Victorian Current Acts

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011

TABLE OF PROVISIONS

   PART 1--PRELIMINARY[1]

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Corrupt conduct  
   5.      Meaning of police personnel conduct, police personnel conduct complaint and police personnel misconduct  
   6.      Definitions of public body, public officer and public sector  
   7.      Public interest complaint taken to be complaint  
   8.      Objects of Act  
   9.      Act binds the Crown  
   10.     Application of Act  
   11.     Conduct occurring before the commencement of this section  
   11A.    Determination of matter previously considered by the IBAC  

   PART 2--THE IBAC

           Division 1--Constitution and staff

   12.     Establishment of the IBAC  
   13.     The IBAC is a body corporate  
   14.     Constitution of the IBAC  
   15.     Functions of the IBAC  
   16.     Powers of the IBAC  
   18.     IBAC not subject to direction or control  
   19.     Independence of the Commissioner  
   20.     Appointment of the Commissioner  
   21.     Veto of proposed Commissioner  
   22.     Duties, functions and powers of the Commissioner  
   23.     Deputy Commissioners  
   24.     Terms and conditions  
   24A.    Pension entitlements of Commissioner, partner and eligible children  
   24B.    Salary sacrifice  
   24C.    Appropriation of Consolidated Fund  
   25.     Vacancy and resignation—office of the Commissioner  
   26.     Suspension and removal from office of the Commissioner  
   27.     Vacancy and resignation—office of Deputy Commissioner  
   28.     Removal from office of a Deputy Commissioner  
   29.     Declaration of inability to act  
   30.     Acting appointment  
   31.     Oath or affirmation of office  
   32.     Delegations  
   33.     Chief Executive Officer  
   34.     Oath or affirmation of office by Chief Executive Officer or acting Chief Executive Officer  
   35.     Staff  
   36.     Consultants  
   37.     Oath or affirmation by staff and consultants  
   38.     Obligation on staff employed or engaged under section 35 or persons engaged under section 36 not to make public comment  
   39.     Obligation to avoid actual or perceived conflicts of interest  

           Division 2--Disclosure by the IBAC

   40.     Unauthorised disclosures or provision of information  
   41.     Disclosure or provision of information by the IBAC  

           Division 3--Confidentiality notices

   42.     Confidentiality notice  
   43.     IBAC to provide Victorian Inspectorate with copies  
   44.     Disclosure subject to confidentiality notice  

           Division 4--Protection of persons and documents

   45.     Who is a protected person?  
   46.     What is a protected document or other thing?  
   47.     Protected documents and other things in proceedings, processes or actions other than criminal proceedings  
   48.     Production and inspection of protected documents and things in criminal proceedings  
   49.     Court may appoint special counsel to represent party  
   50.     Compellability of protected persons as witnesses  

   PART 3--INVESTIGATIONS

           Division 1--Complaints to the IBAC

   51.     Complaints to the IBAC about corrupt conduct  
   52.     Police personnel conduct complaints to the IBAC  
   53.     Complaint to be in writing  
   54.     Complaint from detained person  
   55.     Withdrawal of complaint  

           Division 2--Information and notifications to the IBAC

   56.     The IBAC may receive information  
   57.     Notifications to the IBAC  
   57A.    Directions  
   57B.    Exemption notice  

           Division 3--IBAC obligations in relation to complaints and notifications to the IBAC

   58.     IBAC must dismiss, investigate or make referral  
   58A.    IBAC may defer decision pending investigation by other person or body  
   59.     Notice of dismissal, investigation or referral of complaint or notification  

           Division 3A--Preliminary inquiries

   59A.    IBAC may conduct preliminary inquiry  
   59B.    IBAC may conduct a preliminary inquiry as to own motion investigation  
   59C.    Parts 3 and 4 do not apply  
   59D.    Power to request information  
   59E.    Power to issue witness summons  
   59F.    Content and form of witness summons  
   59G.    IBAC to report to Victorian Inspectorate on issue of witness summonses  
   59H.    Witness summons directed to person under 16 years  
   59I.    Service of witness summons  
   59J.    Supreme Court may order service by other means  
   59K.    Actions to be taken before requiring production of a document or other thing  
   59L.    Procedure for determining claims of privilege or claims of a secrecy requirement  
   59M.    Application to Supreme Court to determine privilege or application of secrecy requirement  
   59N.    Determination of claim  
   59O.    Offence for summoned witness to fail to produce document or other thing  
   59P.    Prohibitions applying to the IBAC  

