Victorian Numbered Acts Victorian Numbered Acts(1) If a disclosure is made to the Victorian Inspectorate in accordance with Division 2 of Part 2 that relates to the IBAC or an IBAC Officer, the Victorian Inspectorate must assess whether, in its view, the disclosure is a protected disclosure.
(2) Following an assessment under subsection (1), the Victorian Inspectorate must—
(a) if the Victorian Inspectorate considers that the disclosure is a protected disclosure—determine that the disclosure is a protected disclosure complaint; or
(b) in any other case—determine that the disclosure is not a protected disclosure complaint.
Note
The protections under Part 6 apply to a protected disclosure whether or not the Victorian Inspectorate has determined that the disclosure is a protected disclosure complaint.
(3) A determination under subsection (2) must be made within a reasonable time after the disclosure is made to the Victorian Inspectorate.
(4) The Victorian Inspectorate must not exercise any of its powers of investigation under the Victorian Inspectorate Act 2011 when making an assessment under subsection (1).
(5) Sections 28, 29 and 30 apply to a disclosure assessed by the Victorian Inspectorate under subsection (1) as if a reference to the IBAC were a reference to the Victorian Inspectorate.
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PART 4—DISCLOSURES DETERMINED TO BE PROTECTED DISCLOSURE COMPLAINTS