Integrity and Accountability Legislation Amendment Bill 2012

Amended Print

EXPLANATORY MEMORANDUM

Clause Notes

PART 1—PRELIMINARY

Clause 1 states the main purposes of the Bill.

Clause 2 is the commencement provision.

Part 1 and Divisions 2 and 3 of Part 5 commence on the day after the day on which this Bill receives the Royal Assent.

Clause 153 is taken to have come into operation on 6 March 2012. The section makes two retrospective amendments to the Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012 to clarify aspects of that Act's operation. The amendments are backdated to the date the Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012 received the Royal Assent to enable that legislation to come into operation independently of other integrity legislation.

Clause 153(1) amends section 21 to clarify that the usual onus on an agency to demonstrate that a decision was justified or that VCAT should give a decision adverse to the applicant in section 55(2) will not apply to reviews of decisions of the Freedom of Information Commissioner under section 50(3D). Clause 153(2) expands the scope of a transitional provision to ensure existing rights and obligations are not affected by the substitution of section 51 of the Freedom of Information Act 1982 by section 16 of the Freedom of Information

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Amendment (Freedom of Information Commissioner) Act 2012.

Clause 154 is taken to have come into operation on 18 September 2012. That clause retrospectively amends the commencement provision of the Evidence Amendment (Journalist Privilege) Act 2012 to exclude Parts 5 and 10 of that Act from commencement on its forced commencement date. This will enable amendments in that Act to the Independent Broad-based Anti-corruption Commission Act 2011 ("IBAC Act") and the Victorian Inspectorate Act 2011 ("VI Act") to come into operation at the same time as other amendments made by this Bill so that the amendments occur seamlessly. The amendments are backdated to the date the Evidence Amendment (Journalist Privilege) Act 2012 received the Royal Assent to enable that legislation to come into operation independently of the integrity legislation.

The remaining provisions of the Bill, other than Part 8, commence operation when proclaimed. There is no default commencement date, reflecting that other integrity legislation such as the Independent Broad-based Anti-corruption Commission (Investigative Functions) Act 2012 ("Investigative Functions Act"), the Independent Broad-based Anti-corruption Commission (Examinations) Act 2012 ("Examinations Act") and the Victorian Inspectorate Amendment Act 2012 do not have default commencement dates. There is a need to be able to commence the provisions in this Bill at the same time as other integrity legislation.

Part 8 deals with renumbering. It comes into operation on the day after the day on which the last provision of this Act (other than Part 8) comes into operation.

PART 2—INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011

Clause 3 makes two amendments to section 3(1) of the IBAC Act. The first amendment amends the definition of notification to the IBAC to include notifications made by various bodies to the Independent Broad-based Anti-corruption Commission ("IBAC"). The clause also updates the definition of vessel to clarify that the definition is referable to that contained in the Marine Safety Act 2010.

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Clause 4 amends section 32 of the IBAC Act to extend its operation to consultants and other persons engaged under section 30 of that Act. Section 32 currently prohibits IBAC staff from commenting publicly on the administration of the IBAC Act or the performance of the IBAC's duties and functions and the exercise of its powers.

Clause 5 amends section 33A of the IBAC Act, which deals with unauthorised disclosures by current or former IBAC staff. The amendment clarifies that the section applies to information disclosed or provided to third parties, except in limited circumstances, including for the purposes of criminal proceedings and disciplinary processes or actions brought as a result of IBAC investigations.

Clause 6 amends the heading to section 33B of the IBAC Act to clarify that the provision applies to information provided by IBAC, as well as disclosed.

Clause 7 amends section 33E of the IBAC Act. Subclause (1) omits "cognitive" from section 33E(2)(b)(iii), reflecting that mental impairments will cover cognitive impairments. Subclause (2) inserts "or a professional obligation" into section 33E(2)(d), clarifying that the exemption for disclosures of restricted matters which are subject to a confidentiality notice extends to Australian legal practitioners acting in accordance with their professional obligations.

Clause 8 amends section 40B of the IBAC Act. Subclause (1) clarifies the IBAC's obligations regarding the notification of persons who make complaints or notifications to the IBAC where this could involve unreasonable disclosure of information about the personal affairs of any person. Subclause (2) inserts a new subsection (3) into section 40B of the IBAC Act to require the IBAC to advise persons who are notified of the action taken that it is an offence under new section 101B to disclose that action.

Clause 9 amends section 41 of the IBAC Act, which sets out the circumstances in which the IBAC may conduct an investigation into corrupt conduct. Subclause (1) inserts new section 41(3A) to clarify the circumstances in which the IBAC must not conduct an investigation in relation to conduct occurring before the commencement of section 5B of the IBAC Act.

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Subclauses (2) and (3) are consequential amendments to sections 41 and 47 to give effect to subclause (1).

Clause 10 amends section 49C of the IBAC Act to enable the IBAC to refer certain complaints and notifications to the Racing Integrity Commissioner and the Commission for Children and Young People for investigation.

Clause 11 amends section 49J(2)(e) of the IBAC Act. The amendment clarifies the IBAC's obligations to notify persons and bodies under section 49I of the withdrawal of a referral where this could involve unreasonable disclosure of information about the personal affairs of any person.

Clause 12 makes a minor amendment to section 59(3) of the IBAC Act relating to the making of Supreme Court orders.

Clause 13 omits the words "or order" from the heading to section 82E of the IBAC Act. This reflects that the content of the section deals with directions.

Clause 14 amends sections 82F and 82G of the IBAC Act.

Subclause (1) amends section 82F(2)(b). Section 82F(2) allows the IBAC to issue a witness summons if it is satisfied that it is reasonable to do so, having regard to the evidentiary or intelligence value of what is sought to be obtained from the person, the age of the person and any mental impairment to which he or she is known or believed to be subject. The amendment also corrects a grammatical error in section 82F(4).

Subclause (2) amends section 82G(1)(a) and (c) to clarify that witness summonses must require witnesses to attend an examination to give evidence, or give evidence and produce documents (there is no equivalent requirement if the witness is solely producing documents). Section 82G sets out the form and content of a witness summons.

Subclause (3) amends section 82G(2) to clarify that only witness summonses requiring the giving of evidence are required to state the nature of the proposed questioning.

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Clause 15 amends section 82L(3) of the IBAC Act. Section 82L provides for the attendance of witnesses who are already in custody. If the IBAC issues a witness summons to a person in a prison or a police gaol, it may also give a written direction that the person be delivered into the custody of a member of the police force for the purpose of bringing the person before the IBAC as required by the summons. While a person subject to a direction is absent from the prison or police gaol, the amendment deems the person to be in the legal custody of the member of the police force, and is to be detained in the custody of the member of the police force until excused by the IBAC from attendance.

Clause 16 amends section 82M(6) of the IBAC Act to ensure a person bound by a direction not to seek legal advice or representation from a specified Australian legal practitioner has at least 3 days to obtain legal advice from another Australian legal practitioner, not just obtain representation.

Clause 17 amends section 82O(2) of the IBAC Act to require the IBAC to provide witnesses without sufficient knowledge of English with a competent interpreter, either before the examination commences or during the examination, as the case requires.

Clause 18 amends section 82P of the IBAC Act. Subclause (1) amends section 82P(1)(c) to clarify the IBAC's obligations to inform a witness of his or her rights and obligations prior to or at an examination where the witness is represented by a lawyer. Subclauses (2) and (3) clarify that only a person required to give evidence is required to be notified of the nature of the proposed questioning unless the IBAC forms the opinion it would prejudice an investigation or be contrary to the public interest.

Clause 19 amends section 82ZM(1) of the IBAC Act to clarify that persons can apply for discharge from custody on bail following arrest. Section 82ZM provides for bail for persons detained after being arrested for contempt.

Clause 20 amends section 87 of the IBAC Act. Subclause (1) clarifies that the IBAC is not to notify certain persons such as the complainant, or one or more of a relevant principal officer, responsible Minister or the Premier of the outcome of an investigation if this could involve unreasonable disclosure of information about the personal affairs of another person.

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Subclause (2) inserts a new subsection (8) in section 87 of the IBAC Act to require the IBAC to advise complainants who are notified of the result of an investigation that it is an offence to disclose that information under new section 101B.

Clause 21 amends section 88 of the IBAC Act to clarify that the IBAC may take any action permitted under the IBAC Act or any other Act at the conclusion of an investigation.

Clause 22 inserts new sections 101A and 101B into the IBAC Act. New section 101A creates an offence of disclosing transferred restricted matter except as permitted by the section. A penalty of 120 penalty units or imprisonment for 12 months or both applies. Section 101A(3) sets out the circumstances in which a transferred restricted matter may be disclosed. Transferred restricted matter is defined in section 101A(6) to mean a restricted matter within the meaning of the Police Integrity Act 2008 ("PIA") as in force before its repeal that has become subject to the IBAC Act.

New section 101B makes it an offence for a person to disclose the action the IBAC has taken with respect to a complaint or information about the results of an IBAC investigation. Exceptions are included that are similar to exceptions to restrictions on disclosure imposed by confidentiality notices. The maximum penalty is 60 penalty units or 6 months imprisonment or both.

Clause 23 amends section 109(1) of the IBAC Act by making information received under section 39 and notifications made under section 40 exempt from the Freedom of Information Act 1982.

Clause 24 inserts new sections 112 and 113 into the IBAC Act.

New section 112 will allow the Governor in Council to make regulations of a transitional nature. New section 112 will be automatically repealed on the second anniversary of its commencement.

New section 113 gives effect to the Schedule being inserted into the IBAC Act by clause 25.

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Clause 25 inserts a Schedule at the end of the IBAC Act. The new Schedule deals with savings and transitional provisions. It has 3 main purposes. First, it sets out the arrangements under which the Office of Police Integrity ("OPI") is abolished and the IBAC becomes its successor. Secondly, it ensures that confidentiality obligations attaching to OPI personnel before the commencement of the IBAC Act are ongoing should they be employed by IBAC. Thirdly, it sets out the arrangements under which complaints received and investigations commenced prior to the commencement of the IBAC Act can be processed or can continue to completion.

Clauses 2, 3, 4, 5, 6 and 8 deal with the transition of the OPI to the IBAC. These provisions should be read in conjunction with section 16 of the Investigative Functions Act which repeals the PIA. Clause 7 deals with transferred protected information.

The remaining clauses in the Schedule allow the IBAC to complete investigations of complaints not completed by the OPI before the commencement of the IBAC Act.

Clause 1 provides definitions for the Schedule. Commencement day means the day section 16 of the Investigative Functions Act (which repeals the PIA) comes into operation. Director means the Director, Police Integrity ("DPI"). The definitions of property and rights are referable to clause 4 of the proposed Schedule under which the IBAC succeeds the OPI.

Clause 2 provides that the Interpretation of Legislation Act 1984 will generally apply to the transitional provisions in the Schedule, and that where a repealed provision of the PIA continues to apply by force of the Schedule, any other repealed PIA provisions or regulations made under the PIA that are necessary to give effect to those continuing provisions, also continue to apply.

Clause 3 provides that the OPI and the office of the DPI are abolished on the commencement day. The DPI ceases to hold office on the commencement day.

Clause 4 provides that the IBAC succeeds the OPI and the DPI. On the commencement day, the OPI's and DPI's rights, property and assets vest in the IBAC, and the IBAC assumes responsibility for the OPI's and DPI's debts, liabilities and obligations. The clause substitutes the IBAC for the OPI or DPI

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in any pending proceedings in any court or tribunal to which the OPI or the DPI is a party, and to any agreement or contract entered into by or on behalf of the OPI or the DPI on foot on the commencement day. A reference to the OPI in an Act, subordinate instrument, agreement, deed or other document is taken to be a reference to the IBAC on and from the commencement day.

Clause 5 provides that references to the DPI in Acts and subordinate instruments relating to any period on or after the commencement day are to be construed as references to the IBAC or the IBAC Commissioner (as the case requires), provided that the references are not inconsistent with the subject matter.

Clause 6 provides for the transfer of all OPI's information, documents, reports, records and equipment to the IBAC. Information, documents, reports, records and equipment so transferred are taken to be in the IBAC's custody.

Clause 7 provides that IBAC can only use protected information (as defined in section 30D of the Surveillance Devices Act 1999) ("SDA") which has been transferred from the OPI under clauses 4, 6, 10(2) or 11(2) in accordance with section 30F of the SDA for the IBAC's corrupt conduct and police personnel conduct investigative functions. The IBAC must not disclose or communicate the protected information to any person for any other purpose.

Clause 8 provides that references to an IBAC Officer in sections 32 or 33A of the IBAC Act includes references to former members of OPI personnel who are, on and from the commencement day, IBAC Officers. It also provides that references in those provisions to information obtained or received in the course of an IBAC Officer's duty include references to such information obtained or received under the PIA. The provision ensures that the confidentiality provisions in sections 32 and 33A of the IBAC Act apply to information obtained in the course of a person's duties at OPI if that person becomes an IBAC Officer.

Clause 9 deals with annual and other reports of the OPI not completed before the commencement day. These must be completed by the IBAC. If the DPI has completed the OPI's annual report for the preceding financial year but has not

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transmitted the report to Parliament before the commencement day, the IBAC must transmit the report to Parliament. The IBAC may transmit a report prepared by the DPI under section 28(2) of the PIA, and may include in a special report any matter related to the DPI's functions under the PIA. The IBAC may also complete reports on investigations undertaken by the DPI and make recommendations under section 83 of the IBAC Act.

Clause 10 deals with complaints received by the DPI under section 86L of the Police Regulation Act 1958 and investigations under Division 2 of Part 3 of the PIA where an investigation had either not commenced, or had commenced but had not been completed before the commencement day. In both circumstances, the IBAC may investigate or complete the investigation of the complaint after the commencement day in accordance with Part 3 of the IBAC Act. In these investigations, the IBAC may use or rely on any evidence given to the DPI or documents or other things produced to the DPI which had been obtained in relation to those investigations. Section 87 of the IBAC Act applies to allow the IBAC to notify a complainant of the outcome of a complaint commenced but not completed under the PIA.

Clause 11 provides that own motion investigations initiated by the DPI under section 44 of the PIA but not completed before the commencement day may be continued and completed by the IBAC under Part 3 of the IBAC Act as if they were investigations conducted under section 45 of the IBAC Act. In these investigations, the IBAC may use or rely on any evidence given to the DPI or documents or other things produced to the DPI which had been obtained in relation to those investigations. Additionally, the IBAC may undertake a further investigation under section 48 of the PIA as if it were an own motion investigation under the IBAC Act.

Clause 12 deals with investigations undertaken by the DPI which result in a direction to the Chief Commissioner of Police to take action or conduct further investigations, and provide a response. If such a direction is given to the Chief Commissioner and the Chief Commissioner has not provided a written response under section 49 of the PIA before the commencement day, the direction is taken to be a request made under section 84 of the IBAC Act.

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Clause 13 provides that a direction given to a person under section 47 of the PIA to provide relevant information to the DPI, or to produce documents or answer questions which was in force immediately before the commencement day, continues in force as if it were a direction under section 53 of the IBAC Act for the purposes of a Part 3 investigation.

Clause 14 provides that witness summonses issued under section 53 of the PIA (other than summonses issued to persons under 16 years of age) which were in force immediately before the commencement day, continue in force as if Division 2 of Part 4 of the PIA had not been repealed. Summonses issued to persons aged between 16 and 18 years cease to have force or effect on and from the commencement day. A person who fails to comply with a witness summons may face arrest, or prosecution for contempt or other offences under the IBAC Act.

Clause 15 deals with persons attending examinations commenced under Division 3 of Part 4 of the PIA but not completed by the commencement day, and who have not been excused from attendance. The clause provides that Part 4 of the PIA continues to apply to the examination despite its repeal. A person who fails to cooperate with an examination may face arrest, or prosecution for contempt or other offences under the IBAC Act.

Clause 16 provides for the transition of requests for legal assistance. It keeps existing grants, applications and approvals of legal assistance on foot.

Clause 17 relates to directions given by the DPI under section 57(2) of the PIA in relation to the delivery of a witness in custody that was in force immediately before the commencement day. The clause provides that Part 4 of the PIA continues to apply to the direction despite its repeal.

Clause 18 provides that confidentiality notices issued under section 58 of the PIA in force immediately before the commencement day continue in force as if Division 2 of Part 4 of the PIA had not been repealed. The clause also provides that Division 2 of Part 4 of the PIA continues to apply to the notice despite its repeal, that a reference to the Director is taken to be a reference to the IBAC and that a reference to the Special

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Investigations Monitor ("SIM") is taken to be a reference to the Victorian Inspectorate ("VI").

Clause 19 provides that claims of legal professional privilege made under section 71 of the PIA but not determined before the commencement day may be determined under sections 71 to 73 of the PIA as if those sections had not been repealed and the references to the DPI were references to the IBAC.

Clause 20 provides that applications made by the DPI to a magistrate for a warrant to arrest a recalcitrant witness under section 84(1) of the PIA, but not determined before the commencement day, may be determined under Division 7 of Part 4 of the PIA as if the Division had not been repealed. Warrants issued under section 84(2) of the PIA which are still in force on the commencement day continue in force as if that section had not been repealed. Authorised officers under the IBAC Act can execute the warrant, subject to any conditions or limitations on their appointments under that Act. A person who fails to comply with a warrant may face arrest as a recalcitrant witness under Division 7 of Part 4 of the PIA.

Clause 21 sets out transitional arrangements in relation to powers of entry, search and seizure under section 90, 91, 92 and 93 of the PIA. It provides that—

section 90 of the PIA (which deals with the copying of documents and storage devices seized at public premises under section 89 of the PIA) remains in force in respect of documents seized under section 89. If a seized item or storage device can be easily copied, an authorised officer must, on request, provide a copy to a person at the premises from which it was seized;

applications under section 91 of the PIA (which allows an interested person to apply to the Magistrates' Court for an order setting aside a seizure and requiring the DPI to hand over seized items) that were not determined before the commencement day, are to be determined as if section 91 had not been repealed;

section 92 of the PIA (which requires that a seized document or thing must be returned to the relevant chief executive of a public authority if it is needed as evidence, or if the DPI is satisfied it is no longer required for an investigation, a report on an

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investigation, or a legal proceeding arising out of, or connected with, an investigation) continues to apply in respect of documents or things seized under section 89 of the PIA;

applications for search warrants commenced under section 93 of the PIA but not determined before the commencement day, are to be determined as if section 93 had not been repealed. Authorised officers under the IBAC Act can execute the warrant, subject to any conditions or limitations on their appointments under that Act;

search warrants issued under section 93 of the PIA immediately before the commencement day, continue in force and sections 94 to 101 of the PIA continue to apply as if those sections had not been repealed.

Clause 22 sets out the transitional arrangements in relation to confidentiality and reporting under Division 4 of Part 2 of the IBAC Act. It provides that—

references to documents and other things which come into the possession of a person or IBAC in the performance of functions under the IBAC Act include references to documents and other things which come into a persons possession in the performance of functions under the PIA;

persons who were protected persons under the PIA will remain protected persons within the meaning of section 33F of the IBAC Act;

documents and other things that were protected within the meaning of the section 105A of the PIA will remain protected documents or other things within the meaning of section 33G of the IBAC Act;

references to investigations under section 33G of the IBAC Act and to witnesses includes references to an investigation or to a witness in an investigation under Division 2 of Part 3 of the PIA. References to any evidence given or information provided includes references to evidence given or information provided under the PIA;

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certificates issues by the DPI under section 106(2) or 109A(2) of the PIA in force on the commencement day remain in force as if they were certificates given by the IBAC under sections 33H(2) or 33K(2), respectively, of the IBAC Act;

objections made under section 107 of the PIA to the production or inspection of a document or other thing, but not determined before the commencement day, are to be determined under section 33I of the IBAC Act.

