Protected Disclosure Bill 2012FILE/571041emi1.docx  · Web viewconstitute a complaint is taken to be a complaint or a police personnel conduct complaint. A protected disclosure complaint

Protected Disclosure Bill 2012

Introduction Print

EXPLANATORY MEMORANDUM

Clause Notes

PART 1—PRELIMINARY

Clause 1 sets out the purposes of the Bill.

Clause 2 provides that the Bill will commence on a day or days to be proclaimed.

Clause 3 defines terms which are used in the Bill.

Clause 4 specifies what is improper conduct for the purposes of the Bill (subclause (1)).

Subclause (2) specifies conduct for the purposes of clause 4(1)(b) of the Bill.

Subclause (3) provides that the Bill does not apply to any conduct of any person that can be considered by the Court of Disputed Returns in proceedings in relation to a petition under Part 8 of the Electoral Act 2002.

Clause 5 defines police complaint disclosure for the purposes of the Bill.

Clause 6 defines public body, public officer and public sector for the purposes of the Bill.

Public body is defined so that it has the same meaning that it has in the Independent Broad-based Anti-corruption Commission Act 2011 and additionally includes the IBAC and prescribed bodies.

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Public officer is defined so that it has the same meaning that it has in the Independent Broad-based Anti-corruption Commission Act 2011 and additionally includes IBAC Officers and prescribed officers.

Clause 7 provides that the Bill does not limit the protection given by any other Act or law to a person who makes disclosures of any kind.

Clause 8 provides that the Bill binds the Crown in right of the State of Victoria, and to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities (subclause (1)).

Subclause (2) provides that, for the avoidance of doubt, the Crown is a body corporate for the purposes of the Bill and the regulations made under the Bill.

PART 2—DISCLOSURES

Division 1—Information that may be disclosed in accordance with this Part

Clause 9 provides for the making of disclosures of improper conduct and detrimental action.

Subclause (1) sets out the type of information that may be disclosed by a natural person in accordance with Part 2 of the Bill.

Subclause (2) provides that a disclosure may be about conduct that has occurred before the commencement of this clause of the Bill.

Subclause (3) provides that a disclosure may not be made in accordance with Part 2 about the conduct of or action taken by certain public bodies and officers. The bodies listed in subclause (2) include a court. However, judicial officers are included in the definition of public officer in clause 3 of the Bill and therefore, a disclosure can be made about judicial officers in accordance with Part 2.

Clause 10 provides that a disclosure may be made even if the person making the disclosure cannot identify the person or the body to whom or to which the disclosure relates.

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Clause 11 provides, for the avoidance of doubt, that a disclosure may be a disclosure made in accordance with this Part even if it is a complaint, notification or disclosure (however described) made under another Act.

Division 2—How and to whom a disclosure may be made under this Part

Clause 12 sets out how a disclosure under Part 2 of the Bill is to be made.

Subclause (1) provides that a disclosure under Part 2 of the Bill must be made in accordance with the prescribed procedure.

Subclause (2) provides that, despite any contrary provision in any other Act (other than the Charter of Human Rights and Responsibilities), a disclosure under Part 2 of the Bill may be made orally, or in writing, and may be made anonymously.

Subclause (3) provides that any provision of the Bill or any other Act requiring an entity to notify, advise or otherwise communicate with a person who has made a disclosure under Part 2 of the Bill does not apply if the person makes the disclosure anonymously.

Clause 13 provides for the entities to which a disclosure under Part 2 of the Bill must be made, other than a disclosure required to be made to another entity under clauses 14 to 19 of the Bill (subclause (1)).

Subclause (2) provides that a disclosure may be made to the IBAC or to certain investigating entities.

Subclause (3) provides that a disclosure that relates to any of the bodies listed in the subclause or a member, officer or employee of any of the listed bodies, may be made to that body.

Subclause (4) provides that a disclosure that relates to an employee of, or any person otherwise engaged by, or acting on behalf of, or acting as the deputy or delegate of, a public officer prescribed for the purposes of this clause of the Bill may be made to that public officer.

Subclause (5) provides that a disclosure by a person who is a member, officer or employee of a body referred to in subclause (3), or of a public officer referred to in subclause (4), may be made to that body or that public officer.

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Clause 14 provides for the disclosures that must be made to the IBAC.

Clause 15 provides for the disclosures that must be made to the IBAC or the Victorian Inspectorate.

Clause 16 provides for the disclosures that must be made to the IBAC or the Ombudsman.

Clause 17 provides that a disclosure that relates to the IBAC or an IBAC Officer must be made to the Victorian Inspectorate.

Clause 18 provides that a disclosure that relates to a member of police personnel, other than the Chief Commissioner of Police, must be made to a prescribed member of police personnel or the IBAC.

Clause 19 provides for the entities to which disclosures relating to members of Parliament and Ministers of the Crown must be made.

Division 3—Disclosures to which protected disclosure scheme does not apply

Clause 20 sets out the disclosures to which Division 2 of Part 2 of the Bill does not apply.

Subclause (1) provides that a disclosure is not a disclosure to which Division 2 of Part 2 of the Bill applies, if, at the time the disclosure is made, the person making the disclosure expressly states in writing that the disclosure is not a disclosure for the purposes of the Bill.

Subclause (2) provides that a disclosure that is made by an officer or employee of an investigating entity in the performance of his or her functions or duties under the Act under which the investigating entity is authorised to investigate protected disclosure complaints, is not a disclosure made in accordance with Division 2 of Part 2 of the Bill unless—

at the time the disclosure is made, the person making the disclosure expressly states in writing that the disclosure is a disclosure for the purposes of the Bill; and

the disclosure is otherwise made in accordance with Division 2 of Part 2 of the Bill.

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PART 3—NOTIFICATION AND ASSESSMENT OF DISCLOSURES

Division 1—Notifications

Clause 21 provides for the notification to the IBAC of certain disclosures made to other entities.

Subclause (1) provides that this clause of the Bill applies if—

a disclosure is made to an entity other than to the IBAC or the Victorian Inspectorate under clause 17 of the Bill; and

the entity considers that the disclosure may be a protected disclosure.

It is intended that the words "may be" in section 21(1)(b) create a relatively low threshold and that the entity would not be required to consider that the disclosure is a protected disclosure.

Subclause (2) requires an entity to which a disclosure is made under clauses 13, 15, 16 or 18 of the Bill to notify the disclosure to the IBAC no later than 28 days after the disclosure is made.

Subclause (3) provides that if the disclosure is made to a Presiding Officer under clause 19 of the Bill, the Presiding Officer may notify the disclosure to the IBAC.

Clause 22 provides for the notification to the IBAC of certain police complaint disclosures made or referred to the Chief Commissioner of Police.

Subclause (1) provides that this clause of the Bill applies if—

a police complaint disclosure is made to the Chief Commissioner of Police or is referred to the Chief Commissioner under section 86LA of the Police Regulation Act 1958; and

the Chief Commissioner considers that the disclosure may be a protected disclosure.

It is intended that the words "may be" in section 22(1)(b) create a relatively low threshold and that the Chief Commissioner of Police would not be required to consider that the disclosure is a protected disclosure.

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Subclause (2) requires the Chief Commissioner of Police to notify the disclosure to the IBAC no later than 28 days after the disclosure is made or referred to the Chief Commissioner.

Clause 23 provides for the provision of certain information to the IBAC by an entity that has notified a disclosure to the IBAC under clause 21 or 22 of the Bill.

Clause 24 provides for the giving of advice to a person who made a disclosure.

Subclause (1) provides that this clause applies if a disclosure is made to an entity, other than a Presiding Officer.

Subclause (2) sets out the advice that an entity must provide to a person who made a disclosure if the entity notifies the disclosure to the IBAC under clause 21(2) or 22(2) of the Bill.

Subclause (3) sets out the advice that, subject to subclause (5), an entity must provide to a person who made a disclosure if the entity does not notify the disclosure to the IBAC under clause 21(2) or 22(2) of the Bill.

Subclause (4) provides that advice given under subclause (2) or (3) must be in writing and must be given no later than 28 days after the disclosure is made to the entity.

Subclause (5) provides that advice given under subclause (2) must include a written statement advising the recipient that it is an offence under clause 74 of the Bill to disclose that the disclosure has been notified to the IBAC.

Subclause (6) provides that an entity is not required to advise the person under subclause (3) unless the person has indicated to the entity, or it otherwise appears to the entity, that the person wishes to receive the protections that apply to a protected disclosure under the Bill.

Clause 25 provides for the giving of advice to a person who made a disclosure to a Presiding Officer (subclause (1)).

Subclause (2) sets out the advice a Presiding Officer may provide to a person who made a disclosure if the Presiding Officer notifies the disclosure to the IBAC under clause 21(3) of the Bill.

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Subclause (3) sets out the advice a Presiding Officer may provide to a person who made a disclosure if the Presiding Officer does not notify the disclosure to the IBAC under clause 21(3) of the Bill.

Subclause (4) provides that advice given under subclause (2) must include a written statement advising the recipient that it is an offence under clause 74 of the Bill to disclose that the disclosure has been notified to the IBAC.

Division 2—Assessment of disclosure and determination of whether disclosure is a protected disclosure complaint

Clause 26 provides for the assessment of disclosures by the IBAC.

Subclause (1) provides for the disclosures to which clause 26 of the Bill applies.

Subclause (2) requires the IBAC to assess whether, in its view, a disclosure is a protected disclosure.

Subclause (3) provides that if the IBAC is of the view that a disclosure is a protected disclosure, the IBAC must determine that the disclosure is a protected disclosure complaint. In any other case, the IBAC must determine that the disclosure is not a protected disclosure complaint.

The determination under section 26(3) does not determine whether a disclosure is a protected disclosure within the meaning of Bill. Clause 3 defines protected disclosure. Clause 38 provides for the circumstances in which Part 6 of the Bill (which provides for certain protections) applies.

Subclause (4) provides that a determination under subclause (3) must be made within a reasonable time after the disclosure is made, or notified, to the IBAC.

Subclause (5) provides that the IBAC must not exercise any of its powers of investigation under the Independent Broad-based Anti-corruption Commission Act 2011 when making an assessment under subclause (2).

Clause 27 provides that if an entity has notified a disclosure to the IBAC under clause 21 or 22 of the Bill, the IBAC must advise the entity of the IBAC's determination under clause 26 of the Bill (subclause (1)).

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Subclause (2) provides that the advice must be in writing and be given within a reasonable time after the determination is made.

Clause 28 sets out for the advice the IBAC must provide to a person who made a disclosure if the IBAC determines that the disclosure is a protected disclosure complaint (subclause (1)).

Subclause (2) provides that the advice must be in writing and be given within a reasonable time after the assessment has been made.

Subclause (3) provides that the advice must include a written statement containing the prescribed matters relating to the rights, protections and obligations under the Bill of a person who has made a protected disclosure.

Subclause (4) provides that the advice must include a written statement advising the recipient that it is an offence under clause 74 of the Bill to disclose that the IBAC has determined that the disclosure is a protected disclosure complaint.

Clause 29 sets out the advice that, subject to subclause (3), the IBAC must provide a person who made a disclosure if the IBAC determines that the disclosure is not a protected disclosure complaint (subclause (1)).

Subclause (2) provides that the advice must be in writing and be given within a reasonable time after the determination is made.

Subclause (3) provides that, if a person has made a disclosure directly to the IBAC, the IBAC is not required to advise the person under subclause (1) unless the person has indicated to the IBAC, or it otherwise appears to the IBAC, that the person wishes to receive the protections that apply to a protected disclosure under the Bill.

Clause 30 sets out the advice the IBAC may provide to a person who made a disclosure if the IBAC determines that the disclosure is not a protected disclosure complaint.

Clause 31 requires the Victorian Inspectorate to assess whether, in its view, a disclosure that relates to the IBAC or an IBAC Officer is a protected disclosure (subclause (1)).

