)     to provide advice to the public sector on any matter included in the guidelines referred to in paragraphs (a) and (b);

        (d)     to review the procedures established by the public sector under Part 9, other than those established by the Victorian Inspectorate and the Ombudsman, and the implementation of those procedures;

        (e)     to provide information and education about the protected disclosure scheme;

        (f)     to assist the public sector to increase its capacity to comply with the protected disclosure scheme;

        (g)     to provide information to, consult with and make recommendations to the public sector on matters relevant to the operation of the protected disclosure scheme;

        (h)     to undertake research and collect, analyse and report on data and statistics relating to the protected disclosure scheme;

              (i)     to report to Parliament at any time on matters arising from the performance of any of its research and education functions;

        (j)     to perform any other function conferred on the IBAC by or under this Act.

    (3)     The IBAC has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions under this Act.