Victorian Current Acts

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INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 77

Information to be provided with referral

    (1)     In accordance with section 41, the IBAC may provide or disclose to a person or body to which a referral is made under this Division any information that the IBAC has in relation to the matter referred.

S. 77(2) inserted by No. 2/2019 s. 56.

    (2)     Despite subsection (1), the IBAC may disclose to the Chief Commissioner of Police information that is likely to lead to the identification of a person who has made an assessable disclosure if—

        (a)     the IBAC has determined that the assessable disclosure is a public interest complaint; and

        (b)     the public interest complaint has been referred to the Chief Commissioner of Police for investigation; and

        (c)     the person has consented to the disclosure of the information.

S. 77(2A) inserted by No. 50/2021 s. 132(1).

    (2A)     Despite subsection (1), the IBAC may disclose to the Office of the Special Investigator information that is likely to lead to the identification of a person who has made an assessable disclosure if—

        (a)     the IBAC has determined that the assessable disclosure is a public interest complaint; and

        (b)     the public interest complaint has been referred to the Office of the Special Investigator for investigation; and

        (c)     the person has consented to the disclosure of the information.

S. 77(3) inserted by No. 2/2019 s. 56, amended by No. 50/2021 s. 132(2).

    (3)     Before making a disclosure referred to in subsection (2) or (2A), the IBAC must consult with the person who made the public interest complaint.

S. 78 inserted by No. 28/2012 s. 20, amended by No. 82/2012 s. 256.



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