Subclause (2) provides that if the Victorian Inspectorate is of the view that a disclosure is protected disclosure, the Victorian Inspectorate must determine that the disclosure is a protected

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disclosure complaint. In any other case, the Victorian Inspectorate must determine that the disclosure is not a protected disclosure complaint.

The determination under section 31(2) does not determine whether a disclosure is a protected disclosure within the meaning of Bill. Clause 3 defines protected disclosure. Clause 38 provides for the circumstances in which Part 6 of the Bill (which provides for certain protections) applies.

Subclause (3) provides that a determination under subclause (2) must be made within a reasonable time after the disclosure is made to the Victorian Inspectorate.

Subclause (4) provides that the Victorian Inspectorate must not exercise any of its powers of investigation under the Victorian Inspectorate Act 2011 when making an assessment under subclause (1).

Subclause (5) provides that clauses 28, 29 and 30 of the Bill apply to a disclosure assessed by the Victorian Inspectorate under subclause (1) as if a reference to the IBAC were a reference to the Victorian Inspectorate.

PART 4—DISCLOSURES DETERMINED TO BE PROTECTED DISCLOSURES

Clause 32 provides that, if the IBAC determines that a disclosure is a protected disclosure complaint, the IBAC must deal with the disclosure in accordance with the Independent Broad-based Anti-corruption Commission Act 2011.

Clause 33 provides that, if the Victorian Inspectorate determines that a disclosure is a protected disclosure complaint, the Victorian Inspectorate must deal with the disclosure in accordance with the Victorian Inspectorate Act 2011.

PART 5—NOTIFICATION OF RELATED DISCLOSURES MADE IN COURSE OF INVESTIGATION

Clause 34 defines what is a related disclosure for the purposes of Part 5 of the Bill (subclause (1)).

Subclause (2) specifies the circumstances, for the purposes of subclause (1)(a), in which a disclosure will not be a related disclosure.

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Clause 35 provides that a related disclosure made by the person who made the protected disclosure complaint to which it relates—

is taken to be part of the protected disclosure complaint;

is not required to be notified to the IBAC for assessment under Part 3 of the Bill; and

must be investigated by the investigating entity as part of its investigation of the protected disclosure complaint.

Clause 36 provides for the handling of related disclosures that are made by a person other than the person who made the protected disclosure complaint to which it relates.

Subclause (1) provides for the circumstances to which clause 36 applies.

Subclause (2) provides that, despite clause 21 of the Bill, the investigating entity must notify the related disclosure to the IBAC, if, and only if, the investigating entity considers that the related disclosure is a protected disclosure.

Subclause (3) provides that a related disclosure notified to the IBAC under subclause (2) is taken to have been notified to the IBAC under clause 21 of the Bill.

Clause 37 sets out the advice an investigating entity must provide to a person who made a related disclosure if the entity notifies the disclosure to the IBAC under clause 36(2) of the Bill.

Subclause (2) provides that the advice must be in writing and must be given no later than 28 days after the disclosure is made to the entity.

Subclause (3) provides that the advice must include a written statement advising the recipient that it is an offence under clause 74 of the Bill to disclose that a related disclosure has been notified to the IBAC.

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PART 6—PROTECTION OF PERSON MAKING PROTECTEDDISCLOSURE

Clause 38 provides for the circumstances to which Part 6 of the Bill applies.

Subclause (1) provides that Part 6 of the Bill applies to a protected disclosure—

whether or not the entity to which the disclosure has been made notifies the disclosure to the IBAC; and

whether or not the IBAC or the Victorian Inspectorate has determined that the disclosure is a protected disclosure complaint.

Subclause (2) provides that, for the purposes of Part 6 of the Bill, any further information relating to a protected disclosure provided by the person who made the disclosure is to be treated as if it were a protected disclosure.

Subclause (3) provides that subclause (2) only applies to further information provided to the entities listed in the subclause.

Clause 39 provides that a person who makes a protected disclosure is not subject to any civil or criminal liability or any liability arising by way of administrative process for making the disclosure (subclause (1)).

Subclause (2) provides that subclause (1) does not apply to a person who, in making the protected disclosure, has contravened clause 72(1) or (2) of the Bill relation to the information disclosed.

Clause 40 provides that a person who makes a protected disclosure does not by doing so—

commit an offence against section 95 of the Constitution Act 1975 or a provision of another Act imposing confidentiality obligations; or

breach other forms of confidentiality obligations.

Subclause (2) provides that subclause (1) does not apply to a person who, in making the protected disclosure, has contravened clause 72(1) or (2) in relation to the information disclosed.

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Clause 41 provides that in any proceeding for defamation there is a defence of absolute privilege in respect of the making of a protected disclosure (subclause (1)).

Subclause (2) provides that subclause (1) does not apply to a person who, in making the protected disclosure, has contravened clause 72(1) or (2) in relation to the information disclosed.

Clause 42 provides that, despite anything to the contrary in Part 6 of the Bill, a person's liability for his or her own conduct is not affected by the person's disclosure of that conduct under the Bill.

Clause 43 sets out, subject to subclause (2) and (3), the circumstances in which a person takes detrimental action against another person in reprisal for a protected disclosure for the purposes of the Bill (subclause (1)).

Subclause (2) provides that a person does not take detrimental action against another person in reprisal for a protected disclosure made by the other person if the other person has contravened clause 72(1) or (2) of the Bill in relation to the information disclosed by the protected disclosure.

Subclause (3) provides that, for the purposes of the Bill other than clause 45, a person who takes detrimental action against another person does not take detrimental action in reprisal for a protected disclosure unless a reason referred to in subclause (1) is a substantial reason for the person taking the action.

Clause 44 provides that nothing in Part 6 of the Bill is intended to prevent a manager from taking management action in relation to an employee who has made a protected disclosure (subclause (1)).

Subclause (2) provides that a manager may take management action that is detrimental action only if the fact that the person has made the protected disclosure is not the substantial reason for taking the action.

Clause 45 provides that a person must not take detrimental action against another person in reprisal for a protected disclosure (subclause (1)).

The maximum penalty for an offence against subclause (1) is 240 penalty units or 2 years imprisonment of both.

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Subclause (2) provides that it is a defence in a proceeding for an offence against subclause (1) if a reason referred to in clause 43(1)(a) of the Bill was not a substantial reason for the person taking the detrimental action against the other person.

Subclause (3) provides that it is a defence in a proceeding for an offence against subclause (1) if—

the IBAC or the Victorian Inspectorate has determined that the disclosure is not a protected disclosure complaint; and

at the time the person took the detrimental action, the person knew of that determination.

Clause 46 provides for certain orders the Court can make if a person is found guilty of an offence against clause 45 of the Bill.

Subclause (2) provides that, if a person is convicted or found guilty of an offence against clause 45 of the Bill, the court may, in addition to imposing a penalty, order that the offender pay to the person against whom the detrimental action was taken damages to compensate the person for any injury, loss or damage (subclause (1)).

Subclause (2) provides that if a person is convicted or found guilty of an offence against clause 45 of the Bill, the court may in certain circumstances, order that the employer of the person against whom the detrimental action was taken, reinstate or re-employ the person.

Subclause (3) provides that, without limiting the court's discretion, when making an order under subclause (1), the court may take into account any remedy granted under clause 47 of the Bill or any order made under clause 49 of the Bill in relation to the same conduct.

Clause 47 provides that a person who takes detrimental action against a person in reprisal for a protected disclosure is liable in damages for any injury, loss or damage to that person (subclause (1)).

Subclause (2) provides that the damages may be recovered in proceedings as for a tort in any court of competent jurisdiction.

Subclause (3) provides that any remedy that may be granted by a court with respect to a tort may be granted by a court in proceedings under clause 47 of the Bill.

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Subclause (4) provides that the right of a person to bring proceedings for damages does not affect any other right or remedy available to the person arising from the detrimental action.

Subclause (5) provides that proceedings for damages under clause 47 of the Bill may be brought even if a prosecution in relation to the detrimental action has not been brought under clause 45.

Subclause (6) provides that, without limiting the court's discretion, when granting a remedy under this clause, the court may take into account any order made under clauses 46 or 49 of the Bill in relation to the same conduct.

Clause 48 provides that a public body and its employee or agent are jointly and severally civilly liable for detrimental action taken by that employee or agent in reprisal for a protected disclosure. Proceedings under clause 47 of the Bill may be taken against either or both of the public body or its employee or agent (subclause (1)).

Subclause (2) provides that it is a defence to a proceeding against a public body under clause 47 of the Bill if the public body proves, on the balance of probabilities, that it took reasonable precautions to prevent the employee or agent from taking detrimental action in reprisal for the protected disclosure.

Clause 49 provides for the granting of injunctions and the making of certain orders by the Supreme Court if the Court is satisfied that a person has taken, or intends to take, detrimental action against another person in reprisal for a protected disclosure (subclause (1)).

Subclause (2) provides for the making of an interim order or an interim injunction pending the final determination of an application under clause 50 of the Bill.

Subclause (3) provides that, without limiting the discretion of the Supreme Court, when granting a remedy under this clause, the Court may take into account any order made under clauses 46 or 47 of the Bill in relation to the same conduct.

Clause 50 sets out the persons or entities that can make an application for an order or an injunction by the Supreme Court under clause 49 of the Bill.

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Clause 51 provides that an employee of a public service body or a public entity who has made a protected disclosure and who believes on reasonable grounds that detrimental action will be, is being or has been taken against him or her in contravention of clause 45 of the Bill, may request a transfer of employment in accordance with this clause (subclause (1)).

Subclause (2) provides that, subject to subclause (4), a public service body Head may transfer an employee of the public service body to duties within another public service body, a public entity or a different area of the same public service body on terms and conditions of employment that are no less favourable overall.

Subclause (3) provides that, subject to subclause (4), a public entity Head may transfer an employee of the public sector entity to duties within a public service body or a different area of the same public sector entity on terms and conditions of employment that are no less favourable overall.

Subclause (4) provides that an employee may only be transferred under subclauses (2) or (3) if certain conditions are satisfied.

Subclause (5) provides that the transfer of an employee under subclause (2) or (3) may be permanent or for a fixed term.

Subclause (6) provides that the transfer of an employee under subclause (2) or (3) does not constitute a resignation or termination of employment and the post-transfer service is to be regarded as continuous with the pre-transfer service.

Subclause (7) provides that, in this clause, public entity, public entity Head, public service body and public service body Head have the same meanings as they have in the Public Administration Act 2004.

PART 7—CONFIDENTIALITY OF DISCLOSURES

Clause 52 provides for the circumstances in which a person must not disclose the content, or information about the content, of an assessable disclosure.

Subclause (1) provides for the persons or bodies to which the clause applies.

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Subclause (2) provides that a person or body must not disclose the content, or information about the content, of an assessable disclosure.

The maximum penalty for an offence against subclause (2) is—

in the case of a natural person, 120 penalty units or 12 months imprisonment or both; and

in the case of a body corporate, 600 penalty units.

Subclause (3) provides for the circumstances to which subclause (2) does not apply.

Clause 53 provides that a person or body must not disclose information likely to lead to the identification of a person who has made an assessable disclosure (subclause (1)).

The maximum penalty for an offence against subclause (1) is—

in the case of a natural person, 120 penalty units or 12 months imprisonment or both; and

in the case of a body corporate, 600 penalty units.

Subclause (2) provides for the circumstances to which subclause (1) does not apply.

Clause 54 provides that a person or body may, in any of the circumstances set out in subclause (2), disclose the content or information about the content of an assessable disclosure, or information likely to lead to the identification of a person who has made an assessable disclosure (subclause (1)).

Subclause (2) lists the circumstances in which information may be disclosed under subclause (1).

Subclause (3) defines terms for the purposes of subclause (2).