           Division 4--Carrying out investigations

   60.     Conducting investigations about corrupt conduct  
   61.     Conducting investigations about conduct of judicial officers  
   62.     Findings about judicial officers not to be included in special or annual reports  
   63.     The IBAC must dismiss certain complaints or notifications to the IBAC about judicial officers  
   64.     Conducting investigations about police personnel conduct  
   65.     Conduct of Chief Commissioner of Police, Deputy Commissioner of Police or Assistant Commissioner of Police  
   66.     Conducting investigations into public interest complaints about detrimental action  
   67.     Complaints or notifications to the IBAC that do not warrant investigation  
   68.     When certain complaints or notifications to the IBAC are dismissed  
   69.     Discontinuance of investigation  
   70.     Investigation when other proceedings on foot  
   71.     The IBAC to disclose to Victorian Inspectorate complaint or notification involving conduct of the IBAC or IBAC Officers  
   72.     The IBAC may conduct coordinated investigations  

           Division 5--Referrals

   73.     Referral of complaint or notification for investigation by another person or body  
   73A.    Referral of public interest complaints to other investigating entities  
   74.     Referrals to prosecutorial bodies  
   74A.    Referrals to the Judicial Commission  
   75.     Referrals to prosecutorial bodies for advice  
   76.     Consultation prior to referral  
   77.     Information to be provided with referral  
   78.     Provision to the IBAC of information about referred complaint or notification  
   79.     Withdrawal of referred complaint or notification  
   80.     Notice of withdrawal of referral  

   PART 4--INVESTIGATIVE POWERS

           Division 1--Authorised officers

   81.     Appointment of authorised officers  
   82.     Identity cards  
   83.     Production of identity card  

           Division 2--Additional powers--conduct of police

   84.     Power to require police to give information and documents and answer questions  

           Division 3--Entry, search and seizure--police personnel premises

   85.     The Commissioner must authorise use of powers under this Division  
   86.     Power to enter police personnel premises  
   87.     Power to seize documents or things at police personnel premises  
   88.     Copies of, access to or receipt for documents or other things seized  
   89.     Application for return of things seized  
   90.     Return of things seized from police personnel premises  

           Division 4--Search warrant powers

   91.     Search warrant  
   92.     Procedure for executing search warrant  
   93.     Copies or receipts to be given for documents or other things  
   94.     Return of documents and other things  
   95.     Assistance in executing search warrants  
   96.     Police must provide reasonable assistance  
   97.     Privilege claims in relation to search warrants  

           Division 5--Privilege

   98.     Certain privileges abrogated in relation to police personnel and other public officers  
   99.     Journalist privilege does not apply  
   100.    Application to Supreme Court to determine privilege  
   101.    Determination of privilege claims  
   101A.   Access to Royal Commission records  

   PART 5--DEFENSIVE EQUIPMENT AND FIREARMS

   102.    Authorisation to possess, carry and use defensive equipment for investigating certain police personnel conduct  
   103.    Authorisation to possess, carry and use defensive equipment for investigating possible corrupt conduct  
   104.    Authorisation to possess, carry and use defensive equipment for training purposes  
   105.    Authorisation to acquire, store and maintain defensive equipment  
   106.    Authorisation to possess, carry and use firearms for investigating certain police personnel conduct  
   107.    Authorisation to possess, carry and use firearms for investigating possible corrupt conduct  
   108.    Authorisation to possess, carry and use firearms for training purposes  
   109.    Authorisation to acquire, dispose of, store and maintain firearms  
   110.    Senior IBAC Officer must not contravene conditions of authorisation  
   111.    The IBAC to notify Chief Commissioner of Police of acquisition or disposal of firearms  
   112.    Storage of firearms  
   113.    Storage of cartridge ammunition  
   114.    Requirement to notify Chief Commissioner of Police of loss, theft or destruction  

   PART 6--EXAMINATIONS

           Division 1--Examinations

   115.    Power to hold examinations  
   116.    Conduct of examinations  
   117.    Examinations generally to be held in private  
   118.    Offence to be present at examination  
   119.    The IBAC may give directions  
   119A.   Appearance at public examination by interested party  
   120.    Witness summons  
   121.    Content and form of witness summons  
   122.    IBAC to report to Victorian Inspectorate on issue of witness summonses  
   123.    Witness summons directed to person under 16 years  
   124.    Service of witness summons  
   125.    Supreme Court may order service by other means  
   126.    Witness already held in custody  
   127.    Legal representation of witnesses and other persons  
   128.    IBAC to inform Victorian Inspectorate of direction in relation to specified Australian legal practitioner  
   129.    Specific provisions relating to witnesses  
   129A.   The IBAC may issue suppression order  
   130.    Actions to be taken before questioning of a witness or requiring production of a document or other thing  
   131.    Witness attending examination in relation to investigation of public interest complaint to be informed of confidentiality obligations  
   132.    Power to examine on oath or affirmation  
   132A.   Cross-examination of witness  
   133.    Video recording of examination  
   134.    IBAC to give copy of video recording and any transcript to Victorian Inspectorate  
   135.    Offence for summoned witness to fail to attend examination  
   136.    Offence for summoned witness to refuse or fail to answer question  
   137.    Offence for summoned witness to fail to produce document or other thing  
   138.    Offence to fail to take oath or make affirmation  

