Victorian Current Acts Victorian Current Acts(1) If, during an investigation of a public interest complaint the Information Commissioner considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice—
(a) an investigation by the IBAC or the Victorian Inspectorate; or
(b) the safety or reputation of a person; or
(c) the fair trial of a person who has been, or may be, charged with an offence—
the Information Commissioner must issue a confidentiality notice in respect of the investigation to a person (other than an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or restricted matters in accordance with this section.
(2) A confidentiality notice must—
(a) be in the prescribed form; and
(b) specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued; and
(c) include a copy of the provisions of subsections (3) to (7) and sections 61TK and 61TM and an explanation of the effect of those provisions; and
(d) include a statement—
(i) advising the person to whom the confidentiality notice is issued that additional obligations under the Public Interest Disclosures Act 2012 relating to confidentiality may apply to the person; and
(ii) directing the person to the provisions of that Act which impose those obligations.
(3) If at any time the Information Commissioner considers on reasonable grounds that it is necessary to restrict disclosure of a different restricted matter from any of those specified in a confidentiality notice in respect of a particular investigation to ensure that the disclosure would not be likely to have the effect specified in subsection (1)(a), (b) or (c), the Information Commissioner must issue to the person to whom the confidentiality notice was issued—
(a) a notice cancelling the previous confidentiality notice; and
(b) a new confidentiality notice in respect of that investigation under subsection (1).
(4) If at any time the Information Commissioner considers on reasonable grounds that disclosure of a particular restricted matter specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a), (b) or (c), the Information Commissioner must issue to the person to whom the confidentiality notice was issued—
(a) a notice cancelling the previous confidentiality notice; and
(b) a new confidentiality notice in respect of that investigation under subsection (1).
(5) If at any time the Information Commissioner considers on reasonable grounds that disclosure of the restricted matter or restricted matters specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a), (b) or (c), the Information Commissioner must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice.
(6) At the conclusion of an investigation in respect of which a confidentiality notice was issued, the Information Commissioner must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless—
(a) the Information Commissioner has applied for an order under section 61TK extending the confidentiality notice and the application has not been determined; or
(b) the Supreme Court has made an order under section 61TK extending the confidentiality notice; or
(c) the confidentiality notice has already been cancelled under subsection (3), (4) or (5) or section 61TK(3).
(7) A confidentiality notice in respect of a particular investigation ceases to have effect on whichever of the following occurs first—
(a) the date on which the Information Commissioner issues a notice cancelling the confidentiality notice under subsection (3), (4), (5) or (6) or section 61TK(3);
(b) the date specified in an order under section 61TK extending the confidentiality notice.
S. 61TJ(8) amended by No. 11/2021 s. 141.
(8) A confidentiality notice under subsection (1) or a notice cancelling a confidentiality notice under subsection (3), (4), (5) or (6) may be issued to a person by serving a copy on the person in accordance with section 61W.
S. 61TK inserted by No. 2/2019 s. 110.