PART 8—FUNCTIONS AND POWERS OF THE IBAC AND VICTORIAN INSPECTORATE

Clause 55 provides for the functions of the IBAC under the Bill.

Subclause (1) provides for the main functions of the IBAC under the Bill.

Subclause (2) provides for the additional functions of the IBAC under the Bill.

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

Clause 56 provides for the functions of the Victorian Inspectorate under the Bill (subclause (1)).

Subclause (2) provides that the Victorian Inspectorate has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions under the Bill.

PART 9—GUIDELINES, PROCEDURES AND EDUCATION

Division 1—Guidelines and procedures

Clause 57 provides that the IBAC must issue guidelines consistent with the Bill and the regulations made under the Bill for certain procedures (subclause (1)).

Subclause (2) provides that the IBAC must issue guidelines consistent with the Bill and the regulations made under the Bill for the management of the welfare of any person who makes or is affected by a protected disclosure.

Subclause (3) provides that the IBAC must ensure its guidelines are readily available to public and the persons and bodies listed in the subclause.

Clause 58 provides that an entity that may receive disclosures made in accordance with Part 2 of the Bill must establish certain procedures (subclause (1)).

Subclause (2) provides that subclause (1) does not apply to the IBAC, a Presiding Officer or a member of police personnel.

Subclause (3) provides that the Chief Commissioner of Police must establish certain procedures in relation to disclosures that may be made to a member of police personnel.

Subclause (4) provides that the IBAC must establish certain procedures.

Subclause (5) provides that a public body must establish procedures for the protection of persons from detrimental action in contravention of clause 45 of the Bill taken by the public body or members, officers or employees of the public body.

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Subclause (6) provides that the Chief Commissioner of Police must establish procedures for the protection of persons from detrimental action in contravention of clause 45 of the Bill taken by members of police personnel.

Subclause (7) provides that the holder of a public office prescribed for the purpose of this subclause must establish procedures for the protection of persons from detrimental action in contravention of clause 45 of the Bill taken by officers of employees of the office holder.

Clause 59 provides the time by which an entity must establish procedures under clause 58 of the Bill (subclause (1)).

Subclause (2) provides that the procedures must be consistent with the Bill and the regulations made under the Bill.

Subclause (3) provides that the procedures, other than the procedures established by the Victorian Inspectorate, must be consistent with the guidelines issued by the IBAC under clause 57 of the Bill.

Subclause (4) provides that an entity required to establish procedures under clause 58 of the Bill must ensure those procedures are readily available to the public and certain other persons.

Clause 60 provides that the IBAC may review the procedures established by an entity under clause 58 of the Bill, other than procedures established by the Victorian Inspectorate or the Ombudsman, to ensure the procedures are consistent with the Bill, the regulations made under the Bill and the guidelines issued by the IBAC under clause 57 of the Bill (subclause (1)).

Subclause (2) provides that the IBAC may review the implementation of the procedures established by an entity under clause 58 of the Bill, other than procedures established by the Victorian Inspectorate or the Ombudsman, to ensure their implementation is consistent with the Bill, the regulations made under the Bill and the guidelines issued by the IBAC under clause 57 of the Bill.

Clause 61 provides that the IBAC may make any recommendation to an entity that the IBAC thinks fit arising from a review under clause 60 of the Bill (subclause (1)).

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Subclause (2) provides that if it appears to the IBAC that insufficient steps have been taken by an entity within a reasonable time after making a recommendation under subclause (1), the IBAC may send a copy of the recommendation to the relevant Minister after considering any comments of the entity.

Subclause (3) defines relevant Minister.

Clause 62 provides that the Victorian Inspectorate may at any time review the procedures established by the IBAC or the Ombudsman under clause 58 of the Bill to ensure the procedures are consistent with the Bill, the regulations made under the Bill and the guidelines issued by the IBAC under clause 57 of the Bill (subclause (1)).

Subclause (2) provides that the Victorian Inspectorate may review the implementation of the procedures established by the IBAC or the Ombudsman under clause 58 of the Bill to ensure their implementation is consistent with the Bill, the regulations made under the Bill and the guidelines issued by the IBAC under clause 57 of the Bill.

Clause 63 provides that the Victorian Inspectorate may make any recommendation to the IBAC or the Ombudsman that the Victorian Inspectorate thinks fit arising from a review under clause 62 of the Bill (subclause (1)).

If the IBAC or the Ombudsman decides not to adopt a recommendation made by the Victorian Inspectorate under subclause (1), the IBAC or the Ombudsman must advise the Victorian Inspectorate of that decision and the reasons (subclause (2)).

Division 2—Guidelines and procedures relating to the Presiding Officers

Clause 64 provides that the IBAC may issue guidelines consistent with the Bill and the regulations made under the Bill for procedures to facilitate the making of disclosures to the Speaker of the Legislative Assembly and to the President of the Legislative Council in accordance with Part 2 of the Bill (Subclauses (1) and (2)).

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Subclause (3) provides that the IBAC must not issue guidelines under this clause, or any amendment to those guidelines, without the prior agreement of the relevant Presiding Officer.

Subclause (4) provides that the IBAC must ensure that its guidelines are readily available to the public, to the relevant Presiding Officer and to each Member of the relevant House of Parliament.

Clause 65 provides that a Presiding Officer of a House of Parliament may establish certain procedures (subclause (1)).

The procedures under subclause (1) must be consistent with the Bill, the regulations under the Bill and any guidelines issued by the IBAC under clause 64 of the Bill in relation to that House (subclause (2)).

Subclause (3) provides that the Presiding Officer of a House of Parliament must ensure any procedures established by the Presiding Officer under clause 65 of the Bill are readily available to the public and to each Member of the House.

Division 3—Advisory role

Clause 66 provides that the IBAC may give advice to the public sector on any matter included in a guideline issued by the IBAC under Part 9 of the Bill (subclause (1)).

Subclause (2) provides that the giving of advice by the IBAC under subclause (1) does not give rise to any right, expectation, duties, obligation that would not otherwise be conferred or imposed on, or any defence that would not otherwise be available to, the person to whom advice is given.

Subclause (3) provides that the giving of advice by the IBAC under subclause (1) does not give rise to a defence to proceedings for an offence under clause 45(1) of the Bill.

PART 10—REPORTS

Clause 67 provides that the IBAC in its annual report for a financial year under Part 7 of the Financial Management Act 1994 must include certain information (subclause (1)).

Subclause (2) provides that the matters required to be included in the report under subclause (1) are in addition to the matters

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required to be included in the report under section 89 of the Independent Broad-based Anti-corruption Commission Act 2011 and are subject to any restrictions on the inclusion of information imposed by that section.

Clause 68 provides that the Victorian Inspectorate in its annual report for a financial year under Part 7 of the Financial Management Act 1994 must include certain information (subclause (1)).

Subclause (2) provides that the matters required to be included in the report under subclause (1) are in addition to the matters required to be included in the report under section 38 of the Victorian Inspectorate Act 2011 and are subject to any restrictions on the inclusion of information imposed by that section.

Clause 69 provides that an investigating entity that is required under another Act to provide an annual report for a financial year must include in that annual report certain information (subclause (1)).

Subclause (2) provides the matters required to be included in the report under subclause (1) are in addition to the matters required to be included in the report under any other Act and subject to any restrictions on the inclusion of information imposed by clause 71 of the Bill.

Clause 70 provides that a public body, other than an investigating entity, that is required under another Act to provide an annual report for a financial year must include in that report certain information (subclause (1)).

Clause (2) provides that the matters required to be included in the report under subclause (1) are in addition to the matters required to be included in the report under any other Act and subject to any restrictions on the inclusion of information imposed under clause 71 of the Bill.

Clause 71 provides that the matters required to be included in a report under clause 69(1) or 70(1) of the Bill must not include information that is likely to lead to the identification of a person who has made an assessable disclosure (subclause 1)).

Subclause (2) provides that a matter included in a report under clause 69(1) or 70(1) of the Bill may include information to which clause 53(2)(a), (c) or (d) of the Bill applies.

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PART 11—GENERAL

Division 1—Offences and proceedings

Clause 72 creates two offences.

Subclause (1) provides that a person must not provide information under the Bill that the person knows is false or misleading in a material particular, intending that the information be acted on as a protected disclosure. There is a maximum penalty for the offence of 120 penalty units or 12 months imprisonment or both.

Subclause (2) provides that a person must not provide further information, relating to a protected disclosure made by the person, that the person knows is false or misleading in a material particular. There is a maximum penalty for this offence of 120 penalty units or 12 months imprisonment or both.

Clause 73 creates two offences.

Subclause (1) provides that a person must not claim that a matter is the subject of a protected disclosure knowing that claim to be false. There is a maximum penalty for the offence of 120 penalty units or 12 months imprisonment or both.

Subclause (2) provides that a person must not claim that a matter is the subject of a disclosure that the IBAC or the Victorian Inspectorate has determined to be a protected disclosure complaint knowing that claim to be false. There is a maximum penalty for this offence of 120 penalty units or 12 months imprisonment or both.

Clause 74 provides that, except in limited circumstances, it is an offence if certain information that has been provided to a person who made a disclosure is disclosed by that person or by another person.

Subclause (1) provides that a person who is advised by an entity under clause 24(2), 25(2) or 37(1) of the Bill that a disclosure or related disclosure has been notified to the IBAC must not disclose that information except in the circumstances specified in subclause (5). The maximum penalty for an offence against

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subclause (1) is 60 penalty units or 6 months imprisonment or both.

Subclause (2) provides that a person who is advised by the IBAC or the Victorian Inspectorate under clause 28(1) of the Bill that a disclosure made by the person has been determined to be a protected disclosure complaint must not disclose that information except in the circumstances specified in subclause (5). The maximum penalty for an offence against subclause (2) is 60 penalty units or 6 months imprisonment or both.

Subclause (3) provides that a person who receives information referred to in subclause (1) or (2) in any of the circumstances specified in subclause (5) must not disclose that information except in the circumstances specified in subclause (5). The maximum penalty for an offence against subclause (3) is 60 penalty units or 6 months imprisonment or both.

Subclause (4) provides that a person other than a person referred to in subclause (3) who receives information referred to in subclause (1), (2) or (3) from a person referred to in those subclauses must not disclose that information except in the circumstances specified in subclause (5). The maximum penalty for an offence against subclause (4) is 60 penalty units or 6 months imprisonment or both.

Subclause (5) provides the specified circumstances for the purpose of this clause.

Subclause (6) defines terms for the purposes of subclause (5).

Clause 75 sets out the entities that can bring proceedings for an offence under the Bill or the regulations made under the Bill.

Division 2—Miscellaneous

Clause 76 makes provision for the protection of public officers who disclose information in certain circumstances.

Subclause (1) provides circumstances to which this clause applies.

Subclause (2) provides that by disclosing the information in circumstances described in subclause (1), a public officer does not—

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commit an offence against section 95 of the Constitution Act 1975 or a provision of another Act imposing confidentiality obligations; or

breach other forms of confidentiality obligations.

Subclause (3) provides that the public officer is not subject to any civil or criminal liability or any liability arising by way of administrative process for disclosing the information.

Subclause (4) defines terms for the purposes of this clause.

Clause 77 makes provision for the immunity of the IBAC, an IBAC Officer, the Victorian Inspectorate or a Victorian Inspectorate Officer in certain circumstances (subclause (1)).

Subclause (2) provides that any liability resulting from an act or omission that would, but for subclause (1), attach to the IBAC, an IBAC Officer, the Victorian Inspectorate or a Victorian Inspectorate Officer attaches instead to the State.

Clause 78 provides 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 that the document discloses information that relates to a protected disclosure, an assessable disclosure or is likely to lead to the identification of a person who made a protected disclosure (subclause (1)).

Subclause (2) provides that, in this clause, the word "document" has the same meaning as in the Freedom of Information Act 1982.