Clause 23(1) allows the IBAC or authorised IBAC Officers to commence criminal proceedings under section 51A of the PIA in relation to offences arising out of an investigation as if section 51A had not been repealed. Clause 23(2) permits the IBAC and authorised sworn IBAC Officers to continue criminal proceedings for matters commenced by the Director, Police Integrity, or authorised OPI staff under the PIA.

Clause 24 keeps proceedings for contempt of the DPI on foot as though sections 79 and 82 had not been repealed.

Clause 25 of the Schedule saves the operation of section 51 of the PIA with respect to documents specified in that section, so that the non-application of the Freedom of Information Act 1982 continues in respect of them.

PART 3—VICTORIAN INSPECTORATE ACT 2011

Clause 26 amends section 3 of the VI Act.

Subclause (1) inserts definitions of Chief Commissioner of Police, Chief Examiner, coercive power, Examiner and premises of the Chief Examiner into the VI Act.

Subclause (2) clarifies that the definition of restricted matter includes documents and things obtained under sections 32 or 33N, and ensures consistency with other clauses.

Clause 27 inserts section 4(f) into the VI Act to include the new object of providing for the independent oversight of the Chief Examiner and Examiners.

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Clause 28 substitutes paragraphs (g) to (i) of section 9(2) of the VI Act. Paragraphs (g) and (h) give the VI new functions in relation to investigating complaints against the Chief Examiner and Examiners, and investigating and assessing the conduct of the Chief Examiner and Examiners in the performance of their duties, functions and powers.

Paragraph (i) re-enacts a general function to make recommendations and reports.

Clause 29 amends section 23 of the VI Act relating to delegations.

Subclause (1) inserts new section 23(1)(ic) which restricts the ability of the Victorian Inspectorate ("VI") to delegate the power to enter premises of the Chief Examiner.

Subclause (2) amends section 23(1)(j) to clarify the circumstances in which the Inspector can delegate the power to issue a certificate of charge and an arrest warrant for contempt.

Subclause (3) inserts a note at the foot of section 23 referring section 20C of the Telecommunications (Interception) (State Provisions) Act 1988 ("TISP Act").

Clause 30 substitutes section 27 of the VI Act. The new section clarifies the obligations of employees and contractors of the VI in relation to public comment and the exercise of the VI's powers.

Clause 31 amends section 28A of the VI Act to clarify the restrictions placed on a VI Officer in relation to unauthorised disclosures and provision of information. The amendment also makes a technical amendment to clarify that proceedings are brought, not instituted.

Clause 32 inserts section 28BA into the VI Act. Section 28BA creates an offence relating to the disclosure of information obtained by VI Officers under the Major Crime (Investigative Powers) Act 2004 ("MC(IP)A") except when they are carrying out functions under the VI Act or MC(IP)A. A penalty of up to 5 years imprisonment applies to contraventions.

Clause 33 amends section 28C of the VI Act to enable the VI to provide or disclose information for any recommendation authorised under Part 4.

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Clause 34 amends section 28D of the VI Act.

Subclause (1) inserts section 28D(1)(ab) to ensure VI Officers cannot be compelled to disclose matters or things or produce documents as a result of the performance of their duties and functions or the exercise of their powers or the VI's powers under the MC(IP)A except in certain circumstances.

Subclauses (2) and (3) ensure that circumstances in which VI Officers can be compelled to disclose matters or things, or produce documents include circumstances where the VI or a VI Officer is a party to the relevant proceeding.

Clause 35 amends sections 28E and 28F of the VI Act.

Subclause (1) amends section 28E to clarify the contents of confidentiality notices.

Subclause (2) amends section 28F(2)(b)(iii) to clarify the circumstances in which a person suffering from an impairment may disclose a restricted matter.

Subclause (3) amends section 28F(2)(d) to clarify that the exemption for disclosures of restricted matters which are subject to a confidentiality notice extends to Australian legal practitioners acting in accordance with their professional obligations.

Clause 36 substitutes section 28G(2) of the VI Act. Section 28G is inserted by section 32 of the Examinations Act. This requires the IBAC to comply with a requirement to provide a report on coercive questioning to the VI as soon as possible after a request is made.

Clause 37 inserts new section 29(7) and (8) into the VI Act. Section 29 sets out the circumstances in which complaints can be made to the VI about the IBAC. New section 29(7) and (8) set out the circumstances in which complaints can be made to the VI about the conduct of the Chief Examiner or an Examiner.

Clause 38 inserts new section 30(5) into the VI Act which requires the VI to notify the Chief Examiner or an Examiner of a decision to investigate a complaint against them unless it could prejudice the investigation.

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Clause 39 inserts new section 31(4) into the VI Act to allow the VI to conduct an own motion investigation into the conduct of the Chief Examiner or an Examiner.

Clause 40 amends section 32 of the VI Act.

Subclause (1) ensures the VI can copy IBAC records to which the VI has access during the course of an investigation.

Subclause (2) clarifies the scope of the VI's investigation powers.

Subclauses (3) and (4) insert new sections 32(1C) and 32(6) to give VI powers when conducting an investigation to—

investigate any aspect of the Chief Examiner's or an Examiner's operations or conduct;

have full and free access to the Chief Examiner's or an Examiner's records;

require information from the Chief Examiner or an Examiner; and

require the attendance of the Chief Examiners or an Examiner to answer questions and produce documents.

The VI may commence or continue an investigation even though the Chief Examiner is investigating a related matter.

Clause 41 inserts new section 33(4) into the VI Act to ensure that that the Chief Examiner and Examiners must provide any assistance to enable the VI to carry out an investigation under Part 3.

Clause 42 inserts new section 33B(e) into the VI Act. Section 33B makes provision for the conduct of an inquiry by the VI. New section 33B(e) allows the VI, after notifying the Chief Examiner, to enter and search the Chief Examiner's premises and inspect, copy and seize any document or thing in accordance with the new section 33N.

Clause 43 amends section 33E of the VI Act. Subclause (a) amends section 33E(2)(b) by inserting the words "or believed" to ensure that the VI, when determining if it is satisfied it is reasonable to issue a summons, considers whether the person to whom the summons is to be issued is known or believed to have any mental impairment. Subclause (b) corrects a grammatical error.

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Clause 44 amends section 33F of the VI Act.

Subclause (1) amends section 33F(2) to clarify that only witness summonses requiring the giving of evidence are required to state the nature of the proposed questioning.

Subclause (2) inserts new section 33F(4)(g)(iic). Section 33F provides for the form and content of the witness summons. The new paragraph requires a statement accompanying a witness summons to state that if the person summonsed is the Chief Examiner or an Examiner, neither is entitled to assert any privilege.

Clause 45 amends section 33J of the VI Act. Section 33J provides for a witness to be represented at an examination by an Australian legal practitioner. However, section 33J also sets out circumstances in which the VI may direct a witness or recipient of a report not to seek legal advice or representation in relation to a witness summons from a specified Australian legal practitioner.

Subclause (1) extends the operation of this section to the complaints or matters being investigated by the Chief Examiner or an Examiner.

Subclause (2) inserts the words "legal advice or" into section 33J(6) to ensure a person bound by a direction not to seek legal advice or representation from a specified Australian legal practitioner has at least three days to obtain legal advice from another Australian legal practitioner, not just obtain representation.

Clause 46 amends section 33K of the VI Act. Section 33K(2) provides that if, at any time, the VI becomes aware that a witness does not have sufficient knowledge of the English language to understand and answer questions, it must provide a competent interpreter.

Clause 47 amends section 33L of the VI Act.

Subclause (1) clarifies the action to be taken by the VI before questioning a witness where an Australian legal practitioner has provided the witness with an explanation of the statement accompanying a witness summons under section 33F(3)(c).

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Subclause (2) clarifies that the VI is not required to provide information on the subject matter of questions if it forms an opinion it would prejudice the investigation.

Clause 48 amends section 33N of the VI Act relating to entry, inspection and seizure powers.

Subclause (1) substitutes section 33N(2), to provide that the VI must only exercise the power under subsection (1) if it considers on reasonable grounds that the IBAC or any IBAC personnel have wilfully failed to give assistance in accordance with section 33(1).

Subclause (2) inserts section 33N(7) and (8). New section 33N(7) extends powers of entry to, and inspection and seizure of documents and things to the premises of the Chief Examiner. New section 33N(8) provides that the VI must only exercise these powers if it considers on reasonable grounds that the Chief Examiner or an Examiner have wilfully failed to give assistance in accordance with section 33(4).

Clause 49 amends section 33Q of the VI Act to clarify the offence of a witness failing to produce a document or thing when summoned.

Clause 50 amends section 33S of the VI Act. Section 33S provides that if a person is a member of police personnel, obligations to maintain secrecy and other restrictions in his or her service as a member of police personnel is overridden and do not apply to the disclosure of information under Part 3 of the VI Act (which includes a requirement pursuant to a witness summons or as a consequence of powers of inspection, entry and seizure).

Subclause (1) amends section 33S to clarify the scope of restrictions on the assertion of privilege.

Subclause (2) inserts section 33S(9) and (10), which provide that any obligation on the Chief Examiner or Examiners to maintain secrecy and similar restrictions on disclosure of information is similarly overridden.

Clause 51 inserts new paragraphs (ca) and (cb) into section 33T(2) of the VI Act. The amendments allow answers, information, documents or things given or produced at an examination before the VI to be admissible in proceedings for contempt of the VI or in proceedings for offences against the MC(IP)A.

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Clause 52 inserts new section 33V(1)(f) and (g) into the VI Act. Section 33V creates the offence of contempt of the VI. New section 33V(1)(f) and (g) provide that a person summoned to appear before the VI who engages in threatening or obstructive behaviour before the VI or any other conduct which could constitute contempt of the Supreme Court, is guilty of contempt of the VI.

Clause 53 amends section 33X(1)(a)(ii) and (b) of the VI Act. Section 33X provides for bail for persons detained after being arrested for contempt. The amendment clarifies that if persons are arrested and detained for contempt, and it is not practicable for them to be brought before the Supreme Court without delay, they must be advised of their entitlement to apply to a bail justice for discharge from custody and given a written statement advising of this right.

Clause 54 inserts new sections 35E and 35F into the VI Act.

New section 35E allows the VI to make recommendations at any time to the Chief Examiner in relation to any action which the VI considers should be taken. This may include action—

to prevent specified conduct from continuing in the future; or

to remedy any harm or loss arising from any conduct.

New section 35E(3) and (4) provide that VI recommendations to the Chief Examiner which are not contained in a report must be made in private. This requirement does not prevent the VI from subsequently making its recommendations public if the Chief Examiner fails to implement them.

Section 35E(5) and (6) provide that the VI may require the Chief Examiner to give a report to the VI within a reasonable time stating whether or not the Chief Examiner has taken or intends to take the recommended action, and if not, to provide reasons. The Chief Examiner must comply with such a request.

New section 35F enables the VI to make recommendations to Victoria Police, the Director of Public Prosecutions, the Australian Federal Police, the IBAC, the Victorian WorkCover Authority ("VWA") and any other prescribed person or body in relation to any further investigatory or enforcement action the VI considers should be taken in relation to any conduct of the Chief Examiner or an Examiner.

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Clause 55 inserts new section 36(5BB) into the VI Act to provide that the VI must not include information in a special report that identifies any person who is being or has been examined under the MC(IP)A or the nature of any examination under the MC(IP)A. This is consequential on VI oversight of the Chief Examiner and the Examiners.

Clause 56 amends section 36A(2) of the VI Act. Section 36A(2) sets out the circumstances where the VI must not provide a complainant with information about the results of an investigation. Subclause (1) inserts new subclauses 36A(2)(dab), (dac) and (dad) to provide that the VI must not provide such advice if it is of the view that to do so would—

prejudice an examination by the Chief Examiner or an Examiner;

prejudice an investigation of a major crime offence by Victoria Police under the MC(IP)A; or

be likely to lead to the disclosure of information within the meaning of section 12A(5) of the MC(IP)A.

Subclause (2) clarifies the VI's obligations regarding the notification of persons who make complaints or notifications to the IBAC where this could involve unreasonable disclosure of information about the personal affairs of another person.

Clause 57 inserts new section 37(4) into the VI Act to deal with the outcome of investigations by the VI into the Chief Examiner or Examiner. It allows the VI to make recommendations to various persons and entities such as the Chief Examiner, the Chief Commissioner of Police, the Director of Public Prosecutions, the Australian Federal Police and the IBAC. The VI may also include the outcome of an investigation as a special report to Parliament under section 36 of the VI Act, or advise the complainant in accordance with section 36A, or do any combination of these matters, or take no action.

Clause 58 inserts new section 37A into the VI Act. New section 37A clarifies section 37 by stating that, after conducting an investigation the VI may do any other thing it is permitted to do by statute.

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Clause 59 amends section 38 of the VI Act dealing with matters to be included in the VI's annual report.

Subclause (1) inserts new section 38(1)(eg), (eh) and (ei) to require VI to include the following additional information—

details of the Chief Examiner's compliance with the VI Act;

details of the comprehensiveness and adequacy of the Chief Examiner's reports made to the VI under the VI Act; and

details of the extent to which action recommended by the VI to be taken by the Chief Examiner has been taken.

Subclause (2) inserts section 38(4C) to provide that the VI must not include information in its annual report that would prejudice an examination by the Chief Examiner or an Examiner, identify a person subject to an examination under the MC(IP)A or identify an ongoing investigation into an organised crime offence under the MC(IP)A.

Clause 60 amends the definition of relevant person or body in section 40(2) of the VI Act. Section 40 provides that the Freedom of Information Act 1982 does not apply to a document which discloses information relating to a complaint, an investigation, a recommendation made by the VI or a report, including a progress report, on an investigation under the VI Act. The amendment extends the exemption to the Chief Examiner and any Examiner.

Clause 61 inserts new sections 42A and 42B into the VI Act.

New section 42A allows the Governor in Council to make regulations of a transitional nature, including regulations of an application or savings nature. New section 42A will be automatically repealed on the second anniversary of its commencement.

New section 42B provides that the Schedule at the end of the VI Act inserted by clause 62 has effect.

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Clause 62 inserts a Schedule into the VI Act. The new Schedule deals with savings and transitional provisions.

Clause 1 introduces definitions of commencement day, Director, MC (SIM) Act, OPI, PIA, property, rights and SIM into the Schedule. Commencement day means the day section 147 of this Bill (which repeals the MC (SIM) Act) comes into operation. Director means the DPI. MC (SIM) Act means the Major Crime (Special Investigations Monitor) Act 2004.

The definitions of property and rights are referable to new clause 4 under which the VI succeeds the Special Investigations Monitor ("SIM"). SIM means the SIM appointed under the MC (SIM) Act immediately before that Act's repeal.

Clause 2 provides that the Interpretation of Legislation Act 1984 will generally apply to the transitional provisions contained in the Schedule, and that if a repealed provision of the MC (SIM) Act or the PIA continues to apply by force of the Schedule, any other repealed MC (SIM) Act or PIA provisions or regulations made under the MC (SIM) Act or PIA which are necessary to give effect to those continuing provisions, also continue to apply.

Clause 3 provides that the office of the SIM is abolished on the commencement day, and that the SIM goes out of office that day.

Clause 4 provides that the VI succeeds the SIM. On the commencement day, the SIM's rights, property and assets vest in the VI, and the VI assumes responsibility for the SIM's debts, liabilities and obligations. The new clause substitutes the VI for the SIM in any court or tribunal proceedings or litigation to which the SIM was a party, and to any agreement or contract entered into by or on behalf of the SIM on foot on the commencement day.

Clause 5 provides that references to the SIM in Acts, subordinate instruments, agreements, deeds or other documents are to be construed as references to the VI if not inconsistent with the subject matter.

Clause 6 provides that all information, documents, reports, records and equipment in the SIM's possession immediately before the commencement day transfer to the VI.

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Clause 7 provides for the transition of certain reporting requirements.

Subclauses (1), (2) and (3) provide that sections 82H, 82ZA and 82ZL of the IBAC Act apply on and from the commencement day to reports to the SIM of witness summonses, arrest warrants for failing to answer witness summonses, and arrest warrants for contempt, unless the DPI has provided written reports on the summonses and warrants to the SIM under sections 115 and 116 of the PIA. Sections 82H, 82ZA and 82ZL of the IBAC Act require the IBAC to provide written reports to the VI on the issue of witness summonses, and on arrest warrants for failing to appear and for contempt.

Subclause (4) provides for section 82S of the IBAC Act to apply to any transcripts and video recordings of an examination conducted by OPI under the DPI has already provided those transcripts and recordings under section 117 of the PIA. Section 82S requires the IBAC to provide a transcript and video recording of an examination to the VI.

Subclause (5) provides that the IBAC must comply with a requirement under section 28G of the VI Act with respect to reporting of coercive questioning unless the DPI has already complied under section 117 of the PIA. Section 28G provides for the reporting of coercive questioning.

Clause 8 allows the VI to investigate a complaint received before the commencement day, or to complete an investigation commenced but not completed by the SIM before the commencement day. It also allows a person who could have made a complaint about the OPI to the SIM under section 118 of the PIA immediately before the commencement day to instead make a complaint to the VI under section 29 of the VI Act. The VI will be able to use the powers in its own Act when investigating such complaints.

Clause 9 deals with complaints about administrative actions undertaken by the OPI. Currently, such complaints are heard and investigated by the Ombudsman. On and from the commencement day, any complaint about the OPI that could have been made to the Ombudsman may instead be made to, and investigated by, the VI. The VI must notify the IBAC of its receipt of the complaint unless it would prejudice the investigation. The clause also applies section 32, section 33(1),

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Divisions 2, 3 and 4 of Part 3, section 34 and section 35(3) of the VI Act to such investigations. These provisions relate to how the VI conducts an investigation and the VI's investigative powers.

Clause 10 sets out transitional arrangements for notices given by the SIM to OPI personnel under section 124 of the PIA requiring them to answer questions or produce documents. Notices in force before the commencement day remain in force and are taken to be notices issued under section 32 of the VI Act.

Clause 11 deals with the SIM's final annual report. If the SIM has not completed an annual report for the preceding financial year before the commencement day, it must be completed by the VI. If the SIM has completed a final annual report but has not transmitted it to Parliament before the commencement day, the VI must transmit the report to Parliament.

PART 4—CONSEQUENTIAL AND OTHER AMENDMENTS

Division 1—Telecommunications (Interception) (State Provisions) Act 1988

Clause 63 amends section 1 of the TISP Act, which details the purposes of that Act, by omitting the redundant reference to the OPI.

Clause 64 amends section 3(1) of the TISP Act by—

repealing redundant definitions;

amending the definition of agency by substituting "IBAC" for "Office of Police Integrity" and making a consequential amendment;

substituting a definition of inspecting officer which now means a VI Officer;

inserting new definitions of IBAC Commissioner, Inspector, Minister, Victorian Inspectorate and Victorian Inspectorate Officer. These expressions have the same meaning as in the IBAC Act and the VI Act as the case requires.

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Clause 65 repeals section 7(1)(a) and (2)(a) of the TISP Act. This removes the requirement for copies of warrants and instruments revoking warrants to be provided to the Police Minister and the Attorney-General.

Clause 66 repeals section 8(a) and (b) of the TISP Act. This removes the requirement for copies of the documents previously referred to in section 7(1)(a) and (2)(a) of the TISP Act to be provided to the relevant Commonwealth Minister by the Police Minister.