           Division 2--Arrest for failure to appear

   139.    Warrant to arrest witness who fails to appear  
   140.    Bail for person arrested  
   141.    Person held in custody  

           Division 2A--Warrant to arrest for likely failure to comply with witness summons in certain circumstances

   141A.   Warrant to arrest potential witness who has not yet been summoned  
   141B.   Warrant to arrest witness to whom a witness summons has been issued but not served  
   141C.   Warrant to arrest witness to whom a witness summons has been issued and served  
   141D.   Matters relating to an arrest warrant issued under section 141A(2), 141B(2) or 141C(2)  
   141E.   Arrest warrant under section 141A, 141B or 141C may be granted by telephone or audio visual link in certain circumstances  
   141F.   Person arrested must be brought before the Supreme Court or Magistrates' Court  

           Division 2B--General provisions in respect of arrest warrant issued under Division 2 or 2A

   141G.   Person arrested under arrest warrant issued under Division 2 or 2A to be given opportunity to seek legal advice or legal representation  
   142.    Report to Victorian Inspectorate on issue of arrest warrant  

           Division 3--Privileges and secrecy provisions applying to examinations

   143.    Privileges and secrecy generally  
   144.    Privilege against self-incrimination abrogated—witness summons  
   145.    Journalist privilege does not apply  
   146.    Procedure for determining claims of privilege or claims of a secrecy requirement  
   147.    Application to Supreme Court to determine privilege or application of secrecy requirement  
   148.    Determination of claim  
   149.    Protection of legal practitioners and witnesses  

           Division 4--Assistance for witnesses

   150.    Reimbursement of expenses of certain witnesses  
   151.    Provision of legal assistance to witnesses  

           Division 5--Contempt

   152.    Contempt of the IBAC  
   153.    Charging and arresting a person for contempt  
   154.    Report to Victorian Inspectorate on issue of arrest warrants  
   155.    Bail pending court appearance for contempt  
   156.    Custody pending court appearance for contempt  
   157.    Supreme Court to deal with contempt  
   158.    Act or omission constituting both an offence and contempt  

   PART 7--RECOMMENDATIONS, ACTIONS AND REPORTS

   159.    Recommendations  
   160.    The IBAC may request the Chief Commissioner of Police to take certain actions  
   161.    Actions by Chief Commissioner of Police  
   162.    Special reports  
   162A.   Advance copy of report to the Parliament  
   163.    Advice to a complainant and other persons  
   164.    Outcome of investigation  
   165.    Matters to be included in annual report  
   166.    Persons who receive reports or information prior to publication  

   PART 8--BUDGET, ANNUAL PLAN AND PERFORMANCE AUDIT

   167.    Budget  
   168.    Annual plan  
   169.    Transmission of annual plan to Parliament  
   170.    Independent performance audit  
   170A.   Report of independent performance auditor  

   PART 9--GENERAL

           Division 1--Alcohol and drug testing of IBAC Officers

   171.    Application of Division  
   172.    Alcohol and drug testing of IBAC Officers  
   173.    The IBAC may have regard to evidence in certain circumstances  
   174.    Taking a sample when an IBAC Officer is unconscious or otherwise unable to comply with direction  
   175.    Admissibility of test result in certain proceedings  
   176.    Handling and confidentiality of test results  
   177.    Offence to disclose identifying information  
   178.    No action against registered medical practitioner or approved health professional  

           Division 2--Offences and proceedings

   179.    Offence to impersonate IBAC Officer  
   180.    Offence to hinder or obstruct an IBAC Officer  
   181.    Compliance with direction or requirement  
   182.    Statement which is false or misleading  
   183.    Disclosure of transferred restricted matter  
   184.    Offence to disclose certain information received from the IBAC  
   185.    Criminal liability of officers of bodies corporate—accessorial liability  
   186.    Maximum fine for body corporate  
   187.    Responsible agency for the Crown  
   188.    Proceedings against successors to public bodies  
   189.    Power to bring proceedings  
   190.    Power for the IBAC to bring criminal proceedings  
   191.    Service of document  
   192.    Validity and effect of notices, orders and other documents and deemed service  

           Division 3--Miscellaneous

   193.    Immunity of the IBAC and IBAC Officers  
   194.    Exemption from Freedom of Information Act 1982  
   194A.   Act applies equally to attendance in person or by audio or audio visual link  
   195.    Regulations  
   196.     Regulations—specific matters  
   198.    Schedule  

   PART 10--TRANSITIONAL PROVISIONS

   199.    Transitional provision—Justice Legislation Miscellaneous Amendments Act 2020  
           SCHEDULE
           ENDNOTES