Clause 79 provides for the making of regulations under the Bill.

Clause 80 provides for the making of regulations under the Bill to deal with transitional matters (subclauses (1) and (2)).

Subclause (3) provides that the regulations made under this clause of the Bill have effect despite anything to the contrary—

in any Act (other than the Bill or the Charter of Human Rights and Responsibilities Act 2006); or

in any subordinate instrument.

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Subclause (4) provides that this clause of the Bill is repealed on the second anniversary of the day on which it comes into operation.

PART 12—TRANSITIONAL AND SAVINGS PROVISIONS

Clause 81 continues the offence in section 22 of the Whistleblowers Protection Act 2001 of revealing confidential information obtained or received under the Whistleblowers Protection Act 2001. The offence applies whether the information was obtained or received before or after the repeal of the Whistleblowers Protection Act 2001. Consistent with section 22 of the Whistleblowers Protection Act 2001, the offence will continue to carry a penalty of 60 penalty units or 6 months imprisonment or both.

Subclause (3) replicates the exceptions that apply to the offence in section 22 of the Whistleblowers Protection Act 2001.

Clause 82 provides that Schedule 1, which sets out the Bill's transitional provisions, has effect.

PART 13—REPEAL AND AMENDMENT OF OTHER ACTS

Division 1—Repeal of Whistleblowers Protection Act 2001

Clause 83 repeals the Whistleblowers Protection Act 2001.

Division 2—Independent Broad-based Anti-corruption Commission Act 2011

Clause 84 amends the Independent Broad-based Anti-corruption Commission Act 2011 to include definitions of assessable disclosure, detrimental action and protected disclosure complaint for the purpose of Part 13. These terms have the same meaning as in the Bill (subclause (1)).

Subclause (2) amends the Independent Broad-based Anti-corruption Commission Act 2011 to include in the definition of report of the Chief Commissioner of Police for the purposes of the Independent Broad-based Anti-corruption Commission Act 2011, reports of the Chief Commissioner of Police under the new Part IVB of the Police Regulation Act

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1958 (which relates to the investigation of protected disclosures).

Clause 85 inserts a new section 3D into the Independent Broad-based Anti-corruption Commission Act 2011 to provide that a protected disclosure complaint that would not otherwise constitute a complaint is taken to be a complaint or a police personnel conduct complaint. A protected disclosure complaint that would otherwise constitute a notification is taken to be a complaint rather than a notification.

Clause 86 amends section 9 of the Independent Broad-based Anti-corruption Commission Act 2011 to provide for new functions of the IBAC relating to protected disclosure complaints. These functions include the investigation, referral and dismissal of protected disclosure complaints (subclauses (1) and (2)).

Subclause (3) inserts a note at the foot of section 9 of the Independent Broad-based Anti-corruption Commission Act 2011.

Clause 87 inserts a new paragraph (ba) into section 33A of the Independent Broad-based Anti-corruption Commission Act 2011, and amends paragraph (c). Section 33A prohibits unauthorised disclosures under that Act, subject to the listed exceptions. New paragraph (ba) and amended paragraph (c) list as exceptions disclosures for the purposes of proceedings for offences against Independent Broad-based Anti-corruption Commission Act 2011 or the Bill and disclosures otherwise authorised by those Acts (subclause (1)).

Subclause (2) inserts a note at the foot of section 33A of the Independent Broad-based Anti-corruption Commission Act 2011.

Clause 88 inserts—

section 33B(3) into the Independent Broad-based Anti-corruption Commission Act 2011 to prohibit the IBAC from providing or disclosing information likely to lead to the identification of a person who has made an assessable disclosure, to certain entities; and

section 33B(4) into the Independent Broad-based Anti-corruption Commission Act 2011 to authorise

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the IBAC to provide or disclose information with the consent of the person who made the assessable disclosure, or after a determination by the IBAC or VI that the assessable disclosure is not a protected disclosure complaint or after lawful publication of the information by an investigating entity.

Clause 89 amends section 33C(2)(c) of the Independent Broad-based Anti-corruption Commission Act 2011 to include as a matter that must be specified in the confidentiality notice, a statement advising the person to whom the confidentiality notice is issued of the additional confidentiality obligations that may apply pursuant to the Bill.

Clause 90 inserts a note at the foot of section 33E(1) of the Independent Broad-based Anti-corruption Commission Act 2011 (subclause (1)).

Subclause (2) amends section 33E(2)(c)(ii) of the Independent Broad-based Anti-corruption Commission Act 2011 so that a restricted matter specified in a confidentiality notice, may be disclosed if the disclosure is authorised or required under the Bill.

Clause 91 substitutes section 37(1) of the Independent Broad-based Anti-corruption Commission Act 2011. Section 37 sets out the procedure for dealing with complaints to the IBAC from persons in custody. Substituted section 37(1) extends the operation of the provision to apply to disclosures under the both the IBAC Act and the Bill.

Clause 92 amends section 38 of the Independent Broad-based Anti-corruption Commission Act 2011 by inserting new section 38(4). Section 38 sets out the circumstances in which a complaint to the IBAC may be withdrawn. New section 38(4) provides that a complaint that is a protected disclosure complaint may not be withdrawn.

Clause 93 amends section 40B of the Independent Broad-based Anti-corruption Commission Act 2011 and inserts new sections 40B(1A) and (1B) to require the IBAC to notify persons who make protected disclosure complaints of any action taken by the IBAC to dismiss, investigate or refer the complaint. Where the IBAC dismisses a protected disclosure

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complaint, it must provide the complainant with the reasons for that decision.

Clause 94 inserts a new section 46A into the Independent Broad-based Anti-corruption Commission Act 2011 to provide that the IBAC may conduct an investigation in accordance with its corrupt conduct or police personnel conduct investigative functions, on a protected disclosure complaint about the taking of or a proposal to take detrimental action, if the IBAC had jurisdiction to investigate the protected disclosure complaint in respect of which the detrimental action is alleged.

Clause 95 amends section 47A of the Independent Broad-based Anti-corruption Commission Act 2011 to insert new sections 47A(2) to (4), which set out the circumstances in which protected disclosure complaints can be dismissed by the IBAC.

Clause 96 amends section 49C of the Independent Broad-based Anti-corruption Commission Act 2011 to insert new section 49C(2A) and substitute section 49C(4).

New section 49C(2A) provides that protected disclosure complaints may only be referred by the IBAC to the Chief Commissioner of Police (in the case of protected disclosure complaints relating to police conduct), the Ombudsman or the Victorian Inspectorate.

New section 49C(4) sets out the how the Chief Commissioner of Police must handle complaints and notifications referred by the IBAC, which is dependent upon whether or not they are protected disclosure complaints. The Chief Commissioner of Police must investigate complaints and notifications under Division 2 of Part IVA of the Police Regulation Act 1958 and protected disclosure complaints under Part IVB of the Police Regulation Act 1958.

Clause 97 amends section 82C(1) of the Independent Broad-based Anti-corruption Commission Act 2011 and insert new sections 82C(1A) and (1B), which provides that the IBAC must not hold an examination in public if the examination may disclose particulars likely to lead to the identification of a

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person who has made an assessable disclosure unless in the circumstances contemplated by new section 82C(1B).

Clause 98 amends section 82P(1)(d) of the Independent Broad-based Anti-corruption Commission Act 2011 so that in cases of the investigation of a protected disclosure complaint, the IBAC is required to inform the legal representative of a person attending an examination, of the confidentiality requirements under the Bill. This must occur before the examination commences or before the person is required to produce a document or thing.

Clause 99 inserts a new section 82PA into the Independent Broad-based Anti-corruption Commission Act 2011 which provides that a witness attending an examination in relation to the investigation of a protected disclosure complaint must also be informed of the confidentiality requirements under the Bill.

Clause 100 inserts section 82ZC(2)(ca) into the Independent Broad-based Anti-corruption Commission Act 2011, so that the privilege against self-incrimination is also abrogated for certain offences against the Protected Disclosure Act 2012; namely the offences of making a false disclosure or providing false further information or falsely claiming that a disclosure is a protected disclosure or a protected disclosure complaint.

Clause 101 inserts new sections 83(2A) and (2B) into the Independent Broad-based Anti-corruption Commission Act 2011. Section 83 allows the IBAC to make recommendations to a relevant principal officer, a responsible Minister or the Premier in certain circumstances.

New section 83(2A) provides that these recommendations must not contain information likely to lead to the identification of a person who has made an assessable disclosure.

New section 83(2B) allows the recommendations to contain information that may lead to the identification of a person who made an assessable disclosure if the person who made the disclosure has consented to the disclosure, after the IBAC or the VI has determined that the assessable disclosure is not a protected disclosure complaint or the investigating entity had already lawfully published the information in a report to Parliament or made the information public in another way.

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Clause 102 amends section 84(2) of the Independent Broad-based Anti-corruption Commission Act 2011 to allow the IBAC to request the Chief Commissioner to conduct a further investigation under Part IVA of the Police Regulation Act 1958 or, in the case of a protected disclosure complaint, Part IVB of that Act. Previously these investigations were conducted under section 86O of the Police Regulation Act 1958.

Clause 103 substitutes section 86(8) of the Independent Broad-based Anti-corruption Commission Act 2011 and inserts new section 86(9) to provide that the IBAC must not include in a report under section 86 certain information.

Clause 104 substitutes section 87(2) of the Independent Broad-based Anti-corruption Commission Act 2011 and inserts new sections 87(5), (6) and (7) to set out the circumstances in which the advice set out in section 87(1) must be provided by the IBAC to a complainant

Clause 105 inserts new section 89(8) in the Independent Broad-based Anti-corruption Commission Act 2011 to provide for the matters that the IBAC must not include in its annual report.

Division 3—Victorian Inspectorate Act 2011

Clause 106 amends section 3 of the Victorian Inspectorate Act 2011 by inserting new definitions of assessable disclosure and protected disclosure complaint.

Clause 107 inserts new section 3A into the Victorian Inspectorate Act 2011. New section 3A deems a protected disclosure complaint to be a complaint under section 29 of the Victorian Inspectorate Act 2011 in circumstances where it would not otherwise constitute a complaint. The person who made the disclosure is taken to be the complainant for this purpose.

Clause 108 inserts new section 9(2)(ab) into the Victorian Inspectorate Act 2011, which gives the Victorian Inspectorate (VI) the additional functions of overseeing the performance by the IBAC of its functions under the Protected Disclosure Act 2012 (subclause (1)).

Subclause (2) inserts a new note at the foot of section 9 of the Victorian Inspectorate Act 2011.

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Clause 109 inserts new section 28A(1)(ba) and amends section 28A(1)(c) of the Victorian Inspectorate Act 2011. Section 28A prohibits Victorian Inspectorate Officers from making unauthorised disclosures. New section 28A(1)(ba) and amended section 28A(c) authorise such disclosures for the purposes of proceedings for an offence against the VIA or the Bill, and as otherwise authorised under the Victorian Inspectorate Act 2011 or the Bill.

Clause 110 amends section 28C of the Victorian Inspectorate Act 2011 and inserts section 28(C)(2) and (3) into the Victorian Inspectorate Act 2011 to prohibit the VI from providing or disclosing certain information in certain circumstances.

Clause 111 substitutes new section 28D(1) into the Victorian Inspectorate Act 2011, which provides that current and former Victorian Inspectorate Officers cannot be required or compelled in a court to product certain documents or information except in certain types of proceedings.

Clause 112 inserts new section 28E(2)(ca) into the Victorian Inspectorate Act 2011 to require the VI to direct the recipient of a confidentiality notice to any additional obligations under the Bill relating to confidentiality that may apply.

Clause 113 inserts a note at the foot of section 28F(1) of the Victorian Inspectorate Act 2011 (subclause (1)).

Subclause (2) amends section 28F(2)(c)(ii) of the Victorian Inspectorate Act 2011 to provide for the circumstances in which a restricted matter may be specified in a confidentiality notice.