Clause 67 repeals Part 2A of the TISP Act. Part 2A sets out the functions of the OPI under the TISP Act. Section 15 of the Investigative Functions Act inserts Part 2B into the TISP Act which sets out the functions of the IBAC under the TISP Act.

Clause 68 amends the heading to Part 3 of the TISP Act by substituting the redundant reference to the SIM with a reference to the VI.

Clause 69 amends section 10 of the TISP Act, which details the functions of the SIM. The amendments ensure that the VI assumes the previous functions of the SIM under the TISP Act. The clause makes further amendments to section 10 which give the VI the function of inspecting IBAC records, by removing references to the inspection of OPI records. The clause also removes a reference to the Police Integrity Minister.

Clause 70 substitutes section 11 of the TISP Act. The new provision imposes the same obligations on the VI as were previously imposed on the SIM in relation to conducting regular inspections of Police Force records to ensure compliance with Part 2 of the TISP Act.

Clause 71 updates references in section 12 of the TISP Act to set out the VI's reporting obligations to the Police Minister.

Clause 72 amends section 13 of the TISP Act.

Subclauses (1) and (2) updates references to superseded bodies.

Subclause (3) amends section 13(b) to reflect the amendment made by clause 62. Section 13 of the TISP Act allows the VI to report on breaches of the Telecommunications (Interception and Access) Act 1979 of the Commonwealth ("TIA Act") or on a failure to report under section 7 of the TISP Act.

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Clause 73 substitutes Division 3 of Part 3 of the TISP Act. Currently, Division 3 consists of three sections (sections 14 to 16) which allow the SIM to inspect and report on records relating to telephone interceptions held by the OPI. Proposed new Division 3 creates the same inspection regime in relation to the VI and the IBAC.

New section 14 requires the VI to inspect the IBAC's records relating to telephone interceptions at least once between the commencement day (being the day the Major Crime (Special Investigations Monitor) Act 2004 is repealed) and the following 30 June, and at least twice a year thereafter, to ascertain the IBAC's compliance with Part 2B of the TISP Act.

New section 15 requires the VI to report to the Minister within 3 months of the end of each financial year on the results of inspections under section 14, and at any time about the results of inspections conducted at the request of the Minister or Attorney-General. Copies of reports must be provided to the IBAC Commissioner and the Attorney-General.

New section 16 allows the VI to report on contraventions of the relevant legislation by IBAC Officers identified in the course of inspections conducted under this Division.

Clause 74 amends various definitions used in Division 4 of Part 3 of the TISP Act contained in section 17 to update references to superseded bodies and offices.

Clause 75 amends section 18 of the TISP Act.

Subclauses (1) and (2) update references to superseded bodies.

Subclause (3) substitutes section 18(2) which requires relevant agency heads to ensure that the VI is provided with any assistance reasonably required in connection with the VI's functions.

Clause 76 amends section 19 of the TISP Act by updating references to the SIM to the VI.

Clause 77 updates references to the SIM in the headings to sections 20 and 20B of the TISP Act.

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Clause 78 substitutes section 20C into the TISP Act. The new section allows the VI to delegate to an inspecting officer any of its functions or powers, other than the power of delegation and the power to report to the Police Minister or the Minister administering the IBAC Act.

Clause 79 amends section 21 of the TISP Act by omitting the words "Police Integrity" from the expression "Police Integrity Minister" and clarifies that reports must be supplied by either the Police Minister or the Minister administering the IBAC Act.

Clause 80 amends section 23(2)(a) of the TISP Act to update a reference to the SIM to refer to the VI.

Clause 81 inserts new sections 25 and 26 into the TISP Act.

New section 25 contains transitional provisions related to the IBAC Act. It requires the IBAC to complete any functions, duties or obligations not completed by the DPI before the repeal of the PIA, including any reporting obligations.

New section 26 provides that the VI is required to perform any of the SIM's functions, duties or obligations not completed before the day the Major Crime (Special Investigations Monitor) Act 2004 ("MC(Sim) Act") is repealed.

Division 2—Crimes (Assumed Identities) Act 2004

Clause 82 amends definitions contained in section 3 of the Crimes (Assumed Identities) Act 2004 ("C(AI) Act").

Clause 83 updates references to the OPI in section 5(4)(c) of the C(AI) Act because the IBAC will take over the OPI's functions.

Clause 84 amends section 34(4) and (5)(c) of the C(AI) Act. Subclause (1) substitutes references to the PIA with references to the IBAC Act. Subclause (2) amends the definition of senior officer so that it refers to an IBAC Officer of a prescribed position or class, rather than a member of staff of the OPI.

Clause 85 inserts new section 37 into the C(AI) Act. New section 37 contains transitional provisions related to the Bill.

Subsections (1) to (4) provide that on the repeal of the PIA, authorities to acquire or use an assumed identity granted by the DPI continue in force despite amendments made by this Bill if

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the authorised officer is employed by the IBAC on the repeal of the PIA. These authorities are taken to be authorities granted by the IBAC Commissioner and authorised officers are taken to be prescribed IBAC Officers. Authorities granted by the DPI to authorised civilians (as defined in section 3 of the C(AI) Act) continue in force until their expiry (unless cancelled).

Subsections (5) and (6) require the IBAC Commissioner to prepare any reports or conduct any audits about assumed identities under section 31 and 33 of the C(AI) Act which had not been prepared or conducted by the DPI before the repeal of the PIA.

Division 3—Crimes (Controlled Operations) Act 2004

Clause 86 amends definitions contained section 3 of the Crimes (Controlled Operations) Act 2004 ("C(CO) Act").

Clause 87 substitutes section 36(1)(c)(iv) of the C(CO) Act. The new provision makes the offence of making a knowing or reckless disclosure of information applicable to the IBAC Act and the VI Act. It removes references to the PIA due to that Act's repeal.

Clause 88 amends section 38(1) and 38(4) of the C(CO) Act to require chief officers to submit their annual reports to the VI, rather than the SIM.

Clause 89 amends section 39 of C(CO) Act to make the VI, rather than the SIM, responsible for preparing an annual report to the Minister on reports from chief officers.

Clause 90 amends section 42 of C(CO) Act and its heading to make the VI, rather than the SIM responsible inspecting agency records for compliance purposes.

Clause 91 amends section 45 of C(CO) Act.

Subclauses (1) and (2) update superseded references to the OPI.

Subclause (3) amends the definition of senior officer to refer to prescribed IBAC Officers, rather than prescribed members of staff of the OPI. The amendments allow the chief officer of the IBAC to delegate certain functions to a senior officer, who will be a prescribed IBAC Officer.

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Clause 92 inserts section 48 into the C(CO) Act. New section 48 is a savings provision which provides that the OPI's previous responsibility to keep documents connected with authorised operations and to maintain a general register under section 40 and 41 of the C(CO) Act, is transferred to the IBAC.

Clause 93 inserts section 60 into the C(CO) Act dealing with transitional matters. The section provides that—

authorities granted by the DPI and in force immediately before the repeal of the PIA are taken to be authorities granted by the IBAC Commissioner;

law enforcement participants (whether employed by the IBAC, police members or civilians) identified in formal or urgent authorities granted by the DPI will be treated as law enforcement officers and continue to be participants in controlled operations after the commencement day;

the IBAC Commissioner is required to include details under section 38 of the C(CO) Act which would have been included in a report not completed by the DPI before the commencement day;

the VI must complete any reports or investigations not completed by the SIM under sections 39 and 42 of the C(CO) Act before the commencement day;

controlled operations commenced but not completed before the commencement may continue as if authorised by the IBAC.

Division 4—Firearms Act 1996

Clause 94 amends section 3 of the Firearms Act 1996. Subclause (1) repeals the definitions of Director, Police Integrity, and member of staff of the Office of Police Integrity. Subclause (2) inserts new definitions of IBAC and senior IBAC Officer (each of which has the same meaning as in the IBAC Act).

Clause 95 amends section 93(4)(ca) and 94(4)(ca) of the Firearms Act 1996 to make it lawful for a licensed firearms dealer to dispose of a firearm to, or obtain a firearm from, an authorised senior IBAC Officer.

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Clause 96 amends section 102(4A) of the Firearms Act 1996.

Subclause (1) enables authorised senior IBAC Officers to lawfully acquire or dispose of firearms.

Subclause (2) exempts the IBAC from a requirement to produce firearms for inspection.

Clause 97 substitutes section 130(2)(ab) of the Firearms Act 1996 to allow senior IBAC Officers authorised under Part 5 of the IBAC Act to carry a loaded firearm or use a firearm in a town or populous place.

Clause 98 substitutes section 131(3)(ab) of the Firearms Act 1996 to allow senior IBAC Officers authorised under Part 5 of the IBAC Act to possess, carry or use a firearm on private property, or to discharge a shot, bullet or other missile from a firearm onto or across private property.

Clause 99 repeals items 14 and 15 of Schedule 3 to the Firearms Act 1996 and inserts new item 14. The amendment removes the DPI and members of the staff of the OPI from the Schedule and makes senior IBAC Officers authorised under Part 5 of the IBAC Act non-prohibited persons who are exempt from the requirement to hold a licence under Part 2 of the Firearms Act 1996 while acting in the course of their duty.

Division 5—Fisheries Act 1995

Clause 100 amends section 131A of the Fisheries Act 1995 to update relevant definitions.

Clause 101 amends section 131Q(1)(c)(iv) of the Fisheries Act 1995 to update a superseded reference to the PIA in an offence involving unauthorised disclosure of information. The amendment inserts references to the IBAC Act and VI Act.

Clause 102 amends section 131S(1) and (3) of the Fisheries Act 1995 to require the Secretary to the Director of Primary Industries to submit reports to the VI setting out details of authorised operations conducted during the previous 6 months.

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Clause 103 amends section 131T of the Fisheries Act 1995.

Subclauses (1) and (2) substitute references to the SIM with references to the VI. Their effect is to require the VI to prepare annual reports of the work and activities of law enforcement officers under Part 7A of the Fisheries Act 1995 and to provide copies to the Minister and the Secretary.

Subclause (3) substitutes new section 131T(5) which requires the VI to transmit the reports to Parliament.

Subclause (4) substitutes new section 131T(7) which allows such reports to be combined with reports under the C(CO) Act.

Clause 104 amends section 131W of the Fisheries Act 1995 to require the VI to inspect the records of the Department at least once every 12 months to determine the extent of compliance with Part 7A by the Secretary and law enforcement officers under that Act.

Clause 105 inserts new section 163E into the Fisheries Act 1995. The new section contains a transitional provision under which financial year reports and inspections not completed by the SIM before the repeal of the MC (SIM) Act are to be completed by the VI.

Division 6—Major Crimes (Investigative Powers) Act 2004

Clause 106 amends section 3 of the MC(IP)A to update relevant definitions.

Clause 107 amends section 31(1)(g) of the MC(IP)A to require the Chief Examiner to inform a witness before questioning of his or her right to complain to the VI.

Clause 108 amends section 43(6) of the MC(IP)A to prevent the Chief Examiner from making an order restricting the VI's powers or a witness' right to complain to the VI.

Clause 109 substitutes the heading to Part 5 of the MC(IP)A in recognition of the transfer of the SIM's functions to the VI.

Clause 110 substitutes new section 51 of the MC(IP)A. New section 51 sets out the role of the VI in providing oversight of the Chief Examiner and Examiners. This oversight had previously been provided by the SIM. An additional function has been added of assessing the effectiveness and appropriateness of the Chief Examiner's policies and procedures relating to the legality and

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propriety of the Chief Examiner's activities. A note points users to additional functions under the VI Act.

Clause 111 amends section 52 of the MC(IP)A and its heading to require the Chief Examiner to provide reports on witness summonses and orders to the VI.

Clause 112 amends section 53 of the MC(IP)A and its heading to require the Chief Examiner to report various other matters to the VI.

Clause 113 substitutes section 54 of the MC(IP)A. New section 54 allows a witness to complain to the VI about the conduct of the Chief Examiner or an Examiner in accordance with section 29(7) and (8) of the VI Act, which is inserted by clause 37.

Clause 114 repeals section 55 of the MC(IP)A. Section 55 allowed the SIM to refuse to investigate complaints whose subject matter was trivial or which were frivolous or vexatious or not made in good faith. The VI's investigation powers are found in Division 1 of Part 3 of the VI Act.

Clause 115 repeals section 56 of the MC(IP)A. Section 56 required the SIM to investigate a complaint unless he or she refused to do so under section 55. The VI's investigation powers are found in Division 1 of Part 3 of the VI Act.

Clause 116 amends section 57 of the MC(IP)A by substituting "Victorian Inspectorate" for "Special Investigations Monitor" in both the section's heading and in sections 57(1), (3) and (4). Section 57 sets out the VI's powers to make recommendations to the Chief Examiner and the Chief Commissioner of Police, and to require the Chief Examiner or the Chief Commissioner to report on any proposed action in relation to those recommendations.

Clause 117 substitutes section 58 of the MC(IP)A. New section 58 replicates the previous section, save that it substitutes "Victorian Inspectorate" for "Special Investigations Monitor" wherever occurring. New section 58 requires the Chief Examiner and the Chief Commissioner to give the VI any assistance it reasonably requires to enable the VI to perform its functions under the MC(IP)A.

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Clause 118 amends section 59 of the MC(IP)A to provide the VI with the power to enter premises occupied by the Chief Examiner or the police force (with notice) if the Chief Examiner or the Chief Commissioner has failed to provide required information to the VI in a report or failed to give the VI the assistance required under new section 58.

Clause 119 amends section 60 of the MC(IP)A to allow the VI to issue a written notice requiring the Chief Examiner, an Examiner or a member of the police force to attend the VI and answer questions or provide information or produce documents or things relevant to the VI's functions.

Clause 120 amends section 61 of the MC(IP)A to set out the VI's responsibility to report to Parliament annually in relation to the performance of its functions under the Act during the previous financial year.

Clause 121 repeals section 62 of the MC(IP)A. Section 62 is spent. It required that the SIM report to Parliament on the operation of Part 5 within 3 years after its commencement. This report was made in June 2008.

Clause 122 amends section 63 of the MC(IP)A to provide that secrecy obligations or other restrictions do not apply to the disclosure of information to the VI, nor can any privilege available to the Crown be claimed in relation to a requirement by the VI to answer a question, provide information or produce a document.

Clause 123 amends section 64(1) and (2)(a) of the MC(IP)A to create the offence of obstructing, hindering, threatening or abusing the VI in the performance of its functions.

Clause 124 amends section 65(5) of the MC(IP)A to enable the VI to delegate, by instrument, to an employee of the VI, any function duty or power under the MC(IP)A other than the duty to make reports under section 61, or the power of delegation. Subclause (2) removes a redundant reference to section 62, proposed for repeal by clause 121.

Clause 125 amends section 66(b) and (c) of the MC(IP)A to require the Chief Commissioner to keep records and a register, to ensure the register is available to the VI for inspection, and to report to the VI every 6 months on prescribed matters.

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Clause 126 amends section 68 of the MC(IP)A. Section 68 imposes secrecy obligations on certain people in relation to information acquired in the course of, or by reason of the performance of functions, under the MC(IP)A.

Subclause (1) repeals section 68(1)(c) and (d) which applied secrecy obligations to the SIM and employees of the SIM. This is because the VI Act provides for the oversight of the Chief Examiner and Examiners and has broad provisions addressing unauthorised disclosures of information and restrictions on compelling disclosure of information.

Subclause (2) amends section 68(3) of the MC(IP)A by omitting a redundant reference to the SIM.

Clause 127 amends section 69 of the MC(IP)A to exempt documents in the possession of the VI from the Freedom of Information Act 1982, to the extent the document discloses information relating to an examination under the Act.

Clause 128 inserts sections 71 and 72 into the MC(IP)A. The new sections are transitional provisions.

Section 71 provides that complaints received by the SIM prior to the repeal of the MC (SIM) Act may be investigated or, if the SIM had commenced an investigation, be completed by the VI. The VI may have regard to evidence given to the SIM, or to documents or other things produced to the SIM, for this purpose.

Section 72 provides that the VI's first annual report under section 61 is to include references to the performance of the SIM's functions during the relevant financial year.

Division 7—Sex Offenders Registration Act 2004

Clause 129 amends section 1 of the Sex Offenders Registration Act 2004 ("SORA") to reflect that one of the purposes of the Act is for the IBAC to monitor compliance with the Act.

Clause 130 amends section 3 of the SORA. Subclause (1) inserts new definitions of IBAC Commissioner, IBAC and sworn IBAC Officer, each of which has the same meaning as they have in the IBAC Act. Subclause (2) repeals the redundant definition of Director.

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Clause 131 amends section 59 of the SORA to allow a person aggrieved by a decision of the Chief Commissioner of Police in relation to an order under Division 9 of Part 3 of the SORA to appeal to the IBAC against the decision within 3 days after receiving notice of the decision.

Clause 132 amends section 60(2)(c) of the SORA to provide that a declaratory order made by the Chief Commissioner of Police under Division 9 of Part 4 takes effect on the date on which the IBAC determines the appeal, if an appeal is made under section 59 within the prescribed 3 day period.

Clause 133 amends the headings to sections 66A and 66B of the SORA and the sections themselves to require the IBAC to monitor compliance by the Chief Commissioner of Police with requirements in relation to keeping the Register of Sex Offenders, and for the Chief Commissioner to provide the IBAC with any assistance reasonably required in this regard.

Clause 134 amends section 66C of the SORA.

Subclauses (1) and (2) update certain references.

Subclause (3) substitutes a power of authorisation. Section 66C sets out the powers of authorised officers (the IBAC Commissioner and authorised sworn IBAC Officers) in relation to monitoring the Chief Commissioner's compliance with the requirements in relation to keeping the Register of Sex Offenders.

Clause 135 amends section 66D of the SORA to set out the IBAC's reporting obligations in relation to the Chief Commissioner's compliance with the requirements in relation to keeping the Register of Sex Offenders.

Clause 136 repeals section 71(2) of the SORA. The subsection is redundant. It previously gave the DPI the same level of immunity as was available under section 86J of the Police Regulation Act 1958. That section was repealed by the PIA.

Clause 137 inserts new section 73D into the SORA. The new section is a transitional provision.

Section 73D(1) provides that if the DPI had commenced but not concluded an appeal under section 59 before the repeal of the PIA, the appeal must be determined by the IBAC.

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Section 73D(2) ensures that the IBAC has the power to complete any reports if the DPI has conducted an inspection under section 66C of the SORA.

Section 73D(3) requires the IBAC to complete any reports if those reports were requested by the Minister.

Section 73D(4) requires that a copy of any report that the IBAC completes in accordance with section 73D(3) is given to the Chief Commissioner.

Division 8—Surveillance Devices Act 1999

Clause 138 amends section 3(1) of the SDA to update definition.

Clause 139 amends section 30F(1)(g) of the SDA to allow local protected information to be communicated to the VI for an inspection of records under section 30P of the SDA.

Clause 140 amends the headings to sections 30P and 30Q of the SDA and the sections themselves. The amendment to section 30P requires the VI to inspect the records of Victorian law enforcement agencies, and the Commonwealth Ombudsman to inspect the records of the Australian Crime Commission, to determine the extent of each agency's compliance with the SDA. The amendment to section 30Q requires the VI and the Commonwealth Ombudsman to report to the Victorian Parliament on the results of their inspections, and to cause a copy of the report to be given to the Attorney-General.

Clause 141 inserts new sections 43 and 44 into the SDA. These are transitional provisions.

