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INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT (A STRONGER SYSTEM)
ACT 2016 (NO. 30 OF 2016)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
PART 2--INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011
3. Amendment of section 3—Definitions
4. Amendment of section 4—Corrupt conduct
5. Amendment of section 8—Objects of Act
6. Amendment of section 11—Conduct occurring before the commencement of this section
7. New section 11A inserted—Determination of matter previously considered by the IBAC
8. Amendment of section 15—Functions of the IBAC
9. Consequential repeal of section 17—Delegation
10. Amendment of section 30—Acting appointment
11. Section 32 substituted—Delegations
12. Consequential amendment to section 37
13. Amendment of section 41—Disclosure or provision of information by the IBAC
14. Amendment of section 42—Confidentiality notice
15. Amendment of section 44—Disclosure subject to confidentiality notice
16. Amendment of section 47—Protected documents and other things in proceedings, processes or actions other than criminal proceedings
17. Amendment of section 48—Production and inspection of protected documents and things in criminal proceedings
18. Amendment of section 56—The IBAC may receive information
19. Amendment of section 57—Notifications to the IBAC
20. New sections 57A and 57B inserted
21. Amendment of section 59—Notice of dismissal, investigation or referral of complaint or notification
22. New Division 3A inserted in Part 3—Preliminary inquiries
23. Amendment of section 60—Conducting investigations about corrupt conduct
24. Amendment of section 66—Conducting investigations into protected disclosure complaints about detrimental action
25. Amendment of section 68—When certain complaints or notifications to the IBAC are dismissed
26. Amendment of section 73—Referral of complaint or notification for investigation by another person or body
27. Amendment of section 85—The Commissioner must authorise use of powers under this Division
28. Amendment of section 91—Search warrant
29. Amendment of section 115—Power to hold examinations
30. Amendment of section 118—Offence to be present at examination
31. Amendment of section 119—The IBAC may give directions
32. Amendment of section 124—Service of witness summons
33. Amendment of section 126—Witness already held in custody
34. New section 129A inserted—The IBAC may issue suppression order
35. Amendment of section 130—Actions to be taken before questioning of a witness or requiring production of a document or other thing
36. Amendment of section 136—Offence for summoned witness to refuse or fail to answer question
37. Amendment of section 139—Warrant to arrest witness who fails to appear
38. Amendment of section 140—Bail for person arrested
39. Amendment of section 142—Report to Victorian Inspectorate on issue of arrest warrant
40. Section 150 substituted—Reimbursement of expenses of certain witnesses
41. Amendment of section 151—Provision of legal assistance to witnesses
42. Amendment of section 163—Advice to a complainant and other persons
43. Amendment of section 180—Offence to hinder or obstruct an IBAC officer
44. Section 185 substituted
45. Amendment of section 196—Regulations—specific matters
46. Insertion of notes
47. Amendment of section 189—Power to bring proceedings
48. Amendment of section 190—Power for the IBAC to bring criminal proceedings
49. Amendments relating to the Legal Profession Uniform Law (Victoria)
PART 3--AUDIT ACT 1994
50. Amendment of section 16AB—Transmission of reports to Parliament
51. Amendment of section 19A— Mandatory notification of corrupt conduct to IBAC
52. Amendment of section 19B—Mandatory notification to Victorian Inspectorate
53. Amendment of section 19C—Communication of information to specified persons or bodies
54. Amendment of section 20A—Improper use of information
PART 4--OMBUDSMAN ACT 1973
55. Amendment of section 2—definitions
56. Amendment of section 13A —Conducting of enquiries
57. Amendment of section 14—Making a complaint
58. Amendment of section 15—How the Ombudsman is to deal with certain complaints
59. Amendment of section 15A—Ombudsman may refuse to deal with certain complaints
60. Amendment of section 15C—Ombudsman must investigate protected disclosure complaints
61. Amendment of section 15E—Ombudsman may refuse to investigate certain protected disclosure complaints
62. Amendment of section 16A—Ombudsman may conduct own motion investigation
63. Amendment of section 16E—Notification to IBAC
64. Amendment of section 16F—Notification to the Victorian Inspectorate
65. Amendment of section 16L—Disclosure of information by the Ombudsman
66. New section 16M inserted—Disclosure of information for specified purposes
67. Amendment of section 17—Procedure relating to investigations
68. Amendment of section 25AA—Transmission of sections 23(6) and 25 reports to Parliament
69. Amendment of section 26A—Unauthorised disclosure
70. Amendments relating to gender neutral language
PART 5--PUBLIC INTEREST MONITOR ACT 2011
71. Amendment of section 8—Eligibility for appointment
72. Amendment of section 12—Vacancy and registration
73. Amendment of section 17—Confidentiality
74. New section 17A inserted—Immunity
PART 6--VICTORIAN INSPECTORATE ACT 2011
75. New section 12A inserted—Specific powers in relation to the IBAC
76. New Division 1A inserted in Part 6—Preliminary inquiries
--Divisions 2 and 3 do not apply to, or in respect of, a preliminary inquiry.
77. Amendment relating to the Legal Profession Uniform Law (Victoria)
PART 7--AMENDMENT OF OTHER ACTS
78. Amendment of section 61 of the Commission for Children and Young People Act 2012—Mandatory notification of corrupt conduct to IBAC
79. Amendment of section 19A of the Electoral Act 2002—Mandatory notification of corrupt conduct to IBAC
80. Amendment of section 54C of the Environment Protection Act 1970—Mandatory notification of corrupt conduct to IBAC
81. Amendment of section 46 of the Health Records Act 2001—Complaint to Health Services Commissioner
82. Amendment of section 6 of the Legal Aid Act 1978—Functions and powers
83. Amendment of sections 223B and 223CC of the Local Government Act 1989
84. Amendment of section 4 of the Protected Disclosure Act 2012—Meaning of improper conduct
85. Amendment of section 26 of the Protected Disclosure Act 2012—Assessment of disclosure and determination by the IBAC
86. Amendment of section 73 of the Public Administration Act 2004—Mandatory notification of corrupt conduct to IBAC
87. Amendment of section 37G of the Racing Act 1958—Mandatory notification of corrupt conduct to IBAC
88. Amendment of section 20A—Surveillance Devices Act 1999—Revocation of surveillance device warrant
89. Amendment of section 613 of the Workplace Injury Rehabilitation and Compensation Act 2013—Mandatory notification of corrupt conduct to IBAC
PART 8--AUDIT ACT 1994--ACCOUNTABILITY AMENDMENTS
90. Amendment of section 1—Purposes
91. Amendment of section 3—Definitions
92. Amendment of section 3A—Objectives
93. New section 3B inserted—Extra-territorial operation of Part 3
94. Amendment of section 7A—Auditor-General's annual plan
95. Consequential amendment of section 11D—Advance notice of performance audits
96. Amendment of section 12—Access to information
97. Amendment of section 15—Performance audits
98. Amendment of section 16—Audit reports to Parliament
99. New section 16FA inserted—Collaboration with other Auditors-General
100. Amendment of section 20A—Improper use of information
101. Repeals
PART 9--REPEAL OF AMENDING ACT
102. Repeal of amending Act
ENDNOTES
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