Clause 114 inserts new section 30(1A) after section 30(1) of the Victorian Inspectorate Act 2011 to require the VI to investigate a protected disclosure complaint (subclause (1)).

Subclause (2) inserts new sections 30(6) and 30 (7) into the Victorian Inspectorate Act 2011 to prohibit the VI from including certain information in any notice under sections 30(2), (3), (4) and (5).

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Clause 115 inserts new section 30A of the Victorian Inspectorate Act 2011 to provide for the advice which the VI must and must not provide to persons who make protected disclosure complaints.

Clause 116 inserts section 31A(5) and 31A(6) into the Victorian Inspectorate Act 2011 to prohibit the inclusion in a notice under section 31A(3) of the Victorian Inspectorate Act 2011 of certain information.

Clause 117 amends section 33L(1)(d) of the Victorian Inspectorate Act 2011 to require the VI, in cases of the investigation of a protected disclosure complaint, to inform the legal representative of a person attending an examination, of the confidentiality requirements under the Bill. This must occur before the examination commences or before the person is required to produce a document or thing.

Clause 118 inserts new section 33LA into the Victorian Inspectorate Act 2011 to require the VI to inform a witness at an examination of any confidentiality obligations under the Bill that may apply to the VI, prior to the commencement of the examination.

Clause 119 inserts new section 33T(2)(cc) into the Victorian Inspectorate Act 2011, so that the privilege against self-incrimination is also abrogated for certain offences against the Bill; namely the offences of making a false disclosure or providing false further information or falsely claiming that a disclosure is a protected disclosure or a protected disclosure complaint.

Clause 120 inserts new section 35G into the Victorian Inspectorate Act 2011, which prohibits the VI from including certain information in a recommendation.

Clause 121 substitutes new section 36(5B) and (5BA) of the Victorian Inspectorate Act 2011 to provide that the VI must not include certain information in a special report.

Clause 122 inserts new section 36A(1A) into the Victorian Inspectorate Act 2011 to require the VI to provide a complainant with certain information if the investigation or inquiry relates to a protected disclosure complaint.

Clause 123 inserts new section 38(1)(ca) into the Victorian Inspectorate Act 2011 and substitutes section 38(7) and (8) to provide for

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information that must, and must not, be included in the VI's annual report (subclause (1) and (2)).

Subclause (3) inserts a note at the foot of section 38 of the Victorian Inspectorate Act 2011.

Clause 124 repeals section 48 of the Victorian Inspectorate Act 2011. Section 48 is a redundant provision which amended the Whistleblowers Protection Act 2001.

Division 4—Police Regulation Act 1958

Clause 125 amends the definition of member of police personnel in section 3(1) of the Police Regulation Act 1958 so that the definition will not apply to that term in Part IVB of the Police Regulation Act 1958 (paragraph (a)).

Paragraph (b) amends section 3(1) of the Police Regulation Act 1958 by inserting a definition of protected disclosure complaint.

Clause 126 amends section 69(1) of the Police Regulation Act 1958 by—

repealing paragraph (ab) of that section so that a member of the police force's failure to comply with a direction under section 55 or 90 of the Whistleblowers Protection Act 2001 is not a breach of discipline; and

inserting paragraph (bba) into that section so that an police officer's failure to comply with a direction under section 86Y of the Police Regulation Act 1958 is a breach of discipline.

Clause 127 amends section 85B(3)(a)(ii) of the Police Regulation Act 1958 to provide that the Chief Commissioner of Police may direct a member of the police force in certain circumstances to furnish a breath, urine or blood sample for testing if the Chief Commissioner is satisfied that such testing may be relevant to an investigation under Part IVB of the Police Regulation Act 1958.

Clause 128 amends section 85C(b) of the Police Regulation Act 1958 to provide that the Chief Commissioner of Police may have regard to evidence derived from a sample obtained in accordance with a direction under Division 4A of the Police Regulation Act

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1958 in any investigation under Part IVB of the Police Regulation Act 1958.

Clause 129 amends section 85E(2)(c) of the Police Regulation Act 1958 to provide that evidence derived from a sample obtained in accordance with a direction under section 85B or 85D of the Police Regulation Act 1958 is admissible in a court, tribunal or before a person or body authorised to hear and receive evidence in a proceeding connected with an investigation under Part IVB of the Police Regulation Act 1958.

Clause 130 inserts a note at the foot of section 86AB(1) of the Police Regulation Act 1958.

Clause 131 inserts a note at the foot of section 86L(2A) of the Police Regulation Act 1958 (subclause (1)).

Subclause (2) amends section 86L of the Police Regulation Act 1958 by substituting a new section 86L(2B) to provide that if a member of the police force is required to make a complaint under section 86L(2A) of the Police Regulation Act 1958 about the conduct of another member of the police force, it is sufficient compliance for the purposes of that section if the member makes a disclosure in accordance with Part 2 of the Bill.

Clause 132 substitutes a new section 86LA into the Police Regulation Act 1958 which provides that if a member of the force makes a complaint to a member of the force of more senior rank about a member (other than the Chief Commissioner of Police), the member receiving the complaint must refer the complaint to the Chief Commissioner of Police if that member considers the complaint may be a complaint under section 86L(2A) of the Police Regulation Act 1958.

It is intended that the words "may be" in section 86LA create a relatively low threshold and that the member would not be required to consider that the complaint is a complaint under section 86L(2A) of the Police Regulation Act 1958.

Clause 133 amends section 86M(1) of the Police Regulation Act 1958 to provide that the Chief Commissioner must investigate a complaint made to a member of the police force about the serious misconduct of a member of the police force unless the

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subject matter of the complaint could constitute a protected disclosure complaint.

Clause 134 inserts a new Part IVB into the Police Regulation Act 1958, which provides for the investigation of protected disclosure complaints. Part IVB contains new section 86W to 86ZM.

New section 86W defines police force and police personnel for the purposes of Part IVB of the Police Regulation Act 1958.

New section 86X requires the Chief Commissioner to investigate, in accordance with Part IVB of the Police Regulation Act 1958 every protected disclosure complaint that the IBAC has referred to him or her under Division 4 of Part 3 of the Independent Broad-based Anti-corruption Commission Act 2011.

New section 86Y(1) provides that the Chief Commissioner may direct a member of the police force to do certain things for the purposes of an investigation of a protected disclosure complaint relating to a member of the police force.

Prior to directing a member of the police force in section 86Y(1), the Chief Commissioner must advise the member of certain matters (new section 86Y(2)).

New section 86Y(3) provides that any information, document or answer given or produced in accordance with a direction under new section 86Y(1) is not admissible as evidence before a court or person acting judicial, except in certain proceedings.

New section 86Y(4) clarifies that a direction under new section 86Y(1) cannot be given to the Chief Commissioner.

New section 86Z(1) enables a person who made a protected disclosure complaint to request information from the Chief Commissioner about the investigation under Part IVB of the Police Regulation Act 1958.

New section 86Z(2) provides that the Chief Commissioner may give information to a person who makes a request under section 86Z(1), subject to section 86ZE of the Police Regulation Act 1958.

New section 86ZA(1) sets out the action that the Chief Commissioner must and may take if the Chief Commissioner

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finds, upon completing an investigation, that the conduct which was the subject of the investigation has occurred.

New section 86ZA(2) provides that the steps to be taken under section 86ZA(1)(a) of the Police Regulation Act 1958 may include the brining of disciplinary proceedings.

New section 86ZB(1) requires the Chief Commissioner, upon completing an investigation, to report to the IBAC on certain matters (paragraph (a)). The new section also provides that the Chief Commissioner may, if he or she considers it necessary to do so, to give the Premier or the Minister information in writing relating to the investigation (paragraph (b)).

New section 86ZB(2) prohibits the Chief Commissioner from giving certain information to the Premier or the Minister under section 86ZB(1)(b), subject to the exception contained in new section 86ZB(3).

New section 86ZB(4) requires the Chief Commissioner to notify the IBAC, in writing, of any information given to the Premier or Minister under new section 86ZB(1)(b).

New section 86ZC provides that the Premier or Minister may disclose any information given to them under new section 86ZB(1)(b) for the purpose of obtaining advice on the matter to which the information relates.

New section 86ZD requires the Chief Commissioner to inform the person who made the protected disclosure complaint of the outcome of the investigation, subject to section 86ZE.

New section 86ZE restricts the disclosure of information under new section 86Z or 86ZD in certain circumstances.

New section 86ZF defines terms for the purposes of Division 4 of Part IVB of the Police Regulation Act 1958.

New section 86ZG(1) prohibits the disclosure of certain information by present and former members of police personnel. The maximum penalty for an offence against this section is 120 penalty units or imprisonment for 12 months or both.

New section 86ZG(2) provides for the types of information to which section 86ZG(1) does not apply.

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New section 86ZG(3) enables the Chief Commissioner to disclose or authorise the disclosure of any information acquired by a member of police personnel by reason of, of in the course of, the performance of duties or functions of the exercise of powers under Part IVB of the Police Regulation Act 1958 to certain entities, subject to section 86ZG(4).

New section 86ZG(4) limits the circumstances in which the Chief Commissioner can disclose, or authorise the disclosure of, information under section 86ZG(3).

New section 86ZG(5) further limits the circumstances in which the Chief Commissioner may disclose information under section 86ZG(3).

New section 86ZG(6) clarifies that section 86ZG does not affect the operation of section 86Y.

New section 86ZH(1) prohibits the disclosure of a restricted matter. The maximum penalty for this offence is 120 penalty units or imprisonment for 12 months or both.

New section 86ZH(2) in conjunction with new section 86ZH(3) provide for the circumstances to which section 86ZH(1) does not apply.

New section 86ZH(4) clarifies that section 86ZH does not affect the operation of section 86Y.

New section 86ZI(1) enables the Chief Commissioner to authorise a person to disclose a restricted matter to a person specified in the authorisation.

New section 86ZI(2) provides for the circumstances in which the Chief Commissioner must not authorise a person to disclose a restricted matter under section 86ZI(1).

New section 86ZI(3) provides for an exception to the prohibition in section 86ZI(2).

New section 86ZI(4) provides that an authorisation under section 86ZI(1) must be in writing.

New section 86ZJ(1) requires the Chief Commissioner to establish procedures with respect to the investigation of protected disclosure complaints under Part IVB of the Police Regulation Act 1958.

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New section 86ZJ(2) provides for the matters that must be included in the procedures referred to in section 86ZJ(1).

New section 86ZJ(3) requires the Chief Commissioner to establish the procedures referred to in section 86ZJ(1) as soon as practicable after the commencement of the Bill.

New section 86ZJ(4) provides that the procedures referred to in section 86ZJ(1) must be consistent with the Bill and the guidelines in force for the time being under clause 57 of the Bill.

New section 86ZJ(5) requires the Chief Commissioner to ensure that the procedures referred to in section 86ZJ(1) are readily available to the public and to each member of police personnel.

New section 86ZK(1) provides that the IBAC may review procedures established under section 86ZJ, or the implementation of those procedures, to ensure that they are consistent with the Bill and the guidelines in force under clause 57 of the Bill.

New section 86ZK(2) provides that the IBAC may make any recommendation to the Chief Commissioner relating to the procedures or the implementation of the procedures arising from a review under section 86ZK(1).

New section 86ZL(1) requires the Chief Commissioner to take certain action on receiving a recommendation under section 86ZK.

New section 86ZL(2) provides that the IBAC may send a copy of the recommendation under new section 86K to the relevant Minister in certain circumstances.

New section 86ZM provides that the Chief Commissioner may request the IBAC to withdraw the referral of a protected disclosure complaint under section 49I of the Independent Broad-based Anti-corruption Commission Act 2011 in certain circumstances.