New section 43 provides for a range of transitional matters relating to the SDA. The section is intended to ensure that—

warrants under that Act, applications for warrants and requirements to revoke warrants remain effective;

reporting requirements imposed on the DPI will be transferred to the IBAC Commissioner; and

reports and inspections that the SIM was required to complete will be completed by the VI.

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New section 44 provides for the return of documents obtained by the Public Interest Monitor ("PIM") in relation to an application made by the DPI under section 12A. It provides that if the PIM has obtained documents from the DPI, the PIM must return those documents to the IBAC.

Division 9—Wildlife Act 1975

Clause 142 amends section 71 of the Wildlife Act 1975 ("WA") to update definitions.

Clause 143 amends section 74M(1)(c)(iv) of the WA by substituting a reference to the PIA with a reference to the IBAC Act and VI Act. The amendment provides a defence to the offence of knowingly or recklessly making a disclosure in breach of the WA if the disclosure was made in accordance with the IBAC Act or the VI Act.

Clause 144 amends section 74O(1) and (3) of the WA to require the Secretary to provide reports to the VI every 6 months setting out details of authorised operations conducted during the previous 6 months.

Clause 145 amends sections 74P and 74S of the WA to require the VI to prepare annual reports on the work and activities of law enforcement officers under Part VIII of the WA, and to table these reports in Parliament. Section 74S requires the VI to conduct similar annual inspections of departmental records to determine the extent of compliance with Part VIII of the WA.

Clause 146 inserts new section 97 into the WA. New section 97 is a transitional provision. It provides that if the SIM had not prepared a report required under section 74P of the WA this must be prepared by the VI. An inspection undertaken by the SIM under section 74S of the WA immediately before the day on which the MC (SIM) Act is repealed is taken to be an inspection undertaken by the VI.

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PART 5—REPEAL AND FURTHER CONSEQUENTIAL AMENDMENTS

Division 1—Repeal

Clause 147 repeals the Major Crime (Special Investigations Monitor) Act 2004. The SIM's functions are to be transferred to the VI.

Division 2—Independent Broad-based Anti-corruption Commission (Investigative Functions) Act 2012

Clause 148 makes amendments to the Investigative Functions Act.

Subclause (1) corrects the placement of a comma.

Subclause (2) strengthens the IBAC's delegations system by further clarifying which duties, functions or powers the Commissioner or a Deputy Commissioner may delegate to other IBAC Officers, where appropriate.

Subclause (3) makes three amendments to section 9 of the Investigative Functions Act. The first amendment reflects that judgments are given. The second amendment ensures that the specific requirements imposed by the Examinations Act relating to service of documents are recognised in the power to serve documents. The third amendment amends the regulation-making powers to specify that forms under section 68(4) can be prescribed.

Clause 149 amends section 14(1) and (2) of the Investigative Functions Act.

Subclause (1) amends the grammar in the amendment made to section 1 of the TISP Act by section 14(1) to reflect the proposed removal of the reference to OPI by clause 63.

Subclause (2) makes the necessary amendments to section 14(2) to substitute references to OPI with references to the IBAC, rather than adding references to the IBAC.

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Clause 150 amends section 15 of the Investigative Functions Act.

Subclause (1) is a technical amendment to ensure that Part 2B is inserted correctly.

Subclause (2) amends proposed sections 9F, 9G and 9H to make the IBAC Commissioner, rather than the IBAC, responsible for record-keeping functions under Part 2B of the TISP Act.

Subclause (3) amends section 15 of the Investigative Functions Act by inserting new sections 9GA and 9GB into the TISP Act.

New section 9GA requires the IBAC Commissioner to give the Minister a written report about information obtained by interceptions under warrant and about persons (other than IBAC Officers) to whom the information was provided, within 3 months of the warrant being issued. The IBAC Commissioner must also provide the Minister as soon as practicable with a report containing information required under Division 2 of Part 2-8 of the TIA Act and information derived the records. Copies of these reports must be provided to the Attorney-General.

New section 9GB requires the Minister to provide the Minister administering the TIA Act with copies of the section 9GA reports as soon as practicable after the reports are given to the Minister.

Division 3—Amendments to Independent Broad-based Anti-corruption Commission Amendment (Examinations) Act

2012 and Victorian Inspectorate Act 2011

Clause 151 amends sections 8(2), 11(1), 11(3) and 21 of the Examinations Act to refer to provisions in more detail and correct certain matters such as the placement of commas.

Clause 152 amends section 23 of the VI Act to strengthen the VI's delegations system by further clarifying which duties, functions or powers the Inspector may delegate to other VI Officers, where appropriate. Subclause (3) repeals spent amending provisions of the VI Act.

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Division 4—Other amendments

Clause 153 amends sections 21 and 35 of the Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012 ("2012 Act").

Subclause (1) amends section 21 of the 2012 Act to clarify that the usual onus on an agency to demonstrate that a decision was justified or that the VCAT should give a decision adverse to the applicant in section 55(2) will not apply to reviews of decisions of the Freedom of Information Commissioner under section 50(3D).

Subclause (2) broadens the scope of a transitional provision in section 35 of the 2012 Act to ensure existing rights and obligations are not affected by the substitution of section 51 of the Freedom of Information Act 1982 by section 16 of the 2012 Act.

Clause 154 amends section 2(2) of the Evidence Amendment (Journalist Privilege) Act 2012 to enable Parts 5 and 10 of that Act to come into operation on a day to be proclaimed not limited by the forced commencement of that Act. Part 5 amends the IBAC Act and Part 10 amends the VI Act. The amendment is necessary to ensure that the Evidence Amendment (Journalist Privilege) Act 2012 can come into operation independently of the IBAC Act and the VI Act except for amendments to those 2 Acts which need to be coordinated with the commencement of the IBAC Act and the VI Act to ensure the effective operation of the amendments to those Acts made by the Evidence Amendment (Journalist Privilege) Act 2012.

Division 5—Further consequential amendments

Clause 155 amends the Commissioner for Law Enforcement Data Security Act 2005 to substitute references to the DPI with references to the IBAC to allow the Commissioner for Law Enforcement Data Security to disclose to the IBAC any information obtained or received in the course of, or as a result of, the exercise of his or her functions if this information is relevant to the performance of functions or duties by the IBAC.

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Clause 156 amends section 115 of the Confiscation Act 1997, which deals with monitoring orders.

Subclause (1) substitutes new section 115(1AA), inserting a definition of IBAC Commissioner, which has the same meaning as it has in the IBAC Act.

Subclause (2) replaces a reference to the DPI with a reference to the IBAC.

Clause 157 inserts new section 187 into the Confiscation Act 1997. Section 187 is a transitional provision which provides that—

applications made by the DPI but not determined before the repeal of the PIA are taken to be applications made by the IBAC Commissioner; and

monitoring orders specifying the OPI as the law enforcement agency in force immediately before the repeal of the PIA continue in force and are taken to specify the IBAC as the law enforcement agency.

Clause 158 amends section 5A(1)(c) of the Control of Weapons Act 1990 by substituting references to the PIA and OPI staff with references to the IBAC Act and IBAC Officers. The amendment means that a person selling a prohibited weapon to an IBAC Officer must require the purchaser (who must be authorised under the IBAC Act to possess, carry and use defensive equipment) to produce evidence as to the purchaser's identity by means of the authorisation and the purchaser's photographic identification as an IBAC Officer.

Clause 159 amends various sections of the Crimes Act 1958.

Subclause (1) amends the definition of authorised person in section 464JA(1) relating to recordings by substituting paragraphs (m) and (n). The new paragraphs remove references to the DPI and the SIM and replace them with references to the IBAC Commissioner and the Inspector, enabling them to possess, play, supply, copy, modify and publish audio and audiovisual recordings of confessions or admissions in the course of their duties.

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Subclauses (2) and (3) amend sections 464ZGH(2)(g)(iv) and 464ZGK(2)(g)(iv) updating references to authorise the IBAC to access the Victorian DNA database and disclose such information for the purpose of investigating a complaint.

Clause 160 amends clause 5 of Schedule 3 to the Criminal Procedure Act 2009 to allow certain IBAC Officers to witness statements in preliminary briefs.

Clause 161 amends section 95 of the Drugs, Poisons and Controlled Substances Act 1981 to require the IBAC Commissioner to inspect certificates and reports held by the Chief Commissioner of Police under section 93 of that Act at least once each financial year, and to report on the results of the inspection to the Minister for Police and Emergency Services. New subsection (3) is a transitional provision providing that duplication of inspections does not occur when responsibility moves to the IBAC Commissioner.

Clause 162 amends the definition of law enforcement officer in section 3 of the Information Privacy Act 2000 to exempt the IBAC and the VI from certain information privacy principles.

Clause 163 amends section 6 of the Legal Aid Act 1978.

Subclause (1) substitutes section 6(3) to allow Victoria Legal Aid to enter into arrangements to grant legal assistance on behalf of a prescribed person to applicants under section 82ZI of the IBAC Act.

Subclause (2) amends section 6(4) to allow Victoria Legal Aid to carry out the functions of the prescribed person with regard to such grants of assistance.

Clause 164 amends section 3 of the Police Regulation Act 1958 to update various superseded references in definitions.

Clause 165 repeals sections 6(1)(e), 16(1)(e) and 16(1)(k) of the Public Administration Act 2004 ("PAA"). These provisions are redundant. Section 6(1)(e) made the OPI a special body for the purposes of the PAA. Section 16(1)(e) and (k) made the DPI and the SIM persons with the functions of a public service body Head for the purposes of the PAA.

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Clause 166 amends section 43 of the Public Interest Monitor Act 2011 to exempt IBAC Officers from confidentiality provisions with respect to disclosures to the Public Interest Monitor.

Clause 167 amends the Terrorism (Community Protection) Act 2003.

Subclause (1) amends section 13B(1) by inserting definitions of IBAC and IBAC Commissioner, both of which have the same meaning as in the IBAC Act.

Subclauses (2) to (9) substitute various references to the DPI and the PIA with references to the IBAC, IBAC Commissioner and the IBAC Act in sections 13F(10), 13L(7), 13M(7), 13P(7)(b), 13X(2)(e), 13ZC(2), 13ZE and 13ZF(1)(c). The amendments allow persons who are the subject of preventative detention orders to complain to the Ombudsman or to the IBAC about the application of the order and their treatment.

Subclause (10) substitutes section 13ZJ(2)(d)(ii). The new section provides an exemption from restrictions on the disclosure of information if the disclosure relates to a complaint to the Ombudsman or the IBAC, or an investigation by the IBAC.

Subclause (11) makes two amendments to section 13ZR(2)(d). The first amendment relates to reporting of complaints relating to preventative detention orders. The second amendment relates to investigations undertaken relating to preventative detention orders. The amendments replace references to the DPI and PIA with references to the IBAC and IBAC Act.

Subclause (12) amends section 13ZS to update a reference to the IBAC to clarify that its powers and functions are not affected by Part 2A of the Terrorism (Community Protection) Act 2003, which deals with preventative detention orders.

Clause 168 amends the Witness Protection Act 1991.

Subclause (1) repeals the definition of Director in section 3(1) and inserts a definition of IBAC which has the same meaning as in the IBAC Act.

Subclauses (2) to (9) substitute various references to the "DPI" with references to the "IBAC" or IBAC Commissioner. These amendments give witnesses in the Victorian witness protection program a right to complain to the IBAC about

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police conduct in relation to their memorandum of understanding, and to appeal to the IBAC in relation to a decision to terminate protection and assistance, or to restore a witness' former identity. The DPI had previously performed these functions. An indemnity against divulging any matter or thing related to the performance of duties under the Act that applies to the DPI will be extended to the IBAC Commissioner.

Clause 169 inserts a transitional provision into the Witness Protection Act 1991. New section 27 will ensure that the IBAC can hear and determine appeals relating to the cessation of assistance and the restoration of identities made to the DPI under sections 17(5) and 19(6) unless the Director has already determined the appeal.

Division 6—Amendment of other Acts relating to notifications and other matters

Clause 170 inserts the following new definitions into section 5(1) of the Accident Compensation Act 1985 ("ACA"): corrupt conduct, IBAC and IBAC personnel.

Clause 171 inserts new Division 1 and a new heading for Division 2 of Part VIII of the ACA. Division 1 consists of sections 236C to 236F.

New section 236C requires the Chief Executive of the VWA to notify the IBAC of any matter which appears to involve corrupt conduct of which the VWA becomes aware in the performance of its statutory functions or duties or the exercise of its statutory powers. Section 236C does not apply to—

corrupt conduct of the IBAC or IBAC personnel; or

matters referred to the VWA by the IBAC under section 49C of the IBAC Act.

New section 236D allows the VWA's Chief Executive to consult with the IBAC for the purposes of deciding whether to make a notification to the IBAC under Division 1.

New section 236E allows the VWA's Chief Executive to provide or disclose to the IBAC information obtained in the performance of the VWA's statutory functions or duties, or the exercise of its statutory powers, if the Chief Executive considers that—

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the information is relevant to the performance of the IBAC's functions or duties or the exercise of its powers; and

it is otherwise appropriate to bring the information to the IBAC's attention, having regard to the nature of the information.

The provision or disclosure of information under new section 236E is subject to any overriding statutory restrictions on provision or disclosure.

Once the VWA is or becomes aware of an IBAC investigation, new section 236F requires the VWA to take all reasonable steps not to prejudice that investigation in the performance of its statutory functions or duties or the exercise of its statutory powers. The VWA may consult the IBAC for this purpose.

Clause 172 inserts the following new definitions into section 3 of the Electoral Act 2002: corrupt conduct, IBAC and IBAC personnel.

Clause 173 inserts new sections 19A to 19D into the Electoral Act 2002.

New section 19A requires the Electoral Commissioner to notify the IBAC of any matter which appears to involve corrupt conduct of which the Electoral Commissioner becomes aware in the performance of his or her statutory functions or duties or the exercise of his or her statutory powers. Section 236C does not apply to corrupt conduct of the IBAC or IBAC personnel; or

New section 19B allows the Electoral Commissioner to consult with the IBAC for the purposes of deciding whether to make a notification to the IBAC under new section 19A.

New section 19C allows the Electoral Commissioner to provide or disclose to the IBAC information obtained in the performance of his or her statutory functions or duties or the exercise of his or her statutory powers, if the Electoral Commissioner considers that—

the information is relevant to the performance of the IBAC's functions or duties or the exercise of its powers; and

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it is otherwise appropriate to bring the information to the IBAC's attention, having regard to the nature of the information.

The provision or disclosure of information under new section 19C is subject to any overriding statutory restrictions on provision or disclosure.

Once the Electoral Commissioner is or becomes aware of an IBAC investigation, new section 19D requires the Electoral Commissioner to take all reasonable steps not to prejudice that investigation in the performance of his or her statutory functions or duties or the exercise of his or her statutory powers. The Electoral Commissioner may consult the IBAC for this purpose.

Clause 174 inserts the following new definitions into section 4(1) of the Environment Protection Act 1970: corrupt conduct, IBAC and IBAC personnel.

Clause 175 inserts new Division 1A of Part X of the Environment Protection Act 1970. Division 1A consists of new sections 54C to 54F.

New section 54C requires the Chairman of the Environment Protection Authority ("EPA") to notify the IBAC of any matter which appears to involve corrupt conduct of which the Chairman becomes aware in the performance of his or her statutory functions or duties or the exercise of his or her statutory powers. Section 54C does not apply to—

corrupt conduct of the IBAC or IBAC personnel; or

matters referred to the EPA by the IBAC under section 49C of the IBAC Act.

New section 54D allows the Chairman to consult with the IBAC for the purposes of deciding whether to make a notification to the IBAC under Division 1A.

New section 54E allows the Chairman to provide or disclose to the IBAC information obtained in the performance of the EPA's statutory functions or duties or the exercise of its statutory powers, if the Chairman considers that—

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the information is relevant to the performance of the IBAC's functions or duties or the exercise of its powers; and

it is otherwise appropriate to bring the information to the IBAC's attention, having regard to the nature of the information.

The provision or disclosure of information under new section 54E is subject to any overriding statutory restrictions on provision or disclosure.

Once the EPA becomes aware of an IBAC investigation, new section 54F requires the EPA to take all reasonable steps not to prejudice that investigation in the performance of its statutory functions or duties or the exercise of its statutory powers. The EPA may consult the IBAC for this purpose.

Clause 176 inserts new section 60(3)(ab) into the Environment Protection Act 1970. Section 60 makes it an offence to disclose trade secrets and certain other information obtained during the course of a person's duties under the Act. Section 60(3) allows disclosure in certain circumstances. New section 60(3)(ab) allows disclosure for notifications under new section 54C, consultations under new section 54D and 54F, and the provision or disclosure of information under new section 54E.

Clause 177 inserts the following new definitions into section 4(1) of the Public Administration Act 2004: corrupt conduct, IBAC and IBAC personnel.

Clause 178 inserts new Division 4 of Part 4 of the Public Administration Act 2004. Division 4 consists of sections 74A to 74D.

New section 74A requires the chief executive officer of the State Services Authority ("SSA") to notify the IBAC of any matter which appears to involve corrupt conduct of which the chief executive officer becomes aware in the performance of his or her statutory functions or duties or the exercise of its statutory powers. Section 74A does not apply to corrupt conduct of the IBAC or IBAC personnel.

New section 74B allows the SSA's chief executive officer to consult with the IBAC for the purposes of deciding whether to make a notification to the IBAC under Division 4.

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New section 74C allows the SSA's chief executive officer to provide or disclose to the IBAC information obtained in the performance of the SSA's statutory functions or duties or the exercise of its statutory powers, if the chief executive officer considers that—

the information is relevant to the performance of the IBAC's functions or duties or the exercise of its powers; and

it is otherwise appropriate to bring the information to the IBAC's attention, having regard to the nature of the information.

The provision or disclosure of information under new section 74C is subject to any overriding statutory restrictions on provision or disclosure.

Once the SSA becomes aware of an IBAC investigation, new section 74D requires the SSA to take all reasonable steps not to prejudice that investigation in the performance of its statutory functions or duties or the exercise of its statutory powers. The SSA may consult the IBAC for this purpose.

Clause 179 inserts new section 47(3) into the Public Administration Act 2004. Section 47 prohibits persons from disclosing information coming to their attention in the conduct of a systems review, special inquiry or special review under the Act if that information could not have been disclosed but for the review or inquiry. New section 47(3) allows disclosure for notifications under new section 74A, consultations under new section 74B and 74D, and the provision or disclosure of information under new section 74C.

Clause 180 inserts the following new definitions into section 3A of the Racing Act 1958: corrupt conduct, IBAC and IBAC personnel.

Clause 181 amends section 37B of the Racing Act 1958 which sets out the functions of the Racing Integrity Commissioner ("Commissioner").

Subclause (1) inserts new section 37B(1)(d)(ia). The new provision gives the Commissioner the function of referring complaints which appear to involve corrupt conduct (other than corrupt conduct of the IBAC or IBAC Officers) to the IBAC.

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Subclause (2) inserts new section 37B(4) and (5). New section 37B(4) provides that new section 37B(1)(d)(ia) does not apply to complaints and notifications referred to the Commissioner by the IBAC under section 49C of the IBAC Act. New section 37B(5) provides that where a complaint is referred under section 37B(1)(d)(ia), the Commissioner must cease to investigate the complaint, provide the IBAC with any evidence in the Commissioner's possession or control, and cooperate with the IBAC and ensure that his or her staff provide the IBAC with all reasonable assistance.

