Victorian Numbered Acts

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION AMENDMENT (EXAMINATIONS) ACT 2012 (NO. 28 OF 2012) - SECT 19

After section 49 of the Independent Broad-based Anti-corruption Commission Act 2011 insert —

        " 49A     The IBAC to disclose to Victorian Inspectorate complaint or notification involving conduct of the IBAC or IBAC Officers

The IBAC must notify the Victorian Inspectorate of any complaint or notification to the IBAC if that complaint or notification involves conduct of—

        (a)     the IBAC; or

        (b)     any person who is, or was at the time of the conduct, an IBAC Officer.

        49B     The IBAC may conduct coordinated investigations

s. 19

    (1)     For the purposes of, or in connection with, its investigative functions under this Act, the IBAC may conduct an investigation under this Division in coordination with any integrity body or law enforcement agency.

    (2)     An investigation conducted in coordination with an integrity body or a law enforcement agency—

        (a)     must be conducted by the IBAC as an exercise of the duties, functions and powers of the IBAC; and

        (b)     may otherwise be conducted in any way the IBAC sees fit.

    (3)     Without limiting subsection (2), for the purposes of an investigation conducted in coordination with an integrity body or a law enforcement agency, the IBAC may—

        (a)     consult, coordinate and cooperate with any integrity body or law enforcement agency which is, in accordance with that body's or agency's own duties, functions and powers, conducting an investigation in respect of the same matter or similar or related subject matter;

        (b)     in accordance with section 33B, provide or disclose information to an integrity body or a law enforcement agency with which the IBAC is conducting a coordinated investigation;

        (c)     in accordance with Part 3, receive information from an integrity body or a law enforcement agency with which the IBAC is conducting a coordinated investigation;

        (d)     enter into a memorandum of understanding or an agreement with any integrity body or law enforcement agency in relation to the conduct of coordinated investigations with that integrity body or law enforcement agency.

    (4)     Without limiting subsection (3)(d), a memorandum of understanding or an agreement under that subsection may be in relation to—

        (a)     coordinated investigations generally; or

        (b)     specific coordinated investigations or classes of coordinated investigation.

    (5)     Nothing in this section permits a duty or function of the IBAC to be performed or a power of the IBAC to be exercised other than—

        (a)     by a person authorised to perform that duty or function, or exercise that power, under this Act; and

        (b)     in a manner required or authorised under this Act.".