Clause 135 amends section 100F(1)(b) and (2)(b) of the Police Regulation Act 1958 to provide for the return of items seized under Division 3 of the Police Regulation Act 1958 that are not required, or likely to be required, in connection with any investigation or proposed investigation under Part IVB of the Police Regulation Act 1958.

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Clause 136 amends section 100G(2)(c) of the Police Regulation Act 1958 to provide for the extension by the Magistrates' Court of the period for which a thing seized under Division 3 of the Police Regulation Act 1958 may be retained if the Court is satisfied that retention of the thing is necessary for the purposes of an investigation or proposed investigation under Part IVB of the Police Regulation Act 1958.

Clause 137 amends section 100H of the Police Regulation Act 1958 to provide that a thing seized in relation to certain offence may be used in connection with an investigation into the conduct of a member of the police force under Part IVB of the Police Regulation Act 1958.

Clause 138 inserts a note at the foot of section 103(3) of the Police Regulation Act 1958.

Clause 139 inserts a note at the foot of section 118B(2) of the Police Regulation Act 1958.

Clause 140 inserts section 127A(1BA) and (1BB) into the Police Regulation Act 1958 to provide that the Chief Commissioner may not authorise the use of, disclosure of, or access to, protected disclosure information in accordance with section 127(1B) of the Police Regulation Act 1958.

Clause 141 inserts section 130(1)(ga) into the Police Regulation Act 1958 to provide that the Governor in Council may make regulations for or with respect to investigations under Part IVB of the Police Regulation Act 1958.

Division 5—Safe Drinking Water Act 2003

Clause 142 repeals sections 22(3) and 22(4) of the Safe Drinking Water Act 2003 because the relevant protections for an officer who reports known or suspected contamination will be contained in the new Division 3 of Part 3 of the Safe Drinking Water Act 2003 as inserted by clause 142 of the Bill.

Clause 143 inserts a new Division 3 into Part 3 of the Safe Drinking Water Act 2003. Division 3 replicates sections 22(3) and 22(4) of the Safe Drinking Water Act 2003 along with the related sections of the Whistleblowers Protection Act 2001 which will be repealed upon commencement of clause 82 of the Bill.

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New section 26A defines "officer" to mean an officer of a water supplier, water storage manager or council.

New section 26B sets out the circumstances in which the protections will apply to a report by an officer about known or suspected contamination. Section 26B(1)(a) and (b) replicate the effect of section 22(3) of the Safe Drinking Water Act 2003. Section 26B(2) defines relevant terms and gives them the same meaning as they have in the Bill.

New sections 26C, 26D, 26E, 26F, 26G, 26H, 26I, 26J and 26K replicate sections 13, 14, 15, 16, 17, 18, 19, 20 and 21 of the Whistleblowers Protection Act 2001 so that these protections apply to relevant reports in the same way as they currently apply to the same reports by virtue of section 22(3) of the Safe Drinking Water Act 2003.

Division 6—Parliamentary Committees Act 2003

Clause 144 amends section 12A(1A) of the Parliamentary Committees Act 2003 to clarify the role of the IBAC Committee in relation to protected disclosure complaints and IBAC's determination about whether a disclosure is a protected disclosure complaint.

Division 7—Ombudsman Act 1973

Clause 145 amends section 2(1) of the Ombudsman Act 1973 to define terms and phrases necessary for the purposes of that Act (subclause (1)). Clause 145(1)(b) amends the definition of "principal officer", as substituted by clause 225(1)(e) of the Integrity and Accountability Legislation Amendment Bill 2012. Clause 145(1)(c) amends the definition of "responsible Minister", as inserted by clause 225(1)(a) of the Integrity and Accountability Legislation Amendment Bill 2012.

Subclause (2) inserts section 2(3) into the Ombudsman Act 1973 to provide that a reference to a person who made a protected disclosure complaint or to a person who made a relevant protected disclosure complaint is a reference to a person who made a disclosure that was determined to be a protected disclosure complaint under clause 26 of the Bill.

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Clause 146 inserts new section 13AAA into the Ombudsman Act 1973 to provide that the Ombudsman has the function to investigate protected disclosure complaints about conduct taken by or in an authority or protected disclosure entity.

Clause 147 amends section 13AA of the Ombudsman Act 1973, as inserted by clause 228 of the Integrity and Accountability Legislation Amendment Bill 2012, to provide that the functions listed in section 13AA, are in addition to those set out in section 13AAA of the Ombudsman Act 1973.

Clause 148 amends section 13A(1)(a) of the Ombudsman Act 1973 so that the Ombudsman may not conduct an enquiry for the purposes of determining whether an investigation of a protected disclosure complaint should be conducted.

Clause 149 inserts a new Division 1A into Part IV of the Ombudsman Act 1973. New Division 1A includes new sections 15C to 15F.

New section 15C requires the Ombudsman to conduct an investigation under the Ombudsman Act 1973 on a protected disclosure complaint about conduct by or in an authority or protected disclosure entity, subject to sections 15D and 15E.

New section 15D(1) requires the Ombudsman to refuse to conduct an investigation on a protected disclosure complaint if conducting the investigation would be contrary to section 13AB of the Ombudsman Act 1973.

New section 15D(2) requires the Ombudsman to refuse to conduct an investigation on a protected disclosure complaint unless he or she is reasonably satisfied that the protected disclosure complaint shows or tends to show that improper conduct or detrimental action has occurred, is occurring or is proposed.

New section 15D(3) provides that in this clause, improper conduct has the meanings given in clause 4 of the Bill.

New section 15E provides that the Ombudsman may refuse to conduct an investigation on a protected disclosure complaint in certain circumstances.

New section 15F requires the Ombudsman, if he or she refuses to conduct an investigation on a protected disclosure complaint, to inform the person who made the protected disclosure

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complaint of certain matters within a reasonable time after receiving the protected disclosure complaint from the IBAC.

Clause 150 amends section 16B(1)(a) and (b) of the Ombudsman Act 1973, as inserted by clause 232 of the Integrity and Accountability Legislation Amendment Bill 2012 and inserts section 16B(1)(c) so that a referred complaint for the purposes of the Ombudsman Act 1973 includes a protected disclosure complaint that the Ombudsman has refused to investigate under section 15D(2) of the Ombudsman Act 1973.

Clause 151 amends section 16F(2) of the Ombudsman Act 1973, as inserted by clause 232 of the Integrity and Accountability Legislation Amendment Bill 2012, so that the Ombudsman is required to notify the Victorian Inspectorate of certain matters that Ombudsman became aware of in the course of an investigation on a relevant protected disclosure complaint.

Clause 152 amends section 16H of the Ombudsman Act 1973, as inserted by clause 232 of the Integrity and Accountability Legislation Amendment Bill 2012, so that Division 2D of Part IV of the Ombudsman Act 1973 does not apply to a complaint that is a referred complaint within the meaning of section 16B(1)(c) of the Ombudsman Act 1973.

Clause 153 inserts section 16L(1A) into the Ombudsman Act 1973, as inserted by clause 232 of the Integrity and Accountability Legislation Amendment Bill 2012, to limit the information that the Ombudsman may disclose pursuant to section 16L(1) of the Ombudsman Act 1973.

Clause 154 amends section 17(1) of the Ombudsman Act 1973, as substituted by clause 233(1) of the Integrity and Accountability Legislation Amendment Bill 2012, to require the Ombudsman to notify, before conducting an investigation under the Ombudsman Act 1973 on a relevant protected disclosure complaint, certain persons and bodies of the Ombudsman's intention to conduct an investigation (subclause (1)).

Subclause (2) inserts sections 17(1A) and 17(1B) of the Ombudsman Act 1973.

Section 17(1A) provides that information given under section 17(1)(a)of the Ombudsman Act 1973, must include a written statement advising the recipient that it is an offence

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under section 26FA of the Ombudsman Act 1973 to disclose the Ombudsman's intention to conduct an investigation.

Section 17(1B) prohibits the Ombudsman from notifying the relevant persons under section 17(1) of the Ombudsman Act 1973, in certain circumstances.

Subclause (3) amends section 17(4) of the Ombudsman Act 1973, as substituted by clause 233(3) of the Integrity and Accountability Legislation Amendment Bill 2012, to require the Ombudsman to give the principal officer of a protected disclosure entity the opportunity to comment on the subject matter of an investigation in certain circumstances.

Subclause (4) inserts section 17(4A) into the Ombudsman Act 1973 to require the Ombudsman to give the relevant Minister or the Mayor of the relevant Council the opportunity to comment on the subject matter of an investigation on a relevant protected disclosure complaint about a Councillor in certain circumstances.

Subclause (5) amends section 17(5) of the Ombudsman Act 1973 to clarify the Ombudsman's ability to consult with a Minister about an investigation on a relevant protected disclosure complaint.

Subclause (6) amends section 17(5A) of the Ombudsman Act 1973, as substituted by clause 233(4) of the Integrity and Accountability Legislation Amendment Bill 2012, to clarify the Ombudsman's ability to consult with a Mayor of a Council about an investigation on a relevant protected disclosure complaint.

Subclause (7) amends section 17(6) of the Ombudsman Act 1973, as substituted by clause 233(4) of the Integrity and Accountability Legislation Amendment Bill 2012, to provide that the reporting obligations in this section apply in circumstances where there is evidence of a breach of duty or misconduct on the part of a protected disclosure entity or a member, officer or employee of a protected disclosure entity.

Subclause (8) inserts section 17(6A) into the Ombudsman Act 1973 to limit the information the Ombudsman may disclose pursuant to section 17(4), 17(4A), 17(5), 17(5A) or 17(6) of the Ombudsman Act 1973.

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Clause 155 amends section 18(3) of the Ombudsman Act 1973 to extend the application of this section to information obtained by or furnished to persons in the service of a protected disclosure entity.

Clause 156 amends section 18C(1)(b) of the Ombudsman Act 1973, as inserted by clause 235 of the Integrity and Accountability Legislation Amendment Bill 2012, to provide that a person may seek legal advice from and be represented by a legal practitioner in relation to the person's rights, liabilities, obligations and privileges under the Bill.

Clause 157 substitutes section 18E(2)(d) of the Ombudsman Act 1973, as inserted by clause 235 of the Integrity and Accountability Legislation Amendment Bill 2012, to require the presiding officer to provide certain information to a legal practitioner who is representing a person appearing, before the person appearing is asked any questions or required to produce any documents(subclause (1)).

Subclause (2) inserts section 18E(2A) into the Ombudsman Act 1973 to provide that in an investigation on a protected disclosure complaint, the presiding officer must advise a person appearing of certain matters before the person is asked any questions or is required to produce any document.

Clause 158 substitutes a new section 19(2) into the Ombudsman Act 1973 so that section 19(1) of the Ombudsman Act 1973 does not apply in relation to an investigation on a relevant protected disclosure complaint.

Clause 159 inserts sections 19A, 19B, 19C and 19D into the Ombudsman Act 1973.

Section 19A provides that, in relation to an investigation on a relevant protected disclosure complaint, a person is not required or authorised to disclose Cabinet information.

Section 19B provides, in relation to an investigation on a relevant protected disclosure complaint, a person is not required or authorised to disclose information that relates to private deliberations of certain Parliamentary Committees.

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Section 19C permits the Secretary to the Department of Premier and Cabinet to issue a certificate conclusively certifying that any information is Cabinet Information or is the type of information referred to in sections 19 or 19B of the Ombudsman Act 1973.

Section 19D provides that nothing in the Ombudsman Act 1973 entitles a person to disclose information that is the subject of legal professional privilege or client legal privilege in an investigation on a relevant protected disclosure complaint.

Clause 160 amends section 21 of the Ombudsman Act 1973 to permit the Ombudsman to enter certain premises and inspect those premises for the purposes of conducting an investigation on a relevant protected disclosure complaint.

Clause 161 amends section 23(1) of the Ombudsman Act 1973 so that it does not apply to an investigation conducted under Division 1A of Part IV of the Ombudsman Act 1973 (subclause (1)).