Clause 182 inserts new section 37E(fa) and (fb) into the Racing Act 1958. Section 37E allows the Commissioner to disclose integrity related information (as defined in section 37E(2)) in certain circumstances. The amendments will allow the Commissioner to disclose integrity related information to the IBAC and to the VI.

Clause 183 inserts new section 37G to 37J into the Racing Act 1958.

New section 37G requires the Commissioner to notify the IBAC of any matter which appears to involve corrupt conduct of which the Commissioner becomes aware in the performance of his or her statutory functions or duties or the exercise of his or her statutory powers. Section 37G does not apply to—

corrupt conduct of the IBAC or IBAC personnel; or

matters referred to the Commissioner by the IBAC under section 49C of the IBAC Act.

New section 37H allows the Commissioner to consult with the IBAC for the purposes of deciding whether to make a referral or a notification to the IBAC.

New section 37I allows the Commissioner to provide or disclose to the IBAC information obtained in the performance of his or her statutory functions or duties or the exercise of his or her statutory powers, if the Commissioner considers that—

the information is relevant to the performance of the IBAC's functions or duties or the exercise of its powers; and

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it is otherwise appropriate to bring the information to the IBAC's attention, having regard to the nature of the information.

The provision or disclosure of information under new section 37I is subject to any overriding statutory restrictions on provision or disclosure.

If the Commissioner becomes aware of an IBAC investigation, new section 37J requires the Commissioner to take all reasonable steps not to prejudice that investigation in the performance of his or her statutory functions or duties or the exercise of his or her statutory powers. The Commissioner may consult the IBAC for this purpose.

PART 6—AUDIT ACT 1994 AND RELATED AMENDMENTS

Division 1—Amendments to Audit Act 1994

Clause 184 amends section 3 of the Audit Act 1994.

Subclause (1) amends the definition of Victorian Auditor-General's Office to make provision for the insertion of the definition of Victorian Inspectorate by subclause (2).

Subclause (2) inserts several new definitions. In particular, the following new terms are introduced.

compulsory appearance means the appearance of a person before the Auditor-General, or before a person authorised by the Auditor-General, in accordance with a requirement in writing under section 11(1).

Ombudsman officer has the meaning given in section 2(1) of the Ombudsman Act 1973.

presiding officer—

in relation to the compulsory appearance of a person, means the Auditor-General or person authorised by the Auditor-General before whom the person is appearing;

in relation to the voluntary appearance of a person, means the VAGO officer before whom the person is appearing.

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VAGO officer means any of the following—

the Auditor-General;

the Deputy Auditor-General;

a person appointed to act in the office of Auditor-General or Deputy Auditor-General;

an employee referred to in section 7E;

a person or firm engaged under section 7F;

an officer or employee of a person, or a partner or employee of a firm, engaged under section 7F;

a registered company auditor to whom the Auditor-General has delegated a function or power under section 7G;

a person (other than a person referred to above) whom the Auditor-general has authorised to exercise a power under section 11.

VAGO premises means any premises or part of premises occupied by the Victorian Auditor-General's Office or a VAGO officer, other than residential premises.

voluntary appearance means the appearance of a person before a VAGO officer in the course of or in relation to the performance of the Auditor-General's functions under this Act or any other Act, other than a compulsory appearance.

Subclause (3) inserts new section 3(2), which clarifies the definition of domestic partner in subsection (1).

Clause 185 amends sections 7B and 7G of the Audit Act 1994.

Subclause (1) inserts a note into section 7B that points users to section 20 of the Audit Act 1994, which is relevant to reports under section 7B.

Subclause (2) repeals section 7G(4). This is a definition of registered company auditor. This definition has been moved to the main definition section by clause 184.

Clause 186 amends section 11 of the Audit Act 1994.

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The clause inserts new section 11(1A) to provide that, if the Auditor-General or a person authorised by the Auditor-General intends to examine a person on oath under subsection (3), a requirement given to the person under subsection (1) must state the nature of matters about which the person to whom it is given is to be examined, except to the extent to which the Auditor-General or authorised person forms the opinion on reasonable grounds that this would be likely to prejudice the conduct of the audit to which the examination relates or would be contrary to the public interest.

The clause also inserts new section 11(1B), to provide that the Auditor-General or authorised person is not required to give reasons for forming an opinion under subsection (1A).

Clause 187 inserts new sections 11A to 11G in the Audit Act 1994, which require the Auditor-General to comply with certain procedural fairness requirements when conducting audits.

Section 11A provides that, within 3 days after giving a person a requirement in writing under section 11(1) (which empowers the Auditor-General or an authorised person to call for persons or documents), the Auditor-General must give a report in writing to the VI specifying the name of the person to whom the requirement was given and the reasons why the requirement was given.

Section 11B provides that—

a requirement given under section 11(1) to a person under the age of 16 years at the date the requirement is given has no effect; and

a person who claims to be under the age of 16 years at the date a requirement is given to them under section 11(1) must provide proof of age in accordance with the regulations to the Auditor-General.

Section 11C applies to a compulsory appearance by a person and provides that the person may seek legal advice from, and be represented by, a legal practitioner in relation to an audit conducted by the Auditor-General under the Audit Act 1994 or any other Act and the person's rights, liabilities, obligations and privileges under the Audit Act 1994.

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Section 11D provides that, within a reasonable time before commencing a performance audit, the Auditor-General must provide a copy of the final specification for that audit to any relevant authorities.

Section 11E applies to compulsory and voluntary appearances.

Section 11E(2) requires the presiding officer to take certain actions before a person appearing is asked any questions or required to produce any document.

Section 11E(3) provides that, if at any time during the appearance the presiding officer becomes aware that the person appearing is under the age of 16 years, they must immediately release the person from the appearance.

Section 11E(4) requires an interpreter to be present, where necessary.

Section 11E(5) provides that, if the person appearing is under the age of 18 years, the person must be accompanied by a parent or guardian or an independent person.

Section 11E(6) specifies when an independent person must be present during the appearance.

Section 11F applies to compulsory appearances only.

Section 11F(2) requires that the presiding officer must ensure that the appearance is audio or video recorded.

Section 11F(3) provides that, subject to subsection (4), evidence of anything said by the person appearing during the appearance is inadmissible as evidence against any person in any proceeding before a court or tribunal unless the appearance was audio or video recorded and the audio or video recording is available to be tendered in evidence.

Section 11F(4) provides that a court may admit evidence of anything said by the person appearing during the appearance that is otherwise inadmissible because of subsection (3) if the court is satisfied that there are exceptional circumstances that justify the admission of the evidence.

Section 11F(5) provides that, unless the Auditor-General considers on reasonable grounds that doing so may prejudice an audit, the person appearing must be provided with a copy of the audio or video recording and any transcript created.

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Section 11F(6) provides that, if the Auditor-General determines not to provide the person with a copy of the audio or video recording and any transcript in accordance with subsection (5), the Auditor-General must allow the person to listen to or view the recording of his or her evidence at VAGO premises at any reasonable time.

Section 11F(7) provides that as soon as possible after the appearance, the Auditor-General must provide the VI with a copy of the audio or video recording and any transcript of the appearance.

Section 11G applies to compulsory appearances only and provides that—

a legal practitioner representing a person appearing or assisting the presiding officer at an appearance has the same protection and immunity as a legal practitioner has in representing a party in a proceeding in the Supreme Court; and

the person appearing has the same protection and immunity as a witness has in a proceeding in the Supreme Court.

Clause 188 amends section 12(2) of the Audit Act 1994 to make it an offence for the Auditor-General or any other person to divulge or communicate information obtained directly or indirectly as a result of the operation of section 12(1), except as provided for by section 12(2).

The maximum penalty for this offence is 50 penalty units in the case of a natural person and 250 penalty units in the case of a body corporate.

Clause 189 inserts notes at the foot of sections 16(2), 16A(2) and 16B(1) of the Audit Act 1994 to clarify that the requirements relating to the content of reports inserted by clause 196 of this Bill apply to—

audit reports to Parliament;

reports to Parliament on the annual financial report of the State; and

reports to Parliament on estimated financial statements.

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Clause 190 substitutes section 16C(2) of the Audit Act 1994 to provide that sections 11, 11A, 11B, 11C, 11E, 11F, 11G, 12, 13, 14, 16, 16F, 20 and 20A, and Part 4A apply to audits in relation to financial benefits given by the State or an authority to a person or body that is not an authority as if references in the provisions to an authority were references to the person or body that received the benefit. This ensures that procedural fairness, notification and reporting requirements and information sharing powers apply to such audits.

Clause 191 substitutes section 16G(4) of the Audit Act 1994 to provide that sections 8, 9, 11, 11A, 11B, 11C, 11E, 11F, 11G, 12, 13, 14, 16, 16F, 20 and 20A, and Part 4A apply to an audit by the Auditor-General in relation to a person or body that is not an authority as if references in those provisions to an authority were references to that person or body. This ensures that procedural fairness, notification and reporting requirements and information sharing powers apply to such audits.

Clause 192 amends sections 17 and 18 of the Audit Act 1994. Subclause (1) substitutes subsections (5) and (6) for section 17(5) of the Audit Act 1994.

New section 17(5) provides that, subject to any directions given by the Parliamentary Committee, the provisions specified in subsection (6) apply in relation to an audit of the Victorian Auditor-General's Office by the independent auditor under this Part with necessary modifications.

New section 17(6) specifies that sections 11, 11B, 11C, 11E, 11F, 11G, 12 and 14 apply for the purposes of subsection (5), ensuring that procedural fairness requirements apply to such audits.

Subclause (2) inserts new section 18(5) of the Audit Act 1994 to provide that the requirements relating to the content of reports inserted by clause 195 of this Bill apply to a report by an independent auditor under section 18, with necessary modifications.

Clause 193 amends section 19 of the Audit Act 1994, which provides for performance audits of the Auditor-General and Victorian Auditor-General's Office.

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Subclause (1) substitutes section 19(5) to provide that, subject to any directions given by the Parliamentary Committee, the provisions specified in subsection (5A) apply in relation to an audit by the independent auditor under this Part with necessary modifications.

Subclause (1) also inserts new section 19(5A) to specify that sections 11, 11B, 11C, 11E, 11F, 11G, 12 and 14 apply for the purposes of section 19(5), ensuring that procedural fairness requirements apply to such audits.

Subclause (2) inserts new section 19(10) to provide that the requirements relating to the content of reports inserted by clause 195 of this Bill apply to a report of a person appointed under section 19, with necessary modifications.

Clause 194 inserts Part 4A into the Audit Act 1994 to provide for notifications and information sharing between integrity bodies. Part 4A contains new sections 19A to 19C.

Section 19A provides for the mandatory notification of potential corrupt conduct matters to the IBAC.

Section 19A(1) provides that the Auditor-General must notify the IBAC of any matter of which the Auditor-General becomes aware in the performance of functions under the Audit Act 1994 or any other Act that appears to involve corrupt conduct.

Section 19A(2) provides that subsection (1) applies despite the restriction on the disclosure of certain information contained in section 12(2).

Section 19A(3) provides that subsection (1) does not apply to anything that is referred to the Auditor-General by the IBAC under section 49C of the IBAC Act.

Section 19A(4) provides that, if the Auditor-General considers at any time that anything referred by the IBAC appears to involve conduct that is serious corrupt conduct, the Auditor-General must inform the IBAC. Section 19A(5) provides that section 19A does not apply to corrupt conduct of the IBAC or IBAC personnel. The new section 19B will apply to such conduct.

Section 19B provides for mandatory notification of matters to the VI which appear to be relevant to the VI's functions.

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Section 19B(1) provides that the Auditor-General must notify the VI of any matter of which the Auditor-General becomes aware in the performance of functions under the Audit Act 1994 or any other Act that—

appears to involve conduct of or in relation to the IBAC or IBAC personnel, or conduct (other than corrupt conduct, which must be notified to the IBAC under the new section 19A) of an Ombudsman officer, a VAGO officer, the Chief Examiner or an Examiner; and

appears to be relevant to the functions of the VI.

Section 19B(2) provides that subsection (1) applies despite anything to the contrary in section 12(2).

Section 19C allows the Auditor-General to share information received or obtained in the course of the performance of duties and functions or the exercise of powers under the Audit Act 1994 or any other Act with specified persons or bodies.

Section 19C(1) empowers the Auditor-General to provide or disclose information to a specified person or body if the Auditor-General considers that—

the information is relevant to the performance of the duties and functions of the exercise of the powers of the person or body; and

it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information.

Section 19C(2) specifies the following persons and bodies for the purposes of subsection (1): the IBAC, the VI, the Ombudsman, the Chief Commissioner of Police, the Director of Public Prosecutions, and a prescribed person or body.

Section 19C(3) provides that section 19C applies subject to any restriction on the provision or disclosure of information under the Audit Act 1994 (including the restriction in section 12(2)) or any other Act (including any Commonwealth Act).

Section 19C(4) clarifies that nothing in section 19C affects section 16F, which enables the Auditor-General to give written information to certain specified persons or bodies during the course of an audit.

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Clause 195 inserts new section 20 in the Audit Act 1994, which includes requirements relating to the content of reports by the Auditor-General under the Audit Act 1994 or any other Act.

Section 20(1) provides that the Auditor-General must not include certain matters in a report.

Section 20(2) provides that if the Auditor-General intends to include in a report a comment or an opinion that is adverse to any person who is to be named in the report and who is an officer or employee in an authority or department referred to in section 16(3)(a) of the Act, the authority or department head must, after receiving a copy of the proposed report or relevant part of the proposed report, give the person a reasonable opportunity to respond to the adverse material.

Section 20(3) provides that the Auditor-General must not include in a report the name of any person who is not the subject of any adverse comment or opinion unless the Auditor-General states in the report that the person is not the subject of any adverse comment or opinion.

Clause 196 inserts section 29 into the Audit Act 1994. Section 29 is a transitional provision.

Section 29(1) ensures that a new requirement (inserted by clause 186) to describe the nature of the matters about which the person is to be questioned applies to all requirements given under section 11 on or after the day on which clause 186 commences, even where an audit has already commenced.

Section 29(2) ensures that sections 11A and 11B (inserted by clause 187) will apply to audits that have already commenced. This will mean that the Auditor-General will have to report to the VI requirements that the Auditor-General has given. Requirements given to children under the age of 16 will be of no effect.

Section 29(3) ensures that any requirements given to children under 16 under section 11(1) of the Audit Act 1994 cease to have effect.

Section 29(4) ensures that section 11C applies to audits that have already commenced. Section 11C is a requirement for the Auditor-General to advise a person about the nature of questioning before that person makes a voluntary appearance.

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Section 29(5) ensures that sections 11D, 11E, 11F and 11G apply to audits that have already commenced. These sections are additional procedural fairness requirements that are imposed on the Auditor-General.

Section 29(6) ensures that section 20 (inserted by clause 195) applies to reports made on or after the day clause 195 commences. Section 20 imposes procedural requirements for adverse findings in reports.

Division 2—Amendments to Victorian Inspectorate Act 2011

Clause 197 amends the purposes specified in section 1 of the VI Act to ensure that the breadth of the VI's purposes, including oversight of other integrity, accountability or investigatory bodies or officers, is reflected in the section.

Clause 198 inserts necessary definitions in section 3(1) of the VI Act.

Clause 199 amends section 4 of the VI Act to include the independent oversight of VAGO officers as an object of the VI.

Clause 200 inserts new section 5A in the VI Act.

Section 5A provides that the VI Act applies to and in respect of certain conduct of any VAGO officer all or part of which occurred at any time during the period of 12 months before the commencement of this section.

Clause 201 amends section 9 of the VI Act, which sets out the functions of the VI.

Subclause (1) substitutes section 9(2)(c) to limit the application of the particular function to conduct of the IBAC and IBAC personnel and inserts new section 9(2)(da) to provide for monitoring the interaction between IBAC and other integrity bodies.

Subclause (2) inserts new section 9(3) to set out the VI's functions in respect of VAGO officers.

Clause 202 amends the delegation provision in section 23 of the VI Act. The clause inserts new section 23(1)(ia), to restrict the power of delegation with respect to authorisations of VI Officers entering VAGO premises under section 33N(3) (inserted by clause 213 of this Bill).

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Clause 203 inserts new Part 2B into the VI Act to provide for matters the Auditor-General must report to the VI. Part 2B contains new section 28H.

Section 28H(1) provides that the VI may require the Auditor-General to provide a written report specifying certain matters in relation to the attendance of a person at a compulsory appearance within the meaning of the Audit Act 1994.

Section 28H(2) provides that the Auditor-General must give the report under subsection (1) as soon as possible after the request is received.

Clause 204 inserts sections 29(3) and (4) of the VI Act to provide for complaints to be made to the VI about certain conduct of VAGO officers.

Clause 205 amends section 30 of the VI Act to empower the VI to investigate complaints it receives about certain conduct of VAGO officers.

Subclause (1) inserts a reference to section 29(1), reflecting the insertion of other subsections by clause 204.

Subclause (2) inserts new subsection (3) to provide that, if the VI decides to investigate a complaint about the conduct of a VAGO officer made under section 29(3), the VI must notify the Auditor-General in writing unless the VI reasonably believes that giving notice of the investigation would prejudice the investigation of the complaint.

Clause 206 inserts new subsection (2) in section 31 of the VI Act to provide the VI with own motion investigation powers in relation to certain conduct of VAGO officers.

Clause 207 amends the provisions relating to the conduct of investigations in section 32 of the VI Act.

Subclause (1) clarifies that the powers of the VI when conducting an investigation under section 32(1) apply only in respect of the IBAC or IBAC personnel.

Subclause (2) inserts new section 32(1A) to provide investigation powers for the VI in relation to VAGO officers.

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Subclause (3) substitutes section 32(5) to provide that VI may conduct an investigation in relation to a VAGO officer even though the Auditor-General is conducting an audit into a related matter.

Clause 208 amends section 33 of the VI Act to apply the requirement to provide assistance to the VI to the Auditor-General and other VAGO officers.

Subclause (1) clarifies that section 33(1) only applies to an investigation in respect of the IBAC or IBAC personnel.

Subclause (2) inserts new section 33(2) to provide that the Auditor-General must—

give any assistance; and

ensure that VAGO officers give any assistance—

to the VI that the VI reasonably requires to enable the VI to conduct any investigation in relation to a VAGO officer under this Part.

Clause 209 amends section 33B(d) of the VI Act, to empower the VI to enter and search VAGO premises and inspect, copy or seize any document or thing in accordance with section 33N when conducting an inquiry.

Clause 210 amends section 33F(4) of the VI Act, which sets out the content and form requirements for witness summonses, to—

amend paragraph (g) to provide that a witness summons issued by the VI in respect of a VAGO officer must state that, if the person is a VAGO officer, neither the Auditor-General nor the Victorian Auditor-General's Office is entitled to assert any privilege; and

amend paragraph (i) to ensure that VAGO officers are aware that statutory secrecy provisions may apply.

Clause 211 amends sections 33J(2)(c) and (d) and 8(c) and (d) of the VI Act to clarify the circumstances in which the VI may direct a witness not to seek legal advice or representation from a specified Australian legal practitioner in relation to a witness summons.

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Clause 212 amends section 33N of the VI Act, which empowers the VI to enter and inspect certain premises and to seize documents and things found therein.

Subclause (1) amends section 33N(1) to clarify that the powers of entry, inspection and seizure set out in that subsection apply only in respect of the IBAC or IBAC personnel.

Subclause (2) inserts new section 33N(3) to give the VI the same entry and search powers in relation to VAGO officers as it has in relation to the IBAC and IBAC personnel.

Subclause (3) inserts new section 33N(4) to provide that the VI must not exercise the power conferred by section 33N(3) unless the VI considers on reasonable grounds that the Auditor-General or any VAGO officer has wilfully failed to give assistance in accordance with section 33(2), inserted by clause 209 of this Bill.

Clause 213 inserts new subsections (5) and (6) after section 33S(4) of the VI Act to provide that—

if a person is a VAGO officer, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as a VAGO officer imposed by any enactment or any rule of law is overridden and does not apply to the disclosure of information under Part 3; and

if a person is a VAGO officer, neither the Auditor-General nor the Victorian Auditor-General's Office is entitled to assert any privilege in relation to any requirement for that person to provide information under Part 3, and any such privilege is abrogated.

Clause 214 amends section 33T of the VI Act, which provides for circumstances in which the privilege against self-incrimination does not apply. The amendment inserts new section 33T(2)(ba) to include offences against the Audit Act 1994 as an exception in which evidence given to the VI that might tend to incriminate a person or make the person liable to a penalty may be admissible against that person in proceedings.

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Clause 215 amends section 35 of the VI Act, to clarify that recommendations for further action can only be made under this section in respect of IBAC personnel. Subclause (1) inserts "in respect of IBAC personnel" after "action" in the heading, so that it reads "Recommendation for further action in respect of IBAC personnel". Subclause (2) corrects a minor drafting issue, substituting "undertaking of a" for "taking of" in section 35(1).

Clause 216 inserts new sections 35A and 35B into the VI Act. These sections provide similar powers for the VI to make recommendations in relation to VAGO officers as it has under sections 34 and 35 in relation to the IBAC and IBAC personnel.

Clause 217 inserts new section 36A(2)(da) of the VI Act to provide that the VI must not provide any information to a complainant about the results of an investigation or inquiry if the VI considers that the provision of the information would prejudice an audit by the Auditor-General.

Clause 218 amends section 37 of the VI Act, which specifies the actions that the VI can take after conducting an investigation.

Subclause (1) clarifies that the powers of the VI after conducting an investigation set out in section 37(1) apply only in respect of an investigation in relation to the IBAC or IBAC personnel.

Subclause (2) inserts new section 37(2) to provide for the action the VI may take after an investigation in relation to VAGO officers. This is similar to the action the VI may take under section 37(1) in relation to the IBAC and IBAC personnel.

Clause 219 amends section 38 of the VI Act, which sets out the matters which must be included in the VI's annual report.

Subclause (1) inserts new paragraphs (ea), (eb) and (ec) in section 38(1) to provide that matters relating to the Auditor-General must be included in the VI's annual report.

Subclause (2) inserts new section 38(4A) to provide that, if the VI is aware of an audit that is being or has been conducted by the Auditor-General in relation to a matter or person to be included in its annual report, the VI must not include in the annual report any information which would prejudice the audit.

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Clause 220 amends the definition of relevant person or body in section 40(2) of the VI Act to—

insert "or 35B(3)(f)" after "section 35(3)(f)" in paragraph (dc), consistent with the paragraph inserted by clause 217 of this Bill, to exempt from the Freedom of Information Act 1982 documents in the possession of persons to whom a recommendation has been made under new section 35B; and

substitute paragraph (g) with new paragraph (g) to include VAGO officers as relevant persons for the purpose of the exemption from the Freedom of Information Act 1982.

Division 3—Amendments to Parliamentary Committees Act 2003

Clause 221 inserts necessary definitions in section 3(1) of the Parliamentary Committees Act 2003.

Clause 222 amends section 12A(1)(f), (g) and (h) of the Parliamentary Committees Act 2003 to clarify that the IBAC Committee of Parliament is empowered to monitor, review and report on the VI's activities, other than its activities in relation to Ombudsman officers and VAGO officers. Those activities will be overseen by other Parliamentary Committees (see clauses 224 and 260).

Clause 223 amends section 14 of the Parliamentary Committees Act 2003, which sets out the functions of the Public Accounts and Estimates Committee.

Subclause (1) inserts new paragraphs (ab), (ac) and (ad) to confer functions on the Public Accounts and Estimates Committee in relation to the VI's oversight of VAGO officers.

Subclause (2) inserts new section 14(2) to further clarify the role of the Public Accounts and Estimates Committee in relation to the VI's oversight of VAGO officers. Section 14(2) is similar to section 12A(2) which further clarifies the role of the IBAC Committee in relation to the VI's oversight of the IBAC.

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PART 7—OMBUDSMAN ACT 1973 AND RELATED AMENDMENTS

Division 1—Amendments to Ombudsman Act 1973

Clause 224 amends section 2 of the Ombudsman Act 1973.

Subclause (1)(a) inserts new definitions. In particular—

compulsory appearance means—

the appearance of a person before the Ombudsman in accordance with a witness summons; or

the appearance of a person before an Ombudsman officer otherwise than in accordance with a witness summons, in which the person is examined under section 18 of the Evidence (Miscellaneous Provisions) Act 1958.

exempt person or body means a person or body specified in Schedule 2.

member of Ombudsman staff means any of the following—

an employee referred to in section 7;

a person seconded to the office of the Ombudsman;

a person otherwise engaged to provide services to or assist the Ombudsman in the performance of the Ombudsman's functions.

Ombudsman officer means any of the following—

the Ombudsman;

the Acting Ombudsman;

a member of Ombudsman staff.

Ombudsman premises means any premises or part of premises occupied by the office of the Ombudsman or an Ombudsman officer, other than residential premises.

presiding officer means the Ombudsman officer before whom a person is appearing at a compulsory appearance or voluntary appearance.

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restricted matter means—

any evidence given by a person at a compulsory appearance or a voluntary appearance;

the contents of any document, or a description of any thing, produced by a person at a compulsory appearance or a voluntary appearance;

the contents of any document, or a description of any thing, which has been inspected under section 21;

the existence of, or any information about, a confidentiality notice or a witness summons;

the subject matter of an investigation in relation to which a witness summons has been issued; or a person has appeared, or has been requested to appear, at a voluntary appearance;

any information that could enable a person who has given, or may give, evidence, or who has produced, or may produce, any document or thing at a compulsory appearance or a voluntary appearance, to be identified or located;

the fact that a person has given, or may give, evidence, or has produced, or may produce, any document or thing at a compulsory appearance or a voluntary appearance.

specified entity means a person or body specified in column 1 of Schedule 1.

voluntary appearance means the appearance of a person before an Ombudsman officer in the course of or in relation to the performance of the Ombudsman's functions under this act or any other Act, other than a compulsory appearance.

witness summons means a summons issued by the Ombudsman under section 17 of the Evidence (Miscellaneous Provisions) Act 1958.

Subclauses (1)(b) to (f) substitutes existing definitions and repeals the definition of Government Department, which is replaced by a definition of Department.

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Subclause (2) clarifies the definition of domestic partner in section 2(1).

Subclause (3) amends section 6(1) of the Ombudsman Act 1973 to clarify when an Acting Ombudsman can be appointed.

Clause 225 amends section 10 of the Ombudsman Act 1973. Section 10 requires the Ombudsman and members of Ombudsman staff to take an oath or make an affirmation of office. The amendments reflect new terminology inserted by clause 225 of this Bill.

Clause 226 substitutes section 12 of the Ombudsman Act 1973, which restricts the Ombudsman and the Ombudsman's employees from engaging in outside employment. This amendment will enable an employee to engage in paid employment outside his or her duties by obtaining the consent of the Ombudsman. Currently, the consent of the Governor in Council is required.

Clause 227 substitutes section 13 and inserts new sections 13AA and 13AB of the Ombudsman Act 1973 to clarify the functions of the Ombudsman.

Section 13 sets out the principal function of the Ombudsman.

Section 13(1) provides that the principal function of the Ombudsman is to enquire into or investigate any administrative action taken by or in an authority, other than administrative action that appears to involve corrupt conduct or that is taken under the Freedom of Information Act 1982.

Section 13(2) provides that this function includes the power to enquire into or investigate whether any administrative action that he or she may enquire into or investigate under subsection (1) is incompatible with a human right set out in the Charter of Human Rights and Responsibilities Act 2006. This section is equivalent to current section 13(1A).

Section 13(3) clarifies that the Ombudsman may exercise his or her powers in relation to administrative action taken by or in an authority even if the action was taken on behalf of, or in the performance of any function conferred on, a person who or body which is not an authority. Subsection (3) also provides that nothing in the Ombudsman Act 1973 authorises the Ombudsman to question the merits of any decision made by

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such a person or body. This section is equivalent to current section 13(6).

Section 13(4) provides that if administrative action is taken by a person who or by or in a body which is not an authority (other than an exempt person or body) under any powers or functions conferred on or instructions given by an authority, the administrative action is, for the purposes of the Ombudsman Act 1973, taken to be the administrative action of the authority, and the powers of the Ombudsman in respect of that action may be exercised accordingly. This section is equivalent to current section 13(7).

Section 13AA provides for other functions of the Ombudsman.

Section 13AA(1)(a) empowers the Ombudsman to enquire into or investigate any administrative action taken by or in an authority that appears to involve corrupt conduct on referral from the IBAC under Division 4 of Part 3 of the IBAC Act.

Section 13AA(1)(b) provides that it is a function of the Ombudsman to monitor compliance with Part 2A of the Prevention of Cruelty to Animals Act 1986 by certain officers. This is equivalent to the function in current section 13(2AAA).

Section 13AA(1)(c) provides that it is a function of the Ombudsman to monitor compliance with Part 2A of the Domestic Animals Act 1994 by certain persons. This is equivalent to current section 13(2AC).

Section 13AA(1)(d) provides that the Ombudsman has any other functions conferred by or under this or any other Act.

Section 13AA(2) provides that the function of the Ombudsman under subsection (1)(a) includes the power to enquire into or investigate whether any administrative action referred to in that subsection is incompatible with a human right set out in the Charter of Human Rights and Responsibilities Act 2006. This is equivalent to current section 13(1A).

Section 13AA(3) clarifies that the Ombudsman is not required to enquire into or investigate anything done or omitted to be done by an exempt person or body. This is similar to current section 13(3).

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Section 13AB precludes the Ombudsman from prejudicing legal proceedings or investigations.

Section 13AB(1) provides that the Ombudsman must not perform his or her functions or duties or exercise his or her powers in a manner that would prejudice any criminal proceedings or investigations or investigations by the IBAC or the VI.

Section 13AB(2) provides that, for the purposes of complying with subsection (1), the Ombudsman may consult specified persons.

Clause 228 amends section 13A of the Ombudsman Act 1973 to enable the Ombudsman to conduct an enquiry as a consequence of a referred complaint or a referred matter under sections 16B, 16C and 16D (see clause 231), and reflect the new definition of authority inserted by clause 224 of this Bill.

Clause 229 substitutes Division 1 of Part IV of the Ombudsman Act 1973. Division 1 contains new sections 14, 15, 15A and 15B.

Section 14 sets out how complaints may be made to the Ombudsman.

Section 14(1) specifies who may make a complaint, effectively combining current sections 14(2)(a) and (4).

Section 14(2) provides that a complaint must be made in writing except in specified circumstances.

Section 14(3) provides that the Ombudsman may deal with a complaint even if, on the face of it, the complaint does not refer to an administrative action taken by or in an authority if the Ombudsman considers there is a likelihood that the cause for complaint arose from such an action. This is equivalent to current section 14(5).

Section 15 provides that the Ombudsman must refuse to deal with a complaint—

that appears to involve corrupt conduct or police personnel conduct other than to notify the IBAC or the VI under Division 2C;

about administrative action that is taken under the Freedom of Information Act 1982, other than to notify the Freedom of Information Commissioner about

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complaints that could be made the subject of a complaint to the Freedom of Information Commissioner;

if dealing with the complaint would prejudice legal proceedings or investigations contrary to section 13AB, inserted by clause 227 of this Bill;

relating to terms and conditions of employment of persons who are or were employed by or in an authority unless the Ombudsman considers that the matter merits investigation in order to avoid injustice. This is equivalent to current section 13(5);

if the Ombudsman considers that a complainant has or had a right of appeal or referral to, or review by, a tribunal, unless the Ombudsman considers that in the particular circumstances it would not be reasonable to expect or have expected the complainant to exercise that right; or the matter merits investigation to avoid injustice. This is equivalent to current section 13(4)(a);

if the Ombudsman considers that a complainant has or had a remedy by taking proceedings in a court, unless the Ombudsman considers that in the particular circumstances it would not be reasonable to expect or have expected the complainant to take those proceedings; or the matter merits investigation to avoid injustice. This is equivalent to current section 13(4)(b).

Section 15A enables the Ombudsman to refuse to deal with certain complaints. This replaces current section 15 and provides the Ombudsman with new grounds to refuse to deal with certain complaints.

Section 15A(1) provides that the Ombudsman may refuse to deal with a complaint if the Ombudsman considers—

the subject-matter of the complaint is trivial, consistent with current section 15(a)(i); or

the complaint is frivolous or vexatious or is not made in good faith, consistent with current section 15(a)(ii); or

the complaint lacks substance or credibility; or

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the subject-matter of the complaint has already been investigated or otherwise dealt with by an integrity body within the meaning of the IBAC Act or any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions.

Section 15A(2) provides that, similar to current section 15(b), the Ombudsman may refuse to deal with a complaint if the complainant—

made the complaint more than 12 months after becoming aware of the administrative action; and

fails to give a satisfactory explanation for the delay in making the complaint.

Section 15B clarifies that, subject to section 15 and 15A, the Ombudsman may conduct an investigation under the Ombudsman Act 1973 on a complaint.

Clause 230 amends section 16 of the Ombudsman Act 1973 to insert a note pointing users to section 25AB (which provides for the manner of reporting) and repeal subsection (3), which is to be re-enacted as new section 25AB (see clause 242).

Clause 231 inserts new Divisions 2A to 2E in Part IV of the Ombudsman Act 1973. These Divisions insert sections 16A to 16L.

Division 2A sets out when the Ombudsman may conduct own motion investigations and contains new section 16A.

Section 16A provides for own motion investigations by the Ombudsman.

Section 16A(1) provides that, subject to section 13AB and this section, the Ombudsman may conduct an investigation on his or her own motion into any administrative action taken by or in an authority. This own motion power is currently set out in section 14(1).

Section 16A(2) provides that the Ombudsman must not conduct an own motion investigation into any administrative action that appears to involve corrupt conduct.

Section 16A(3) provides that the Ombudsman must not conduct an own motion investigation into any administrative action that is taken under the Freedom of Information Act 1982.

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Section 16A(4) provides that the Ombudsman must not conduct an own motion investigation into a matter relating to terms and conditions of employment of persons who are or were employed by or in an authority unless the Ombudsman considers that the matter merits investigation in order to avoid injustice. This is equivalent to current section 13(5).

Section 16A(5) provides that if the Ombudsman considers that a person aggrieved by any administrative action taken by or in an authority has or had a right of appeal or referral to, or review by, a tribunal, the Ombudsman must not conduct an own motion investigation into the matter unless the Ombudsman considers that in the particular circumstances—

it would not be reasonable to expect or have expected the complainant to exercise that right; or

the matter merits investigation to avoid injustice.

This is consistent with current section 13(4)(a).

Section 16A(6) provides that, if the Ombudsman considers that a person aggrieved by any administrative action taken by or in an authority has or had a remedy by taking proceedings in a court, the Ombudsman must not conduct an own motion investigation into the matter unless the Ombudsman considers that in the particular circumstances—

it would not be reasonable to expect or have expected the complainant to take those proceedings; or

the matter merits investigation to avoid injustice.

This is consistent with current section 13(4)(b).

Division 2B sets out how complaints and matters may be referred to and dealt with by the Ombudsman and contains new sections 16B to 16D.

Section 16B defines referred complaints and referred matters.

Section 16C sets out the manner in which the Ombudsman may deal with referred complaints. If a referred complaint could be made the subject of a complaint under section 14 it is to be dealt with as if it were such a complaint. However, section 16C(3) provides that the requirement in section 15(1) for the Ombudsman to refuse to deal with a complaint that appears to involve corrupt conduct or police personnel conduct (other than

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notifying the IBAC or VI) does not apply to a referred complaint that is a complaint referred to the Ombudsman by the IBAC under section 49C of the IBAC Act.

Section 16D sets out how the Ombudsman may deal with referred matters. If a referred matter could be made the subject of an own motion investigation by the Ombudsman it is to be dealt with as if it were an own motion investigation. However, section 16D(3) provides that section 16A(2), which precludes the Ombudsman from conducting an own motion investigation into administrative action that involves corrupt conduct, does not apply to a notification referred to the Ombudsman by the IBAC under section 49C of the IBAC Act.

Division 2C sets out when the Ombudsman must make a notification to the IBAC, the VI and the Freedom of Information Commissioner and contains new sections 16E, 16F and 16G.

Section 16E(1) provides for mandatory notifications of certain matters by the Ombudsman to the IBAC where those matters appear to involve corrupt conduct or police personnel conduct.

Section 16E(2) provides that, if the Ombudsman notifies the IBAC of a complaint, the Ombudsman must inform the complainant in writing.

Section 16E(3) provides that subsection (1) does not apply to anything that is referred to the Ombudsman by the IBAC under section 49C of the IBAC Act.

Section 16E(4) provides that, if the Ombudsman considers at any time that anything referred by the IBAC appears to involve conduct that is serious corrupt conduct, the Ombudsman must inform the IBAC.

Section 16E(5) provides that section 16E does not apply to corrupt conduct of the IBAC or IBAC personnel. Section 16F will apply to such conduct.

Section 16F provides for mandatory notifications by the Ombudsman to the VI.

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Section 16F(1) provides that the Ombudsman must notify the VI of any of the following—

a complaint or referred matter that involves conduct of the IBAC or IBAC personnel;

a complaint or referred matter that appears to involve conduct (other than corrupt conduct) of an Ombudsman officer, a VAGO officer, the Chief Examiner or an Examiner.

Section 16F(2) provides that the Ombudsman must notify the VI of any matter relating to conduct referred to in section 16F(1)(a) or (b) of which the Ombudsman becomes aware in the course of dealing with a complaint, conducting an own motion investigation or performing any other functions under the Ombudsman Act 1973, if the Ombudsman considers that the matter is relevant to the performance of the functions of the VI.

Section 16F(3) provides that, if the Ombudsman notifies the VI of a complaint, the Ombudsman must notify the complainant in writing.

Section 16G provides for mandatory notifications by the Ombudsman to the Freedom of Information Commissioner.

Section 16G(1) provides that the Ombudsman must notify certain complaints to the Freedom of Information Commissioner.

Section 16G(2) provides that the Ombudsman must inform the complainant in writing of a notification under subsection (1).

Division 2D sets out when the Ombudsman may refer complaints and contains new sections 16H to 16K.

Section 16H provides that Division 2D does not apply to a complaint that appears to involve corrupt conduct or police personnel conduct, a complaint that must be notified to the IBAC under section 16E or to the VI under section 16F or a complaint that is about administrative action that is taken under the Freedom of Information Act 1982.

Section 16I provides that the Ombudsman may refer a complaint to a person or body specified in Schedule 3 if, at any time, the Ombudsman considers that—

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the subject matter of the complaint is relevant to the performance of the duties and functions or the exercise of powers of the person or body; and

it would be more appropriate for the complaint to be dealt with by the person or body rather than by the Ombudsman.

Section 16J provides that if the Ombudsman refers a complaint to a person or body under section 16I, the Ombudsman must inform the complainant in writing, and may inform the following in writing—

the principal officer (if any) of the authority to which the complaint relates; and

the responsible Minister for the authority to which the complaint relates; and

if the authority to which the complaint relates is a member of staff of a Council, the Mayor of the Council.