Subclause (2) inserts section 23(2A) into the Ombudsman Act 1973, to require the Ombudsman to undertake certain actions on completion of an investigation on a relevant protected disclosure complaint (other than a relevant protected disclosure complaint about a Member of Parliament).

Subclause (3) amends section 23(3) of the Ombudsman Act 1973, as substituted by clause 240(2) of the Integrity and Accountability Legislation Amendment Bill 2012, so that the Ombudsman is required to send a copy of any report or recommendation made under section 23(2A) of the Ombudsman Act 1973 to certain persons.

Subclause (4) amends section 23(4) of the Ombudsman Act 1973 so that, where the Ombudsman makes a recommendation to certain people under section 23(2A) of the Ombudsman Act 1973, the Ombudsman may request the person to notify the Ombudsman of steps taken or proposed to be taken to give effect to the recommendation.

Subclause (5) amends section 23(5) of the Ombudsman Act 1973 so that the Ombudsman may take certain action if it appears to the Ombudsman that appropriate steps have not been

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taken in response to a report or recommendation under section 23(2A) of the Ombudsman Act 1973.

Subclause (6) inserts section 23(6A) into the Ombudsman Act 1973 which limits the information the Ombudsman may disclose in a recommendation under section 23(2) or 23(2A) of the Ombudsman Act 1973.

Clause 162 inserts section 23A into the Ombudsman Act 1973 to require the Ombudsman to take certain actions on completion of an investigation on a relevant protected disclosure complaint about a Member of Parliament.

Clause 163 inserts a new heading to section 24 of the Ombudsman Act 1973 (subclause (1)).

Subclause (2) substitutes a new section 24(1) into the Ombudsman Act 1973 to require the Ombudsman to inform the complainant or the person who made the relevant protected disclosure complaint of certain matters relating to the investigation of that complaint.

Subclause (3) amends section 24(2) of the Ombudsman Act 1973 so that the Ombudsman may disclose to a person who made a relevant protected disclosure complaint, information in addition to the information disclosed under section 24(1) of the Ombudsman Act 1973.

Subclause (4) inserts section 24(4) into the Ombudsman Act 1973 to provide that information disclosed under section 24 to a person who made a relevant protected disclosure complaint must include a written statement advising the recipient that it is an offence under section 26FA of the Ombudsman Act 1973 to disclose the information.

Clause 164 inserts a note at the foot of section 25(1) of the Ombudsman Act 1973.

Clause 165 amends section 25A(1) of the Ombudsman Act 1973, as substituted by clause 244 of the Integrity and Accountability Legislation Amendment Bill 2012, and inserts sections 25A(1A) to prohibit the inclusion of certain information in a report under the Ombudsman Act 1973.

Clause 166 amends section 25B(3)(b) of the Ombudsman Act 1973, as inserted by clause 244 of the Integrity and Accountability

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Legislation Amendment Bill 2012, so that, for the purposes of section 25B(1) of the Ombudsman Act 1973, as inserted by clause 244 of the Integrity and Accountability Legislation Amendment Bill 2012, a permitted disclosure includes certain disclosures for the purpose of enabling a protected disclosure entity or Minister to respond to a proposed report (or draft or part thereof).

Clause 167 amends section 26A(1) of the Ombudsman Act 1973, as inserted by clause 245 of the Integrity and Accountability Legislation Amendment Bill 2012, to provide that the disclosure of certain information by a person who is, or was, an Ombudsman officer is authorised if its disclosure is for the purposes of proceedings for an offence against the Bill or the Ombudsman Act 1973 or is otherwise authorised or required by the Bill.

Subclause (2) inserts a note at the foot of section 26A(1) of the Ombudsman Act 1973, as inserted by clause 245 of the Integrity and Accountability Legislation Amendment Bill 2012.

Clause 168 inserts section 26C(2)(ca) of the Ombudsman Act 1973 and amends section 26C(2)(d)(ii), as inserted by clause 245 of the Integrity and Accountability Legislation Amendment Bill 2012, to provide for additional information that must be included in a confidentiality notice under section 26C(1) of the Ombudsman Act 1973.

Clause 169 amends section 26F(2)(c)(ii) of the Ombudsman Act 1973, as inserted by clause 245 of the Integrity and Accountability Legislation Amendment Bill 2012, so that a person may disclose a restricted matter for the purposes of obtaining legal advice or representation in relation to the person's rights, liabilities, obligations and privileges under the Bill (subclause (1)).

Subclause (2) inserts a note at the foot of section 26F of the Ombudsman Act 1973, as inserted by clause 245 of the Integrity and Accountability Legislation Amendment Bill 2012.

Clause 170 amends section 26H of the Ombudsman Act 1973, as inserted by clause 246 of the Integrity and Accountability Legislation Amendment Bill 2012, to clarify the role of the Accountability and Oversight Committee in relation to protected disclosure complaints.

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Clause 171 inserts section 26FA into the Ombudsman Act 1973 to provide that, except in limited circumstances, it is an offence if certain information that has been provided to a person who made a relevant protected disclosure complaint is disclosed by that person or by another person.

Section 26FA(1) provides that a person who made a relevant protected disclosure complaint who is informed by the Ombudsman under section 17(1)(a) of the Ombudsman Act 1973 of the intention to conduct an investigation must not disclose that information except in the circumstances specified in section 26FA(5). The maximum penalty for an offence against section 26FA(1) is 60 penalty units or 6 months imprisonment or both.

Section 26FA(2) provides that a person who made a relevant protected disclosure complaint who receives information under section 24(1) or (2) of the Ombudsman Act 1973 must not disclose that information except in the circumstances specified in section 26FA(5). The maximum penalty for an offence against section 26FA(2) is 60 penalty units or 6 months imprisonment or both.

Section 26FA(3) provides that a person who receives information referred to in section 26FA(1) or (2) in any of the circumstances specified in section 26FA(5) must not disclose that information except in the circumstances specified in section 26FA(5). The maximum penalty for an offence against section 26FA(3) is 60 penalty units or 6 months imprisonment or both.

Section 26FA(4) provides that a person other than a person referred to in section 26FA(3) who receives information referred to in section 26FA(1), (2) or (3) from a person referred to in those sections must not disclose that information except in the circumstances specified in section 26FA(5). The maximum penalty for an offence against section 26FA(4) is 60 penalty units or 6 months imprisonment or both.

Section 26FA(5) provides the specified circumstances for the purpose of section 26FA.

Section 26FA(6) provides that proceedings may only be instituted for an offence against subsection (1), (2), (3) or (4) by the Ombudsman or by or with the consent of the Director of Public Prosecutions.

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Clause 172 amends section 27(3) of the Ombudsman Act 1973 to provide that the principal officer of a relevant protected disclosure entity will be deemed to be a party to proceedings under section 27(1) of the Ombudsman Act 1973.

Clause 173 amends section 29B of the Ombudsman Act 1973, as inserted by clause 249 of the Integrity and Accountability Legislation Amendment Bill 2012, and inserts sections 29B(c), (d) and (e) to clarify the proceedings in which certain information is admissible in evidence.

Clause 174 amends item 11 of Schedule 2 to the Ombudsman Act 1973, as inserted by clause 252 of the Integrity and Accountability Legislation Amendment Bill 2012, to clarify that the Ombudsman does not have jurisdiction with respect to a person acting as a legal adviser to a protected disclosure entity or as counsel for a protected disclosure entity in any proceeding.

Division 8—Repeal of amending Part

Clause 175 provides for the repeal of Part 13 of the Bill.

SCHEDULE 1—TRANSITIONAL AND SAVINGS PROVISIONS

Clause 1 includes definitions of commencement day, Director, OPI, public body, SIM and WPA for the purposes of the Schedule.

Clause 2 provides that unless the contrary intention appears in the Schedule, the Interpretation of Legislation Act 1984 will apply. For example, unless the contrary intention appears, the repeal of the Whistleblowers Protection Act 2001 will not affect the previous operation of the Whistleblowers Protection Act 2001 or anything duly done under the Whistleblowers Protection Act 2001; any right, privilege, obligation or liability acquired, accrued or incurred under the Whistleblowers Protection Act 2001; or any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment (subclause (1)).

Subclause (2) provides that if a repealed provision of the Whistleblowers Protection Act 2001 continues to apply, then certain other provisions also continue to apply in relation to the provision.

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Clause 3 provides that from the commencement day, the Whistleblowers Protection Act 2001 continues to apply to a protected disclosure made in accordance with Part 2 of the Whistleblowers Protection Act 2001 before the commencement day (subject to any contrary provision in the Schedule).

Clause 4 provides that if, on or after the commencement day, the Ombudsman determines that a disclosure made pursuant to the Whistleblowers Protection Act 2001 is a public interest disclosure, then the Ombudsman must either commence an investigation (Division 3 of Part 5 of the Whistleblowers Protection Act 2001), notify the disclosure to the IBAC for assessment under Part 3 of the Bill or decide not to investigate the disclosed matter (s. 40 Whistleblowers Protection Act 2001). On and after the commencement day, the Ombudsman must not refer a disclosure made under the Whistleblowers Protection Act 2001 to a public body, the Chief Commissioner of Police, Auditor General or the holder of a prescribed office.

Clause 5 provides that if, before the commencement day, a disclosure is made to the Director, Police Integrity in accordance with Part 2 of the Whistleblowers Protection Act 2001 and the Director has not referred the disclosure to the Ombudsman, the disclosure is, on the commencement day, taken to have been made to the IBAC in accordance with the Bill and must be dealt with by the IBAC as an assessable disclosure.

Clause 6 provides that if the Director, Police Integrity has completed an investigation of a public interest disclosure and reported to the Ombudsman on that completed investigation, on and after the commencement day, the Ombudsman may report on the results of that investigation to the IBAC and make recommendations about the actions to be taken as a result of the investigation, but must not make a report under section 63A of the Whistleblowers Protection Act 2001 on the results of an investigation completed by the Director, Police Integrity.

Clause 7 provides that if the Ombudsman has referred a public interest disclosure to the Director, Police Integrity for investigation and, before the commencement day the investigation of the matter has not commenced or has commenced but remains uncompleted, the IBAC must investigate, dismiss or refer the

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disclosure as if it were a protected disclosure complaint under the Bill.

Clause 8 provides that if a witness summons issued by the Director, Police Integrity, is in force before the commencement day in relation to an investigation by the Director under the Whistleblowers Protection Act 2001, then the witness summons shall remain in force and certain provisions of the Whistleblowers Protection Act 2001 will continue to apply despite the repeal of the Whistleblowers Protection Act 2001.

Clause 9 provides that if the Director applied for a search warrant before the commencement day and a magistrate has not determined that application before that day, a magistrate may determine that application on or after the commencement day of the Bill and if a magistrate does issue a warrant in respect of that application, sections 61C to 61F of the Whistleblowers Protection Act 2001 continue to apply to the search warrant as if a reference in those sections to the Director were a reference to the IBAC.

Clause 10 provides that if a search warrant issued under section 61C(2) of the Whistleblowers Protection Act 2001 is in force immediately before the commencement day of the Bill

the warrant continues in force in accordance with its terms; and

subject to any conditions or limitations on the appointment, an IBAC officer appointed to be an authorised officer under section 50 of the Independent Broad-based Anti-corruption Commission Act 2011 is authorised to do anything that a person named in the warrant is authorised to do pursuant to the warrant or in the execution of the warrant; and

sections 61C to 61F of the Whistleblowers Protection Act 2001 continue to apply to the warrant and anything done under the warrant, as if a reference in those sections to the Director were a reference to the IBAC.

Clause 11 provides that if the Director applied for an arrest warrant under section 61K(1) of the Whistleblowers Protection Act 2001 before the commencement day of the Bill and a magistrate has not determined that application before that day, a magistrate

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may determine that application on or after the commencement day and if the magistrate issues the warrant, sections 61K and 61L of the Whistleblowers Protection Act 2001 continue to apply in relation to the person arrested and held in custody pursuant to that warrant and for those purposes, a reference to the Director in those sections is taken to be a reference to the IBAC.

Clause 12 provides that if an arrest warrant issued under section 61K(2) of the Whistleblowers Protection Act 2001 is in force immediately before the commencement day of the Bill—

the warrant remains in force in accordance with its terms; and

subject to any conditions or limitations on the appointment, an IBAC Officer appointed to be an authorised officer under section 50 of the Independent Broad-based Anti-corruption Commission Act 2011 is authorised to do anything that a person named in the warrant is authorised to do pursuant to the warrant or in the execution of the warrant; and

sections 61K and 61L of the Whistleblowers Protection Act 2001 continue to apply in relation to the person arrested and held in custody pursuant to the warrant and references to the Director in those sections is taken to be a reference to the IBAC.

Clause 13 provides that, subject to clauses 14 and 15 of Schedule 1 (which relate to requests for copies of things or information seized and applications for their return) any document or thing seized by the Director, Police Integrity from police personnel premises under section 61BC of the Whistleblowers Protection Act 2001 that is in the possession of the Director, Police Integrity immediately before the commencement day of the Bill is, on the commencement day, taken to have been seized by the IBAC pursuant to the Independent Broad-based Anti-corruption Commission Act 2011 (subclauses (1) and (2)).

Subclause (3) provides that any document or thing seized by the Director, Police Integrity under a search warrant issued under section 61C of the Whistleblowers Protection Act 2001 that is in the possession of the Director, Police Integrity immediately

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before the commencement day of the Bill, is on the commencement day taken to have been seized by the IBAC under Division 4 of Part 4 of the Independent Broad-based Anti-corruption Commission Act 2011.

Subclause (4) provides that if a document or thing is seized by the Director, Police Integrity under section 61BC of the Whistleblowers Protection Act 2001 from a public authority premises, other than police personnel premises, and immediately before the commencement day of the Bill, the document or thing is in the possession of the Director, Police Integrity, on and after the commencement day, section 61BH of the Whistleblowers Protection Act 2001 continues to apply in relation to the thing or document as if a reference in that section to the Director were a reference to the IBAC.

Subclause (5) provides that for the purposes of this clause, police personnel premises has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011.

Clause 14 provides that if a request under section 61BD of the Whistleblowers Protection Act 2001 for a copy of a thing or information seized has not been determined before the commencement day of the Bill, section 61BD of the Whistleblowers Protection Act 2001 continues to apply to that request on and after the commencement day of the Bill except that a reference to a request made to an authorised officer is to be read as a reference to a request made to an authorised IBAC Officer and a reference in the section to the Director, Police Integrity, is to be read as a reference to the IBAC (subclauses (1) and (2)).

Subclause (3) provides that the exercise of a power or function by an IBAC Officer under section 61BD of the Whistleblowers Protection Act 2001 pursuant to subclause (2)(a) is subject to any conditions or limitations on the IBAC Officer's appointment as an authorised officer under section 50 of the Independent Broad-based Anti-corruption Commission Act 2011.

Clause 15 provides that if an application to the Magistrates' Court for a return of a document or thing seized that has not been determined before the commencement day of the Bill, section 61BG of the Whistleblowers Protection Act 2001 continues to apply to that application on and after the

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commencement day, as if a reference in that section to the Director is a reference to the IBAC.

Clause 16 provides that if, before the commencement day of the Bill, a person has claimed that a document or thing is the subject of legal professional privilege and the Magistrates' Court has not determined whether or not the document or thing is the subject of legal professional privilege, then, despite the repeal of the Whistleblowers Protection Act 2001, on and after the commencement day of the Bill—

the procedure under section 61BE of the Whistleblowers Protection Act 2001 continues to apply to the handling of the document or thing as if a reference in that section to an authorised officer were a reference to an IBAC Officer appointed to be an authorised officer under section 50 of the Independent Broad-based Anti-corruption Commissioner Act 2011; and

section 61C of the Whistleblowers Protection Act 2001 continues to apply as if a reference in that section to the Director were a reference to the IBAC; and

the Magistrates' Court must make its decision under section 61BF of the Whistleblowers Protection Act 2001.

Clause 17 provides that any claims that a document or thing is the subject of legal professional privilege made on or after the commencement day of the Bill, must be dealt with in accordance with the IBAC Act and the claim determined by the Supreme Court under section 69 of the Independent Broad-based Anti-corruption Commission Act 2011, even if the document or thing is the subject of a warrant issued under the Whistleblowers Protection Act 2001.

Clause 18 provides that a direction given by the Director, Police Integrity to a member of the police force to give any relevant information, produce any relevant document or answer any relevant question under section 55(1) of the Whistleblowers Protection Act 2001 that is in force immediately before the commencement day is, on the commencement day, taken to

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have been given by the IBAC under section 53(2) of the Independent Broad-based Anti-corruption Commission Act 2011.

Provides for the continuation of a direction given by the Director, Police Integrity that a person be delivered into custody for the purpose of bringing the person before the Director to provide information, produce a document or thing or give evidence as required by a summons, pursuant to section 61L(2) of the Whistleblowers Protection Act 2001. From the commencement day, these directions are taken to have been given by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011.

Clause 19 applies if, before the commencement day, the Director, Police Integrity is required under section 103A Whistleblowers Protection Act 2001 to cause a report to be transmitted to each House of Parliament. Section 103A Whistleblowers Protection Act 2001 applies to a report to the Parliament of the Ombudsman if the report arose from a disclosed matter referred by the Ombudsman to the Director.

Provides that on or after the commencement day, the IBAC may cause the report to be transmitted to each House of Parliament if the Director has not already done so.

Clause 20 provides that if, before the commencement day, a disclosure has been made to the Chief Commissioner of Police in accordance with Part 2 of the Whistleblowers Protection Act 2001 and the Chief Commissioner has not referred the disclosure to the Ombudsman, the disclosure is taken to have been made to the Chief Commissioner in accordance with the Bill and must be notified to the IBAC under the Bill.

Clause 21 applies if the Chief Commissioner of Police has completed an investigation of a disclosed matter under Part 7 of the Whistleblowers Protection Act 2001.

Provides that, despite the repeal of the Whistleblowers Protection Act 2001, on and after the commencement day of the Bill, Division 3 of Part 7 of the Whistleblowers Protection Act 2001 applies to the investigation. That Division relates to the actions the Chief Commissioner must take on completion of an investigation.

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Provides that, on and after the commencement day of the Bill, the Ombudsman may make a written report on the results of the investigation in accordance with section 63A(1) and (2) of the Whistleblowers Protection Act 2001.

Provides that, on and after the commencement day of the Bill, if the Ombudsman has made a recommendation in a report to a person under section 63A(1) of the Whistleblowers Protection Act 2001 (that is, to the Chief Commissioner, the Police Minister or the Premier), the Ombudsman may request that person to notify him or her in accordance with section 64 of the Whistleblowers Protection Act 2001 about the implementation of the recommendations.

Clause 22 provides that if the Chief Commissioner has commenced but not completed an investigation of a public interest disclosure under Part 7 of the Whistleblowers Protection Act 2001 before the commencement day of the Bill, the Chief Commissioner of Police must continue the investigation of the disclosed matter as if it were a protected disclosure complaint referred to the Chief Commissioner of Police by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011.

Clause 23 provides that if the Ombudsman has taken over an investigation by the Chief Commissioner of Police under section 86 of the Whistleblowers Protection Act 2001 before the commencement day of the Bill and has not completed that investigation before that day, the Ombudsman must deal with the disclosed matter in accordance with the Whistleblowers Protection Act 2001.

Clause 24 provides that if, before the commencement day, a disclosure has been made to a public body other than the Chief Commissioner of Police, in accordance with Part 2 of the Whistleblowers Protection Act 2001 and that public body has not referred the disclosure to the Ombudsman, the public body must notify the disclosure to the IBAC within 28 days and the disclosure must be dealt with by the IBAC as an assessable disclosure in accordance with the Bill.

Clause 25 provides that if a public body (other than the Chief Commissioner of Police) has commenced but not completed the investigation of a disclosed matter under the Whistleblowers

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Protection Act 2001 before the commencement day, the public body must complete the investigation of the disclosure under the Whistleblowers Protection Act 2001, provide information to the Ombudsman about progress of the investigation, report to the Ombudsman on the completion of the investigation and follow the relevant procedures and guidelines established pursuant to the Whistleblowers Protection Act 2001.

Clause 26 provides that if the Ombudsman has taken over an investigation by a public body (other than the Chief Commissioner of Police) before the commencement day of the Bill and has not completed the investigation before the commencement day, the Ombudsman must deal with the disclosed matter in accordance with the Whistleblowers Protection Act 2001.

Clause 27 provides that if a disclosure has been made to the Presiding Officer but not referred to the Ombudsman before the commencement day of the Bill, the Presiding Officer may notify the disclosure to the IBAC and if so, the IBAC must handle it as if it were an assessable disclosure in accordance with the Bill.

Clause 28 provides that if a Presiding Officer referred a disclosure to the Ombudsman before the commencement day of the Bill, the Ombudsman must deal with the disclosed matter in accordance with the Whistleblowers Protection Act 2001.

Clause 29 provides that if a disclosure is made within 6 months of the commencement day of the Bill and would have been a disclosure made in accordance with Part 2 of the Whistleblowers Protection Act 2001 if it had been made before the commencement day, the entity to whom the disclosure was made must notify the disclosure to the IBAC (however the Presiding Officer may notify the disclosure to the IBAC) and the disclosure must be dealt with by the IBAC as an assessable disclosure in accordance with the Bill.

Clause 30 continues the exemption from the Freedom of Information Act 1982, as set out in section 109 of the Whistleblowers Protection Act 2001, to any document specified in that section.

Clause 31 provides that on and after commencement day, the matters to be included in the IBAC's annual report (pursuant to section 89 Independent Broad-based Anti-corruption Commission Act

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2011), include the performance by the IBAC of any duties and functions under the transitional arrangements in the Schedule to the Bill.

Clause 32 applies if, before the commencement day, the Special Investigations Monitor has received a complaint under section 105E of the Whistleblowers Protection Act 2001 that a person called to attend the Director, Police Integrity, was not afforded adequate opportunity to convey his or her appreciation of the relevant facts to the Director, but an investigation into that complaint has either not commenced or has commenced but was not completed prior to the commencement day.

Provides that on and after the commencement day, the complaint is taken to be a protected disclosure made to the Victorian Inspectorate and may be dealt with under the Victorian Inspectorate Act 2011.

Clause 33 provides that a complaint that could be made to the Special Investigations Monitor in accordance with section 105E of the Whistleblowers Protection Act 2001 may be made to the Victorian Inspectorate after commencement. Under section 105E of the Whistleblowers Protection Act 2001, a person who has attended the Director in the course of an investigation under the Whistleblowers Protection Act 2001 may make a complaint within 3 days after the person was excused from attendance. Consequently this clause will only apply to a complaint in relation to an attendance occurring 3 days or less before the repeal of the Whistleblowers Protection Act 2001.

Clause 34 sets out which investigation powers are available to the Victorian Inspectorate for the purpose of investigating complaints pursuant to section 105E of the Whistleblowers Protection Act 2001, on and after the commencement day.

Clause 35 provides that from the commencement day, the IBAC must meet any reporting obligations of the Director under Part 9A of the Whistleblowers Protection Act 2001 that have not been discharged prior to the commencement day.

Clause 36 provides that from the commencement day, the Victorian Inspectorate must meet any annual reporting obligations of the Special Investigations Monitor under the Whistleblowers

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Protection Act 2001 that have not been discharged prior to the commencement day.

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