Section 16K provides that, for the purposes of deciding whether to make a referral under this Division to a person or body, the Ombudsman may consult that person or body.

Division 2E sets out when the Ombudsman may share information and contains new section 16L.

Section 16L provides for the sharing of information by the Ombudsman with specified persons and bodies.

Section 16L(1) provides that the Ombudsman may at any time provide or disclose any information received or obtained in the course of the performance of duties and functions or the exercise of powers under this Act to a person or body specified in subsection (2) if the Ombudsman considers that—

the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and

it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information.

Section 16L(2) specifies the bodies for the purposes of the subsection (1).

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Section 16L(3) provides that subsection (1) applies subject to any restriction on the provision or disclosure of information under the Ombudsman Act 1973 or any other Act (including any Commonwealth Act).

Clause 232 amends section 17 of the Ombudsman Act 1973.

Subclause (1) substitutes section 17(1) which sets out who the Ombudsman must inform before conducting an investigation under the Ombudsman Act 1973.

Subclause (2) removes references to legal representation from section 17(3). New arrangements for legal representation are contained in section 18C inserted by clause 235.

Subclauses (3) and (4) substitute sections 17(4), (5A) and (6) to reflect the changes in terminology adopted by clause 225.

Clause 233 amends section 18 of the Ombudsman Act 1973 to insert the heading "Investigation powers and privileges" and insert new subsections (1A) and (1B).

Section 18(1A) provides that a witness summons must be in the prescribed form (if any) and if the witness summons requires the person to whom it is directed to give evidence, must state the nature of the matters about which the person is to give evidence, except to the extent to which the Ombudsman forms the opinion on reasonable grounds that this may prejudice the conduct of the investigation to which the witness summons relates or be contrary to the public interest.

Section 18(1B) provides that the Ombudsman is not required to give reasons for forming this opinion.

Clause 234 inserts new sections 18A to 18G of the Ombudsman Act 1973 which are equivalent or broadly equivalent to the new sections 11C to 11G inserted into the Audit Act 1994 by clause 187 of this Bill.

Section 18A requires the Ombudsman to give a written report to the VI within 3 days after the issue of a witness summons, specifying—

the name of the person summoned; and

the reasons why the person was summoned.

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Section 18B provides that a witness summons directed to a person under the age of 16 years at the date of issue has no effect, and requires a person who claims to be under the age of 16 years at the date of issue to provide proof of age to the Ombudsman in accordance with Rules of Parliament made under the Act.

Section 18C provides for legal advice and representation.

Section 18C(1) provides that a person may seek legal advice from, and be represented by, a legal practitioner in relation to an enquiry or investigation conducted by the Ombudsman under the Ombudsman Act 1973 and the person's rights, liabilities, obligations and privileges under the Ombudsman Act 1973.

Section 18C(2) provides that, without limiting subsection (1) but subject to subsection (3), a person may seek legal advice, and be represented by, a legal practitioner in relation to—

the issue of a witness summons directed to the person;

a compulsory appearance by the person;

a proposed report, or draft or part of a proposed report, under the Ombudsman Act 1973 received by the person.

Section 18C(3) provides that the Ombudsman may direct a person in writing not to seek legal advice or representation from a specified legal practitioner in relation to any or all of the matters referred to in section 18C(2) in certain circumstances.

Section 18C(4) provides that a direction under subsection (3) may be given to a person at any time and takes effect at the time it is given to the person.

Section 18C(5) provides that, if the Ombudsman directs a person not to obtain representation from a specified legal practitioner in relation to the issue of a witness summons or a compulsory appearance, the Ombudsman must allow the person at least 3 days after the direction is given for the person to obtain representation by another legal practitioner before the person is required to comply with the witness summons or appear at the compulsory appearance.

Section 18C(6) requires the Ombudsman to inform the VI in writing 24 hours after giving a direction of the direction and the reasons for giving it.

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Section 18D provides that, within a reasonable time before a voluntary appearance, the Ombudsman must advise the person who is to appear of the nature of the matters in respect of which the person is to be asked questions, except to the extent to which the Ombudsman forms the opinion on reasonable grounds that this may prejudice the audit to which the appearance relates or may be contrary to the public interest. The Ombudsman is not required to give reasons for forming this opinion. This is equivalent to the requirement in relation to compulsory appearances in section 18(1A).

Section 18E applies to compulsory and voluntary appearances.

Section 18E(2) requires the presiding officer to take certain actions before a person appearing is asked any questions or required to produce any documents.

Section 18E(3) provides that, at any time during the appearance, if the presiding officer becomes aware that the person appearing is under the age of 16 years, the presiding officer must immediately release the person from the appearance.

Section 18E(4) requires interpreters to be provided, where necessary.

Section 18E(5) provides that, if the person appearing is under the age of 18 years, the person must be accompanied by a parent or guardian or an independent person.

Section 18E(6) specifies when the presiding officer must direct that an independent person be present during an appearance.

Section 18F applies to compulsory appearances only.

Section 18F(2) provides that the presiding officer must ensure that the appearance is audio or video recorded.

Section 18F(3) provides that, subject to subsection (4), evidence of anything said by the person appearing during the appearance is inadmissible as evidence against any person in any proceeding before a court or tribunal unless the appearance was audio or video recorded and the audio or video recording is available to be tendered in evidence.

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Section 18F(4) provides that a court may admit evidence of anything said by the person appearing during the appearance that is otherwise inadmissible because of subsection (3) if the court is satisfied that there are exceptional circumstances that justify the admission of the evidence.

Section 18F(5) provides that, unless the Ombudsman considers on reasonable grounds that doing so may prejudice an investigation under the Ombudsman Act 1973, the person appearing must be provided with a copy of the audio or video recording and any transcript created.

Section 18F(6) provides that, if the Ombudsman determines not to provide the person with a copy of the audio or video recording and any transcript in accordance with subsection (5), the Ombudsman must allow the person to listen to or view the recording of his or her evidence at Ombudsman premises at any reasonable time.

Section 18F(7) provides that as soon as possible after the appearance, the Ombudsman must provide the VI with a copy of the audio or video recording and any transcript of the appearance.

Section 18G applies to compulsory appearances only and provides that—

a legal practitioner representing a person appearing or assisting the presiding officer at an appearance has the same protection and immunity as a legal practitioner has in representing a party in a proceeding in the Supreme Court; and

the person appearing has the same protection and immunity as a witness has in a proceeding in the Supreme Court.

Clause 235 amends section 20 of the Ombudsman Act 1973. Subclause (1) inserts a new heading to clarify that section 20 is now a transitional provision. Subclause (2) repeals section 20(3), which limits the ability to use information received by the Ombudsman as evidence. Section 20(3) is being re-enacted as section 29B by clause 248. Subclause (3) inserts new section 20(5) to provide that section 20 does not apply to any information obtained or received by a person on or after the commencement of Division 1 of Part 7 of this Bill.

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Section 20 will become transitional in nature with the introduction of a new confidentiality regime (see new Part VA, inserted by clause 244).

Clause 236 repeals sections 20B, 20C and 20D of the Ombudsman Act 1973, dealing with communication of information to the Privacy Commissioner, the Health Services Commissioner and the Freedom of Information Commissioner. Disclosure of information by the Ombudsman to these persons is now provided for under section 16L, inserted by clause 231 of this Bill.

Clause 237 amends section 21 of the Ombudsman Act 1973, to reflect the new term "member of Ombudsman staff" inserted by clause 224 of this Bill.

Clause 238 repeals Division 3A of Part IV of the Ombudsman Act 1973, as the Ombudsman's role in investigating compliance with the Melbourne City Link Act 1995 is being transferred to the IBAC by clause 258 of this Bill.

Clause 239 amends section 23 of the Ombudsman Act 1973.

Subclause (1) amends section 23(2) to ensure that a report under that section is made by the Ombudsman in relation to an authority even if there is no principal officer for that authority within the meaning of the Ombudsman Act 1973.

Subclause (2) substitutes section 23(3) to provide that, if the Ombudsman makes a report or recommendations under subsection (2), the Ombudsman—

must send a copy to the responsible Minister for the authority (unless the Ombudsman made that report or recommendations to the responsible Minister under subsection (2)) and, if the authority is a member of staff of a Council, to the Mayor of the Council; and

may send a copy to the Premier.

This is consistent with current section 23(3) and intended to clarify the operation of the provision.

Subclause (3) amends section 23(4) and (5) to reflect that, by virtue of the amendment in subclause (1), some reports may be made to the responsible Minister, and to reflect the insertion of definitions of Council and Mayor of the Council by clause 224.

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The clause also repeals section 23(7), which gave a right of reply to adverse findings before the publication of those findings. A similar provision is being inserted by clause 244 (see new section 25A(2)).

Clause 240 inserts new section 24(3) of the Ombudsman Act 1973 to provide that the Ombudsman must not disclose information about the result of an investigation into a complainant under section 24 in certain circumstances.

Clause 241 amends the heading to section 25AA of the Ombudsman Act 1973 to reflect that the only reports that can be transmitted to Parliament under that section are those made under sections 23(6) and 26. Other provisions dealing with reporting have their own procedures for transmission (see clause 242 of this Bill).

Clause 242 inserts new section 25AB into the Ombudsman Act 1973 to relocate from section 16(3) the procedures for reporting on matters referred to the Ombudsman by Parliament.

Clause 243 substitutes section 25A and inserts new section 25B into the Ombudsman Act 1973.

Section 25A deals with the content of reports.

Section 25A(1) provides that the Ombudsman must not include certain matters in a report under the Ombudsman Act 1973.

Section 25A(2) provides that if the Ombudsman intends to include in a report under the Ombudsman Act 1973 a comment or opinion that is adverse to any person, the Ombudsman must first give the person a reasonable opportunity to respond to the adverse material and fairly set out the response in the report.

Section 25A(3) provides that the Ombudsman must not include in a report any information that would identify any person who is not the subject of any adverse comment or opinion except in specified circumstances.

Section 25B prohibits the disclosure of information by persons who receive proposed or draft reports or information in them, except in certain circumstances.

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Section 25B(1) provides that, subject to subsections (4), (5) and (6), a person who receives a proposed report, or a draft or part of a proposed report or information contained in a proposed report or draft or part of a proposed report, before the relevant time must not disclose any information contained in the proposed report or draft or part of the proposed report unless—

the disclosure is permitted under subsection (3); and

the advice required by subsection (6) is given at the same time the disclosure is made.

The maximum penalty for this offence is 120 penalty units or imprisonment for 12 months or both.

Section 25B(2) defines the relevant time for the purposes of subsection (1) as being—

for a report that is to be laid before a House of Parliament, the time when the report is so laid; or

for any other report, the time when the report is made by the Ombudsman.

Section 25B(3) to (6) provide the circumstances in which disclosure of information referred to in section 25B(1) is permitted.

Section 25B(7) provides that a person who makes a disclosure of information permitted by subsection (3) must advise any person to whom the disclosure is made that this section applies in relation to the subsequent disclosure of that information by the person to whom the disclosure is made.

Section 25B(8) provides that proceedings may only be instituted for an offence under subsection (1) by the Ombudsman or by or with the consent of the Director of Public Prosecutions.

Clause 244 inserts Part VA into the Ombudsman Act 1973 to establish a new confidentiality regime.

Division 1 of Part VA sets out confidentiality requirements for Ombudsman officers and contains new sections 26A and 26B.

Section 26A relates to unauthorised disclosures by Ombudsman officers.

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Section 26A(1) makes unauthorised disclosures by Ombudsman officers an offence similar to the offence currently in section 20(1)(a). The maximum penalty for this offence is 120 penalty units or imprisonment for 12 months or both.

Section 26A(2) provides that proceedings may only be instituted for an offence under subsection (1) by the Ombudsman or by or with the consent of the Director of Public Prosecutions.

Section 26B prohibits Ombudsman officers from taking advantage of information.

Section 26B(1) makes taking advantage of information by Ombudsman officers an offence similar to the offence currently in section 20(1)(b). The maximum penalty for this offence is 120 penalty units or imprisonment for 12 months or both.

Section 26B(2) provides that proceedings may only be instituted for an offence under subsection (1) by the Ombudsman or by or with the consent of the Director of Public Prosecutions.

Division 2 creates a confidentiality notice regime and contains new sections 26C to 26F.

Section 26C provides for confidentiality notices to be issued by the Ombudsman.

Section 26C(1) sets out the circumstances in which the Ombudsman may issue a confidentiality notice.

Section 26C(2) sets out the form and required contents of a confidentiality notice.

Section 26C(3), (4) and (5) provide for the cancellation of confidentiality notices and the issuing of new confidentiality notices in certain circumstances.

Section 26C(6) provides for the cancellation of a confidentiality notice at the conclusion of the relevant investigation, except in certain circumstances.

Section 26C(7) specifies when a confidentiality notice ceases to have effect.

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Section 26C(8) provides for the manner of service of a confidentiality notice.

Section 26D provides for the extension of confidentiality notices by order of the Supreme Court on application by the Ombudsman.

Section 26E requires the Ombudsman, as soon as reasonably practicable, to provide the VI with copies of confidentiality notices and related documents.

Section 26F makes it an offence to disclose a restricted matter specified in a confidentiality notice unless the disclosure is made in specified circumstances.

Section 26F(1) creates the offence, which has a maximum penalty of 120 penalty units or imprisonment for 12 months or both.

Section 26F(2), (3), (4) and (5) specify circumstances in which a restricted matter that is the subject of a confidentiality notice may be disclosed.

Section 26F(6) and (7) create further offences in relation to the disclosure of a restricted matter specified in a confidentiality notice. The maximum penalty for these offences is 120 penalty units or imprisonment for 12 months or both.

Section 26F(8) provides that proceedings may only be instituted for an offence under section subsections (1), (6) or (7) by the Ombudsman or by or with the consent of the Director of Public Prosecutions.

Clause 245 inserts Part VB into the Ombudsman Act 1973 to provide for oversight of the Ombudsman. Part VB contains new sections 26G to 26I.

Section 26G provides that the functions of the VI in respect of the office of Ombudsman officers are set out in the VI Act.

Section 26H provides for oversight of the Ombudsman by the Accountability Oversight Committee of Parliament.

Section 26H(1) sets out the functions of the Accountability and Oversight Committee under the Ombudsman Act 1973 in relation to the Ombudsman.

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Section 26H(2) further clarifies the role of the Accountability and Oversight Committee in relation to the Ombudsman. This is similar to section 12A(2) of the Parliamentary Committees Act 2003 in relation to the role of the IBAC Committee with respect to the VI.

Section 26I provides that the powers and procedures of a Joint Investigatory Committee under the Parliamentary Committees Act 2003 apply to the Accountability and Oversight Committee in the performance of its functions under the Ombudsman Act 1973. This ensures that these powers and procedures are available to the Accountability and Oversight Committee despite the effect of section 94E(4) of the Constitution Act 1975 (which provides that the powers of the Parliament to act in relation to the Ombudsman are as specified in the Ombudsman Act 1973).

Clause 246 amends section 28(3) of the Ombudsman Act 1973 to reflect the terminology inserted by clause 224 of this Bill.

Clause 247 amends section 29A of the Ombudsman Act 1973, so that it will provide that the Freedom of Information Act 1982 does not apply to a document that is in the possession of any person or body to the extent to which the document discloses information that relates to—

a complaint, a referred complaint, a referred matter or a matter referred to the Ombudsman under section 16; or

an enquiry or investigation conducted under this Act; or

a recommendation made by the Ombudsman under this Act; or

a report made under this Act or a draft of a report.

This ensures that the exemption from the Freedom of Information Act 1982 applies to all confidential documents of the Ombudsman specified in the provision, irrespective of whether those documents are in the possession of the Ombudsman or another person or body.

Clause 248 inserts new section 29B of the Ombudsman Act 1973 which re-enacts section 20(3).

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Clause 249 amends section 30 of the Ombudsman Act 1973, which specifies a general penalty for offences to reflect that several offences have different penalties.

Clause 250 inserts new section 35 into the Ombudsman Act 1973. New section 35 is a transitional provision.

Section 35(1) allows the Ombudsman to deal with any complaints received, investigations and reviews started, and matters referred to it before the commencement of Division 1 of Part 7 of the Bill in accordance with the current legislative scheme in the Ombudsman Act 1973, rather than the scheme as amended by this Bill.

Section 35(2) ensures that a new requirement (inserted by clause 233) to describe the nature of the matters about which the person is to be questioned applies to all summonses given under section 18 of the Ombudsman Act 1973 on or after the day on which clause 233 commences, even where a matter is already being investigated.

Section 35(3) ensures that sections 18A and 18B (inserted by clause 234) will apply to investigations that have already commenced. This will mean that the Ombudsman will have to report to the VI summonses that the Ombudsman has given. Summonses given to children under the age of 16 will be of no effect.

Section 35(4) ensures that any summonses given to children under 16 under section 17 of the Evidence (Miscellaneous Provisions) Act 1958 cease to have effect.

Section 35(5) ensures that section 18C (inserted by clause 234) applies so that witnesses at appearances before the Ombudsman have access to legal representation and advice. The Ombudsman will be able to restrict access to specified legal practitioners.

Section 35(6) ensures that sections 18D, 118, 18F and 18G (inserted by clause 234) apply to all appearances that occur after Division 1 of Part 7 of the Bill comes into operation. These sections are additional procedural fairness requirements that are imposed on the Ombudsman.

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Section 35(7) extends a requirement inserted by clause 240 that complainants are to be informed of the result of the investigations to complaints made before the commencement of Division 1 of Part 7 of the Bill.

Section 35(8) ensures that section 25A (inserted by clause 243) applies to all reports made on or after the day Division 1 of Part 7 commences. Section 25A imposes procedural requirements for adverse findings in reports.

Section 35(9) extends restrictions on the disclosure of information imposed by section 25B (inserted by clause 243) to investigations that commenced before Division 1 of Part 7 commenced.

Section 35(10) provides that the new confidentiality system set out in Part VA applies to information acquired on or after the commencement of Division 1 of Part 7 of this Bill that is related to an investigation described in section 35(1). Part VA is inserted by clause 244.

Section 35(11) provides that section 20(5) (as inserted by clause 235(3)), relating to the contents of reports, applies to existing investigations after the commencement day. This reflects that it is the intent of the Bill to make section 20 a transitional provision.

Section 35(12) ensures that, following the abolition of the OPI and the transfer of its work to the IBAC, any ongoing investigations of administrative actions of the DPI and OPI by the Ombudsman under the Ombudsman Act 1973 can continue with the IBAC being the relevant authority and the IBAC Commissioner being the principal officer.

Section 35(13) requires the Ombudsman to give the IBAC documents, information and other things required for the performance of IBAC's functions in respect of the Melbourne City Link Act 1995. Clause 258 of the Bill transfers responsibility for oversight under Melbourne City Link Act 1995 from the Ombudsman to the IBAC.

Section 35(14) allows the Ombudsman to make and retain copies of documents, information or other things given to the IBAC under new section 35(5) in certain circumstances.

Section 35(15) defines amending Act and commencement day for the purposes of this section.

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Clause 251 substitutes new Schedules 1, 2 and 3 for the Schedule to the Ombudsman Act 1973.

Schedule 1 sets out specified entities for the purposes of the Ombudsman Act 1973. This is relevant to the definition of authority to be inserted by clause 224.

Schedule 2 sets out exempt persons and bodies for the purpose of the definition in section 2 of the Ombudsman Act 1973 to be inserted by clause 224.

Schedule 3 sets out specified persons and bodies for the purposes of section 16H of the Ombudsman Act 1973, which relates to referrals of complaints (see clause 231).

Division 2—Consequential amendment of Freedom of Information Act 1982

Clause 252 substitutes section 61M, which is inserted into the Freedom of Information Act 1982 by section 24 of the Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012, to reflect the amendments made to the Ombudsman Act 1973 by this Bill.

Division 3—Consequential amendments to Independent Broad-based Anti-corruption Commission Act 2011

Clause 253 inserts new paragraph (da) into the definition of integrity body in section 3(1) of the IBAC Act to include the VI. The amendment ensures that the IBAC can share information with the VI under section 33B of the IBAC Act.

Clause 254 inserts new subsection (7) in section 9 of the IBAC Act to provide that the IBAC has the monitoring and review functions set out in Part 6A relating to the Melbourne City Link Act 1995 (see clause 258 of the Bill).

Clause 255 inserts new paragraph (ca) in section 49C(2) of the IBAC Act to include the VI as a body to whom complaints and notifications can be referred.

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Clause 256 substitutes new section 49H(1) of the IBAC Act to clarify that section 49H applies to a referral under section 49C other than a referral to the Chief Commissioner of Police in relation to conduct of a person who is not a member of police personnel or a referral to the VI. Section 49H allows the IBAC to require a body to whom it has referred a complaint or notification to provide information regarding the investigation and any action taken.

Clause 257 substitutes new section 49I(1) of the IBAC Act to clarify that section 49I applies to a referral under section 49C other than a referral to the Chief Commissioner of Police in relation to conduct of a person who is not a member of police personnel or a referral to the VI. Section 49I allows the IBAC to withdraw a referral and investigate a matter itself.

Clause 258 inserts Part 6A into the IBAC Act to empower the IBAC to monitor and review compliance with the Melbourne City Link Act 1995. Part 6A contains new sections 89B to 89E. These functions are currently performed by the Ombudsman.

Section 89B provides a number of relevant definitions.

Section 89C provides for the IBAC to monitor compliance by members of the force with Division 3 of Part 4 of the Melbourne City Link Act 1995.

Section 89C(1) empowers the IBAC to monitor compliance by members of the force with the Division, which places restrictions on the disclosure and use of certain information.

Section 89C(2) requires the IBAC to review the records of the force at least twice during each financial year to monitor compliance by members of the force with Division 3 of Part 4 of the Melbourne City Link Act 1995.

Section 89C(3) provides that, despite subsection (2), the IBAC may count any reviews done by the Ombudsman under section 13(2AB) of the Ombudsman Act 1973 during the current financial year towards the number of reviews to be done by the IBAC under subsection (2) that year.

Section 89D confers inspection powers on authorised officers with respect to monitoring compliance with Division 3 of Part 4 of the Melbourne City Link Act 1995.

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Section 89E provides that the Chief Commissioner of Police must ensure that members of the force give the IBAC or an authorised officer any assistance they reasonably require to enable them to exercise their functions under this Part.

Division 4—Consequential amendments to Parliamentary Committees Act 2003

Clause 259 inserts a definition of Ombudsman officer into section 3(1) of the Parliamentary Committees Act 2003. Ombudsman officer has the meaning given in section 2(1) of the Ombudsman Act 1973.

Clause 260 amends sections 6A(1) and 6A(2) of the Parliamentary Committees Act 2003.

Subclause (1) amends section 6A(1) to—

clarify that the Accountability and Oversight Committee must report to both Houses of Parliament; and

insert new paragraphs (f) to (i) to expand the functions of the Accountability and Oversight Committee to include functions in relation to the VI's oversight of Ombudsman officers.

Subclause (2) substitutes section 6A(2) to extend the operation of that subsection to the VI's oversight of Ombudsman officers.

Division 5—Consequential amendments to Victorian Inspectorate Act 2011

Clause 261 inserts new definitions into section 3(1) of the VI Act.

Clause 262 amends section 4 of the VI Act to include a new object of the Act as providing for the independent oversight of Ombudsman officers.

Clause 263 amends section 5A(1) of the VI Act (which is inserted by clause 200 of this Bill) to extend the power of investigation of certain officers prior to the commencement of section 5A to include Ombudsman officers. Such investigations can be on the basis of a complaint under section 29(5) or an own motion investigation under section 31(3).

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Clause 264 inserts new section 9(4) into the VI Act to confer functions on the VI in relation to Ombudsman officers.

Clause 265 inserts new section 23(1)(ib) into the VI Act to restrict the ability of the Inspector to delegate the power to authorise a VI Officer to enter Ombudsman premises under section 33N(5) (which is inserted by clause 275 of this Bill).

Clause 266 inserts Part 2C into the VI Act to set out matters the Ombudsman is required to report to the VI. Part 2C contains new section 28I.

Section 28I(1) provides that the VI may require the Ombudsman to provide a written report specifying certain matters in relation to an appearance by a person before the Ombudsman in an investigation under the Ombudsman Act 1973 or any other Act (whether in response to a witness summons or otherwise).

Section 28I(2) provides that the Ombudsman must comply with a request under section 28I(1) as soon as possible after it is made.

Clause 267 inserts new section 29(5) and (6) into the VI Act. The new subsections provide for complaints to be made to the VI about certain conduct of Ombudsman officers (see also clause 204 of this Bill).

Clause 268 inserts new section 30(4) into the VI Act to require the VI to notify the Ombudsman in writing if the VI decides to investigate a complaint about the conduct of an Ombudsman officer referred to in section 29(5) unless the VI reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint (see also clause 205 of this Bill).

Clause 269 inserts new section 31(3) into the VI Act to provide the VI with own motion investigation powers in relation to certain conduct of Ombudsman officers (see also clause 206 of this Bill).

Clause 270 amends section 32 of the VI Act.

Subclause (1) inserts new section 32(1B) to provide investigation powers for the VI in relation to the Ombudsman and Ombudsman officers.

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Subclause (2) inserts new section 32(5)(ab) to provide that the VI may conduct an investigation in relation to an Ombudsman officer even though the Ombudsman is investigating a related matter.

Clause 271 inserts new section 33(3) of the VI Act to provide that the Ombudsman must give any assistance and ensure that Ombudsman officers give any assistance to the VI that the VI reasonably requires to enable the VI to conduct an investigation in relation to an Ombudsman officer under this Part (see also clause 208 of this Bill).

Clause 272 amends section 33B(d) of the VI Act to empower the VI to enter and search Ombudsman premises and inspect, copy and seize any document or thing in accordance with section 33N when conducting an investigation.

This clause also amends section 33C(2)(a) with the effect that a person (other than a VI officer) must not be present at an examination unless they are ordered to attend in accordance with a duly served witness summons or a witness summons served by other means under section 33I.

Clause 273 amends section 33F of the VI Act to—

insert new section 33F(4)(g)(iib) to provide that a witness summons issued to an Ombudsman officer by the VI must state that that neither the Ombudsman nor the office of the Ombudsman is entitled to assert any privilege;

amend section 33F(4)(i) to indicate that with limited exceptions applying to Ombudsman officers and certain other people, statutory secrecy provisions may prevent a person from answering certain questions.

Clause 274 amends sections 33J(2)(c) and (d) and section 8(c) and (d) of the VI Act to clarify the circumstances in which the VI may direct a witness not to seek legal advice or representation in relation to a witness summons from a specified Australian legal practitioner.

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Clause 275 inserts section 33N(5) and (6) of the VI Act (see also clause 212 of the Bill).

Section 33N(5) gives the VI the same entry and search powers in relation to Ombudsman premises and Ombudsman officers as it has in relation to the IBAC and IBAC personnel, and the Victorian Auditor-General's Office and VAGO officers.

Section 33N(6) provides that the VI must not exercise the power conferred by subsection (5) unless the VI considers on reasonable grounds that the Ombudsman or any Ombudsman officer wilfully failed to give assistance in accordance with section 33(3) (see clause 271 of this Bill).

Clause 276 inserts new section 33S(7) and (8) of the VI Act (see also clause 213 of this Bill).

Section 33S(7) provides that, if a person is an Ombudsman officer, any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or provided to the person in his or her service as an Ombudsman officer imposed by any enactment or any rule of law is overridden and does not apply to the disclosure of information under Part 3, which empowers the VI to undertake investigations in response to complaints or on its own motion.

Section 33S(8) provides that, if a person is an Ombudsman officer—

neither the Ombudsman nor the office of the Ombudsman is entitled to assert any privilege in relation to any requirement for that person to provide information under Part 3; and

any privilege referred to in paragraph (a) is abrogated.

Clause 277 amends section 33T of the VI Act.

Subclause (1) amends section 33T(2) to provide that any answer, information, document or thing given or produced by a person in accordance with a witness statement that might tend to incriminate the person or make them liable to a penalty is not admissible except in certain proceedings.

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Subclause (2) amends section 33T(2) to include offences against the Ombudsman Act 1973 as an exception in which the answer, information, document or thing given or produced would be admissible.

Clause 278 inserts new sections 35C and 35D of the VI Act. These sections provide similar powers for the VI to make recommendations in relation to the Ombudsman as it has under sections 34 and 35 in relation to the IBAC and IBAC personnel.

Clause 279 amends section 36A(2) of the VI Act to provide that the VI must not provide a complainant with information about the results of an investigation or inquiry if the provision of the information would prejudice an investigation by the Ombudsman.

Clause 280 inserts new section 37(3) into the VI Act to provide for the action that the VI may take in relation to an Ombudsman officer.

Clause 281 amends section 38 of the VI Act.

Subclause (1) inserts new paragraphs (ed), (ee) and (ef) in section 38(1) to provide for matters relating to the Ombudsman are to be included in the VI's annual report.

Subclause (2) inserts new section 38(4B) to provide that, if the VI is aware of an investigation that is being or has been conducted by the Ombudsman in relation to a matter or person to be included in its annual report, the VI must not include in the annual report any information that would prejudice the investigation.

Clause 282 amends the definition of relevant person or body in section 40(2) of the VI Act to—

insert "or 35D(3)(f)" after "section 35B(3)(f)" in paragraph (dc), to include persons or bodies specified as a person or body the VI may make a recommendation for further investigatory or enforcement action under section 35D, as inserted by clause 279 of this Bill;

insert new paragraphs (i) and (j) after paragraph (h) to include the Office of the Ombudsman and an Ombudsman officer as relevant bodies exempt from the Freedom of Information Act 1982.

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Division 6—Consequential amendments to other Acts

Clause 283 repeals sections 21A, 23AA and 154 of the Accident Compensation Act 1985. These provisions had allowed the Ombudsman to enquire into or investigate administrative actions of delegates and authorised agents of the VWA, and self-insurers. Items 16, 17 and 18 of Schedule 1 to the Ombudsman Act 1973, to be inserted by clause 251, will have a similar effect with respect to investigations by the Ombudsman for administrative action that is not corrupt conduct. The breadth of the definitions of public body and public officer in the IBAC Act will ensure corrupt conduct is able to be investigated by the IBAC.

Clause 284 repeals section 20 of the Children, Youth and Families Act 2005. Section 20 had allowed the Ombudsman to enquire into or investigate a range of administrative actions by persons carrying out statutory duties and functions or exercising statutory powers under the Act. Items 19, 20, 21 and 22 of Schedule 1 to the Ombudsman Act 1973, to be inserted by clause 251, will have a similar effect with respect to investigations by the Ombudsman for administrative action that is not corrupt conduct. The breadth of the definitions of public body and public officer in the IBAC Act will ensure corrupt conduct is able to be investigated by the IBAC.

Clause 285 amends the Corrections Act 1986. Subclause (1) repeals section 9G which applied the Ombudsman Act 1973 in certain circumstances to contractors providing services under the Act and to a sub-contractors in their capacity as managers of prisons and police gaols under a sub-contract agreement. Items 23 and 24 of Schedule 1 to the Ombudsman Act 1973, to be inserted by clause 251, will have a similar effect with respect to investigations by the Ombudsman for administrative action that is not corrupt conduct. The breadth of the definitions of public body and public officer in the IBAC Act will ensure corrupt conduct is able to be investigated by the IBAC. Subclause (2) amends the definition of visitor in section 33 to reflect the new definition of Ombudsman officer within the meaning of the Ombudsman Act 1973.

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Clause 286 repeals section 2F of the Court Security Act 1980. Section 2F applied the Ombudsman Act 1973 to contractors providing court security services under the Act. Item 25 of Schedule 1 to the Ombudsman Act 1973, to be inserted by clause 251, will have a similar effect with respect to investigations by the Ombudsman for administrative action that is not corrupt conduct. The breadth of the definitions of public body and public officer in the IBAC Act will ensure corrupt conduct is able to be investigated by the IBAC.

Clause 287 substitutes new section 33(3)(c) of the Emergency Services Telecommunications Authority Act 2004. Section 33 creates the offence of disclosing, communicating or making use of confidential information as defined in section 33(1). New section 33(3)(c) makes it lawful to disclose or communicate confidential information to an Ombudsman officer within the meaning of the Ombudsman Act 1973.

Clause 288 substitutes new section 181(1)(g) of the Firearms Act 1996. New section 181(1)(g) makes it lawful for a person engaged in the administration of the Act to disclose information to an Ombudsman officer within the meaning of the Ombudsman Act 1973.

Clause 289 amends section 46(a) of the Health Records Act 2001 by substituting "section 16H" for "section 15B". Section 46(a) allows the Health Services Commissioner to treat a complaint referred to him or her by the Ombudsman under section 15B of the Ombudsman Act 1973 as if it were a complaint made under section 45 of the Health Records Act 2001. New section 16H of the Ombudsman Act 1973 gives the Ombudsman power to refer complaints to the persons and bodies specified in new Schedule 3, which includes the Health Services Commissioner (see clause 231).

Clause 290 repeals section 69H of the Health Services Act 1988. Section 69H applied the Ombudsman Act 1973 to contractors and sub-contractors providing health services to public hospital patients at the hospital in accordance with a service agreement. Item 28 of Schedule 1 to the Ombudsman Act 1973, to be inserted by clause 251, will have a similar effect with respect to investigations by the Ombudsman for administrative action that is not corrupt conduct. The breadth of the definitions of public

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body and public officer in the IBAC Act will ensure corrupt conduct is able to be investigated by the IBAC.

Clause 291 amends section 26 of the Information Privacy Act 2000 by substituting "section 16I" for "section 15A". New section 16H of the Ombudsman Act 1973 (see clause 231) gives the Ombudsman power to refer complaints to the persons and bodies specified in new Schedule 3 which includes the Privacy Commissioner. Section 26 allowed the Privacy Commissioner to treat a complaint referred to him or her by the Ombudsman under section 15A of the Ombudsman Act 1973 as if it were a complaint under section 25(1) of the Information Privacy Act 2000.

Clause 292 amends Schedule 2 to the Juries Act 2000 by substituting new clause 1(l). That Schedule provides that persons who are or, within the last 10 years, have been employees of the Ombudsman are ineligible to serve as jurors. The amendment makes members of Ombudsman staff within the meaning of the Ombudsman Act 1973 ineligible to serve as jurors.

Clause 293 repeals section 124H of the Magistrates' Court Act 1989. Section 124H applied the Ombudsman Act 1973 to a contractor or a sub-contractor providing services to the Magistrates' Court under an administrative service agreement. Items 29 and 30 of Schedule 1 to the Ombudsman Act 1973, to be inserted by clause 251, will have a similar effect with respect to investigations by the Ombudsman for administrative action that is not corrupt conduct. The breadth of the definitions of public body and public officer in the IBAC Act will ensure corrupt conduct is able to be investigated by the IBAC.

Clause 294 amends the Melbourne City Link Act 1995.

Subclause (1)—

inserts a definition of IBAC in section 3; and

amends section 90A(2) by substituting new section 90A(2)(f). Currently section 90A(2)(f) restricts the disclosure of tolling information unless the disclosure or use is made to, or by, the Ombudsman to enable the Ombudsman to fulfil his or her duties. New section 90A(2)(f) allows disclosure or use to be made to, or by, the IBAC or an authorised officer

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(within the meaning of the IBAC Act) to enable the IBAC or its authorised officers to fulfil their duties under Part 6A of that Act.

Subclause (2) inserts new section 90A(5) which provides that section 90A(2)(f) as in force immediately before the commencement of clause 276(1)(b) of this Bill continues to apply for the purposes of any review referred to in section 35(1)(d) of the Ombudsman Act 1973.

Subclause (3) amends 90C(1) by substituting "IBAC" for "Ombudsman" wherever occurring. This relates to a requirement that the Chief Commissioner of Police disclose information about the use of restricted tolling information by members of the police force.

Clause 295 repeals section 74 of the Plant Biosecurity Act 2010. Section 74 applied the Ombudsman Act 1973 to an approved inspection services in their capacity as providers of services in accordance with approved inspection service agreements. Item 31 of Schedule 1 to the Ombudsman Act 1973, to be inserted by clause 251, will have a similar effect with respect to investigations by the Ombudsman for administrative action that is not corrupt conduct. The breadth of the definitions of public body and public officer in the IBAC Act will ensure corrupt conduct is able to be investigated by the IBAC.

Clause 296 repeals section 186 of the Public Health and Wellbeing Act 2008, which gave the Ombudsman jurisdiction to enquire into or investigate actions taken, or not taken, by authorised officers under the Act. Item 33 of Schedule 1 to the Ombudsman Act 1973, to be inserted by clause 251, will have a similar effect with respect to investigations by the Ombudsman for administrative action that is not corrupt conduct. The breadth of the definitions of public body and public officer in the IBAC Act will ensure corrupt conduct is able to be investigated by the IBAC.

Clause 297 repeals sections 221T and 228Y of the Transport (Compliance and Miscellaneous) Act 1983. Section 221T gave the Ombudsman jurisdiction to enquire into or investigate actions taken, or not taken, by authorised officers under the Act. Section 228Y gave the Ombudsman jurisdiction to enquire into or investigate actions taken, or not taken, by a transport safety

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officer. Items 34 and 35 of Schedule 1 to the Ombudsman Act 1973, to be inserted by clause 251, will have a similar effect with respect to investigations by the Ombudsman for administrative action that is not corrupt conduct. The breadth of the definitions of public body and public officer in the IBAC Act will ensure corrupt conduct is able to be investigated by the IBAC.

PART 8—RENUMBERING OF INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 AND

VICTORIAN INSPECTORATE ACT 2011

Division 1—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011

Clause 298 provides for the renumbering of the IBAC Act to improve usability.

Clause 299 provides for the renumbering and relettering of provisions including subsections and subparagraphs of the IBAC Act.

Clause 300 provides that a reference in another Act or any other instrument or document to a provision of the IBAC Act is to be taken as a reference to the new renumbered or relettered provision.

Division 2—Renumbering of Victorian Inspectorate Act 2011

Clause 301 provides for the renumbering of the VI Act to improve usability.

Clause 302 provides for the renumbering and relettering of provisions including subsections and subparagraphs of the VI Act.

Clause 303 provides that a reference in another Act or any other instrument or document to a provision of the VI Act is to be taken as a reference to the new renumbered or relettered provision.

Division 3—Renumbering of references in other Acts

Clauses 304 to 321 amend cross-references to provisions of the IBAC Act and VI Act in other Acts as a consequence of the renumbering of the IBAC Act and VI Act by Part 8.

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PART 9—REPEAL OF AMENDING ACT

Clause 322 repeals this Bill on the day that is the first anniversary of the day on which all provisions of this Bill are in operation. The repeal does not affect the continuing operation of the amendments made by this Bill (see section 15(1) of the Interpretation of Legislation Act 1984).

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